1 Supplement No. 24 - Code of Ordinances - REPLACE HALF PAGES_Page_0014i
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TABLE OF CONTENTS—Cont'd.
Chapter Page
9. Bicycles 507
Art. I. In General 507
Art. II. Registration 509
91/2. Boats, Boating and Waterfront Structures 531
Art. I. In General 531
Art. II. Dubuque Dock Board 531
Art. III. Dock Division Manager 534
Art. IV. Boat and Dock Use Regulations 534
10. Buildings and Building Regulations 561
Art. I. In General 561
Art. II. Unsafe Buildings 594
Art. III. Swimming Pools 595
Art. IV. Building Construction, Demolition and
Moving 598
101/2. Civic Center 621
Art. I. In General 621
Art. II. Civic Center Commission 621
11. Civil Defense 649
Art. I. In General 649
Art. II. Joint County -Municipal Administra-
tion 649
111/2. Community Development 671
Art. I. In General 671
Art. II. Community Development Commission 671
Art. III. Reserved 676
Art. IV. Low -Rent Housing 676
Div. 1. Generally 676
Div. 2. Housing Commission 677
Art. V. Industrial Projects 684
12. Elections 719
Art. I. In General 719
Art. II. Precincts 720
Art. III. Wards 734
13. Electricity 771
Art. I. In General 771
Art. II. Electrical Code 771
Div. 1. Generally 771
Supp. No. 22
xvii
DUBUQUE CODE
Chapter Page
Div. 2. Installation Standards and Re-
quirements 773
Div. 3. Building Official and Electrical
Inspector 776
Div. 4. Electrical Appeal Board 777
Div. 5. Permits 779
Div. 6. Enforcement 792.1
Art. III. Registration of Electricians 792.4
Div. 1. Generally 792.4
Div. 2. Examining Board 793
14. Fire Prevention and Protection 843
Art. I. In General 843
Art. II. Fire Department 847
Div. 1. Generally 847
Div. 2. Bureau of Fire Prevention 850
Art. III. Service Stations, Tank Vehicles and
Storage Tanks 851
Div. 1. Generally 851
Div. 2. Service Station Licenses 852
Div. 3. Bulk Storage Tank Licenses 853
15. Flood Damage Control 909
Art. I. In General 909
Art. II. Flood Areas 909
16. Food and Food Handlers 955
Art. I. In General 955
Art. II. Food Service Establishments 955
Art. IP1/2. Food and Beverage Vending Ma-
chines 958
Art. III. Milk and Milk Products 962
Div. 1. Generally 962
Div. 2. Milk Plants 963
Art. IV. Slaughterhouses and Meat -Packing
Plants 964
Div. 1. Generally 964
Div. 2. License 966
Supp. No. 22
Xviii
TABLE OF CONTENTS—Cont'd.
Chapter Page
17. Garbage, Trash and Refuse 1017
Art. I. In General 1017
Art. II. Collection 1018
Div. 1. Generally 1018
Div. 2. City Collection Service 1022
Div. 3. Private Collection Service 1026
Art. III. Disposal 1026.1
Div. 1. Generally 1026.1
Div. 2. Public Landfill Sites 1027
Div. 3. Private Landfill Sites 1030
18. Health and Sanitation 1081
Art. I. In General 1081
Art. II. Ambulances 1082
Div. 1. Generally 1082
Div. 2. Licenses 1087
Div. 3. City -Operated Service 1097
19. Heating, Air Conditioning and Ventilating 1149
191/a . Historical Preservation 1171
20. Housing Regulations 1205
21. Human Relations 1283
Art. I. In General 1283
Art. II. Human Rights Commission 1285
Art. II 1/2 . Human Rights Director 1290
Art. III. Unfair and Discriminatory Practices 1290
Div. 1. Generally 1290
Div. 2. Accommodations or Services 1291
Div. 3. Employment Practices 1292
Div. 4. Housing 1294
Div. 5. Credit 1296
Div. 6. Education 1297
Art. IV. Enforcement of Civil Rights 1298
22. Junk Dealers, Secondhand Dealers and Pawnbrokers 1351
Art. I. In General 1351
Art. II. Licenses 1354
23. Library 1405
Supp. No. 19
xix
DUBUQUE CODE
Chapter Page
24. Licenses and Miscellaneous Business Regulations 1459
Art. I. Occupational Licenses Generally 1459
Art. II. Central Market 1463
Art. III. Fortunetellers, Etc. 1466.1
Art. IV. Going -Out -of -Business Sales 1466.2
Art. V. Rat Control 1468
Art. VI. Commercial Practices 1473
Div. 1. Generally 1473
Div. 2. Weights and Measures 1474
25. Motor Vehicles and Traffic 1527
Art. I. In General 1527
Art. II. Administration and Enforcement 1534
Div. 1. Generally 1534
Div. 2. Traffic -Control Devices 1536
Art. III. Accidents 1540
Art. IV. Noise Control 1542
Art. V. Motor Vehicles 1545
Div. 1. Generally 1545
Div. 2. Equipment 1552
Art. VI. Operation 1566
Div. 1. Generally 1566
Div. 2. Overtaking and Passing 1584.1
Div. 3. Right -of -Way 1585
Div. 4. Speed 1590.11
Art. VII. Pedestrians 1591
Art. VIII. Stopping, Standing and Parking 1593
Div. 1. Generally 1593
Div. 2. Municipal Parking Garages 1602
Div. 3. Municipal Parking Lots 1605
Div. 4. Parking Meters 1609
Div. 5. Restrictions During Snow Removal 1614
Div. 6. Parking Space for the Handicapped 1616
26. Offenses and Miscellaneous Provisions 1667
Art. I. In General 1667
Art. II. Assemblies 1673
Art. III. Blasting 1674
Div. 1. Generally 1674
Div. 2. Permit 1675
Supp. No. 19 XX
TABLE OF CONTENTS—Cont'd.
Chapter Page
Div. 3. Meters 2298
Div. 4. Rates 2301
Art. V. Cable Television 2306
Div. 1. Community Tele -Programming
Commission 2306
Div. 2. Cable Regulatory Commission 2309
Div. 3. Rates 2312
Div. 4. Misappropriation of Cable Services 2321
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. 1. 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
Supp. No. 19
DUBUQUE CODE
Appendix Page
Art. VII. Administration and Enforcement;
Required Permits and Certificates 2624.1
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. 19
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 P/z. 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, 14-82)
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
requiredby 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/x, §§ 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. 18
59
§ 2-20 DUBUQUE CODE § 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.
(a) The compensation for the mayor shall be three thousand
five hundred dollars ($3,500.00) per annum and the compensa-
tion for council members shall be three thousand dollars ($3,000.00)
per annum.
(b) Effective January 1, 1984, the compensation for the mayor
shall be five thousand five hundred dollars ($5,500.00) per annum
and the compensation for council members shall be four thousand
two hundred dollars ($4,200.00) 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;
Ord. No. 20-83, § 1, 4-8-83)
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 publishedin 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
Supp. No. 18
60
§ 2-142 ADMINISTRATION § 2-143
(2) Drafting contracts, etc.: Upon request of the city coun-
cil, formulate drafts for contracts, forms and other
writings which may be required for use of the city.
(3) Keeping records of official opinions and actions in-
volving city: Keep in proper files a record of all official
opinions and a docket or register of all actions prose-
cuted and defended by the legal department, accom-
panied by all proceedings relating to such actions.
(4) Giving opinions on questions of law: Upon request, give
an opinion in writing upon all questions of law relat-
ing to municipal matters submitted to the legal depart-
ment by the city council, the mayor, members of the
city council individually, municipal boards or the head
of any municipal department; make a written report
to the city council and interested department heads of
the defects in all contracts, documents, authorized power
of any city officer, and ordinances submitted to or
coming to the attention of the legal department ; and,
after due examination, offer a written opinion on and
recommend alterations pertaining to contracts involving
the city before they become binding upon the city or are
published.
Preparation of ordinances: Prepare those ordinances
which the city council may direct to be prepared and
report to the city council upon all ordinances before
their final passage and publication.
(6) Supervision of department, appointment of assistant
city attorneys: Be responsible for the overall supervi-
sion of the legal department and, with the approval of
the city council, appoint such assistant city attorneys
as may be necessary to the performance of his duties.
(Ord. No. 23-79, § 1, 4-29-79)
(5)
Sec. 2-143. Appointment of city solicitor, duty to represent
city, city officers or employees in litigation.
(a) The city council shall appoint a city solicitor to assist
the corporation counsel in the performance of his duties, and
Supp. No. 5
75
§. 2-143 DUBUQUE CODE § 2-158
said appointments shall be made upon the nomination and rec-
ommendation of corporation counsel.
(b) The city solicitor shall appear as attorney for the city in
all matters affecting the city's interests before any court,
tribunal, commission or board and shall prosecute and defend
all civil actionsand proceedings, except as the corporation
counsel may otherwise direct. Upon the direction of the city
council and unless the . corporation counsel requires other-
wise, the city solicitor shall appear and defend any municipal
officer or employee against claims arising out of or in the
course of the performance of his or her duties or employ-
ment.
Corporation counsel or the city solicitor shall sign the name
of the city to all appeal bonds or papers of any kind that may
be essential to any suit or appeal, and when [such bonds or
papers are] so signed, the city shall be bound thereby. (Ord.
No. 23-79, § 1, 4-2-79)
Sec. 2-144. Adjustment of claims and payment of expenses of
litigation.
Corporation counsel shall have the power to adjust claims
filed or litigation pending against the city, and to settle the
same in the name of the city, with the approval of the coun-
cil. He shall also have authority to draw orders upon the
treasury for the payment of witness fees, court costs, and
other expenses incidental to litigation in which he appears as
city solicitor, which orders shall be in writing and shall state
the name of the payee, the name of the action, and the pur-
pose for which the money is paid, [and] which orders, when
countersigned by the auditor, shall be paid by the treasurer.
At the first [council] meeting in each month, the city solicitor
shall present to the council a written report of all orders drawn
by him during the preceding months, which report shall state
the amount of such orders, the name of the payee, the name
of the action in which the same was paid, and the purpose for
which paid. (Ord. No. 23-79, § 1, 4-2-79)
Secs. 2-145-2-158. Reserved.
Supp. No. 5
76
§ 2-159 ADMINISTRATION § 2-165
DIVISION 6. CITY TREASURER
Sec. 2-159. Duties generally.
The duties of the treasurer shall be as provided in this
division.
Sec. 2-160. Fund records to be kept separate.
The city treasurer shall keep the record of each fund
separate.
Sec. 2-161. Receipt records.
The city treasurer shall keep an accurate record of all
money or securities received by him on behalf of the
municipality and specify date, from whom, and for what
purpose received.
Sec. 2-162. Preparation of receipts.
The city treasurer shall prepare a receipt in triplicate for
all funds received. He shall give the original to the party
delivering the funds, send the duplicate to the clerk, and
retain the triplicate.
Sec. 2-163. Account of disbursements, etc.
The city treasurer shall keep an accurate account of all
disbursements, money or property, specifying date, to
whom, and from what fund paid.
Sec. 2-164. Special assessments accounts.
The city treasurer shall keep a separate account of all
money received by him from special assessments.
Sec. 2-165. Disposition of receipts.
The city treasurer shall, immediately upon receipt of
monies to be held in his custody and belonging to the city,
deposit the same in banks selected by the city council in
amounts not exceeding monetary limits authorized by the
city council.
Supp. No. 7
77
§ 2-166 DUBUQUE CODE § 2-171
Secs. 2-166-2-168. Reserved.
DIVISION 7. DIRECTOR OF PUBLIC WORKS*
Sec. 2-169. Office created; responsibilities generally.
(a) There is hereby created the office of director of public
works of the city.
(b) Said office shall be charged with the responsibility for
construction and operation of public works, and shall have
the responsibility for directing the activities of several
divisions comprising the public works department includ-
ing:
(1) Engineering;
(2) Public docks;
(3) Public parking;
(4) Street;
(5) Wastewater treatment;
(6) Water system.
(Ord. No. 31-76, § 1, 7-6-76; Ord. No. 81-79, § 1, 12-17-79;
Ord. No. 13-80, § 1, 3-11-80)
Sec. 2-170. Qualifications.
The director of public works must be a person competent
in public works with extensive knowledge of public works
administration, design, construction and maintenance of
streets, sewers and other public works facilities and
services. (Ord. No. 31-76, § 2, 7-6-76)
Sec. 2-171. Appointment; term of office.
The city manager shall appoint a competent person to fill
the office of director of public works. This person shall hold
*Editor's note—Ord. No. 31-76, §§ 1-3, adopted July 6, 1976, did not
specifically amend the Code; thence, inclusion herein as Div. 7 of Art. III,
§§ 2-169-2-171, is at the discretion of the editor.
Cross references—Boats, boating, docks and waterfront, Ch. 91/2;
garbage, trash and refuse, Ch. 17; streets, sidewalks and public places, Ch.
33; utilities, Ch. 36.
Supp. No. 7
78
§ 2-171 ADMINISTRATION § 2-178
said office during the pleasure of the city manager. (Ord.
No. 31-76, § 3, 7-6-76)
DIVISION 8. DIRECTOR OF COMMUNITY
DEVELOPMENT*
Sec. 2-172. Office created; responsibilities generally.
(a) Effective July 1, 1980, there is hereby created the office
of director of community development of the city.
(b) Said office shall have the responsibility for directing
the activities of several divisions comprising the community
development department, including:
(1) Building inspection services;
(2) Policy and program development;
(3) Community development block grant administration;
(4) Development administration;
(5) Health services;
(6) Housing services.
(Ord. No. 12-80, § 1, 3-11-80)
Secs. 2-173-2-177. Reserved.
ARTICLE IV. CIVIL SERVICE COMMISSION'
Sec. 2-178. Applicability; provisions to comply with statutes.
The provisions of this article shall apply to those persons
enumerated in Iowa Code section 400.6 and shall be in accord-
ance with the laws of the state.
*Editor's note—Ord. No. 12-80, § 1, adopted March 11, 1980, amended
this Code by adding Div. 8 of Art. III of Ch. 2, consisting of § 2-172.
Cross references—Buildings and building regulations, Ch. 10; commu-
nity development generally, Ch. 11'/2 ; meetings secretary, administrative
head for community development commission, § 11'A -17; electricity, Ch. 13;
health and sanitation, Ch. 18; heating, air conditioning and ventilating,
Ch. 19; housing regulations, Ch. 20; plumbing, Ch. 30.
tState law reference—Civil service, I.C.A. § 400.1 et seq.
Supp. No. 12
78.1
§ 2-179
DUBUQUE CODE § 2-182
Sec. 2-179. Created.
A civil service commission is hereby created under and in accor-
dance with the provisions of Chapter 400 of the Code of Iowa. (Ord.
No. 104, § 1, 8-12-21; Ord. No. 69-81, § 1, 12-7-81)
Sec. 2-180. Qualifications generally.
The civil service commissioners must be citizens of Iowa, eligible
electors as defined in Chapter 39 of the Code of Iowa, and residents
of the city for more than five (5) years preceding their appointment,
and shall not, while on the commission, hold or be a candidate for
any office of public trust. (Ord. No. 104, § 1, 8-12-21; Ord. No. 69-81,
§ 1, 12-7-81)
Sec. 2-181. Appointment; term.
The mayor, with the approval of the council, shall appoint
three (3) civil service commissioners who shall hold office,
one (1) until the first Monday in April of the second year,
one (1) until the first Monday in April of the fourth year,
and one (1) until the first Monday in April of the sixth year,
after such appointment, whose successors shall be appointed
for a term of six (6) years. (Ord. No. 104, § 1, 8-12-21)
Sec. 2-182. Compensation.
The civil service commissioners shall serve without com-
pensation. (Ord. No. 104, § 1, 8-12-21)
Supp. No. 12
78.2
§ 7-16 ANIMALS AND FOWL § 7-19
(3) It is accompanied by or at heel beside and obedient td
commands of its owner or a competent person.
(f) "Kennel" shall refer to a place or establishment where dogs
or cats are kept or raised for the purpose of breeding, board-
ing, exchange or offered for sale to the general public and
which are kept under constant restraint.
(g) "Nuisance." A dog or cat shall be considered a nuisance if it:
(1) Damages, soils, defiles or defecates on private property
other than the owner's or on public walks and recreation
areas unless such waste is immediately removed and
properly disposed of by the owner.
(2) Causes unsanitary, dangerous or offensive conditions.
(3) Causes a disturbance by excessive barking or other noise -
making or chases vehicles, or molests, attacks or inter-
feres with persons or other domestic animals on public
property.
(h) "Vicious animal." A vicious cat or dog is deemed so when it
shall have attacked or bitten any person (without provoca-
tion), or when the propensity to attack or bite persons shall
exist and such propensity is known or ought recently [rea-
sonably] be known to the owner thereof. (Ord. No. 11-82, § 1,
3-11-82)
Sec. 7-17. Harboring a vicious dog or cat.
It shall be unlawful for any person or persons to harbor or keep a
vicious dog or cat within the city. (Ord. No. 11-82, § 1, 3-11-82)
Sec. 7-18. Nuisance.
It shall be unlawful for any person to permit a dog or cat under his
or her control or within his or her custody to commit a nuisance.
(Ord. No. 11-82, § 1, 3-11-82)
Sec. 7-19. Female dogs in season.
It shall be unlawful for any owner to allow a female dog in season
to run at large or to so confine her as to attract male dogs to the area
and by their presence cause a nuisance. (Ord. No. 11-82, § 1, 3-11-82)
Supp. No. 13
397
§ 7-20 DUBUQUE CODE § 7-23
Sec. 7-20. City manager's authority.
The city manager is hereby authorized to contract from year to
year with any "pound" or "animal shelter" as defined by Section
162.2 of the Code of Iowa for carrying out the provisions of this
article including the collection, protection and disposition of dogs
cats and other animals and the collection of fees for licensing and
care of seized and impounded dogs and cats. (Ord. No. 11-82, § 1,
3-11-82)
Sec. 7-21. Impoundment.
Any unlicensed dog or cat except kennel dogs or cats and any
licensed dog or cat found at large shall be subject to seizure and
impoundment in a place provided by the city. (Ord. No. 11-82, § 1,
3-11-82)
Sec. 7-22. Notice to owners of licensed dogs or cats.
Whenever any licensed dog or cat has been seized or impounded
pursuant to this article, notice of such action shall be given by
United States ordinary mail to the owner as shown by the licensing
records in the city clerk's office. (Ord. No. 11-82, § 1, 3-11-82)
Sec. 7-23. Redemption.
(a) Except as otherwise provided, the possession of any licensed
dog or cat seized or impounded pursuant to this article may be
obtained by the owner by paying the sum of six dollars ($6.00) plus
the daily fee for keeping such a dog or cat each day or fraction
thereof during the time that such dog or cat is impounded.
Upon a second impoundment of the same animal within three
hundred sixty-five (365) days, an impoundment charge of ten dol-
lars ($10.00) will be assessed, plus the daily fee for keeping such dog
or cat each day or fraction thereof during the time which said dog or
cat is impounded.
(b) Upon proper identification the possession of any unlicensed
dog or cat seized or impounded pursuant to this article may be
obtained by the owner only after paying the license fee in addition
to the charges above for impounding of licensed dogs or cats. (Ord.
No. 11-82, § 1, 3-11-82)
Supp. No. 13
398
Chapter 91/2
BOATS, BOATING AND WATERFRONT
STRUCTURES*
Art. I. In General, §§ 91,E-1-91/2-4
Art. II. Dubuque Dock Board, §§ 91/2-5-91/2-11
Art. III. Dock Division Manager, §§ 91/2-12-91/2-14
Art. IV. Boat and Dock Use Regulations, §§ 91/2-15-91/-32
ARTICLE I. IN GENERAL
Sec. 91-1. Intent.
The city council desires to optimize the use of waterfront prop-
erty through careful management of land and the effective main-
tenance of water frontage and harbors to maintain and enhance
the aesthetic characteristics of the waterfront. (Ord. No. 39-83, §
1, 8-1-83)
Secs. 91/2-2-91/2-4. Reserved.
ARTICLE II. DUBUQUE DOCK BOARD
Sec. 91/2-5. Established.
The city council hereby establishes a board to be known as the
Dubuque Dock Board and which board shall exist and continue to
exist at the pleasure of the council and shall serve without com-
pensation. (Ord. No. 39-83, § 1, 8-1-83)
*Editor's note—Ord. No. 39-83, § 1, adopted Aug. 1, 1983, repealed Ch. 91/2,§§
91-1-91/2-16 and 91/2-31-91/2-33, relative to boats, boating, docks, etc., and in lieu
thereof enacted a new Ch. 91/2, Arts. I—IV as herein set out. The repealed provi-
sions derived from the following legislation:
Ord. No. Date Ord. No. Date
181 11-15-26 7-76 3- 1-76
41-57 6- 3-57 80-79 12-12-79
14-73 3-26-73 28-80 4-21-80
Supp. No. 19
531
§ 91/2-6 DUBUQUE CODE § 91/2-7
Sec. 91/2-6. Purposes and duties.
The dock board shall have the following purposes and duties:
(1) To promote development of waterfront areas balancing in-
dustrial needs of the city with public demands and needs
for commercial and waterfront recreational areas and facilities.
(2) To recommend to city council policies and regulations gov-
erning use of municipal waterfront property described as
that part of the streets and alleys and public grounds of
the city which abuts upon or intersects its navigable wa-
ters lying between the harbor line and the first intersect-
ing street measuring backward from the high water mark
excluding therefrom state highways.
(3) To recommend to city council wharfage fees, land rentals
and other charges for use of water frontage by business
interests.
(4) To recommend to city council a general plan for the or-
derly growth and development of waterfront properties.
(5) To recommend to city council for approval the disposition
and/or acquisition by purchase, lease or otherwise, real
property as may be necessary to fulfill the general plan for
development of the waterfront.
(6) To monitor the use of waterfront properties.
(7) To advise the dock division manager on all matters per-
taining to municipally owned waterfront properties and
riverfront activities.
(8) To advise the city council on any matter relating to the
riverfront. (Ord. No. 39-83, § 1, 8-1-83)
Sec. 91/2-7. Membership; terms; officers.
(a) The board shall consist of five (5) members appointed by the
city council. In its appointments the council shall endeavor to
achieve a broad representation of community public interests
and shall give preference to applicants who are actively inter-
ested in riverfront development. None of the members of the
Supp. No. 19
532
§ 91-7 BOATS, ETC., WATERFRONT STRUCTURES
§ 9'/2-8
board shall at the time of their appointment or during their term
of office, have an interest in or be employed by any common
carrier. All members of the board shall be at the time of their
appointment and during their service on the board, residents of
the city.
(b) The term of each member shall be for three (3) years and
those members of the board as of August 1, 1983 shall continue to
serve in that capacity until the expiration of their terms.
(c) If a vacancy occurs before the expiration of a term, the
appointments shall be for the unexpired portion of that term. If
the council fails to make an appointment upon the expiration of a
term, the incumbent shall continue to serve until a successor
appointment is made.
(d) If any member fails to attend at least two-thirds of the
regularly scheduled board meetings within a twelve-month peri-
od, the board may request the council to declare that member's
seat vacant. Attendance of all members shall be entered upon the
records.
(e) The members shall elect a chairperson and a vice -chairperson
from among themselves at the boards first meeting in December.
(Ord. No. 39-83, § 1, 8-1-83)
Sec. 9%-8. Meetings; procedures.
(a) The members shall meet as needed to conduct the business
of the board but not less frequently than once each calendar
quarter. A quorum of three (3) members shall be required for
members to conduct their business. All meetings of the board
shall conform with applicable open meeting law requirements.
(b) The board may adopt such rules to govern its internal
affairs as it may deem necessary and which are not in conflict
with this article or other resolutions, ordinances or policies of the
city.
(c) The board shall file with the city council a copy of the
minutes of each regular and special meeting within ten (10) days
after such meeting.
Supp. No. 19
533
§ 91/2-8 DUBUQUE CODE § 91/2-15
(d) All administrative, personnel, accounting, budgetary and
procurement policies of the city shall govern the board in all of its
operations. (Ord. No. 39-83, § 1, 8-1-83)
Sec. 91/2-9. Lease negotiations.
The chairperson of the dock commission, the corporation coun-
sel, the dock manager and one member of the dock commission as
appointed by the dock commission shall serve as a body for the
purpose of negotiating leases for property located within that
area set forth in section 91/2-6(2). All such leases shall be subject
to the approval of the city council. (Ord. No. 39-83, § 1, 8-1-83)
Secs. 91/2-10, 91/2-11. Reserved.
ARTICLE III. DOCK DIVISION MANAGER
Sec. 91/2-12. Office of dock division manager.
(a) The office of the dock division manager is hereby created
and who shall be appointed by and serve at the pleasure of the
city manager. The dock board may appoint one of its members to
serve in an advisory capacity to the city manager in the selection
of such manager.
(b) The dock division manager shall provide clerical and sup-
port services under the general supervision of the director of
public works. (Ord. No. 39-83, § 1, 8-1-83)
Secs. 91/2-13, 91/2-14. Reserved.
ARTICLE IV. BOAT AND DOCK USE REGULATIONS
Sec. 91/2-15. Definitions.
[For the purposes of this article:]
Boathouse is defined as any structure, floating house or float-
ing shed of whatever material used in its construction, and which
is used to enclose a boat or boats, for the purposes of housing said
boat or boats.
Supp. No. 19 534
Chapter 17
GARBAGE, TRASH AND REFUSE*
Art. I. In General §§ 17-1-17-15
Art. II. Collection, §§ 17-16-17-53
Div. 1. Generally, §§ 17-16-17-30
Div. 2. City Collection Service, §§ 17-31-17-43
Div. 3. Private Collection Service, §§ 17-44-17-53
Art. III. Disposal, §§ 17-54-17-80
Div. 1. Generally, §§ 17-54-17-62
Div. 2. Public Landfill Sites, §§ 17-63-17-74
Div. 3. Private Landfill Sites, §§ 17-75-17-80
ARTICLE I. IN GENERAL
Sec. 17-1. Burning restrictions.
(a) It shall be unlawful for any person to burn or incinerate
any garbage or refuse within the city except by permission of the
city manager. This section shall apply to all garbage and refuse,
as defined, and shall specifically include all waste paper, boxes,
construction materials, market wastes, garden wastes, trees, tree
limbs, leaves and any and all materials other than materials
used as fuels for a furnace or boiler.
(b) This section shall not apply to any incinerator operated
under a license granted by the city or any incinerator operated by
the city or any burning conducted under the direction of the fire
department for training purposes.
(c) This section shall not apply to outdoor cooking appliances
used for residential recreational purposes using commonly ac-
ceptable fuels. (Ord. No. 4-68, § 10, 2-7-68; Ord. No. 21-82, § 1,
4-12-82)
"Cross references—Director of public works, § 2-169 et seq.; health
and sanitation, Ch. 18; rubbish, storage and garbage disposal in re-
gards to housing, § 20-73; garbage and refuse storage and accumulation
restricted for purposes of rat control, § 24-86; plumbing, Ch. 30; sewers
and sewage disposal, Ch. 36, Art. II.
Supp. No. 14
1017
§ 17-2 DUBUQUE CODE § 17-16
Sec. 17-2. Sale, installation of incinerators restricted.
It shall be unlawful for any person to sell or offer for sale,
or to install or offer to install, any device intended for use as
a garbage or refuse burner or incinerator; except when the
intended user of such a device has secured a license to operate
or use such a device from the city, or when the device will be
operated by or for the city. (Ord. No. 4-68, § 9, 2-7-68)
Sec. 17-3. Special permission to burn landscape wastes.
The city manager may allow the burning of garden wastes,
tree clippings, small brush, leaves and other landscape generated
waste for limited and specific periods. This provision shall apply
only to the burning of such waste on the same premises as such
waste was generated. (Ord. No. 21-82, § 2, 4-12-82)
Sec. 17-4. Air quality considerations for permitted burning.
The city manager may permit periodic open burning pursuant
to section 17-3 when the ambient air quality of the city has met
all air quality standards of the Iowa Department of Environmen-
tal Quality for the preceding six-month period. (Ord. No. 21-82, §
2, 4-12-82)
Sec. 17-5. Cancellation of permitted open burning.
Permitted open burning of landscape generated wastes is sub-
ject to immediate cancellation by the city manager in the event of
unfavorable local weather or atmospheric conditions. (Ord. No.
21-82, § 2, 4-12-82)
Secs. 17-6-17-15. Reserved.
ARTICLE II. COLLECTION*
DIVISION 1. GENERALLY
Sec. 17-16. Definitions.
For the purpose of this article the following definitions
shall apply:
*Editor's note—Ord. No. 53-76, §§ 1-111, adopted Oct. 4, 1976, is
codified herein as superseding former Art. II, pertaining to collection of
Supp. No. 14
1018
§ 17-20 GARBAGE, TRASH AND REFUSE
§ 17-22
(b) It shall be unlawful for any person to accumulate quan-
tities of refuse, papers, trash, ashes or other waste materials
within or close to any building in the city, unless the same is
stored in containers in such a manner as not to create a
health or fire hazard. (Ord. No. 53-76, §§ 8, 9, 10-4-76)
Sec. 17-21. Hazardous materials not collected by city; trans-
port by owner required; enumeration.
(a) No person, firm or corporation shall deposit in a gar-
bage or refuse container or otherwise offer for city collection
any hazardous garbage, refuse or waste.
(b) Hazardous materials shall be transported by the owner,
responsible person or his agent, to a place of safe deposit or
disposal as permitted by city, state or federal regulations.
(c) Hazardous materials shall include explosive materials;
rags or other waste soaked in volatile and inflammable ma-
terials ; drugs ; poisons ; radioactive materials ; motion picture
film and similar highly combustible materials ; soiled dressings,
clothing, bedding and/or other wastes, contaminated by in-
fection or contagious disease ; and other materials which may
present a special hazard to collection or disposal personnel or
equipment or to the public. (Ord. No. 53-76, § 13, 10-4-76)
Sec. 17-22. Requirements for vehicles hauling refuse.
(a) No person, firm or corporation shall haul any garbage
or refuse upon the streets, alleys or public places of the city
unless the same shall be in approved containers, securely
fastened to prevent spillage, or in a totally enclosed, water-
tight vehicle. If, however, the material is dry -type material, it
may be hauled in a totally enclosed vehicle, or in an open
vehicle which is covered with a suitable tight -fitting canvas
tarpaulin or similar cover to prevent spillage.
(b) Licensed collectors who collect and haul garbage and/or
refuse shall haul these materials only in totally enclosed,
watertight vehicles or totally enclosed vehicles with water-
tight containers. All vehicles used for the collection and re -
Supp. No. 5
1021
§ 17-22 DUBUQUE CODE § 17-32
moval of garbage and refuse shall be kept in a clean, inof-
fensive, and sanitary condition. All garbage and refuse shall
be handled in such a way as to prevent the scattering, spilling
or leakage of same. (Ord. No. 53-76, § 11, 10-4-76)
Sec. 17-23. Transport to city -approved dumping areas re-
quired.
No person, firm or corporation shall haul or cause to be
hauled any garbage, refuse, or other waste material of any
kind, to any dumping place, or site area within the corpor-
ate limits of the city or within any distance of the corporate
limitsof the city over which the city has legal jurisdiction,
unless such place, site or area is first approved by the city
council. (Ord. No. 53-76, § 12, 10-4-76)
Secs. 17-24- 17-30. Reserved.
DIVISION- 2. CITY COLLECTION SERVICE
Sec. 17-31. City manager's authority generally.
The city manager is hereby authorized and directed to em-
ploy city -owned vehicles and equipment and the necessary
operating personnel to collect garbage and refuse and to col-
lect fees and administer the program as provided for in this
article in the city, upon the terms and conditions of this divi-
sion. (Ord. No. 53-76, § 2, 10-4-76)
Cross references—Authority of city manager to proclaim a period
when leaves may be placed in street rights-of-way for collection, §
17-17; authority to prepare, change or amend collection schedules, §
17-33.
Sec. 17-32. Availability of collection service.
(a) Class I premises. City garbage and refuse collection
from residential premises as defined in section 17-16 shall be
mandatory.
(b) Class II premises. 'Commercial and business premises
not now serviced by city garbage and refuse collection serv-
Supp. No. 5
1022
§ 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. 18
1023
§ 17-35 DUBUQUE CODE § 17-36
week for each clans 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 income of seven
thousand seven hundred eighty-five dollars ($7,785.00) or
less, may, upon application, be exempted from one-half the
established collection charge. Subsequent to initial appli-
cation and eligibility, 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. 18
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; Ord. No. 35-83, § 1, 7-18-83)
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. 18
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. 18
1026
§ 17-45 GARBAGE, TRASH AND REFUSE
§ 17-54
fee of twenty-five dollars ($25.00) per year for each vehicle
engaged in such business to be paid at the office of the city
treasurer. (Ord. No. 53-76, § 10, 10-4-76)
Sec. 17-46. Same—Display of license number on ve-
hicle.
All vehicles licensed under this division shall prominently
display the license number on the left and right sides of the
vehicle in letters not less than three (3) inches high. (Ord.
No. 53-76, § 10, 10-4-76)
Secs. 17-47-17-53. Reserved.
ARTICLE III. DISPOSAL
DIVISION 1. GENERALLY
Sec. 17-54. Definitions.
For the purpose of this article the following defnitions
shall apply:
City shall mean the city and shall include all land within
the corporate limits of the city and all land beyond the
corporate limits over which the city has legal jurisdiction. It
shall also mean its officers, officials, or representatives.
Health officer shall mean a representative of the board of
health of the city.
Garbage shall mean any and all refuse from food
incidental to its preparation or use for human consumption.
Refuse shall mean any and all solid waste from the
community. (Ord. No. 4-68, § 1, 2-7-68)
Cross reference—Rules of construction and definitions generally, § 1-2.
Supp. No. 9
1026.1
§ 17-55 GARBAGE, TRASH AND REFUSE
§ 17-64
Sec. 17-55. Disposal at other than landfill sites prohibited;
exception.
No person shall permanently dispose of garbage or refuse
of any kind upon any land unless such land has been desig-
nated a public landfill site or a licensed private landfill site;
provided, however, that the prohibition contained in this sec-
tion shall not apply to the deposit of inert wastes, not poten-
tially injurious to health or public welfare where permission
to make such a deposit has been obtained from the owner
or responsible agent nor to the filling in or grading of prop-
erty with earth, mud, ashes or similar materials. (Ord. No.
4-68, § 3, 2-7-68)
Sec. 17-56. Disposal at landfill sites to be in compliance with
instructions.
No person shall deposit any garbage or refuse at any li-
censed private or public landfill site, except in compliance with
posted instructions or instructions of an attendant in charge.
(Ord. No. 4-68, § 4, 2-7-68)
Secs. 17-57-17-62. Reserved.
DIVISION 2. PUBLIC LANDFILL SITES
Sec. 17-63. City manager's authority generally.
The city manager is hereby authorized and directed to em-
ploy city -owned vehicles and equipment, and the necessary
operating personnel and to provide proper facilities and opera-
tors to operate and maintain one or more public sanitary
landfill disposal sites for the disposal of garbage and refuse
from the dwellings and business places in the city upon the
terms and conditions of this division. (Ord. No. 4-68, § 2,
2-7-68)
Sec. 17-64. Areas.
(a) The site or sites to be used for public landfill sites shall
be the city -owned island located at the east end of Sixteenth
1027
§ 17-64 DUBUQUE CODE § 17-66
Street and the Mississippi River, or other land which has been
or may subsequently be provided or designated for use as a
landfill site by ordinance of the city.
(b) The city manager is hereby authorized and empowered
to open or close or use any or all of the sites as he in his
discretion shall deem necessary, and to formulate, publish and
enforce regulations for the use of such sites within the scope
of this article. (Ord. No. 4-68, § 2, 2-7-68)i
Sec. 17-65. Operation in safe, sanitary condition required.
(a) The public sanitary landfill disposal sites shall be oper-
ated in a manner which will assure sanitary and safe condi-
tions at all times. Garbage and refuse shall be compacted and
covered with earth or similar inert material at the end of
each day in which any garbage or refuse is deposited. Rodents
and insects shall be controlled. Control shall be exercised over
the disposal activity to maintain the site and vicinity free
from litter and other public nuisance. Burning of refuse of
any kind shall be prohibited except in special circumstances
such as the burning of Christmas trees, and similar material,
when such burning shall be under the direction and control
of the fire department of the city.
(b) The operation of the disposal sites shall comply with
all regulations of all local, state, county or federal agencies,
which may have jurisdiction over such operation. (Ord. No.
4-68, § 2, 2-7-68)
Sec. 17-66. Hours of operation.
The public sanitary landfill disposal sites shall normally be
open to the public on such days and hours as the city council
may designate by resolution; however, the city manager is
authorized and empowered to alter the days and hours so
scheduled at his discretion as he shall deem necessary to
satisfy unusual conditions or emergencies. (Ord. No. 4-68, § 2,
2-7-68)
1028
§ 17-67 GARBAGE, TRASH AND REFUSE
Sec. 17-67. Exclusion of certain materials.
§ 17-68
Certain materials shall be excluded from those refuse mate-
rials which may be deposited at a public landfill site. These
excluded materials shall include junk automobile bodies and
similar bulky objects, which may require special processing
prior to disposal; trees and tree limbs, unless they have been
cut into pieces not exceeding six (6) feet in length; burning
materials or materials containing hot or live coals; hazardous
materials; and other materials which the city manager may
at his discretion deem necessary to exclude; however, hazard-
ous materials may be deposited upon the receipt of written
permission of a responsible official or attendant and subject
to any special instruction issued with said permission. Hazard-
ous materials shall include: explosive materials, materials con-
taminated by infectious or contagious disease, fly ash or other
fine or powdery material, and other material which may pre-
sent a special hazard to disposal personnel, equipment or to
the public. (Ord. No. 4-68, § 5, 2-7-68)
Sec. 17-68. Fees.
(a) No person shall use, or be permitted to use, any public
sanitary landfill disposal site or disposal facility operated by
or for the city except upon the payment of a fee for such
use. Any revenues, derived from such fees shall be deposited
in a fund which shall be known as the "Garbage and Refuse
Disposal Fund." This fund shall be used to pay direct and
indirect costs arising out of the ownership or operation of
garbage and refuse disposal facilities.
(b) The schedule of fees shall be as follows:
(1) Vehicles with solid inert waste suitable for cover mate-
rial, free;
(2) Passenger cars and non-commercial station wagons,
free;
(3) Vehicles owned by city park department, city water
department and other city owned vehicles designated
by the city manager, free;
1029
§ 17-68 DUBUQUE CODE § 17-75
(4) Commercial station wagons, fifty cents ($0.50) ;
(5) Trucks with rated capacity of less than three (3) tons,
fifty cents ($0.50);
(6) Trucks with rated capacity of three (3) to five (5)
tons, inclusive, two dollars ($2.00) ;
Trucks with rated capacity of six (6) to ten (10) tons,
inclusive, three dollars ($3.00) ;
Trucks with rated capacity of eleven (11) to twenty
(20) tons, inclusive, six dollars ($6.00) ;
Trucks with rated capacity over twenty (20) tons, fif-
teen dollars ($15.00).
(c) In lieu of the schedule of fees contained herein, the
city manager is authorized to issue a permit for the use of
public sanitary landfill sites by any person upon the payment
of a lump sum amount for quarterly or annual use. The pay-
ment shall be equal to the amount which the city manager
may estimate to be equal to the fees which would have been
paid had individual fees been paid for each use. He is also
authorized to issue coupons or tickets which may be purchased
in advance for later use of the sites.
(d) Where, in the judgment of the city council, special con-
ditions exist surrounding the use of a public sanitary landfill
site, the application of the fees charged for the use of such
a site would be inequitable and unfair either to the city or
to the user, the city council may establish a special fee apply-
ing to such users. Such special fees when adopted by ordi-
nance of the city council shall apply to all users of the site
under like conditions. (Ord. No. 4-68, § 12, 2-7-68; Ord. No.
67-70, § 1, 12-14-70)
(7)
(8)
(9)
Secs. 17-69-17-74. Reserved.
DIVISION 3. PRIVATE LANDFILL SITES
Sec. 17-75. License—Required.
No person shall operate or permit the operation of a private
landfill for the disposal of garbage or refuse of any kind from
1030
§ 17-75 GARBAGE, TRASH AND REFUSE
§ 17-78
any source unless he shall have first applied for and received
a license to do so from the city manager. (Ord. No. 4-68, § 7,
2-7-68)
Cross reference—Licenses and miscellaneous business regulations,
Ch. 24.
Sec. 17-76. Same—Application.
Applications for the license required by this division shall
set forth how the landfill shall be operated and shall include
in part: a topographic map of the parcel of land to be used
showing location, drainage, fencing and access; plans or other
suitable evidence of adequate fire protection and provision for
control of rodents, insects and litter; agreement to operate
the disposal area as a sanitary landfill only; description of
method of filling, equipment to be used; source of earth or
other suitable cover; agreement to compact and completely
cover all garbage and refuse deposited each day, to allow no
burning of any material whatsoever, and to promptly extin-
guish any fires or combustion which may accidently occur or
be started by others; agreement to maintain the landfill site
and the vicinity in a safe and sanitary manner, to allow no
public nuisance, and to provide a responsible person who will
be in constant attendance during the hours of active opera-
tion; agreement to operate the landfill in accordance with all
local, county, state and federal regulations and to permit
access to the landfill site by any health officer or govern-
mental representative or agent who may have jurisdiction for
the purposes of inspection. (Ord. No. 4-68, § 6, 2-7-68)
Sec. 17-77. Same—Fees.
An annual license fee of one hundred dollars ($100.00) shall
be paid for each location at which a private landfill is con-
ducted. (Ord. No. 4-68, § 6, 2-7-68)
Sec. 17-78. Same—Issuance.
The issuance of the license required by this division shall
be in the manner prescribed and subject to the terms of article
I of chapter 24 of this Code. (Ord. No. 4-68, § 6, 2-7-68)
1031
§ 17-79 DUBUQUE CODE § 17-80
Sec. 17-79. Correction of objectionable conditions by city after
notice to owner; collection of costs.
If any private landfill operation is found to be conducted
in a way detrimental to the health and welfare of the public,
or contrary to provisions of this article, the city shall notify
the operator in writing of the objectionable conditions and
give him a reasonable time to correct such conditions. After
proper notice, the city is authorized, in addition to any other
means available, to enter upon the premises and use any of
the city forces and equipment, or those of the landfill opera-
tor, or hire forces and equipment, to correct the objectionable
conditions. The same shall be considered of benefit to the
owner of the land and the cost of such corrective action shall
be chargeable to the owner, and if not paid, shall constitute
a lien upon the premises and shall be collected in the same
manner as taxes, as provided by law. (Ord. No. 4-68, § 7,
2-7-68)
Sec. 17-80. Use charges prohibited; exception.
(a) It shall be unlawful for any person to receive payment
of any kind or request payment of any kind for the disposal
of any garbage or refuse at a private licensed sanitary landfill
site.
(b) The charging of a fee for the collection and disposal
of any garbage or refuse from a customer by a private refuse
collector, shall not be construed as a violation of this section
since the disposal is considered to be incidental to the total
collection and disposal service; provided, however, such collec-
tion and disposal shall be conducted entirely by forces and
with equipment owned or operated by the private refuse
collector. (Ord. No. 4-68, § 8, 2-7-68)
[The next page is 1083]
1032 /A$1
§ 20-2 HOUSING REGULATIONS § 20-2
(a) Private dwelling or single-family dwelling: A building
with but one dwelling unit occupied, or intended to be
occupied.
(b) Duplex: A duplex is any building having two (2)
dwelling units, each dwelling unit occupied, or
intended to be occupied, by one or more persons living
together as individuals or as a family; and is not a
building with mixed occupancy.
(c) Multiple dwelling is any building with three (3) or
more dwelling units, and shall include multiple
dwellings of Class A and Class B, rooming houses,
dormitories, convents, etc.
Classes of multiple dwellings. All multiple dwellings
are for the purposes of this chapter divided into
classes, viz: Class A and Class B.
Class A. Multiple dwellings of Class A are
dwellings which are occupied more or less
permanently for residence purposes by several
families and in which the rooms are occupied
in apartments, suites, or groups.
Class B. Multiple dwellings of Class B are
dwellings which are occupied, as a rule
transiently, as the more or less temporary
abiding place of individuals who are lodged or
roomed, with or without meals, and in which
as a rule the rooms are occupied singly.
(d) Mixed occupancy means a space occupied by more
than one occupancy classification, such as residential,
office, commercial, institutional, light industrial, or
heavy industrial.
Dwelling unit shall mean any room or group of rooms
forming a single private quarters for human living and/or
sleeping purposes, providing private sanitation, cooking and
eating facilities.
Egress shall mean an arrangement of exit facilities to
assure a means of exit from buildings. (See "Exit")
Supp. No. 8
1209
§ 20-2 DUBUQUE CODE § 20-2
Electrical code is that electrical code adopted and
amended by Chapter 13 of the Code of Ordinances of the
City of Dubuque.
Exit is a continuous and unobstructed means of egress to
a public way.
Extermination shall mean the control and elimination of
insects, rodents, or other pests.
Fire code is that fire code adopted by Chapter 14 of the
Code of Ordinances of the City of Dubuque.
Floor area shall mean the net floor area within the
enclosing walls of the room excluding built-in equipment
such as wardrobes, cabinets, kitchen units or fixtures.
Flush water closet shall mean a toilet bowl which is
flushed with water under pressure.
Garbage shall mean animal and vegetable waste.
Grade shall mean the finished ground level adjacent to a
required window.
Habitable room shall mean a room or enclosed floor space
used or intended to be used for living, sleeping, cooking, or
eating purposes.
Health officer is the duly deputized officer for the purposes
of administering and enforcing the provisions of Chapter 20
of the Code of Ordinances of the City of Dubuque, Iowa.
Heating device shall mean all furnaces, unit heaters,
domestic incinerators, cooking and heating stoves and
ranges, and other similar devices.
Hot water shall be water at a temperature of not less than
one hundred twenty (120) degrees Fahrenheit or forty-nine
(49) degrees Celsius.
Hotel is any building containing six (6) or more guest
rooms intended or designed to be used, or which are used,
rented or hired out to be occupied, or which are occupied for
sleeping purposes by guests. (See "Dwelling classification")
Supp. No. 8
1210
§ 20-2
HOUSING REGULATIONS § 20-3
location, occupancy and maintenance of all buildings and
structures and building service equipment as herein defined,
and shall apply to existing or proposed buildings and
structures.
Temporary housing shall mean any tent, trailer, mobile
home or any other structure used for human shelter, which
is designed to be transportable and which is not attached to
the ground or to another structure.
Toxic substance shall mean any chemical product
applied on the surface of or incorporated into any structural
or decorative material which constitutes a potential hazard
to human health at acute or chronic exposure levels.
Unfit dwelling shall be any dwelling, dwelling unit,
rooming house or rooming unit which is unfit for human
habitation.
Variance shall mean a difference between that which is
required or specified and that which is permitted. (Ord. No.
71-80, 12-22-80)
Sec. 20-3. Organization and enforcement.
20-3.01. Authority, powers and duties of health officer.
(a) Creation of housing division. There is hereby recreated
the Housing Services Division in the Community Develop-
ment Department of the City of Dubuque Government which
shall be under the administration and operational control of
the health officer who is hereby authorized and directed to
administer and enforce all provisions of this code and is
hereinafter referred to as the "health officer" or the
"authority having jurisdiction." For such duties the health
officer and his deputies and assistants shall have the
powers of law enforcement and police officer.
(b) Deputies. In accordance with the prescribed procedures
and with the approval of the appointing authority, the
health officer may appoint such number of officers,
inspectors, and assistants, and other department employees
as shall be authorized from time to time. The health officer
Supp• No.
1215
§ 20-3 DUBUQUE CODE § 20-3
may deputize such employees as may be necessary to carry
out the functions of the health department.
(c) Right of entry. Whenever necessary to make an
inspection to enforce any of the provisions of this code, or
whenever the health officer or his authorized representative
has reasonable cause to believe that there exists in any
building or upon any premises or vacant lot any condition
or code violation which makes such building, premises, or
vacant lot hazardous, the health officer or his authorized
representative may enter such building, premises, or vacant
lot at all reasonable times to inspect the same or to perform
any duty imposed upon the health officer by this code;
provided that if such building or premises be occupied, he
shall first present proper credentials and ask entry; and if
such building or premises be unoccupied, he shall first make
a reasonable effort to locate the owner or other persons
having charge or control of the building or premises and ask
entry. If such entry is refused, the health officer or his
authorized representative shall have recourse to every
remedy provided by law to secure entry. No owner or
occupant or any other person having charge, care or control
of any building or premises shall fail or neglect, after proper
demand is made as herein provided, to promptly permit
entry therein by the health officer or his authorized
representative for the purpose of inspection and examination
pursuant to this code.
(d) Stop orders. Whenever any work is being done
contrary to the provisions of this code, the health officer
may order the work stopped and any such persons shall
forthwith stop such work until authorized by the proper
authority to proceed with the work.
(e) Authority to order disconnection of utilities. The health
officer or his authorized representative shall have the
authority to order disconnection of any fuel gas utility,
energy supplied to a building, structure or equipment
regulated by this code when he ascertains that the
equipment has become hazardous or unhealthy. Written
notice of such order to disconnect services and the causes
Supp. No. 8
1216
§ 21-1 HUMAN RELATIONS § 21-19
of this chapter. (Ord. No. 61-71, § 100, 12-6-71; Ord. No.
22-77, § 1, 4-18-77)
Cross reference—Rules of construction and definitions generally, § 1-2.
Secs. 21-2-21-15. Reserved.
ARTICLE II. HUMAN RIGHTS COMMISSION
Sec. 21-16. Created.
There is hereby created a human rights commission.
Sec. 21-17. Composition.
The commission created by this article shall consist of
nine (9) members. (Ord. No. 69-71, § 101, 12-6-71)
Sec. 21-18. Appointment; terms; filling of vacancies.
Human rights commission members shall be appointed by the
city council for terms of three (3) years each and shall serve
thereafter until a successor has been appointed. Vacancies shall
be filled for the remainder of the unexpired term. Appointments
shall take into consideration the various racial, religious, cul-
tural and social groups in the city. (Ord. No. 61-71, § 101, 12-6-71;
Ord. No. 50-83, § 1, 9-26-83)
Sec. 21-19. Officers.
The commission created by this article shall elect from its
own membership at its regular January meeting its
chairman and vice-chairman each to serve for a term of one
year. It shall, at its regular January meeting, elect a
secretary, who may be, but need not be, a member of the
commission. The commission shall fill vacancies among its
officers for the remainder of the unexpired term. (Ord. No.
61-71, § 103, 12-6-71)
Supp. No. 19
1285
§ 21-20 DUBUQUE CODE § 21-23
Sec. 21-20. Compensation.
The members of the commission created by this article
shall serve without compensation; provided, that, they may
receive reimbursement for necessary travel, and other
expenses while on official commission business, and such
shall be within the limits established in the city budget.
(Ord. No. 61-71, § 102, 12-6-71; Ord. No. 4-73, § 2, 1-29-73)
Sec. 21-21. Removal of members for unexcused ab-
sences.
In the event a member of the commission created by this
article has been absent for three (3) or more consecutive
meetings without being excused by the chairman, the
commission by majority vote may certify such fact to the
city council and petition the city council to declare a
vacancy by reason of such unexcused absence and appoint a
successor to fill such vacancy. (Ord. No. 61-71, § 102,
12-6-71; Ord. No. 4-73, § 2, 1-29-73)
Sec. 21-22. Rules.
The commission created by this article may adopt,
amend, or rescind such rules as may be necessary for the
conduct of its business. (Ord. No. 61-71, § 104, 12-6-71)
Sec. 21-23. Meetings.
(a) The commission shall meet not less than monthly on a
regular basis.
(b) The chairman, the vice-chairman, or any three (3)
members of the commission may call a special meeting by
giving at least one (1) clear day notice to every member of
the commission. The call for a special meeting shall include
an agenda, and only matters included in that agenda may
be discussed at the meeting.
(c) All meetings of the commission shall be held in
conformance with the Iowa Open Meetings Law.
Supp. No. 19
1286
§ 25-209 MOTOR VEHICLES AND 'TRAFFIC § 25-210
Primrose Street, from the north property line of Kane
Street to the south property line of Davenport Street.
Radford Road, from its southerly terminus at the city
limits to Pennsylvania Avenue, and from Pennsylvania
Avenue to its northerly terminus at the city limits. (Ord.
No. 25-81, § 1, 5-18-81)
Rhomberg . Avenue, from the east property line of Elm
Street to the west property line of Lincoln Avenue.
Shiras Avenue, from the north property line of Rhomber
Avenue to the Eagle Point Park exit.
University Avenue, from the north property line of Eighth
Avenue to the east property line of North Grandview
Avenue, and from the west property line of North Grand-
view Avenue to the east property line of Asbury Road,
and from the west property line of Asbury Road to the
John F. Kennedy Road.
White Street, from the north line of East Fourth Street to
the south line of East Twenty-second Street.
Windsor Avenue, from the north property line of
Rhomberg Avenue to the south property line of Davis
Avenue.
(Ord. No. 33-49, § 12.3, 9-6-49; Ord. No. 45-59, § 3, 9-8-59; Ord.
No. 41-77, § 1, 6-20-77; Ord. No. 52-77, § 1, 7-18-77; Ord. No.
25-81, § 1, 5-18-81; Ord. No. 15-82, § 1, 4-7-82)
Editor's note—The street schedule set forth in § 25-209(b) is derived
from Ord. No. 41-77, § 1, adopted June 20, 1977, as amended from time to
time. Subsequent ordinances amending said street schedule by adding or
revising the provisions thereof are indicated in the history note following
the provisions added or revised. A complete history note for § 25-209
appears at the end of the section.
State law reference—Similar provisions, I.C.A. § 321.321.
Sec. 25-210. Stop intersections.
(a) The driver of a vehicle shall stop in obedience to a stop
sign as required in this chapter at an intersection where a
stop sign is erected at one or more entrances thereto
although not a part of a through street and shall proceed
Supp. No. 16
1590.1
§ 25-210 DUBUQUE CODE § 25-210
cautiously, yielding to vehicles not so obliged to stop which
are within the intersection or approaching so closely as to
constitute a hazard, but may then proceed.
(b) Those intersections designated are hereby declared to
be "stop intersections" for all purposes of this section.
Vehicles bound in the direction indicated must stop before
entering the designated intersection.
NORTHBOUND
Bellevue Road and Rockdale Road (Ord. No. 29-79, § 1,
5-30-79)
Cedar Cross Road and Crescent Ridge (Ord. No. 29-79, §
1, 5-30-79)
English Mill Road and Crescent Ridge (Ord. No. 29-79, §
1, 5-30-79)
Fremont Avenue and Wartburg Place
Grandview Avenue, North, and Clarke Drive
Inland Drive and Julien Dubuque Drive (Ord. No. 29-79, §
1, 5-30-79)
Kerrigan Road, east ramp, and Grandview Avenue
Manson Road and Miller Road (Ord. No. 29-79, § 1,
5-30-79)
MarJo Quarry Road and Rockdale Road (Ord. No. 29-79, §
1, 5-30-79)
North-west arterial at Pennsylvania Avenue (Ord. No. 56-82, §
1, 10-18-82)
Rockdale Road and Grandview Avenue
Saunders Street and Lemon Street
Wartburg Place and Fremont Avenue (Ord. No. 11-79, § 1,
1-16-79)
Woodland Drive and Key Way Drive
SOUTHBOUND
Twenty-first Street, East, and White Street
Berkley Street and Oak Crest Drive
Supp. No. 16
1590.2
125-210
MOTOR VEHICLES AND ;'RAFFIC § 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
Frontage Road, south side of Highway 20 and Cedar Cross
Road (Ord. No. 35-84, § 1, 10-8-84)
Grandview Avenue, North, and Delhi Street
Henion Street and Helena Street (Ord. No. 77-77, § 1, 11-21-77)
James Street and Langworthy Avenue
John F. Kennedy Road and University Avenue
Kennedy Court and Peru Road (Ord. No. 29-79, § 1, 5-30-79)
Key Way Drive and Keymont Street
Key Way Drive and Westway Street (Ord. No. 38-78, § 1,
6-19-78)
Louise Street and Peru Road (Ord. No. 29-79, § 1, 5-30-79)
MarJo Quarry Road and Inland Drive (Ord. No. 29-79, § 1, 5-
30-79)
Miller Road and Kelly Lane (Ord. No. 29-79, § 1, 5-30-79)
Simpson Street and Fremont Avenue (Ord. No. 59-79, § 1,
10-1-79)
Starlight Drive and Cedar Cross Road (Ord. No. 29-79, § 1,
5-30-79)
University Avenue and Ashbury Road
Woodworth Street and Lowell Street
Supp. No. 23
1590.5
4 25-210 DUBUQUE CODE * 25-210
WESTBOUND
Chavenelle Road at Radford Road (Ord. No. 56-82, § 1,10-18-82)
Delhi Street and West Fifth Street
Fremont Avenue and Kelly Lane
Frontage Road, south side of Highway 20 and Wacker Drive
(Ord. No. 35-84, § 1, 10-8-84)
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)
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
Andrew Court and Boyer Street. (Ord. No. 19-84, § 1, 6-18-84)
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
Supp. No. 23 1590.6
25-210
MOTOR VEHICLES AND TRAFFIC § 25-210
Hillcrest Road and Key Way Drive
Jackson Street and East Twenty-fourth Street
Key Way Drive and Keystone Drive (Ord. No. 38=78, § 1, 6-19-78)
Langworthy Avenue and Alpine Street
Langworthy Avenue and Booth Street
Langworthy Avenue and Nevada Street
Lincoln Avenue and Fengler Street
Lincoln Avenue and Kniest Street (Ord. No. 51-82, § 1, 9-7-82)
Madison Street and Clarke Drive. (Ord. No. 24-83, § 1, 5-2-83)
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
Supp. No. 23
1590.7
f 25-210 DUBUQUE CODE § 25-212
Washington Street and East Fifteenth Street
Washington Street and East Sixteenth Street
Washington Street and East Eighteenth Street
Washington Street and East Nineteenth Street
Washington Street and East Twenty-fifth Street
Washington Street and East Twenty-ninth Street
Woodland Drive and Key Way Drive (Ord. No. 38-78, § 1,
6-19-78)
(Ord. No. 33-49, § 12.4, 9-6-49; Ord. No. 63-77, § 1, 9-19-77; Ord.
No. 77-77, § 1, 11-21-77; Ord. No. 26-78, § 1, 5-1-78; Ord. No.
38-78, § 1, 6-19-78; Ord. No. 9-79, § 1, 1-16-79; Ord. No. 10-79, § 1,
1-16-79; Ord. No. 11-79, § 1, 1-16-79; Ord. No. 22-79, § 1, 4-2-79;
Ord. No. 29-79, § 1, 5-30-79; Ord. No. 36-79, § 1, 6-18-79; Ord. No.
59-79, § 1, 10-1-79; Ord. No. 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; Ord. No. 24-83, §§ 1, 2, 5-2-83; Ord. No. 19-84,
§§ 1, 2, 6-18-84; Ord. No. 35-84, § 1, 10-8-84)
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)
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 exist-
ing conditions or shall stop, if necessary, and shall yield the
Supp. No. 23 1590.8
§ 25-212 MOTOR VEHICLES AND TRAFFIC § 25-212
right-of-way to any pedestrian legally crossing the roadway and
to any vehicle in the intersection
Supp. No. 23
1590.8.1
§ 25-212 MOTOR VEHICLES AND TRAFFIC § 25-212
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
(3) Eastbound vehicles. Eastbound vehicles must yield before
entering the intersection of :
Crissy Drive and Marywood Drive, north intersection
Crissy Drive and Marywood Drive, south intersection
Forest Lane and Booth Street
Supp. No. 18
1590.9
§ 25-212
DUBUQUE CODE § 25-212
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
(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,
Supp. No. 18
1590.10
§ 25-213 MOTOR VEHICLES AND TRAFFIC § 25-214
§ 1, 3-20-78; Ord. No. 12-79, §§ 1, 2, 1-16-79; Ord. No. 17-82, § 1,
4-7-82; Ord. No. 24-83, § 3, 5-2-83)
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. 18
1590.10.1
§ 36-53 UTILITIES § 36-54
(c) Domestic type sewage. Only domestic type sewage may
be discharged at the waste water treatment plant, unless
approval has been given by the city manager for other types
of sewage.
(d) Industrial sewage. No industrial sewage may be
discharged at the waste water treatment plant without prior
agreement with the city manager.
(e) Municipal sludge other than from city. No municipal
sludge or sewage, other than from the City of Dubuque
system, may be discharged at the waste water treatment
plant without prior agreement with the City Manager.
(f) Fee per load. A fee of ten dollars ($10.00) per load shall
be charged for sewage discharged at the waste water
treatment plant. (Ord. No. 70-80, § 1, 12-8-80)
DIVISION 4. RATES
Sec. 36-54. Definitions.
The following words and terms as used in this division, shall be
deemed to mean and be construed as follows:
Contributor refers to any person responsible for the production
of domestic, commercial or industrial waste which is directly or
indirectly discharged into the city's sanitary sewer system.
Sewage service charge refers to any and all rates, charges, fees
or rentals levied against and payable by the contributors, includ-
ing special contracts or agreements which have been or may be
negotiated by and between the city, commercial establishments,
industries, manufacturing plants or corporations for the purpose
of collecting rates, charges, fees or rentals.
Sewage treatnze.nt plant refers to any and all units of the
municipal sewage treatment system owned and operated by
the city, including the interceptor sewer system, the pumping
stations delivering sewage to the plan and the outfall sewer
system.
Supp. No. 21
2275
§ 36-54
DUBUQUE CODE § 36-56
Water department refers to the city water department.
(Ord. No. 35-57, § 2, 4-15-57)
Cross reference—Rules of construction and definitions generally, § 1-2.
Sec. 36-55. Purpose.
It is hereby determined and declared to be necessary and
conducive to the protection of the public health, safety, wel-
fare and convenience of the city to levy and collect just and
equitable charges, rates or rentals upon all lots, parcels of real
estate and buildings that are connected directly or indirectly
with the sanitary sewage system of the city, the proceeds of
such charges or rentals so derived to be used for the purpose of
constructing, operating, maintaining and repairing such sew-
age treatment plant. (Ord. No. 35-57, § 1, 4-15-57)
Sec. 36-56. Established.
Commencing with all billings on and after July 1, 1984 con-
tributors whose property lies within the corporate limits of the
city, except as otherwise provided in this division, shall pay to
the city, through its collection agent at its office at the same time
payment for water service is made, a sewer service charge com-
puted on water consumption on the following rates:
(a) Basic charges: The sewer rates and charges shall be based
on the quantity of water used on or in the property or
premises. For all customers utilizing sewer service, bills
will be issued monthly. When a water meter is not read
monthly, for any reason, bills will be issued on estimated
consumption. For estimated billings, either on alternate
months or when a reading on a water meter is not obtain-
able for any reason, consumption will be predicated on the
monthly average of the past usage for the metered ac-
count. For estimated bills issued for an account in which
historical data is not available, billing will be predicated
on the minimum charge and related consumption identi-
fied in the Code of Ordinances, for the size of the water
meter in service for the particular account.
(b) Schedule of rates: Rate per month per each 100
cubic feet $1.24
Supp. No. 21
2276
§ 36-56 UTILITIES § 36-56
(c) Service charge.
(1) When a parcel of real estate, property or building,
discharging sanitary sewage, industrial wastes, water
or other approved waste, either directly or indirectly
into the city's sanitary sewer system, is not a user of
water supplied by the city water division and the water
used thereon or therein is not acceptable to the city,
the amount of water used shall be determined by the
city in such manner as the city manager may elect to
establish the rate of charge as provided in this divi-
sion, or the owner or other interested parties at his
expense, may install and maintain a meter acceptable
to the city for said purposes.
(2) When a parcel of real estate, property or building,
discharging sanitary sewage, industrial wastes, water
or other approved waste, either directly or indirectly
into the city's sanitary sewer system, is a user of water
supplied by the city water division and in addition
uses water from another source which is not measured
by a water meter or is measured by a water meter not
acceptable to the city, the amount of water used shall
be determined by the city in such a manner as the city
manager may elect in order to establish the rate of
charge as provided in this division, or the owner or
other interested parties at his expense may install and
maintain a meter acceptable to the city for said purpose.
(3) When a parcel of real estate, property or building,
discharging sanitary sewage, industrial wastes, water
or other approved waste either directly or indirectly
into the city's sanitary sewer system, is not a user of
water supplied by the city water division, the amount
of sanitary sewage, industrial wastes, water or other
approved waste discharged into the sanitary sewer
system shall be determined by the city in such a man-
ner as the city manager may elect in order to establish
the rate of charge as provided in this division, or the
owner or other interested parties at his expense, may
install and maintain a sewage meter acceptable to the
city for said purposes.
Supp. No. 21
2277
§ 36-56
DUBUQUE CODE § 36-56
(4) The city council may, in its discretion, upon applica-
tion, permit connection to the city sanitary sewer sys-
tem of properties located outside the corporation lim-
its upon such terms and conditions as it may establish;
provided, however, that such terms shall not be more
favorable to such property than rates herein estab-
lished for city users.
(5) In order that the rates and charges may be modestly
and equitably adjusted to the service rendered, the
city shall have the right to base its charges not only on
volume, but also on the strength and character of the
sewage and wastes deposited in the system by the
contractor. The city shall have the right to measure
and determine the strength and content of all sewage
and wastes discharged either directly or indirectly into
the city's sanitary sewage system, in such manner and
by such methods as it may deem practicable in the
light of the conditions and circumstances of the case in
order to determine the proper charge.
Extra charges will be applicable and negotiated with
dischargers on an individual contract basis when con-
centration of the sewage exceeds three hundred (300)
milligrams per liter of biochemical oxygen demand,
three hundred fifty (350) milligrams per liter of sus-
pended solids or two (2) per cent or more of the flow
rate into the sewage treatment plant.
(6) The rates and charges may be billed the tenant or
tenants occupying the properties served, unless oth-
erwise requested in writing by the owners, but such
billing shall in no way relieve the owner from liability
in the event payment is not made as required in this
division.
(7)
Supp. No. 21
Where the quantity of water consumed is such that
the minimum water service is charged, the minimum
sewer service charge, according to the size of the meter,
shall be as follows:
2278
§ 36-56 UTILITIES § 36-58
Monthly Rates
Meter Minimum Allowance
(inches) charge (cubic feet)
5/s $ 2.48 200
3/4 9.92 800
1 16.12 1,300
11/4 26.04 2,100
11/2 32.24 2,600
2 57.04 4,600
3 131.44 10,600
4 208.32 16,800
6 456.32 36,800
8 775.00 62,500
(d) Provisions of this section shall be applicable for all billings
on and after July 1, 1984. (Ord. No. 35-57, § 4, 4-15-57;
Ord. No. 65-68, §§ 2, 3, 10-28-68; Ord. No. 48-76, §§ 1-4,
10-4-76; Ord. No. 26-79, § 1, 5-7-79; Ord. No. 19-80, § 1,
3-11-80; Ord. No. 60-80, § 1, 9-2-80; Ord. No. 12-83, § 1,
3-12-83; Ord. No. 9-84, § 1, 3-12-84)
Sec. 36-57. Areas not served by public system.
The rates, service charges, rentals or fees as provided in
this division shall become effective at the time sewage from
the contributors is first directed to the sanitary sewer system.
At the time sanitary sewers are constructed in areas not now
served by a sanitary sewer system, contributors shall be
granted a reasonable time to make connection to the sewer.
The effective date of the sewage service charge and the reas-
onable time to connect to the sanitary sewer system will be
determined by the city manager. (Ord. No. 35-57, § 6, 4-15-
57)
Sec. 36-58. Disposal of wastes from private facilities.
Any contributor engaged in cleaning cesspools, septic tanks
or privy vaults shall discharge all effluent into a designated
location at the sewage treatment plant. The rate for receiv-
ing such waste shall be determined by the city manager. It
Supp. No. 21
2279
§ 36-58 DUBUQUE CODE § 36-69
shall be unlawful for any contributor to place any effluent or
waste from cesspools, septic tanks or privy vaults in any other
location in the city, except at the designated location at the
sewage treatment plant. (Ord. No. 35-57, § 7, 4-15-57)
Sec. 36-59. Lien for failure to pay.
The city shall have a lien upon the real property served by
the sanitary system for all delinquent rates and charges.
Bills for sewage charges shall be delinquent when the same
are unpaid for a period of fifteen (15) days following the
due date, and if not paid, a penalty of five (5) per cent shall
be added to the sewage rental bill but such penalty shall not
be less than fifty cents ($0.50).
The city clerk shall certify within ten (10) days of the
following dates, to the Dubuque County auditor for collection
with and in the same manner as property taxes and to estab-
lish the real property liens, all rates and charges which are
delinquent over fifteen (15) days on the first day of March,
June, September and December. (Ord. No. 35-57, § 8, 4-15-57;
Ord. No. 48-76, § 5, 10-4-76)
Sec. 36-60. Costs of collection.
The actual cost of collecting and accounting for all sewer
rentals or charges shall be a part of the cost of operating the
sewage treatment plant. The cost shall be paid from the
sewage rental funds to the collection agent upon the city man-
ager's certificate certifying to the amount. (Ord. No. 35-57, §
11, 4-15-57)
Secs. 36-61-36-69. Reserved.
Supp. No. 21
2280
§ 36-152
UTILITIES § 86-161
Sec. 36-152. Check valves.
Every hot water system should have a check valve installed
between such system and the water meter. Wherever a check
valve is installed, there shall also be installed on the hot water
distributing system a suitable relief valve to protect the sys-
tem from excessive pressure from hot water or steam. (Ord.
No. 5-59, § 33, 2-9-59)
Sec. 36-153. Accuracy; testing.
(a) Where the accuracy of a meter is questioned, it shall be
removed by the city water department at the request of the
consumer and shall be tested in his presence, in the shop of
the city water department by means of the apparatus provided
for that purpose. Both parties to the test must accept the
findings thus made.
(b) If the meter is found to register satisfactorily, the
water actually flowing through it, a charge as established
by the city manager, after official publication, will be made
to pay the cost of conducting the test. If the meter is found
to register unsatisfactorily, the water flowing through it, no
charge will be made for the test and a proportional reduction
will be made from the previous bill.
(c) A water meter shall be considered to register satisfac-
torily when it registers within two (2) per cent of accuracy.
(Ord. No. 5-59, § 34, 2-9-59; Ord. No. 20-81, § 6, 5-4-81)
Sec. 36-154. When read.
Meters on domestic services or small users of water shall be
read bi-monthly. Meters on commercial services or large users
of water shall be read monthly. (Ord. No. 5-59, § 35, 2-9-59)
Secs. 36-155--36-160. Reserved.
DIVISION 4. RATES
Sec. 36-161. Residential, commercial and industrial uses.
(a) Commencing with all billings on July 1, 1984, the rates to
be charged for water for residential, commercial, industrial and
Supp. No. 21 2301
§ 36-161 DUBUQUE CODE § 36-161
other uses and purposes by any person, firm or corporation sup-
plied water within the city shall be fixed and determined as
follows:
(1) Water rates for users within the city whose meters are
read monthly shall be as follows:
Consumption Charge Per Hundred
(cubic feet) Cubic Feet
First 3,000 $1.12
Next 12,000 0.93
Next 35,000 0.83
Next 50,000 0.73
Over 100,000 0.65
The minimum monthly charge according to the size of the
meters shall be as follows:
Monthly Rates
Meter Minimum Allowance
(inches) Charge (cubic feet)
$ 2.24 200
3/4 8.96 800
1 14.56 1,300
11/4 23.52 2,100
11/2 29.12 2,600
2 48.48 4,600
3 104.28 10,600
4 160.14 16,800
6 326.14 36,800
8 526.95 62,500
(b) Commencing with all billings on and after July 1, 1984, the
rates to be charged for water supplied by the city to residential,
commercial, industrial and other uses and purposes by any per-
son, firm or corporation, outside the corporation limits of the City
of Dubuque, Iowa, shall be at one hundred fifty (150) per cent of
the rates set forth hereinabove.
(c) For all meters in service, bills will be issued monthly. When a
meter is not read monthly for any reason, bills will be issued on
Supp. No. 21
2302
§ 36-161 UTILITIES § 36-162
estimated consumption. For estimated billings, either on alter-
nate months or when readings are not obtainable for any reason,
consumption will be predicated on monthly average of past usage
for the meter. For estimated bills issued for an account in which
historical data is not available, billing will be predicated on the
minimum charge and related consumption identified in the Code
of Ordinances for the size of the meter in service for the particu-
lar account.
(d) If requested by the customer, a remote reading device may
be installed and billed on an installment contract over a maxi-
mum of a six-month period.
(e) Proper adjustments from estimated readings will be made
when an actual meter reading is obtained. The adjustment will
be reflected on the customer's next regular bill. (Ord. No. 64-68,
§§ 1, 2, 10-28-68; Ord. No. 15-76, §§ 1, 2, 5-3-76; Ord. No. 33-76,
§§ 1, 2, 7-6-76; Ord. No. 18-80, § 1, 3-11-80; Ord. No. 13-81, § 1,
3-10-81; Ord. No. 20-81, § 7, 5-4-81; Ord. No. 11-83, § 1, 3-12-83;
Ord. No. 8-84, § 1, 3-12-84)
Sec. 36-162. Fire sprinkler service.
Customers who have fire sprinkler se. vice shall be billed
for this service on a monthly basis. This monthly charge
will be included on the customer's regular monthly bill for
which charges are fixed and determined as follows:
Number of Heads Monthly Charges
Up to 200 (minimum monthly charge) $ 8.33
200-300 10.00
300-400 11.67
400-600 13.33
600-800 15.00
800-1000 16.67
1000-1200 18.33
1200-1400 20.00
1400-1600 21.67
1600-1800 23.33
1800-2000 25.00
2000-2200 26.67
Supp. No. 21
2303
§ 36-162
DUBUQUE CODE § 36-163
Number of Heads Monthly Charges
2200-2400 28.33
2400-2600 30.00
2600-2800 31.67
2800-3000 33.33
3000-3500 35.00
Over 3500 (for each additional 500 heads or
fraction thereof) 1.67
(Ord. No. 64-68, § 3, 10-28-68; Ord. No. 15-76, § 3, 5-3-76;
Ord. No. 20-81, § 8, 5-4-81)
Sec. 36-163. Construction use.
(a) When a temporary water service is desired for construction
work, application shall be made to the superintendent of the
water department. A deposit equal to the actual cost of the meter
and fittings shall be paid in advance. The applicant shall guaran-
tee payment of such water service charges and return said meter
in good condition.
(b) The applicant shall thereupon install a suitable meter, fur-
nished by the water department, and shall pay for all
Supp. No. 21
2304
APPENDIX A
ZONING*
Art. L Establishment of Districts; Provisions for Official
Zoning Map and Interpretation and Amendment There-
of, § 1-101-1-103
Art. II. Nonconforming Lots, Uses of Land, Uses of Structures and
Premises, and Characteristics of Use: Amortization Provisions,
§§ 2-101-2-108
Art. III. General Provisions, §§ 3-101-3-106
Art. IV. District Regulations, §§ 4-101-4-121
Art. V. Supplementary District Regulations, §§ 5-101-5-108
Art. VI. Board of Adjustment; Powers and Duties; Variances; Condi-
tional Uses, §§ 6-101-6-108
Art. VII. Administration and Enforcement; Required Permits and Cer-
tificates, §§ 7-101-7-103
Art. VIII. Amendments and Zoning Reclassification; Procedures and
Policies, §§ 8-101-8-104
Art. IX. Violations and Penalties, §§ 9-101-9-103
Art. X. Fees, §§ 10-101-10-104
Art. XI. Definitions
Art. XII. Adoption and Repeal of Conflicting Ordinances, §§ 12-101,
12-102
ORDINANCE NO. 32-75
AN ORDINANCE ESTABLISHING COMPREHENSIVE ZON-
ING FOR THE CITY OF DUBUQUE, IOWA, AND PRO-
VIDING FOR THE ADMINISTRATION, ENFORCEMENT
AND AMENDMENT THEREOF, IN ACCORDANCE WITH
THE PROVISIONS OF CHAPTER 414, CODE OF IOWA
1975, AND FOR THE REPEAL OF ALL ORDINANCES
IN CONFLICT HEREWITH:
*Editor's note—Appendix A sets out the Zoning Ordinance, being
Ordinance No. 32-75 as the same was enacted by the city on August 4,
1975. Due to the statutory requirements relative to the enactment and
amendment of such an ordinance, incorporation thereof into a Code of
Ordinances is not deemed advisable. hence its inclusion as an appendix
hereto for the benefit and convenience of the user of this Code.
Cross references—Buildings and building regulations, Ch. 10; commu-
nity development, Ch. 111/2 ; electrical regulations, Ch. 13; fire prevention
and protection, Ch. 14; flood damage control, Ch. 15; heating, air
conditioning and ventilating, Ch. 19; historical preservation, Ch. 191/2 ;
housing regulations, Ch. 20; planning, Ch. 29; plumbing, Ch. 30; -streets,
sidewalks and public places, Ch. 33; subdivision regulations, Ch. 34.
Supp. No. 17 2469
DUBUQUE CODE
WHEREAS, Chapter 414 of the Code of Iowa 1975 em-
powers the City of Dubuque, Iowa to enact a zoning ordinance
and to provide for its administration, enforcement, and amend-
ment ; and
WHEREAS, the City Council deems it necessary for the pur-
pose of promoting the health, safety, morals and general wel-
fare of the city to enact such an ordinance ; and
WHEREAS, the City Council pursuant to the provisions of
Chapter 414 of the Code of Iowa 1975 has appointed a Zoning
Commission to recommend the boundaries of the original
districts and appropriate regulations to be enforced therein ;
and
WHEREAS, the Zoning Commission has divided the City
into districts of such number, shape and area as are deemed
best suited to carry out the purposes of this ordinance and has
prepared regulations pertaining to such districts in accordance
with a comprehensive plan and designed to lessen congestion
in the streets; to secure safety from fire, flood, panic, and
other dangers ; to promote health and the general welfare, to
provide adequate light and air, to prevent the overcrowding of
land; to avoid undue concentration of population, to facilitate
the adequate provision of transportation, water, sewerage,
schools, parks and other public requirements ; and
WHEREAS, the Zoning Commission has given reasonable
consideration, among other things, to the character of the
area of the district and the peculiar suitability of such area
for particular uses, with a view to conserving the value of
buildings and encouraging the most appropriate use of land
throughout the City; and
WHEREAS, the Zoning Commission has made a preliminary
report and held public hearings thereon, and has thereafter
submitted its final report to the City Council ; and
WHEREAS, the City Council has given due public notice
of hearings relating to zoning districts, regulations, and re-
strictions, and has held such public hearings ; and
WHEREAS, all requirements of Chapter 414 Code of Iowa
1975 with regard to the preparation of the report of the Zon-
Supp. No. 17 2470
§ 1-101 APPENDIX A—ZONING § 1-101
ing Commission and subsequent action of the City Council have
been met;
NOW THEREFORE BE IT ORDAINED BY THE CITY COUN-
CIL OF THE CITY OF DUBUQUE, IOWA:
ARTICLE I. ESTABLISHMENT OF DISTRICTS:
PROVISIONS FOR OFFICIAL ZONING MAP AND
INTERPRETATION AND AMENDMENT THEREOF
Section 1-101 Establishment of districts
To effectuate the purposes of this Ordinance, the following
districts are hereby established:
1-101.1 Residential Districts
1. R-1 Residential District
2. R-2 Residential District
3. R-3 Residential District
4. R-4 Residential District
5. R-5 Residential District
1-101.2 Office Districts
1. OR -1 Office -Residential District
2. [reserved for future use]
1-101.3 Special Purpose Districts
1. PUD Planned Unit Development District
2. I -D Institutional District
3. Special Planning Districts (Ord. No. 39-78, § 1, 6-28-78)
1-101.4 Commercial Districts
1. C-1 Neighborhood Commercial District
2. C-2 Local Service Commercial District
3. C-3 Arterial Business Commercial District
4. C-4 General Commercial District
Supp. No. 19 2471
§ 1-101 DUBUQUE CODE § 1-102
5. C-5 Central Business District
6. C-6 Planned Commercial District
7. C-7 General Service and Wholesale Commercial District
8. CR Commercial Recreation District (Ord. No. 54-80, §
1, 8-18-80; Ord. No. 44-83, § 1, 9-6-83)
1-101.5 Industrial Districts
1. L -I Light Industrial District
2. H -I Heavy Industrial District
3. P -I Planned Industrial District (Ord. No. 29-80, § 1,
5-5-80)
Section 1-102 Official zoning map
1-102.1 Adoption of Official Zoning Map
The City is hereby divided into districts as shown on the
Official Zoning Map, which together with all explanatory
matter thereon, is hereby adopted by reference and de-
clared to be a part of this ordinance.
1-102.2 Identification and Location of Official Zoning Map
The Official Zoning Map shall be identified by the signa-
ture of the Mayor, attested by the City Clerk, and bearing
the seal of the City of Dubuque, Iowa, under the following
words: "This is to certify that this is the Official Zoning
Map referred to in Article I of Ordinance No. 32-75 of the
City of Dubuque, Iowa" together with the date of adoption
of this ordinance. Such Official Zoning Map shall be lo-
cated in the office of the Zoning Administrator.
1-102.3 Amendment of Official Zoning Map
If, in accordance with the provisions of this ordinance and
Chapter 414, Code of Iowa 1975, changes are made in
district boundaries or other matter portrayed on the Offi-
cial Zoning Map, such changes shall be entered on the
Official Zoning Map promptly after the amendment has
been approved by the City Council, with an entry on the
Supp. No. 19
2472
§ 1-102 APPENDIX A—ZONING § 1-102
Official Zoning Map as follows: "On (date), by official ac-
tion of the City Council, the following changes were made
in the Official Zoning Map: (brief description of change)",
which entry shall
Supp. No. 19
2472.1
(1
§ 1-102 APPENDIX A—ZONING § 1-103
be signed by the Mayor and attested by the City Clerk.
No amendment to this ordinance which involves mat-
ter portrayed on the Official Zoning Map shall become
effective until after such change and entry has been
made on such map.
No changes of any nature shall be made on the Official
Zoning Map or matter shown thereon except in con-
formity with the procedure set forth in this ordinance.
Any unauthorized change of whatever kind by any per-
son or persons shall be considered a violation of this
ordinance and punishable as provided in Article IX of
this ordinance.
1-102.4 Replacement of Official Zoning Map
In the event that the Official Zoning Map becomes
damaged, destroyed, lost, or difficult to interpret be-
cause of the nature or number of changes and addi-
tions, the City Council may, by resolution, adopt a new
Official Zoning Map. The new Official Zoning Map
may correct drafting or other errors or omissions in
the prior Official Zoning Map, but no such corrections
shall have the effect of amending the original Official
Zoning Map or any subsequent amendment thereof.
The new Official Zoning Map shall be identified by the
signature of the Mayor attested by the City Clerk, and
bearing the seal of the City of Dubuque, Iowa, under
the following words : "This is to certify that this
Official Zoning Map supersedes and replaces the Offi-
cial Zoning Map adopted on August 4, 1975 as part of
Ordinance No. 32-75 of the City or Dubuque, Iowa."
Section 1-103 [Standards for] application of district regula-
tions
Regulations applicable within each district shall be applied
uniformly to each class or kind of structure or land.
1-103.1 Conformance to Use Regulations
No building, structure, or land shall hereafter be used
or occupied, and no building or structure or part there -
Supp. No. 2
2473
§ 1-103 DUBUQUE CODE § 1-103
of shall hereafter be erected, constructed, recon-
structed, moved, or structurally altered except in con-
formity with all of the regulations herein specified
for the district in which it is located. All uses not ex-
pressly permitted as a permitted use, an accessory use,
or a Conditional Use are prohibited. (Ord. No. 26-77,
§ 1, 5-2-77)
1-103.2 Conformance to Bulk and Yard Regulation Required
No building or other structure shall hereafter be
erected or altered :
1) To exceed the height or bulk;
2) To accommodate or house a greater number of
families ;
3) To have narrower or
yards, side yards, or
than herein permitted ; or
trary to the provisions of
26-77, § 1, 5-2-77)
1-103.3 Yards, Open Space, and Off -Street Parking.
No part of a yard, other open space, off-street park-
ing, or loading space required in connection with any
building for the purpose of complying with this ordi-
nance shall voluntarily be included as part of a yard,
open space, off-street parking, or loading space simi-
larly required for any other building or any other
lots. (Ord. No. 26-77, § 1, 5-2-77)
1-103..E Reduction of Required Lots and Yards Prohibited.
No yard or lot existing on the effective date of this
ordinance shall be voluntarily reduced in dimension or
area below the minimum requirements set forth herein.
Yards or lots created after the effective date hereof
shall" meet at least the minimum requirements estab-
lished by this ordinance. (Ord. No. 26-77, § 1, 5-2-77)
1=103.5 Classification of Annexed Territory.
All territory which may hereafter be annexed, either
voluntarily or involuntarily, to the City shall be clas-
Supp. No. 2
smaller rear yards, front
other open spaces
in any other manner con -
this ordinance. (Ord. No.
2474
§ 1-103 APPENDIX A—ZONING § 2-101
sified in an AG Agricultural District, and shall remain
in that classification pending request for reclassifica-
tion in accordance with the provisions of Section 8-102
of this ordinance. (Ord. No. 26-77, § 1, 5-2-77)
ARTICLE II. NONCONFORMING LOTS, USES
OF LAND, USES OF STRUCTURES AND
PREMISES, AND CHARACTERISTICS OF
USE: AMORTIZATION PROVISIONS*
Section 2-101 General statement of intent
Within the districts established by this ordinance or amend-
ments that may later be adopted there exist
1) Lots;
2) Structures;
3) Uses of land and structures;
4) Characteristics of use,
which were lawful before this ordinance was passed or amended,
but which would be prohibited, regulated, or restricted under the
terms of this ordinance or future amendment. It is the intent of
this ordinance to recognize the legitimate interests of those who
lawfully established these nonconformities by permitting such
nonconformities to continue, subject to limitations upon their
completion, restoration, reconstruction, extension and substitu-
tion. At the same time, it is recognized that nonconformities
substantially and adversely affect the orderly development, main-
tenance, use and taxable value of other property in the district,
property that is itself subject to the regulations of this ordinance.
In order to secure eventual compliance with the standards of this
ordinance, it is therefore necessary to regulate nonconformities
strictly and to prevent the re-establishment of nonconformities
that have been discontinued. To avoid undue hardship, nothing
in this ordinance shall be deemed to require a change in the
plans, construction, or designated use of any building on which
actual construction was lawfully begun prior to the effective date
*Editor's note—Ord. No. 1-83, § 1, enacted Jan. 3, 1983, repealed App. A, Art.
II, §§ 2-101-2-109 and, in lieu thereof, enacted a new Art. II, § 2-101-2-108. The
former sections derived from the original zoning ordinance.
Supp. No. 17
2475
§ 2-101 DUBUQUE CODE § 2-103
of adoption or amendment of this ordinance and upon which
actual building construction has been carried on diligently. Ac-
tual construction is hereby defined to include the placing of con-
struction materials in permanent position and fastened in a per-
manent manner. (Ord. No. 1-83, § 1, 1-3-83)
Section 2-102 Nonconforming lots of record
In any district in which single-family dwellings are permitted,
a single-family dwelling and customary accessory buildings may
be erected on any single lot of record at the effective date of
adoption or amendment of this ordinance, notwithstanding limi-
tations imposed by other provisions of this ordinance. Such lot
must be in separate ownership and not of continuous frontage
with other lots in the same ownership. These provisions shall
apply even though such lot fails to meet the requirements for
area or width, or both, that are generally applicable in the dis-
trict, provided that yard dimensions and requirements other than
those applying to the area or width, or both, of the lot shall
conform to the regulations for the district in which such lot is
located.
If two (2) or more lots or combinations of lots and portions of
lots with continuous frontage in single ownership are of record at
the time of passage or amendment of this ordinance, and if all or
part of the lots do not meet the requirements established for lot
width and area, the lands involved shall be considered to be an
undivided parcel for the purpose of this ordinance, and no portion
of said parcel shall be used or sold in a manner which diminishes
compliance with lot width and area requirements established by
this ordinance, nor shall any division of any parcel be made
which creates a lot with width or area below the requirements
stated in this ordinance. (Ord. No. 1-83, § 1, 1-3-83)
Section 2-103 Nonconforming uses of land (or land with
minor structures only)
Where at the time of passage of this ordinance, lawful use of
land exists which would not be permitted by the regulations
imposed by this ordinance, and where such use involves no indi-
vidual structure with a replacement cost exceeding one thousand
Supp. No. 17
2476
§ 2-103
APPENDIX A—ZONING § 2-104
dollars ($1,000.00), the use may be continued so long as it re-
mains otherwise lawful, provided that:
2-103.1. No such nonconforming use shall be enlarged or in-
creased nor extended to occupy a greater area of land than
was occupied at the effective date of adoption or amend-
ment of this ordinance; and
2-103.2. No such nonconforming use shall be moved in whole
or in part to any portion of the lot or parcel other than that
occupied by such use at the effective date of adoption or
amendment of this ordinance; and
2-103.3. If any such nonconforming use of land ceases for any
reason for a period of more than thirty (30) days, any
subsequent use of such land shall conform to the regula-
tions specified by this ordinance for the district in which
such land is located, except as otherwise provided under
section 2-105.3 of this article; and
2-103.4. No additional structure shall be erected in connection
with such nonconforming use of land. (Ord. No. 1-83, § 1,
1-3-83)
Section 2-104 Nonconforming structures
Where a lawful structure exists at the effective date of adop-
tion or amendment of this ordinance that could not be built under
the terms of this ordinance by reason of restrictions on area, lot
coverage, height, yards, its location on the lot, or other require-
ments concerning the structure, such structure may be continued
so long as it remains otherwise lawful, provided that:
2-104.1 No such nonconforming structure may be repaired,
reconstructed, enlarged or altered in a way which increases
its nonconformity, but any structure or portion thereof
may be altered to decrease its nonconformity.
2-104.2 Should such nonconforming structure or nonconform-
ing portion of structure be destroyed by any means to an
extent of more than fifty (50) per cent of its replacement
cost at time of destruction, it shall not be reconstructed
except in conformity with the provisions of this ordinance,
except as may be allowed by Section 2-104.3.
Supp. No. 17 2477
§ 2-104 DUBUQUE CODE § 2-104
2-104.3 Repair and reconstruction of certain nonconforming
residential structures permitted
2-104.3.1 Statement of Intent
The provisions of this ordinance are intended to pre-
serve property values, avoid hardships to property own-
ers, and promote the conservation of certain pre-existing,
nonconforming residential dwelling units built on un-
usually narrow lots by allowing the total reconstruc-
tion of such structures when they are substantially
destroyed by accident or act of God. The limited ex-
emption from district regulations authorized by this
section should be narrowly construed, and nothing in
this section should be interpreted as authorizing any
change in an existing or hereafter reconstructed struc-
ture which would increase in any manner or degree
such structures's nonconformity with the provisions of
this ordinance.
2-104.3.2 Reconstruction of Certain Nonconforming Resi-
dential Structures Permitted, Subject to Conditions
In the event of destruction to an extent exceeding fifty
(50) per cent of its replacement value, any single-family
dwelling, duplex, townhouse, or multiple family dwell-
ing containing not more than four (4) dwelling units
may be reconstructed to its former condition and di-
mensions without regard to the yard, bulk or lot re-
quirements of this ordinance, provided that:
1) Such destruction was caused by an accident or act
of God occurring after the effective date of this
ordinance; and
2) The structure is a permitted structure in the dis-
trict in which it is located and was in existence
prior to the effective date of this ordinance; and
3) The lot on which the destroyed dwelling is located
is not of continuous frontage with any other lot
held in the same ownership; and
4) The lot on which the destroyed structure is lo-
cated has a frontage of not more than forty (40)
feet; and
Supp. No. 17
2478
§ 2-104 APPENDIX A—ZONING § 2-105
5) The reconstructed structure does not increase its
prior nonconformity in any manner or degree with
regard to the number or size of dwelling units,
required yards or lot area, required off-street park-
ing spaces, or other provisions of this ordinance.
The burden of proof shall be upon any person
seeking to rely on these provisions to demonstrate
to the zoning administrator that the reconstructed
structure will not further increase its nonconfor-
mity with this ordinance. (Ord. No. 1-83, § 1, 1-3-83)
Section 2-105 Nonconforming uses of structures or of struc-
tures and premises in combination
If lawful use involving individual structures with replacement
cost of one thousand dollars ($1,000.00) or more, or of structure
and premises in combination, exists at the effective date of adop-
tion or amendment of this ordinance, that would not be allowed
in the district under the terms of this ordinance, the lawful use
may be continued so long as it remains otherwise lawful, pro-
vided that:
2-105.1. No existing structure devoted to a use not permitted
by the ordinance in the district in which it is located shall
be enlarged, extended, constructed, re -constructed, moved,
or structurally altered except in changing the use of the
structure to a use permitted in the district in which it is
located, or except as provided in Section 2-108 of this article;
2-105.2. Any nonconforming use may be extended throughout
any parts of a building which were manifestly arranged or
designed for such use at the time of adoption or amend-
ment of this ordinance but no such use shall be extended to
occupy any land outside such building;
2-105.3. A conditional use permit may be obtained to allow
any nonconforming use of a structure or of a structure and
premises to be changed to another nonconforming use, but
only in accordance with the applicable provisions of Arti-
cle VI of this ordinance.
2-105.4. Any structure, or structure and land in combination,
in or on which a nonconforming use is superseded by a
Supp. No. 17 2479
§ 2-105 DUBUQUE CODE § 2-106
permitted use, shall thereafter conform to the regulations
for the district, and the nonconforming use may not there-
after be resumed;
2-105.5. When a nonconforming use of a structure, or struc-
ture and premises in combination is discontinued or aban-
doned for six (6) consecutive months or for eighteen (18)
months during any three-year period (except when gov-
ernment action impedes access to the premises), the struc-
ture, or structure and premises in combination, shall not
thereafter be used except in conformity with the regula-
tions of the district in which it is located, except as other-
wise provided under Section 2-105.3 of this article;
2-105.6 Where nonconforming use status applies to a structure
and premises in combination, removal or destruction of the
structure shall eliminate the nonconforming status of the
land. Destruction for the purpose of this subsection is de-
fined as damage to an extent of more than fifty (50) per
cent of the replacement cost at the time of destruction;
2-105.7 Any lawful use of a structure, or of a structure and
premises in combination made nonconforming by the adop-
tion or amendment of this ordinance may be continued as
herein prescribed, and such nonconforming status shall
not be grounds for denial of any permit, license, or other
official authorization necessary for continuance of such
nonconforming use. Any lawful nonconforming business
use shall be deemed to be within a business district for the
purpose of issuance of required permits or licenses. Noth-
ing in this provision shall be interpreted to permit the
establishment of any nonconforming use not in lawful ex-
istence on the date of adoption or amendment of this ordi-
nance. (Ord. No. 1-83, § 1, 1-3-83)
Section 2-106 Limitation on repairs and maintenance of
structures or portions of structures contain-
ing nonconforming uses
On any structure or portion of a structure which contains a
nonconforming use, work may be done in any period of twelve
(12) consecutive months on ordinary repairs, or on repair or re -
Supp. No. 17
2480
§ 2-106 APPENDIX A—ZONING § 2-108
placement of nonbearing walls, fixtures, wiring, or plumbing, to
an extent not exceeding ten (10) per cent of the current replace-
ment cost of the structure or portion of the structure containing a
nonconforming use as the case may be.
If a structure or portion of a structure containing a noncon-
forming use becomes physically unsafe or unlawful due to lack of
repairs and maintenance, and is declared by any duly authorized
official to be unsafe or unlawful by reason of physical condition,
it shall not thereafter be restored, repaired, or rebuilt except in
conformity with the regulations of the district in which it is
located. (Ord. No. 1-83, § 1, 1-3-83)
Section 2-107 Uses under conditional use permit provisions
not nonconforming uses
Any use which is permitted as a conditional use in a district
under the terms of this ordinance (other than a change through
board of adjustment action from a nonconforming use to another
nonconforming use not generally permitted in the district) shall
not be deemed a nonconforming use in such district, but shall
without further action be considered a conforming use. (Ord. No.
1-83, § 1, 1-3-83)
Section 2-108 Nonconforming use expansion provisions
A conditional use permit may be obtained to allow a noncon-
forming use of a structure or of a structure and premises to be
expanded, but only provided that the board of zoning adjustment
shall find as follows:
1) Such use is either a residential dwelling in an HI Heavy
Industrial District or a commercial use allowed as a per-
mitted or conditional use in one commercial district but
located in a commercial district where such use is not
allowed; and
2) The current capital investment in buildings, structures, or
other facilities of the nonconforming use or other evidence
is substantial enough to indicate that such use is likely to
be maintained on the property for the foreseeable future;
and
Supp. No. 17
2480.1
§ 2-108 DUBUQUE CODE § 2-108
3) The continuance thereof will not be contrary to the public
health, safety, welfare or the spirit of this ordinance; and
4) The use and its proposed expansion do not and are not
likely to significantly depress the value of nearby proper-
ties; and
5) No useful purpose would be served by strict application of
the provisions or requirements of this ordinance with which
the use does not conform; and
6) The aggregate extent of the expansion does not exceed
twenty-five (25) per cent of the gross area devoted to the
nonconforming use and such expansion shall comply with
the schedule of district regulations in the district in which
it is located; and
7) The public will receive some benefit from the proposed
expansion through improvement of conditions on the prop-
erty including but not limited to upgrading the appear-
ance of the premises, removal of nonconforming signs, and
addition of off-street parking and loading facilities.
In authorizing a conditional use permit for the expansion of a
nonconforming use of a structure or of a structure and premises
the board of zoning adjustment shall follow the application, no-
tice and public hearing provisions set forth in Section 6-106. The
board shall impose conditions of approval to assure that the
expanded nonconforming use does not become contrary to the
public health, safety or welfare or the spirit and purpose of this
ordinance.
No vested interest shall arise out of the approval of a condi-
tional use permit pursuant to this section. (Ord. No. 1-83, § 1,
1-3-83)
Supp. No. 17
2480.2
§ 3-101 APPENDIX A -ZONING § 3-101
ARTICLE III. GENERAL PROVISIONS
Section 3-101 Construction
In the construction of words and phrases used in this ordi-
nance, the following rules shall be observed and applied, ex-
cept where a different construction is clearly required by the
context:
3-101.1 Words used in the present tense shall include the
future.
3-101.2 Words in the singular number include the plural
number, and words in the plural number include the
singular number.
3-101.3 The phrase "used for" shall include the phrases
"arranged for", "designed for", "intended for", "main-
tained for", and "occupied for".
3-101.4 The word "shall" is mandatory.
3-101.5 The word "may" is permissive.
3-101.6 The word "Board" means the Board of Adjustment
of the City of Dubuque, Iowa.
3-101.7 The word "Commission" means the Planning and
Zoning Commission of the City of Dubuque, Iowa.
3-101.8 Measurement: Unless otherwise specified, all dis-
tances shall be measured horizontally and shall be ex-
pressed to the nearest integral foot. If a fractional
distance is one-half foot (.5') or less, the preceding
or lesser integral foot measurement shall control.
3-101.9 In the case of any difference of meaning or impli-
cation between the text of this ordinance and any
caption, title, or heading contained herein, the text
shall control.
3-101.10 Statements of intent to guide construction of am-
biguous provisions: Whenever there is doubt or am-
biguity concerning the meaning or intent of a provision
of this ordinance, such provision shall be so construed
2481
§ 3-101 DUBUQUE CODE § 3-102
and interpreted as to most closely effectuate the rele-
vant Statements of Intent set forth in this ordinance.
Section 3-102 Rules governing the interpretation of this ordi-
nance
3-102.1 Minimum Requirements:
In their interpretation and application, the provisions
of this ordinance shall be held to be the minimum re-
quirements for the promotion of the public health,
safety, morals, convenience, comfort, prosperity and
general welfare.
3-102.2 Overlapping or Contradictory Regulations:
Where the conditions imposed by any provision of this
ordinance upon the use of land, buildings or structures
are either more restrictive or less restrictive than
comparable conditions imposed by any other provision
of this ordinance or of any other law, ordinance, reso-
lution, rule or regulations of any kind, the regulations
which are more restrictive shall govern.
3-102.3 Private Agreements:
This ordinance is not intended to abrogate, annul or
otherwise interfere with any easement, covenant or any
other private agreement or legal relationship ; provided,
however, that where the regulations of this ordinance
are more restrictive or impose higher standards or
requirements than such easement, covenant or other
private agreement or legal relationship, the regulations
of this ordinance shall govern.
3-102.4 Unlawful Uses:
No building, structure, or use which was not lawfully
existing at the time of the adoption of this ordinance
shall become or be made lawful solely by reason of the
adoption of this ordinance; and to the extent that, and
in any respect that, said unlawful building, structure
or use is in conflict with the requirements of this ordi-
2482
§ 3-102
APPENDIX A -ZONING § 3-103
nance, said building, structure or use remains unlaw-
ful hereunder.
3402.5 Not a Licensing Ordinance:
Nothing contained in this ordinance shall be deemed to
be a consent, license or permit to use any property or
to locate, construct or maintain any building, structure
or facility or to carry on any trade, industry, occupa-
tion or activity.
3-102.6 Cumulative Provisions:
The provisions of this ordinance are cumulative and
additional limitations upon all other laws and ordinan-
ces, heretofore passed or which may be passed here-
after, governing any subject matter in this ordinance.
3-102.7 Separability:
It is hereby declared to be the intention of the City
Council of the City of Dubuque that the several pro-
visions of this ordinance are separable, in accordance
with the following:
1) If any court of competent jurisdiction shall ad-
judge any provision of this ordinance to be in-
valid, such judgement shall not affect any other
provisions of this ordinance.
2) If any court of competent jurisdiction shall ad-
judge invalid the application of any provision
of this ordinance to a particular parcel of land,
a building or other structure, such judgment shall
not affect the application of said provisions to
any other parcel of land, building or structure.
Section 3-103 Application and scope of regulations
3-103.1 Principal Permitted Uses
No building, structure, or part thereof, shall hereafter
be built, moved or remodeled, and no building, struc-
ture or land shall hereafter be used, occupied, operated
2483
§ 3-103 DUBUQUE CODE § 3-103
or designed for use or occupancy except for a use that
is listed as a principal permitted use or accessory use
under the district regulations for the zoning district
in which the building, structure or land is located. No
principal permitted use already established on the ef-
fective date of this ordinance shall be altered, modi-
fied or enlarged so as to conflict with, or further con-
flict with, the regulations for the zoning district in
which such use is located.
3-103.2 Conditional Uses
No use of building, structure or land that is desig-
nated as a Conditional Use in any zoning district shall
hereafter be established, and no existing conditional
use, or part thereof, shall hereafter be changed to
another Conditional Use in such district, unless a
Conditional Use permit has been secured in accordance
with the provisions of Article VI of this ordinance.
Any established use on the effective date of this ordi-
nance that would be classified as a Conditional Use in
the district in which it is located, has all the rights of
an approved Conditional Use and does not require any
additional approval or review.
No Conditional Use already established on the effec-
tive date of this ordinance shall be altered, modified
or enlarged so as to conflict with, or further conflict
with, the regulations applicable to the zoning district
in which such use is located.
3-103.3 Accessory Buildings, Structures or Uses
No accessory building, structure or use, or temporary
building, structure or use shall hereafter be built,
moved or remodeled, established, altered or enlarged
unless such accessory building, structure or use is per-
mitted by and in conformance with the provisions of
Article V of this ordinance, entitled "Supplementary
District Regulations", and all other regulations or re-
quirements pertaining to the district in which such
building, structure or use is located.
2484
§ 3-103 APPENDIX A—ZONING § 3403
3-103.4. Lot Size Requirements
Except as may be otherwise specifically provided in
this ordinance:
1) No building, structure, or part thereof, shall here-
after be built, moved or remodeled, and no build-
ing, structure or land shall hereafter be used, oc-
cupied or arranged or designed for use or occu-
pancy of a zoning lot which is smaller in area
than the minimum lot area or minimum lot area
per dwelling unit; narrower than the minimum
lot width ; or shallower than the minimum lot
depth required in the zoning district in which the
building, structure or land is located.
2) No existing building or structure shall hereafter
be remodeled so as to conflict, or further conflict,
with the lot area per dwelling unit requirements
for the zoning district in which the structure is
located.
3-103.5 Bulk Regulations
This ordinance expresses bulk regulations in terms of
maximum building or structure height, maximum lot
coverage, maximum floor area ratio, minimum set-
backs, and minimum front, side and rear yards. No
building, structure, or part thereof, shall hereafter be
built, moved or remodeled, and no building, structure
or land shall hereafter be used, occupied or designed
for use or occupancy:
1) So as to exceed the maximum building or structure
height, maximum lot coverage percentage, or maxi-
mum floor area ratio specified for the zoning dis-
trict in which the building or structure is located ;
or,
2) So as to provide any setback or front, side, rear
or transitional yard that is less than that specified
for the zoning district in which such building,
structure or use of land is located or maintained.
Supp. No. 3
2485
§ 3-103 DUBUQUE CODE § 3-103
3-103.6 Off -Street Parking and Loading
No structure shall hereafter be built or moved, and
no structure or land shall hereafter be used, occupied
or designed for use or occupancy unless the minimum
off-street parking and off-street loading spaces re-
quired by the provisions of this ordinance are pro-
vided. No structure or use already established on the
effective date of this ordinance shall be enlarged, ex-
panded or increased in use unless the minimum off-
street parking and loading spaces which would be re-
quired by the provisions of this ordinance for such en-
largement, expansion or increase in use are provided.
3-103.7 Exemptions From the Regulations of This Ordi-
nance
The following structures or uses are exempt from the
regulations of this ordinance and shall be permitted in
any district;
1) Poles, wires, cables, conduits, vaults, laterals,
pipes, mains, valves, or any other similar equip-
ment for transmission or distribution to customers
of telephone or other communication services, elec-
tricity, gas, steam or water, or the collection of
sewage or surface water, operated or maintained
by a public utility.
2) Railroad tracks, signals, bridges and similar facili-
ties and equipment located on a railroad right-of-
way.
3-103.8 Buildings, Structures and Uses of the City of
Dubuque
All buildings, structures, or uses owned or operated by
the City of Dubuque not exempted by Section 3-103.7
shall also be exempted from the regulations of this
ordinance and shall be permitted in any district, pro-
vided that :
Supp. No. 3
2486
§ 3-103 APPENDIX A—ZONING § 3-103
1) Council approval: All buildings and site plans shall
first be approved by the City Council after a re-
port from the Planning and Zoning Commission.
2) Planning and zoning report: The Planning and
Zoning Commission shall report upon the effect of
the proposed building, structure or use upon the
character of the neighborhood, traffic conditions,
and other matters pertaining to the public safety
and general welfare. (Ord. No. 15-78, § 1, 4-3-78)
3-103.9 Structures Permitted Above the Height Limits
The building height limitations of this ordinance shall
be modified as follows :
1) Appurtenances: The following appurtenances may
exceed the prescribed height limit provided they
are normally required for a use permitted in the
district in which they are erected or constructed:
flagpoles, chimneys, cooling towers, condensers,
elevator bulkheads, belfries, stacks, penthouses for
other than living purposes, ornamental towers,
monuments, cupolas, domes, spires, and other neces-
sary mechanical appurtenances and their protec-
tive housing.
2) Churches: Churches may be erected to a height
not exceeding seventy-five (75) feet, provided
that such buildings shall provide at least one (1)
additional foot of yard space on all sides for each
additional foot by which such buildings exceed
the maximum height limit of the district in which
they are located. However, where a. nonconforming
church is destroyed, even to an extent greater than
fifty (50) per cent of its replacement cost, it may
be reconstructed to its original condition and dimen-
sions without regard to the height or yard restric-
tions of this section. (Ord. No. 55-78, § 1, 9-18-78;
Ord. No. 6-79, § 1, 1-16-79)
Supp. No. 5
2487
§ 3-104 DUBUQUE CODE § 3-105
Section 3-104 Limitations on the number of buildings, struc-
tures, and uses on a zoning lot
3-104.1 Residential or Office Residential Districts
Within any residential or office -residential district,
not more than one (1) residential or office -residential
building or other principal permitted use shall be lo-
cated on a single zoning lot. In addition, no residential
building shall be located on the same zoning lot with
any other use except permitted accessory uses. The pro-
visions of this Section shall not apply to any Planned
Unit Development (PUD) District. (Ord. No. 5-78, §
1, 1-16-78)
3-104.2 Nonresidential Districts
In any district other than a residential or office -resi-
dential district, any number of buildings, structures, or
uses permitted by this ordinance may be established,
constructed, or maintained on a single zoning lot, ex-
cept that for any building used primarily for resi-
dential purposes and located within a commercial or
industrial district, the provisions of Section 3-104.1
shall apply.
Section 3-105 Restrictions governing the allocation and dis-
position of required yards and open space
3-105.1 All Required Yards To Be Open, Unoccupied Space
All yards required by this ordinance shall be provided
as open, unoccupied spaces extending from the natural
ground level to the sky with no obstructions whatever
except those permitted by Section 3-105.2.
3-105.2 Permitted Obstructions in Required Yards
The following obstructions and no others may be per-
mitted in a required yard :
1) Obstructions permitted in all yards: Awnings,
shutters, and canopies; chimneys projecting no
more than twenty-four. (24) .inches into a required
Supp. No. 5
2488
§ 3-105 APPENDIX A—ZONING § 3-105
yard; arbors and trellises; flag poles; steps neces-
sary for access toa building or lot from an ad-
joining street or alley; unroofed, open terraces
not more than four (4) feet above the average
grade of adjoining ground; fences, walls or hedges
as provided in Section 3-105.3; vegetation.
2) Obstructions permitted in front yards: Bay win-
dows, oriels, or balconies projecting not more than
five (5) feet into the required yard; overhanging
eaves and gutters projecting not more than three
(3) feet into the required yard; off-street parking
of not more than two (2) vehicles, except as
limited by Section 5-101.4.
3) Obstructions permitted in rear yards: Accessory
uses, buildings or structures as permitted by Sec-
tion 5-101 of this ordinance ; enclosed, attached
or detached off-street parking spaces; balconies,
breezeways, and open, unroofed porches or ter-
races; bay windows projecting not more than five
(5) feet into the yard; overhanging eaves or gut-
ters projecting not more than three (3) feet into
the yard.
4) Obstructions permitted in side yards: Overhang-
ing eaves and gutters projecting not more than two
(2) feet into the yard; open off-street parking, ex-
cept as limited by Sections 5-101.4.
3-105.3 Fences, Walls and Hedges
A fence, wall, hedge or shrubbery not exceeding six (6)
feet in height above the ground level may be erected or
Supp. No. 5
2488.1
§ 3-105 APPENDIX A—ZONING § 4-101
maintained upon any zoning lot, subject to the limita-
tions of Section 5-102.2, except that no fence, wall or
hedge located within a front yard may exceed three (3)
feet in height above the ground level.
3-105.4 Continuing Obligation of Property Owner To Main-
tain Required Yards, Open Spaces, Lot Area, and
Off -Street Parking Spaces
The maintenance of any yard, open space, minimum lot
area, or off-street parking space required by this ordi-
nance shall be a continuing obligation of the owner
of the property to which such requirements apply.
No yard, open space, lot area, or off-street parking
area required by this ordinance for any building, struc-
ture, or use shall, by virtue of change of ownership
or any other reason be used to satisfy any yard, open
space, lot area, or off-street parking area required
for any other building, structure, or use, except as
may be otherwise specifically provided herein. In addi-
tion, no yard or lot existing at the effective date of
this ordinance shall be reduced in dimension or area
below the minimum requirements set forth herein for
the district in which such yard or lot is located.
Section 3-106 All lots and buildings to front on a public or
approved private street
All lots created after the effective date of this ordinance
shall front upon a public street or an approved private street,
and no building shall be hereafter erected or constructed ex-
cept upon such a lot.
ARTICLE IV. DISTRICT REGULATIONS
Section 4-101 Application of district regulations
Regulations for each district established by this ordinance
shall be as set forth in this Article and in Article V of this
ordinance entitled "Supplementary District Regulations".
Supp. No. 3
2489
§ 4-102
DUBUQUE CODE § 4-102
Section 4-102 AG—Agricultural district regulations
4-102.1 General Statement of Intent
The AG Agricultural District is intended to conserve
prime farm land for agricultural purposes and to
serve as a "holding" zone to prevent the premature
development of recently -annexed land areas for which
the most appropriate future use has not yet been de-
termined. In order to promote these purposes, the
regulations for this district allow a very limited range
of uses so that the present development character of
the land may be maintained and future development
options preserved pending comprehensive study and
analysis of the area.
4-102.2 Principal Permitted Uses.
1) Agricultural use, including the raising of field
crops and livestock, horticulture, forestry, animal
husbandry, and similar farming activities.
2) Public or private parks, golf courses, or similar
natural recreation areas.
3) Reserved.
4) Railroads and public or quasi -public utility sub-
stations. (Ord. No. 15-78, § 2, 4-3-78)
4-102.3 Permitted Accessory Uses and Structures
Uses customarily incident to and on the same lot with
any of the principal permitted uses enumerated in
4-102.2 of this Section, except uses specifically pro-
hibited by 4-102.5 of this Section. A single family
dwelling is a permissible accessory use, but only on a
lot of 10 acres or more devoted primarily to agricul-
tural use.
4-102.4 Conditional Uses
None permitted in this District.
4-102.5 Prohibited Uses
No commercial use of any type shall be permitted in
the AG District except the sale of agricultural products
grown on the premises.
Supp. No. 3
2490
§ 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. 18
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.
9) Family homes. (Ord. No. 28-83, § 3, 6-6-83)
4104.3 Accessory Uses and Buildings
Accessory uses and buildings are permitted in the R-1
Residential District in accordance with the provisions
Supp. No. 18
2492
4-104
APPENDIX A—ZONING § 4-104
and regulations of Article V of this ordinance entitled
"Supplementary District Regulations".
4-104.4 Conditional Uses
The following Conditional Uses are permitted in the
R-1 Residential District, but only in accordance with
the provisions of Article VI of this ordinance
governing the issuance of Conditional Use Permits:
1) Nursery schools or day-care centers not meeting
the requirements of Section 4-104.2, provided that
such facilities shall provide not less than 50
square feet of indoor floor area (not including
halls or bathrooms) and not less than 100 square
feet of outdoor recreation space for each child. In
addition, such facilities shall supply adequate
off-street parking or other suitable plan for the
loading and unloading of children so as to not
obstruct public streets or create other traffic or
safety hazards.
2) Nursing or convalescent homes.
3) Group homes on lots of no less than 1500 square
feet per resident, provided that off-street parking
is adequate to the expected need for such parking.
4) Off-street parking of operable automobiles to
serve a permitted or conditional use in a nearby
office -residential, commercial or institutional dis-
trict only, and provided that:
a) It is located adjoining or separated only by a
street or alley from the office -residential,
commercial or institutional use it serves;
b) No structure other than a screening or
security fence or wall shall be erected on the
premises;
c) Signage shall be limited to two (2) freestand-
ing signs of no more than twelve (12) square
feet in size, identifying the parking, providing
directions or marking entrances and exits
thereto;
Supp. No. 7
2493
§ 4-104
DUBUQUE CODE § 4-104
d) Permanent screening shall be constructed of
natural vegetation or decorative fencing of
sufficient size and character to reasonably
obscure the view of the automobiles so parked
from adjacent residences, while keeping in
harmony with the particular residential set-
ting;
e) A site plan shall be submitted and approved
as provided in Section 5-103 of this ordi-
nance.
5) Cemeteries, mausoleums, columbariums and chap-
els. (Ord. No. 5-76, § 1, 2-23-76; Ord. No. 1-78, § 1,
1-3-78; Ord. No. 1-80, § 1, 1-22-80)
4-104.5 Prohibited Uses
Excepting those uses which are otherwise specifically
permitted by Section 4-104.2 (7) , Section 4-104.4, or
Article V of this ordinance entitled "Supplementary
District Regulations", the following uses are prohibited
in the R-1 Residential District:
1) Commercial use as defined in this ordinance.
4-104.6 Schedule of District Regulations Adopted
Additional regulations for the R-1 Residential District
shall be as set forth in the R-1 Schedule of District
Regulations, hereby adopted by reference and declared
to be a part of this ordinance, and in Article V of this
ordinance, entitled "Supplementary District Regula-
tions."
Supp. No. 7
2494
NOTE: See the appropriate
Prii
Single Fame
Dwellings [4-10•
and Family .H4
[4-104.2(9)
Minimum 8,000 sq. f
required
lot area
Minimum
required
frontage
70'
Minimum
required
front yard
setback
25'
Minimum. 25' on corner
required 8' on other 1
side yard
setback
Minimum 30% of
required lot depth
rear yard
setback
Minimum 2 per
required dwelling
off-street unit
parking
spaces
Maximum
building
height
25'
Maximum 30% of tot
lot coverage lot area
lAccessory use provi
mentary District Rei
2Standards and proce
Ordinance and shout
(Ord. No. 55-78, § 3
Supp. No. 18
§ 4-105 APPENDIX A—ZONING § 4-105
Section 4-105 R-2—Residential district regulations
4-105.1 General Statement of Intent
The R-2 Residential District is intended to provide for
low density single family residential housing particu-
larly conducive to family life and associated leisure
activities. It is contemplated that this classification will
be applied to both existing residential neighborhoods
which have been developed in substantial conformance
with the regulations for this district and undeveloped
areas in the City which are deemed suitable for such
development. It is further intended that the R-2 Dis-
trict classification should generally be applied only to
contiguous and discrete residential neighborhoods
which are unpenetrated by arterial streets. When su-
perimposed with the PUD District designation, a high-
er range and intensity of uses may be permitted in
the R-2 District than is otherwise permitted under this
Section. The PUD District provisions and regulations
may be superimposed upon the R-2 District in accord-
ance with Section 4-110 of this Article, entitled "PUD
District Regulations".
4-105.2 Principal Permitted Uses
In the R-2 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, ex-
cept for the following purposes :
1) All uses listed as Principal Permitted Uses for the
Residential District. [See Section 4-104.2 of this
Article] .
4-105.3 Accessory Uses and Buildings
Permitted accessory uses and buildings in the R-2 Resi-
dential District shall be the same as those accessory
uses and buildings permitted in the R-1 Residential
District. [See Section 4-104.3] .
Supp. No. 13
2497
§ 4-105
DUBUQUE CODE § 4-105
4-105.4 Conditional Uses
The following Conditional Uses are permitted in the
R-2 Residential District, but only in accordance with
the provisions of Article VI of this ordinance governing
the issuance of Conditional Use Permits:
Those Conditional Uses allowed in the R-1 Residential Dis-
trict under the same terms and conditions contained therein,
unless further identified below as a separate conditional use:
1) Group homes on lots of no less than 1,000 square feet
per resident provided that off-street parking is adequate
to the expected need for such parking. (Ord. No. 2-82, §
1, 1-11-82)
4-105.5 Prohibited Uses
The following uses are prohibited in the R-2 Residential
District :
All uses prohibited in the R-1 Residential District.
[See Section 4-104.5] .
4-105.6 Schedule of District Regulations Adopted
Additional Regulations for the R-2 Residential District
shall be as set forth in the R-2 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
2498
4-1
NOTE :ti
PRINCI.
Single
Fam
Minimum Required
Lot Area
(in square feet)
Minimum Required
Frontage
(in feet)
Minimum Required
Front Yard Setback
(in feet)
Minimum Required
Side Yard Setback
(in feet)
25' on
6'on(
Minimum Required
Rear Yard Setback
(% of Lot Depth)
Minimum Required
Off -Street Parking
Spaces
8' on cc
25% of
other 11
2perc
Maximum Building
Height
(in feet)
Maximum Lot
Coverage
(as a % of Total
Lot Area)
Notes : 1) Standards and prc
tained in Article 1
ule.
(Ord. No. 47-75, § 1, 12-22-75;
Supp. No. 18
§ 4-106 APPENDIX A—ZONING § 4-106
Section 4-106 R-3—Residential district regulations
4-106.1 General Statement of Intent
The R-3 Residential District is intended to provide
for new moderate density residential housing in areas
deemed appropriate for such development and to ac-
commodate existing areas of the City developed in sub-
stantial compliance with the regulations of this district.
The R-3 Residential District may also serve as a "buf-
fer" or transitional zone between R-1 and R-2 Districts
and higher intensity residential, office -residential, in-
stitutional or commercial zones, particularly in de-
veloping areas. In addition, this classification may be
applied to certain older areas of the City in which
large single family homes have been converted to
multiple -family units. Where so applied, these regula-
tions should be read as intending to preserve such
older buildings.
When superimposed with the PUD District designa-
tion, a slightly different range and intensity of uses
may be permitted than is otherwise permitted by this
Section. The PUD District provisions and regulations
may be superimposed upon the R-3 District in accord-
ance with Section 4-110 of this Article, entitled "PUD
District Regulations".
4-106.2 Principal Permitted Uses
In the R-3 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:
1) All uses listed as Principal Permitted Uses for
the R-2 Residential District. [See Section 4-105.2
of this Article] .
2) Townhouses of up to 6 units.
3) Multiple -family dwellings containing no more than
6 units.
4) Duplexes.
Supp. No. 13
2501
¢ 4-106
DUBUQUE CODE § 4-106
4-106.3 Accessory Uses
Accessory uses and buildings are permitted in the
R-3 Residential District in accordance with the provi-
sions and regulations of Article V of this ordinance,
entitled "Supplementary District Regulations".
4-106.4 Conditional Uses
The following Conditional Uses are permitted in the
R-3 Residential District, but only in accordance with
the provisions of Article VI of this ordinance governing
the issuance of Conditional Use Permits :
1) All uses listed as Conditional Uses in the R-1
Residential District Regulations under the same
standards, restrictions, and conditions provided
for therein, unless further identified below as a separate
conditional use.
2) Separate private garage, provided that:
a) It is incidental and subordinate to a permitted
residential use;
b) It is located on a lot within one hundred fifty
(150) feet of the residential use it serves;
c) Such use shall be designed, constructed and
maintained in harmony with the residential
setting in which it is located;
d) No such use shall exceed seven hundred
twenty (720) square feet of floor area per
dwelling unit and a height of fifteen (15) feet;
e) No commercial storage, sales or home occupa-
tion shall be permitted within such structure;
f) No outside storage shall be permitted in
conjunction with such use;
g) A site plan shall be submitted as provided for
in Section 5-103 of this ordinance.
3) Group homes on lots of no less than 650 square feet per
resident provided that off-street parking is adequate to
the expected need for such parking. (Ord. No. 42-80, § 1,
6-16-80; Ord. No. 2-82, §§ 2, 3, 1-11-82)
Supp. No. 13
2502
§ 4-106 APPENDIX A—ZONING § 4-106
4-106.5 Prohibited Uses
1) All uses prohibited in the R-1 Residential District.
[See Section 4-104.5] .
2) (Reserved for future use).
4-106.6 Schedule of District Regulations
District regulations for the R-3 Residential District
shall be as set forth in the R-3 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
2502.1
N
s
D
F
Minimum Required
Lot Area
(in square feet)
Minimum Required
Frontage
(in feet)
Minimum Required
Front Yard Setback
(in feet)
Minimum Required
Side Yard Setback
(in feet)
Minimum Required
Rear Yard Setback
(in feet) 1
Minimum Required
Off -Street Parking
Spaces
Maximum Building
Height
(in feet)
Maximum Lot
Coverage
(as a % of Total
Lot Area)
NOTE: 1) Standards
tained in A
ule.
(Ord. No. 28-83, § 6, 6-6
Supp. No. 18
(1
-
§ 4-107 APPENDIX A—ZONING § 4-107
Section 4-107 R-4—Residential district regulations
4-107.1 General Statement of Intent
The R-4 Residential District is intended to provide for
new moderate -density residential housing and to be
applied to existing areas that have been developed in
substantial conformance with the regulations of this
District. In undeveloped areas it is intended that this
district will generally be applied only to contiguous
land areas of two or more acres serviceable by collector
or arterial streets. The R-4 Residential District .may
also serve as a buffer or transitional zone between an
R-1, R-2 and R-3 Residential Districts and a higher
intensity office, residential, institutional or commercial
zone. When superimposed with the PUD District desig-
nation, a higher range and intensity of uses may be
permitted in the R-4 District than is otherwise permit-
ted under this Section. The PUD District provisions
and regulations may be superimposed upon the R-4
District in accordance with Section 4-110 of this Arti-
cle, entitled, "PUD District Regulations".
4-107.2 Principal Permitted Uses
1) All uses listed as Principal Permitted Uses for the
R-3 Residential District [See Section 4-106.2 of
this Article] .
2) Multiple -family dwellings containing not more than
12 dwelling units.
4-107.3 Accessory Uses
Accessory uses and buildings are permitted in the R-4
Residential District in accordance with the provisions
and regulations of Article V of this ordinance, entitled,
"Supplementary District Regulations".
4-107.4 Conditional Uses
The following Conditional Uses are permitted in the
R-4 Residential District, but only in accordance with
the provisions of Article VI of this ordinance governing
the issuance of Conditional Use Permits :
Supp. No. 13
2505
§ 4-107 DUBUQUE CODE § 4-107
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 of no less than 500 square feet per
resident provided that off-street parking is adequate to
the expected need for such parking. (Ord. No. 2-82, § 4,
1-11-82)
4-107.5 Prohibited Uses
1) All uses prohibited in the R-1 Residential District.
[See Section 4-104.5] .
2) (Reserved for future use).
4-107.6 Schedule of District Regulations
District regulations for the R-4 Residential District
shall be as set forth in the R-4 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
2506
4.
NOTE :
PRI1
Townh,
Minimum Required
Lot Area
(in square feet)
2500
Minimum Required
Frontage 3C
(in feet)
Minimum Required 30' wh
Front Yard Setback street
(in feet) 20' on
Minimum Required
Side Yard Setback
(in feet)
6' pluf
each s
Minimum Required
Rear Yard Setback
(in feet)
Minimum Required
Off -Street Parking 1.
Spaces
8'onc
20% o
Maximum Required
Height
(in feet)
Maximum Lot
Coverage
(as a % of Total
Lot Area)
NOTE: 1) Standards and pi
tained in Article
ule.
(Ord. No. 47-75, § 1, 12-22-75)
Supp. No. 1
§ 9-108 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
eo-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.
3) Family homes. (Ord. No. 28-83, § 7, 6-6-83)
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. 18
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. 18
2510
4-108.6 1
NOTE : See the
PRINCIPAL
Multiple F
[4
Minimum Required
Lot Area
(in square feet)
1000 per
plus 500,
Minimum Required
Frontage
(in feet)
Minimum Required
Front Yard Setback
(in feet)
30' when fron
street
20' on other st
Minimum Required
Side Yard Setback
(in feet)
15' on the stre
lot
10' on other 101
Minimum Required
Rear Yard Setback
(in feet)
8' on corner loi
20' on all other
Minimum Required
Off -Street Parking
Spaces
1.5 per d
Maximum Building
Height
(in feet)
Maximum Lot
Coverage
(as a % of Total
Lot Area)
NOTE: 1) Standards and procedure;
tained in Article VI of thi
ule.
(Ord. No. 47-75, § 1, 12-22-75)
Supp. No. 1
§ 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. 18
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.
16) Family homes. (Ord. No. 47-75, § 1, 12-22-75; Ord.
No. 28-83, § 8, 6-6-83)
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. 18 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) Adaptive uses in historic or architecturally significant
structures, provided that:
a) The structure or property is either:
1) Listed on the National Register of Historic
Places or is eligible for such listing as deter-
mined by the Dubuque Historic Preservation
Commission, or
2) Located in an area which has been designated
an Historic Preservation District in accord-
ance with Chapter 191/2 and is supportive or
of neighborhood, city, state or national signif-
icance as determined by the Dubuque Historic
Preservation Commission;
b) Only the following uses may be authorized:
1) Specialty shops for gift items, handicrafts, or
clothing,
2) Antique shops,
3) Floral shops,
4) Art galleries,
5) Cabarets, and
6) Restaurants;
c) The Dubuque Historic Preservation Commission
has approved plans for any change, alteration or
modification of the external appearance of the build-
ing or property; and
d) The Board of Adjustment must find that the type
of merchandise to be sold, services to be rendered,
number of persons or employees on the premises,
hours of business and other operational aspects of
the proposed use are compatible with the appro-
Supp. No. 21
2515
§ 4-109 DUBUQUE CODE § 4-109
priate development and use of neighboring prop-
erties and the intended historic or architectural
character of the area.
4) Motels, not including restaurants, coffee shops, gift
shops, or similar secondary or accessory uses, and also
provided that off-street parking shall include a mini-
mum of one (1) space per sleeping room plus one (1)
space per employee on the maximum shift. (Ord. No.
1-77, § 1, 2-7-77; Ord. No. 31-78, § 1, 6-5-78; Ord. No.
2-82, § 6, 1-11-82; Ord. No. 30-83, § 1, 6-6-83; Ord. No.
3-84, § 1, 2-6-84)
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. 21
2516
Minimum Require(
Lot Area
(in square feet)
Minimum Require(
Frontage
(in feet)
Minimum Require(
Front Yard Setbacl
(in feet)
Minimum Require(
Side Yard Setback
(in feet)
Minimum Require(
Rear Yard Setback
(in feet)
Minimum Require(
Off -Street Parking
Spaces
Maximum Buildinl
Height
(in feet)
Maximum Lot
Coverage (as a %
of total lot area)
NOTE: 1) Stand
with 1
(Ord. No. 2-82, § 7,
Supp. No. 21
§ 4-109 APPENDIX A—ZONING ,§ 4-109
4-109.7 OR -1 "a" Office -Residential District Regulations
4-109.7.1 General Statement of Intent
The OR -1 "a" Office -Residential District is estab-
lished to permit mixed professional office and
residential uses for lower -intensity development
areas, principally in those areas where new devel-
opment is occurring and where the regulations of
this district are compatible with development pat-
terns currently established.
4-109.7.2 Principal Permitted Uses
The principal permitted uses in the OR -1"a" Of-
fice -Residential District shall be the same as those
prescribed in Section 4-109.2 Principal Permitted
Uses for the OR -1 Office -Residential District.
4-109.7.3 Accessory Uses
Accessory uses in buildings permitted in the OR -1
"a" Office -Residential District shall be the same
as those set forth in Section 4-109.3 Accessory
Uses for the OR -1 Office -Residential District.
4-109.7.4 Conditional Uses
The Conditional Uses permitted in the OR -1"a"
Office -Residential District shall be the same as the
Conditional Uses prescribed in Section 4-109.4
for the OR -1 Office -Residential District.
4-109.7.5 Prohibited Uses
Uses prohibited within the OR -1"a" Office -Resi-
dential District shall be the same as Prohibited
Uses set forth in Section 4-109.5 for the OR -1
Office -Residential District.
4-109.7.6 Schedule of District Regulations Adopted
The Schedule of District Regulations for the OR -1
"a" Office -Residential District shall be the same
as the Schedule of District Regulations set forth
in Section 4-109.6 for the OR -1 Office Residential
Supp. No. 2
2518.1
§ 4-109 DUBUQUE CODE § 4-109
Supp. No. 2
District, except that the maximum allowable
height of structures shall be thirty-five (35) feet,
and that the maximum lot coverage (as a percent-
age of total lot area) shall be thirty-five (35)
per cent. (Ord. No. 60-76, § 1, 12-6-76)
2518.2
§ 4-110 APPENDIX A -ZONING § 4-110.
Section 4-110 Planned unit development district regulations
4-110.1 General Statement of Intent
The Planned Unit Development District is intended
to encourage flexible and innovative design in the de-
velopment of appropriate sites as integrated project
units. Regulations for this district are designed
1) to encourage new development, to preserve and
utilize as much as possible existing land character-
istics and features which offer visual or recrea-
tional benefits or other amenities;
2) to promote the economic, attractive, innovative,
and harmonious arrangement and design of new
buildings, streets, utilities, and other improve-
ments or structures ;
3) to protect and enhance in residential districts the
qualities of tranquility, privacy, stability, at-
tractiveness and spaciousness which are tradition-
ally associated with the most desirable residential
environments;
4) to provide for the creation and preservation of
more and larger useable public or common open
spaces than would normally be provided under
conventional development ;
5) to encourage the careful design and planning of
larger development projects and to give developers
reasonable assurances regarding Planned Unit De-
velopment project approvals before the unneces-
sary expenditure of design efforts, while providing
the City with appropriate assurances that approved
Planned Unit Development projects will retain the
character envisioned at the time of project ap-
proval.
Property may be reclassified to the Planned Unit De-
velopment designation when it appears that the particu-
lar development plan proposed for the parcel will pro-
mote the purposes of the Planned Unit Development
2519
§ 4-110 DUBUQUE CODE § 4-110
District and this ordinance and is formulated in con-
formance with the review procedures and standards of
this Section. In general, reclassification of property for
a Planned Unit Development is intended to allow de-
velopment of the property for specified uses basically
similar in nature to those allowed by the underlying
zone, but at a slightly greater maximum density or in-
tensity of development. An exception to this process is
the C-6 Planned Unit Development, which does not con-
template an underlying C-6 zone, it being the intent of
this ordinance that new development of the type per-
mitted in the C-6 District shall only be established as
Planned Unit Developments. It is the intent of this
district to encourage the use of the Planned Unit De-
velopment option and to promote a greater level of
flexibility and innovation in the design of new de-
velopment of all types.
4-110.2 Special Definitions Applicable to the Planned Unit
Development District Regulations
Common Property: Any property held in common, un-
divided ownership by all the residents or homeowners
of a Planned Unit Development, including private
streets, private parks, or other property used or useable
by the common owners thereof.
Floor Area (total) : The sum of the areas of all floors
of the building or buildings within the Planned Unit
Development, measured from the faces of the exterior
walls, but not including vent shafts or courts.
Floor Area Ratio (FAR) : The maximum square foot-
age of total floor area for the Planned Unit Develop-
ment site permitted for each square foot of Gross
Planned Unit Development area, expressed as a decimal
percentage.
Examples:
Gross PUD Project Area = 100,000 sq. ft.
FAR = .20
2520
§ 4-110 APPENDIX A—ZONING § 4-110
Maximum permitted floor area for the Planned
Unit Development site = .20 x 100,000 = 20,000
square feet
Gross Planned Unit Development Project Area: The
total land area included within the boundaries of the
proposed Planned Unit Development project site.
Net Planning Unit Development Project Area: Equals
the gross Planned Unit Development project area
minus street right-of-way and parking areas.
Open Space: Equals the gross area of the Planned Unit
Development site minus the following areas:
1) areas covered by buildings and non -recreational
structures
2) areas proposed for street rights-of-way
3) driveways and parking areas
4) one-half (1/2) of the total remaining land area
(i.e. the area not covered by buildings, non -recrea-
tional structures, driveways, or parking areas) for
which the slope exceeds 20%.
plus the following : all roof or deck areas which
are designed for and devoted to leisure or recrea-
tional activities and which are freely accessible to
all Planned Unit Development residents.
Open Space (Common): Property meeting the defini-
tion of Open Space and owned as common property.
Open Space (Public) : Open Space areas of a Planned
Unit development owned by or dedicated to the public.
Open Space (Useable): That portion of the Open Space
for a Planned Unit Development site which is clearly
suited to and useable for active recreational and leisure
pursuits such as sports and games. To be considered as
Useable Open Space, such area must occur in contigu-
ous portions of no less than 2,000 square feet in area
and of not less than thirty feet (30') in smallest dimen-
Supp. No. 11
2521
§ 4-110 DUBUQUE CODE § 4-110
sion. Furthermore, such portions must be free of ob-
structions which would render the area unuseable for
active recreation, such as rough terrain, steep slopes,
and other soil, rock or vegetative obstructions.
Planned Unit Development (PUD) : A parcel of land
developed and planned as an integrated project unit
with significant portions thereof being owned and
maintained as public or common open space property.
4-110.3 Conformance to Procedural Requirements Required
for Planned Unit Development Rezoning; Applica-
bility.
4-110.3.1 No property may be superimposed with the
Planned Unit Development designation except in
conformance with the standards, procedures and
regulations of this ordinance.
4-110.3.2 The Planned Unit Development District desig-
nation may only be placed upon property zoned
under the following classifications :
1) Any Residential District (R-1, R-2, R-3, R-4,
R-5)
2) OR -1 Office -Residential District
3) C-6 Planned Commercial District
Section 4-110.4 Principal Permitted Uses
4-110.4.1 R-1 Planned Unit Development:
1) Any principal or conditional use permitted in the
R-1 Residential District
2) Duplexes
3) Townhouses of no more than two (2) dwelling units
4-110.4.2 R-2 Planned Unit Development:
1) Any principal or conditional use permitted in the
R-2 Residential District
2) Duplexes
Supp. No. 11
2522
§ 4-110 APPENDIX A—ZONING 4-110
3) Townhouses of no more than four (4) dwelling units
4) Multiple -family dwellings containing no more than
four (4) dwelling units
4-110.4.3 R-3 Planned Unit Development:
1) Any principal or conditional use permitted in the
R-3 Residential District
2) Multiple -family dwellings containing no more than
eight (8) dwelling units
4.-110.4. R-4 Planned Unit Development:
1) Any principal or conditional use permitted in the
R-4 Residential District
2) Townhouses
3) Multiple -family dwellings containing no more than
twenty (20) dwelling units
4) Mobile homes
5) Housing for the elderly, handicapped and disabled
(Ord. No. 12-78, § 1, 3-20-78)
4-110.4.5 R-5 Planned Unit Development:
1) Any principal or conditional use permitted in the
R-5 Residential District
2) Housing for the elderly, handicapped and disabled
(Ord. No. 12-78, § 1, 3-20-78)
4-110.4.6 OR -1 Planned Unit Development:
1) Any principal or conditional use permitted in the
OR -1 Office Residential District
2) Housing for the elderly, handicapped and disabled
(Ord. No. 12-78, § 1, 3-20-78)
(Ord. No. 45-81, § 2, 8-17-81)
Section 4-110.5 Accessory Uses
The following accessory uses and buildings are permitted for
the principal uses allowed by Section 4-110.4, but only in
Supp. No. 11
2523
§ 4-110
DUBUQUE CODE § 4-110
accordance with the provisions of Article V of this ordinance
entitled "Supplementary District Regulations."
4-110.5.1 Those accessory uses buildings and structures al-
lowed in the particular underlying district.
4-110.5.2 Retail sales and service uses, limited to those spe-
cifically approved by the planning and zoning commis-
sion and city council, provided that such uses are pri-
marily for the service and convenience of occupants of
the development.
(Ord. No. 45-81, § 3, 8-17-81)
Section 4-110.6 Conditional Uses
No Conditional Uses are allowed in districts affixed
with the Planned Unit Development designation, ex-
cept that in an OR 1 -Planned Unit Development, the
Board of Adjustment may permit up to 10% of the
floor area of any principal building to be devoted to
candy, magazine, or cigar stands ; gift shops ; flower
shops ; restaurants ; or similar low -intensity commercial
uses which the Board finds are customarily incident
to office uses and which will primarily serve the con-
venience of residents of the district.
Section 4-110.7 Required Procedures for Planned Unit De-
velopment District Designation
4-110.7.1 Application Procedure for Planned Unit De-
velopment Designation
Who May Apply: An application for the Planned
Unit Development District designation may be filed
by any person having a legal or equitable owner-
ship interest in the parcel for which the Planned
Unit Development designation is sought. Joint
application also may be made for the Planned Unit
Development designation by the owners of adjoin-
ing parcels of land. However, no Final Develop-
ment Plan for a Planned Unit Development shall
be approved by the City Council unless and until
all the property included within the plan is shown
Supp. No. 11
2524
§ 4-110 APPENDIX A—ZONING § 4-110
Supp. No. 11
to be held in single ownership or joint tenancy
with right of survivorship.
Pre -Application Conference Required: Prior to
submission of a formal application for a Planned
Unit Development designation, the applicant must
2524.1
i
§ 4-110 APPENDIX A -ZONING § 4-110
meet in a pre -application conference with the
Planning Department staff and such other per-
sons or agencies whose participation the Planning
Department staff considers necessary or appro-
priate to the purpose of the pre -application con-
ference. The purpose of the pre -application con-
ference is to acquaint the applicant with the
standards and procedures he will be required to
follow to secure a Planned Unit Development
designation and to enable the applicant to present
his preliminary proposals for the Planned Unit
Development for the comment and advice of the
Planning staff and other interested city depart-
ments. The applicant should therefore be prepared
to present his tentative proposals in sufficiently
detailed form to enable the Planning Department
and other interested city agencies to judge the
general suitability of the tentative proposal in
terms of the particular site and the surrounding
neighborhood, the standards and requirements of
this Section, and the overall Comprehensive Plan
for the city.
Application Procedure for Planned Unit Develop-
ment Rezoning Requests: At any time following
the pre -application conference, a formal applica-
tion for rezoning to a Planned Unit Development
District may be made by filing with the City
Clerk two (2) completed copies of the official form
for such application and two (2) copies of a Pre-
liminary Development Plan containing all informa-
tion required by 4-110.8 of this Section, together
with payment of the fee specified for such appli-
cation in Article X of this ordinance. Official ap-
plication forms shall be available without cost
from the City Planning Department.
Hearing on the Preliminary Development Plan:
With due diligence following the referral by the
City Council of an application for rezoning to the
2525
§ 4-110 DUBUQUE CODE § 4-110
Planned Unit Development designation, the Plan-
ning and Zoning Commission shall hold a public
hearing to consider the application and the Pre-
liminary Development Plan submitted therewith.
Notice of the time and place of the public hearing
shall be published in a newspaper of general circu-
lation in the city at least fifteen (15) days prior
to such hearing. At the public hearing all interested
parties shall be afforded a reasonable opportunity
to appear and express their views on the applica-
tion, either in person or by agent.
4-110.8 Required Contents of Preliminary Development
Plan
A Preliminary Development Plan must contain the fol-
lowing items of information:
4-110.8.1 A completed Site Plan as provided in Section
5-103 of this ordinance.
4-110.8.2 Written Material
1) Present and proposed ownership of the site
and ownership of all properties abutting the
site;
2) A statement of the applicant's intention con-
cerning the future sale or lease on any or all
of the proposed development;
3) Data clearly identifying the following: total
gross acreage of the proposed Planned Unit
Development site; lot coverage; gross open
space as a percent of total lot area; useable
open space as a percent of total lot area; net
residential density for the Planned Unit De-
velopment (dwelling units per acre based on
net Planned Unit Development project area) ;
and gross floor area of the project.
4) Proposed construction schedule and order of
development;
2526
§ 4-110
APPENDIX A -ZONING § 4-110
5) A complete landscaping plan showing all sub-
stantial changes to be made in the natural
land features of the property, including pro-
posed plantings, perimeter treatment and sim-
ilar information;
4-110.8.3 Graphic Materials
Such drawings, maps, charts or other graphic de-
pictions, drawn at a scale not to exceed 1" = 100',
as may be needed to show clearly the following in-
formation
1) The location and area of all areas to be con-
veyed or dedicated to the public, or to be re-
served for common open spaces, recreation
areas, school sites, or other public or semi-
public uses;
2) Existing or proposed pedestrian circulation
system and a showing of its interrelation to
the vehicular traffic system for the Planned
Unit Development.
4-110.8.4 Such additional information as may be re-
quired by the Planning and Zoning Commission
where it reasonably considers such information
necessary to make the determinations required
under 4-110.10 of this Section.
Section 4-110.9 Coordination of Planned Unit Development
Procedures and Standards With Subdivision
Plat Approval
Whenever a Planned Unit Development proposal in-
volves a subdivision or subdivisions of land subject to
the City of Dubuque Subdivision Ordinance No. 65-57
as amended, the following provisions shall apply:
1) Application for subdivision approval shall be made
concurrently with the request for Planned Unit De-
velopment District rezoning, it being the intent of
this ordinance that the provisions relating to
Planned Unit Developments should be read in pari
2527
§ 4-110 DUBUQUE CODE § 4-110
materia with consistent provisions and regulations
of the Subdivision Ordinance. However, whenever
the standards, procedures or requirements of this
ordinance are inconsistent with the standards, pro-
cedures or requirements of the Subdivision Ordi-
nance, the provisions of this ordinance shall be
applied.
2) Preliminary plats for subdivisions shall be sub-
mitted with the Preliminary Development Plan and
shall be in the same form, and subject to the same
regulations and review standards as are imposed
by Article II and Article III of the Subdivision
Ordinance, except that the regulations and stand-
ards of such ordinance pertaining to street widths,
street grades, and lot areas and dimensions shall
not apply. Approval of the Preliminary Develop-
ment Plan shall constitute approval of the pre-
liminary plats submitted therewith. The Prelim-
inary Development Plan may be disapproved when-
ever it appears that the preliminary plats fail to
conform to the applicable provisions of the Sub-
division Ordinance.
3) Final plats shall be submitted for Commission re-
view concurrently with the Final Development
Plan for the Planned Unit Development, and shall
be subject to all provisions of the Subdivision Ordi-
nance pertaining to such plats. Approval of, the
Final Development Plan shall constitute approval
of all final plats submitted in connection with such
plan. The Final Development Plan may be disap-
proved whenever it appears that the final plats
fail to conform to the applicable provisions of the
Subdivision Ordinance.
Section 4-110.10 Required Standards for Preliminary De-
velopment Plan Approval
4-110.10.1 Application Standards
The Commission shall not recommend approval of
any Preliminary Development Plan unless and
2528
§ 4-110 APPENDIX A -ZONING § 4-110
until it determines on the basis of specific facts
presented at the public hearing or contained in the
Preliminary Development Plan that the proposed
Planned Unit Development is in conformance with:
1) the general design standards imposed by Sec-
tion 4-110.10.2; 2) the specific district design
standards contained in Section 4-110.10.3; and 3)
the general review standards of Section 4-110.10.4.
Preliminary Development Plans for Planned Unit
Developments not conforming to such standards
will be disapproved.
4-110.10.2 Minimum Design Standards Applicable to
All Planned Unit Developments
1) Functional Street Design Standards: All pro-
posed streets in the Preliminary Development
Plan shall be classified by the City Develop-
ment Planner as either place streets, lane
streets, subcollector streets, collector streets,
or arterial streets based on the Average Daily
Traffic (ADT) load expected for the useful
life of the street. In making such . classifica-
tion, the City Development Planner shall con-
sider all relevant factors bearing on the prob-
able useage of each street, including the type
and number of dwelling units or other uses to
be served by the road, its connection, if any,
with other streets in the area, and the short -
and long-range objectives of the Comprehen-
sive Plan concerning future traffic patterns
for the neighborhood and region. Functional
Design standards for each street classification
shall be as follows :
2529
§ 4410 DUBUQUE CODE § 4-110
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Variation From Functional Street Design
Standards: When Permitted: After receiving
the recommendations of the City Fire Chief
and the City Engineer, the Planning and
Zoning Commission may allow variation from
the minimum required pavement or right-of-
way width or the maximum permissible grade
for a proposed street where the Commission
determines that a) the proposed design is ade-
quate in light of the volume and type of traf-
fic use expected; and b) the public health,
safety and welfare will not be jeopardized;
and c) such variation is necessary due to un-
usual topographic or other conditions and will
not promote the purposes of the Planned Unit
Development District.
2) Additional Street Design Standards Applicable
to All Streets: In addition to meeting the
Functional Street Design Standards set forth
in Section 4-110.10.2(1) above, all proposed
streets in the Preliminary Development Plan
shall be planned and designed in substantial
conformance with the following design princi-
ples :
Steep Slope Areas: Streets located in areas of
steep slopes or rough terrain should be de-
signed a) to follow insofar as practicable the
natural land contours; and b) to reduce as
much as possible soil erosion during and after
construction of the street by avoiding unneces-
sary cutting and filling.
Street Alignment: New streets should, when-
ever feasible, be so aligned as to be direct
continuations of existing streets. Intersecting
streets should meet at right angles whenever
possible.
3) Utility Design: All electrical service lines, gas
lines or other utility service systems shall be
placed underground.
2531
§ 4-110 DUBUQUE CODE § 4-110
4-110.10.3 Specific Planned Unit Development District
Design Standards
In addition to meeting the general design standards
for all Planned Unit Developments contained in
Section 4-110.10.2, each Preliminary Development
Plan shall, as a condition to approval by the Com-
mission, meet the specific design standards and
regulations for the underlying zone in which the
Planned Unit Development is located, as set forth
in Table 4-110.10.3, hereby adopted by reference
and declared to be a part of this ordinance.
2532
§ 4-110
4-110.10.3 Specific Planned Unit Development Standards
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2534
§ 4-110 APPENDIX A -ZONING =§ 4-110
4-110.10.4 General Review Standards Applicable to All
Preliminary Development Plans
In addition to determining that the Preliminary
Development Plan meets the required design stand-
ards imposed by Section 4-110.10.2 and Section
4-110.10.3, the Commission shall not approve a
Preliminary Development unless and until it de-
termines that the following general review stand-
ards are met :
1) The proposed Planned Unit Development, re-
viewed as a whole, represents a reasonable and
appropriate plan for the integrated develop-
ment of the property which will tend to pro-
mote the purposes of the Planned Unit De-
velopment District and the purposes of this
ordinance.
2) The proposed Planned Unit Development is
consistent with the Comprehensive Plan for
the City and will contribute to the orderly and
harmonious growth of the City.
3) The proposed Planned Unit Development will
not have an adverse impact upon the property
value or appropriate use of the surrounding
property, and adequate perimeter treatment or
other measures will be taken to avoid such
adverse impacts.
4) The proposed Planned Unit Development rep-
resents a carefully considered plan that will
result in the appropriate and harmonious use
of the natural land characteristics of the
site.
4-110.10.5 Special Review Standards for Expansion of
Existing C-6 Commercial Districts or Uses
Contained Therein
Where a Planned Unit Development plan is re-
quired by Section 4-117.6 for the expansion of a
2535
§ 4-110 DUBUQUE CODE § 4410
C-6 Commercial District or for the expansion of
uses contained therein, the following additional
Preliminary Development Plan review standards
shall be applied in addition to the other applicable
standards of Sections 4-110.10.2, 4-110.10.3, and
4-110.10.4 of this Section :
1) Full off-street parking space requirements
must be met for the entire District including
those instances where the existing district or
use(s) to be expanded is non -conforming as
regards such requirements. In addition, both
new and existing parking facilities must com-
ply with all standards of Section 5-103.6.1 of
this ordinance concerning parking lot stand-
ards, including planting, screening, paving,
and other requirements.
2) The proposed addition will not be likely to
overburden existing public streets giving ac-
cess to the C-6 District.
Section 4-110.11 Action on the Preliminary Development
Plan
4-110.11.1 Approval, Disapproval, or Conditional Ap-
proval of the Preliminary Development Plan
by the Commission
With due diligence following the hearing on the
Preliminary Development Plan, the Commission
shall move to recommend approval, conditional ap-
proval, or disapproval of the application for
Planned Unit Development rezoning. The Commis-
sion may approve the Preliminary Development
Plan whenever it determines that such plan is in
conformance with the standards and regulations of
the Planned Unit Development District and will
promote the public welfare. The Commission may
in addition impose such additional conditions, re-
quirements, or limitations upon its approval of the
Preliminary Development Plan as it reasonably
2536
§ 4-110
APPENDIX A -ZONING § 4-110
considers necessary to effectuate the purposes of
the Planned Unit Development District and this
ordinance. The Commission shall disapprove the
Preliminary Development Plan when it determines
that such plan is not in conformance with the
standards and regulations of the Planned Unit
Development District. The Commission shall trans-
mit in writing its recommendation to the City
Council and to the applicant, specifying the condi-
tions, requirements, or limitations imposed upon
its approval, if any, or the specific grounds for
disapproval, if any.
4-110.11.2 Council Action on the Preliminary Develop-
ment Plan
Upon receiving the recommendation of the Com-
mission, the City Council shall act in the manner
provided by law to approve or disapprove the re-
quested zoning reclassification of the property.
The affirmative vote of at least three-fourths of
all the membership of the Council shall be neces-
sary to approve the Preliminary Development Plan
when the Commission has recommended disap-
proval thereof, or to remove any conditions, re-
quirements, or limitations imposed by the Com-
mission in approving the Preliminary Develop-
ment Plan.
4-110.11.3 Effect of Council Action
Approval: If the Preliminary Development Plan is
approved by Council, the property shall be tenta-
tively reclassified to the appropriate Planned Unit
Development classification. Such approval and
tentative reclassification shall not in any case au-
thorize the issuance of a building permit for the
proposed Planned Unit Development, but shall
only constitute a determination by the Council
that the proposed Planned Unit Development is in
conformance with the purposes and standards of
this ordinance and would promote the public wel-
2537
§ 4410 DUBUQUE CODE § 4-110
fare if constructed in substantial conformance
with the Preliminary Development Plan and all
conditions or limitations attached thereto. Building
permits for construction of the Planned Unit De-
velopment may only be issued following the sub-
mission and approval of a Final Development Plan
for the property as provided in Section 4-110.12.
The tentative approval and reclassification of the
property shall in all cases be expressly conditioned
upon the submission by the developer of such
Final Development Plan within six (6) months
following the Council's action. If the developer
fails to submit a Final Development Plan within
such six (6) months period, which may be ex-
tended by the Council for up to six (6) additional
months upon a showing of good cause, the tentative
reclassification of the property shall lapse and the
property shall automatically revert to its former
zoning classification.
Disapproval: If the Council disapproves the Pre-
liminary Development Plan, no reapplication for
Planned Unit Development District reclassification
may be filed for a period of three (3) months fol-
lowing such disapproval.
Section 4-110.12 Final Development Plan Procedures and
Standards
4-110.12.1 General Statement of Intent
The purpose of the Final Development Plan is to
require the developer to submit the final detailed
plans and specifications of the proposed Planned
Unit Development for administrative review by
the Commission in order to determine that such
final plans and specifications are in substantial
conformity with the approved Preliminary Devel-
opment Plan. The Final Development Plan is also
intended to serve as a formal record of the specific
terms and standards under which development of
the property is permitted. The Final Development
2538
§ 4-110
APPENDIX A—ZONING § 4-110
Plan will be approved by the Commission when
such plan does not substantially alter the character
of the Planned Unit Development as set forth in
the Preliminary Development Plan. Conformity to
the Preliminary Development Plan shall be judged
by the standards set forth in this Section. Final
Development Plans not meeting the standards of
this Section will be disapproved.
4-110.12.2 Procedures for Final Development Plan Re-
view
At any time within the six (6) months following
Council approval of the Preliminary Development
Plan, formal application for review of a Final
Development Plan may be made by filing with the
Planning and Zoning Commission two (2) com-
pleted copies of the official form for such applica-
tion and two (2) copies of a Final Development
Plan for the Planned Unit Development containing
all information required by Section 4-110.12.3, to-
gether with payment of the fee specified for such
application by Article X of this ordinance. Official
application forms shall be available without cost
from the City Planning Department.
4-110.12.3 Required Contents of the Final Development
Plan
In order to be considered for review by the Com-
mission, the Final Development Plan must contain
all of the following items of information:
1) All pertinent information required to be sub-
mitted in connection with the Preliminary De-
velopment Plan, plus : final details and specifi-
cations of all landscaping and planting op-
erations to be performed; full final street or
other roadway •dimensions, profiles, and speci-
fications; final specifications and profiles of
all sanitary and storm sewers and all water
Supp. No. 10
2539
§ 4-110 DUBUQUE CODE § 4-110
distribution systems; final location and dimen-
sions of all easements and rights-of-way.
2) All documents, legal instruments, or papers
including Home Owner's Association Articles
of Incorporation, improvement bonds, restric-
tive covenants, contracts, or other written ma-
terials necessary to show full compliance with
the standards of Section 4-110.12.4.
3) Such additional information as may be re-
quested by the Commission where it reason-
ably considers such information necessary to
properly make the determinations required
under Section 4-110.12.4.
4-110.12.4 Review Standards for Final Development
Plan
Supp. No. 10
4-110.12.4.1 Application of Standards
The Commission shall not approve the Final
Development Plan unless and until it de-
termines that such plan complies with the
standards set forth in this Section.
4-110.12.4.2 Substantial Conformance to Prelim-
inary Development Plan Required
The Final Development Plan for the Planned
Unit Development must be in substantial con-
formance with the approved Preliminary De-
velopment Plan. A Final Development Plan
shall not be deemed to be in substantial con-
formance with the Preliminary Development
if it :
1) Violates any provision of this ordinance
or any of the standards and requirements
of Section 4-110.10 ; or
2) So alters the overall Planned Unit De-
velopment design or any significant por-
tion thereof as to materially change the
basic character, function, or appearance
2540
§ 4-110
Supp. No. 10
APPENDIX A—ZONING § 4-110
of the Planned Unit Development as set
forth in the Preliminary Development
Plan. (Ord. No. 24-81, § 1, 5-18-81)
4-110.12.4.3 Standards for the Insurance of Open
Space Integrity
The Final Development Plan must be accom-
panied by legal instruments sufficient to guar-
antee that all open space in the Planned Unit
Development and all useable open space will
remain intact as such and will not be devoted
to other uses or altered so as to change its
basic character. Such legal instruments must
specifically provide that the open space guar-
antees may be enforced by both the City and
by any residents of the Planned Unit Develop-
ment for whose use and benefit the open space
was intended. All such documents and instru-
ments must be examined and approved by the
City Attorney as to their form and legal effect
as a condition to approval of the Final De-
velopment Plan.
4-110.12.4.4 Standards To Insure the Continued
Maintenance of Common Property,
Private Streets, and Useable Open
Space
Common Property and Useable Open Space:
The Final Development Plan must be accom-
panied by legal instruments sufficient to guar-
antee that all property to be held as common
property will be cared for and maintained for
its intended purpose. Such guarantees must be
enforceable by both the common owners of the
property and by the City at the common own-
er's cost where the common owners fail to
properly maintain the property.
Legal instruments creating these guarantees
must be examined and approved by the City
2541
§ 4-110 DUBUQUE CODE § 4-110
Supp. No. 10
Attorney as to their form and legal effect as
a condition to approval of the Final Develop-
ment Plan.
Private Streets: Any streets within the
Planned Unit Development serving two or
more lots to be held in separate ownership
must be dedicated to the public. Where a pri-
vate street is proposed, the Final Develop-
ment Plan must be accompanied by legal in-
struments sufficient to insure
1) that the City may enter such street at any
time to provide necessary emergency serv-
ices or other services or duties which it
may be obligated by law to perform on
the premises; and
2) that the City may enter the street and
perform necessary maintenance whenever
the private owner fails to do so, and as-
sess all costs involved to such owner; and
3) that no portion of the property serviced
by such private street may be subdivided
or transferred so as to create two lots
held in separate ownership without auto-
matic dedication of such street to the
City.
2542
§ 4-110
APPENDIX A—ZONING § 4-110
4-110.12.4.5 Standards To Insure Occupancy in
Housing for the Elderly
For a Planned Unit Development including
Housing for the Elderly, the Final Develop-
ment Plan must be accompanied by a cov-
enant, approved as to form by the City Soli-
citor, in which the property owner shall cov-
enant on behalf of himself, his heirs, execu-
tors, and assigns not to use the property for
any other use unless said use complies with
the off-street parking requirements as speci-
fied herein. (Ord. No. 12-78, § 3, 3-20-78)
4-110.12.5 Commission Action on the Final Develop-
ment Plan
Supp. No. 3
4-110.12.5.1 Approval, Conditional Approval, or
Disapproval
With due diligence following submission of the
completed application for Final Development
Plan review, the Commission shall act to ap-
prove, conditionally approve, or disapprove
the Final Development Plan. The Commission
shall approve the Final Development Plan
whenever it determines that such plan is in
conformance with the standards of Section
4-110.12.4. The Commission may in addition
impose such additional conditions, limitations
or requirements upon its approval of the Final
Development Plan as it reasonably considers
necessary to insure full compliance with the
standards of Section 4-110.12.4 and to ef-
fectuate the purposes of the Planned Unit De-
velopment District. The Commission shall dis-
approve the Final Development Plan whenever
it determines that the plan as presented does
not conform to the standards of Section 4-110.-
12.4. The Commission shall transmit written
notice of the action taken in regard to the
2543
§ 4-110 DUBUQUE CODE § 4-110
Final Development Plan to the applicant and
to the City Council, specifying the conditions,
limitations, or requirements imposed upon its
approval, if any, or the specific grounds for
disapproval, if any.
4-110.12.5.2 Bonding Requirement
As a condition to approval of any Final De-
velopment Plan, the Commission with Council
approval may require that the applicant fur-
nish sufficient bond or other appropriate se-
curity to insure :
1) the proper and timely installation and
maintenance of all necessary improve-
ments to be made on the property; or
2) substantial compliance with the construc-
tion schedule set forth in the Final De-
velopment Plan ; or
3) substantial compliance with the landscap-
ing and planting schedule set forth in the
Final Development Plan; or
4) compliance with any other material pro-
gram or aspect of the Final Development
Plan which the Commission regards as in-
dispensable to maintenance of the nature
and character of the Planned Unit De-
velopment.
4-110.12.5.3 Effect of Commission Action
Approval or Conditional Approval: The effect
of approval or conditional approval by the
Commission of the Final Development Plan
shall be to authorize the issuance of a building
permit for the construction of the Planned
Unit Development in conformance to the Final
Development Plan and subject to any condi-
Supp. No. 3
2544
§ 4-110
APPENDIX A—ZONING § 4-110
tions, limitations or requirements attached
thereto.
Disapproval: If the Final Development Plan is
disapproved by the Commission, no building
permit may be issued for the property.
The applicant may, however, within the three
(3) months immediately following such dis-
approval resubmit without prejudice an
amended Final Development Plan for the pro-
posed Planned Unit Development for consid-
eration by the Commission. If no amended
Final Development Plan for the property is
submitted within such three (3) month period,
which may be extended by the Commission for
up to two (2) additional months upon a show-
ing of good cause, approval of the Preliminary
Development Plan and the tentative zoning re-
classification of the property shall automati-
cally lapse, and the property shall automati-
cally revert to the zoning classification in
effect prior to Council approval of the Pre-
liminary Development Plan.
4-110.12.6 Substantial Conformance to Final Develop-
ment Plan Required
No construction may take place on the property
for which a Final Development Plan has been ap-
proved except in substantial conformance with
the provisions of such plan and in conformance
with all conditions, limitations or requirements
attached thereto pursuant to the provisions of
Section 4-110.12.5. Upon receiving the advice and
recommendation of the City Development Planner,
the Zoning Administrator may authorize minor
changes in the location, siting, or external appear-
ance of buildings, structures or improvements
within the Planned Unit Development where such
minor changes are necessary due to conditions not
Supp. No. 3
2545
§ 4-110
DUBUQUE CODE § 4-111
known at the time of Final Development Plan ap-
proval. Such minor changes may not, however,
permit violations of any of the provisions or stand-
ards of the Planned Unit Development District or
involve changes in the major functional or design
elements of the Planned Unit Development.
Changes or variations from the Final Development
Plan other than minor changes as defined above
may only be made by re -submission of an amended
Final Development Plan and approval by the Com-
mission.
Time Limitation on Construction of the Planned
Unit Development: Approval of a Final Develop-
ment Plan shall only be valid for a period of six
(6) months, which period of validity may be ex-
tended by the Commission for not more than six
(6) additional months upon a showing of good
cause. If construction of the Planned Unit De-
velopment has not commenced within such period
of validity, approval of the Final Development
Plan and tentative reclassification of the property
shall lapse, and the property shall automatically
revert to the zoning classification it had prior to
approval of the Preliminary Development Plan.
Section 4-111 Special Planning Districts
.4-111.1 General Provisions
4-111.1.1 General Statement of Intent
It is the intent of this section to permit the creation
of Special Planning Districts in general areas or
on individual sites or groups of sites where special
and substantial public interest requires the appli-
cation of specialized regulations.
The areas and sites which require specialized
treatment may include but are not limited to :
1) Areas and sites which are environmentally
sensitive ;
Supp. No. 3
2546
§ 4-111 APPENDIX A—ZONING § 4-111
2) Areas and sites where the potential for the
most suitable ultimate development must be
protected while providing for existing develop-
ment ; or
3) Areas and sites which have been or are in
danger of becoming adversely impacted by
overintensive development, traffic congestion,
blight, or inadequate public facilities.
It is further intended that such Special Planning
Districts and regulations shall be consistent with
and promote the purposes set forth in the Compre-
hensive Plan and other officially adopted plans and
policies of the City. (Ord. No. 39-78, § 2, 6-28-78)
4-111.1.2 Effect of Special Planning District Designa-
tion
Special Planning Districts may, to the extent indi-
cated in the particular Special Planning District
provisions, either :
1) Overlay: Modify requirements, regulations,
and procedures applying in existing districts
or districts hereafter created and remaining
after the Special Planning Districts are super-
imposed upon them ; or
2) Replace: Supplant districts or portions of dis-
tricts existing at the time of creation of a
particular Special Planning District. (Ord. No.
39-78, § 3, 6-28-78)
4-111.1.3 Special Plan Approval
Each Special Planning District may require a sub-
mission of detailed site plans, building plans and
maps and special approval of such plans by the
Planning and Zoning Commission, Planning De-
partment, City Council, or other officials or agen-
cies of the City. Where special approval is required,
no building permit or certificate of occupancy shall
be issued until after written approval. In any event,
Supp. No. 3
2547
§ 4-111 DUBUQUE CODE § 4-111
no building permit or certificate of occupancy shall
be issued for development other than in accord
with approved plans and instruments. (Ord. No.
39-78, § 4, 6-28-78)
4-111.2 Special Flood Hazard Overlay Districts
4-111.2.1 General Statement of Intent
The provisions of this section are intended to pro-
mote the public health, safety, and general welfare
and to minimize the extent of floods and the losses
incurred in flood hazard areas. The regulations of
this section are designed to :
1) Restrict or prohibit uses which are dangerous
to health, safety, or property in times of flood-
ing or cause undue increases in flood heights
or velocities ;
2) Require that uses vulnerable to floods, includ-
ing public facilities which serve such uses, be
provided with flood protection at the time of
initial construction ;
3) Protect individuals from buying lands which
are unsuited for intended purposes because of
flood hazard; and
4) Assure that eligibility is maintained for prop-
erty owners in the City to purchase flood in-
surance in the National Flood Insurance Pro-
gram. (Ord. No. 40-78, § 1, 6-28-78)
4-111.2.2 Supplemental Definitions
Channel: A natural or artificial watercourse of
perceptible extent, with a definite bed and banks
to confine and conduct continuously or periodically
flowing water. Channel flow, thus, is that water
which is flowing within the limits of a defined
channel.
Development: Any man-made change to im-
proved or unimproved real estate, including, but
Supp. No. 3
2548
§ 4-111 APPENDIX A—ZONING § 4-111
Supp. No. 3
not limited to, buildings or other structures, min-
ing, dredging, filling, grading, paving, excavation
or drilling operations.
Flood: A temporary rise in a stream's flow or
stage that results in water overlapping its banks
and inundating areas adjacent to the channel; an
unusual and rapid accumulation of runoff or sur-
face waters from any source.
Flood Insurance Rate Map (FIRM) : An official
map of a community, on which the Flood Insurance
Study has delineated the Flood Hazard Boundaries
and the zones establishing insurance rates applica-
ble to the community.
Flood Insurance Study (FIS) : The official re-
port provided by the Federal Insurance Admin-
istration. The report contains flood profiles, as well
as the Flood Boundary-Floodway Map and the wa-
ter surface elevation of the base flood.
Floodproofing: Any combination of structural
and nonstructural additions, changes or adjust-
ments to structures, including utility and sanitary
facilities, which would preclude the entry of water.
Structural components shall have the capability of
resisting hydrostatic and hydrodynamic loads and
the effect of buoyance.
Floodway: The channel of a river or other water-
course and the adjacent portion of the floodplain
that must be reserved in order to discharge the
100 -year flood without cumulatively increasing the
water surface elevation more than one (1) foot at
any point, assuming equal conveyance reduction
outside the channel from the two (2) sides of the
floodplain.
Floodway Fringe: That area of the floodplain,
outside of the floodway, that on the average is
likely to be flooded once every one hundred (100)
2548.1
§ 4-111 DUBUQUE CODE § 4-111
Supp. No. 3
years (i.e., that has a one (1) percent chance of
flood occurrence in any one (1) year).
Mobile Home: A structure, transportable in one
(1) or more sections, which is built on a perma-
nent chassis and designed to be used with or with-
out a permanent foundation when connected to the
required utilities. It does not include recreational
vehicles or travel trailers.
Mobile Home Park (Subdivision) : "Mobile Home
Subdivision" means a parcel (or contiguous parcels)
of land which has been divided into two (2) or
more lots for rent or sale and the placement of
mobile homes.
New Construction: New construction means
those structures where new construction or sub-
stantial improvement of which is begun after the
effective date of this ordinance.
Regulatory Flood Elevation: Elevation indicated
on the FIRM as the elevation of the 100 -year flood.
Regulatory Flood -Protection Elevation: An ele-
vation one (1) foot higher than the water surface
elevation of the regulatory flood.
Structure: A walled and roofed structure includ-
ing a gas or liquid storage tank that is principally
above the ground, including, but without limitation
to, buildings, factories, sheds, cabins, mobile homes,
and other similar uses.
Substantial Improvement: "Substantial Improve-
ment" means any repair, reconstruction, or im-
provement of a structure, the cost of which equals
or exceeds fifty (50) percent of the market value
of the structure either :
(a) Before the improvement is started; or
(b) If the structure has been damaged and is being
restored, before the damage occurred.
2548.2
§ 4-111 APPENDIX A—ZONING § 4-111
For the purpose of this definition, "substantial im-
provement" is considered to occur when the first
alteration of any wall, ceiling, floor, or other
structural part of the building commences, whether
or not that alteration affects the external dimen-
sions of the structure. The term does not, however,
include any alteration to comply with existing state
or local health, sanitary, building, or safety codes
or regulations.
100 -Year Flood: The base flood having a one
(1) percent chance of annual occurrence. (Ord. No.
40-78, § 1, 6-28-78)
4-111.2.3 General Provisions
1) Adoption of Flood Maps and Flood Insurance
Study—The City of Dubuque hereby adopts
the Flood Insurance Rate Map, the Flood
Boundary and Floodway Map, and the Flood
Insurance Study dated October 31, 1975, pro-
vided by the Federal Insurance Administra-
tion as the official documents.
2) Lands to Which Section Applies—This section
shall apply to all lands within the jurisdiction
of the City of Dubuque identified on the Flood
Insurance Rate Map as numbered and unnum-
bered A Zones and within the Flood Hazard
Overlay Districts established in Section 4-111.-
2.4.
Supp. No. 3
3) Interpretation—In their interpretation and
application, the provisions of this section shall
be held to be minimum requirements and shall
not be deemed a limitation or repeal of any
other powers granted by state statutes.
4) Warning and Disclaimer of Liability—The de-
gree of flood protection required by this sec-
tion is considered reasonable for regulatory
purposes and is based on engineering and
scientific methods of study. Larger floods may
2548.3
§ 4-111 DUBUQUE CODE § 4-111
occur on rare occasions or the flood heights
may be increased by man-made or natural
causes, such as ice jams or bridge openings
restricted by debris. This section does not im-
ply that areas outside the flood hazard over-
lay districts or land uses permitted within
such districts will be free from flooding or
flood damages. This section shall not create
liability on the part of the City of Dubuque
or any officer or employee thereof for any
flood damages that may result from reliance
on this section or any administrative decision
lawfully made thereunder. (Ord. No. 40-78, §
1, 6-28-78)
4-111.2.4 Establishment of Flood Hazard Overlay Dis-
tricts
There are hereby established a Floodway Overlay
District (FW) and a Floodway Fringe Overlay Dis-
trict (FF) whose boundaries shall be consistent
with the numbered and unnumbered A Zones as
identified on the Flood Insurance Rate Map and in
the Flood Insurance Study provided by the Federal
Insurance Administration. Within these districts
all uses not meeting the standards of this section
and those standards of the underlying zoning dis-
trict shall be prohibited. (Ord. No. 40-78, § 1,
6-28-78)
4-111.2.5 Standard for the Floodway Overlay District
(FW) and the Floodway Fringe Overlay Dis-
trict (FF)
1) General Standards—
a) All new construction including mobile
homes and substantial improvements shall
be anchored to prevent flotation, collapse
or lateral movement of the structure ;
b) All new construction and substantial im-
provements shall be constructed with ma -
Supp. No. 3
2548.4
§ 4-111 APPENDIX A—ZONING § 4-111
Supp. No. 3
terials and utility equipment resistant to
flood damage;
c) All new construction or substantial im-
provements shall be constructed by meth-
ods and practices that minimize flood
damage;
d) All new and replacement water supply
systems shall be designed to minimize or
eliminate infiltration of floodwaters into
the system ;
e) New and replacement sanitary sewerage
systems shall be designed to minimize or
eliminate infiltration of floodwaters into
the systems and discharges from the sys-
tems into floodwaters; and
f) All new and replacement on-site waste
disposal systems shall be located to avoid
impairment to them or contamination
from them during flooding.
2) Specific Standards—
a) Storage of material and equipment—
(1) The storage or processing of materi-
als that in time of flooding are
buoyant, flammable, explosive, or
could be injurious to human, animal,
or plant life is prohibited.
(2) The storage of other material or
equipment may be allowed if not sub-
ject to major damage by floods and
firmly anchored to prevent flotation
or if readily removable from the area
within the time available after flood
warning.
b) Subdivision proposals—
(1) All subdivision proposals shall be
consistent with the need to minimize
flood damage.
2548.5
§ 4-111 DUBUQUE CODE § 4-111
(2) All subdivision proposals shall have
public utilities and facilities such as
sewer, gas, electrical, and water sys-
tems located and constructed to mini-
mize flood damage.
(3) All subdivision proposals shall have
adequate drainage provided to reduce
exposure to flood hazards.
(4) The subdivider shall provide the reg-
ulatory flood protection elevation for
each subdivision proposal of five (5)
acres or fifty (50) lots, whichever is
lesser. (Ord. No. 40-78, § 1, 6-28-78)
4-111.2.6 Floodway Fringe Overlay District (FF)
1) Permitted Uses—Any use permitted in the
underlying district that shall be permitted in
the Floodway Fringe Overlay District (FF)
provided that no use shall be permitted in the
district unless the standards of this section
and Section 4-111.2.5 are met.
Supp. No. 3
2) Standards for the Floodway Fringe Overlay
District (FF)—
a) All new construction or substantial im-
provements of residential structures shall
have the lowest floor, including basement,
elevated to or above [the base floor eleva-
tion] .
b) All new construction or substantial im-
provements of nonresidential structures
shall have the lowest floor, including base-
ment, elevated to or above the regulatory
flood protection elevation or, together
with attendant utility and sanitary facili-
ties, be floodproofed up to that level.
c) Within Zones AO all new construction and
substantial improvements of residential
2548.6
§ 4-111
Supp. No. 3
APPENDIX A—ZONING § 4-111
structures shall have the lowest floor, in-
cluding basement, elevated above the
crown of the nearest street or above the
depth number specified on the official
Flood Insurance Rate Map.
d) Nonresidential structures within Zones
A0, together with attendant utility and
sanitary facilities, may be floodproofed
to or above the depth number specified on
the official Flood Insurance Rate Map.
e) For new mobile home parks, mobile home
subdivisions, or expansions [of] the same,
and for new mobile homes not in a mobile
home park, and for existing mobile home
parks where the repair, reconstruction, or
improvement of streets, utilities, and pads
equals or exceeds fifty (50) percent of the
value of the streets, utilities and pads
before the repair, reconstruction or im-
provement has commenced, it is required
that :
(1) Specific anchoring standards be met:
(a) Over -the -top ties be provided at
each of the four (4) corners of
the mobile home with two (2)
additional ties per side of the
[home at] intermediate locations
and mobile homes less than fifty
(50) feet long requiring one (1)
additional tie per side.
(b) Frame ties be provided at each
corner of the home with five (5)
additional ties per side at inter-
mediate points and mobile homes
less than fifty (50) feet long re-
quiring four (4) additional ties
per side.
2548.7
§ 4-111 DUBUQUE CODE § 4-111
(c) All components of the anchoring
system be capable of carrying a
force of forty-eight hundred
(4800) pounds.
(d) Any additions to mobile homes
be similarly anchored.
(2) Stands or lots are elevated on com-
pacted fill or piers so that the lowest
floor of the structure will be at or
above the regulatory flood protection
elevation.
(3) Adequate surface drainage and easy
access for a hauler is provided.
(4) In the instance of elevation on piers,
lots are large enough to permit steps,
pier foundations are placed on stable
soil no more than ten (10) feet apart
and steel reinforcement is provided
for piers more than six (6) feet high.
(Ord. No. 40-78, § 1, 6-28-78)
4-111.2.7 Floodway Overlay District (FW)
1) Permitted Uses—Only the following uses hav-
ing a low flood -damage potential and not ob-
structing flood flows shall be permitted within
the Floodway Overlay District (FW) to the
extent that they are not prohibited by any
other ordinance and provided they do not re-
quire structures, fill, or storage of materials
or equipment. No use shall increase the flood
levels of the regulator flood elevation. These
uses are subject to the standards of Section
4-111.2.5 and Section 4-111.2.6.
a) Agricultural uses such as general farm-
ing, pasture, nurseries, forestry.
b) Residential uses such as lawns, gardens,
parking, and play areas.
Supp. No. 3
2548.8
§ 4-111 APPENDIX A—ZONING § 4-111
c) Nonresidential areas such as loading
areas, parking, airport landing strips.
d) Public and private recreational uses such
as golf courses, archery ranges, picnic
grounds, parks, wildlife and natural pre-
serves.
e) Streets, overhead utility lines, creek and
storm drainage facilities, sewage treat-
ment plant outlets, water supply intake
structures, and other similar public or
utility uses.
f) Boat docks, ramps, piers for publicly
owned structures.
g)
Dams, provided they are constructed in
accordance with the regulations of the
City of Dubuque, the Iowa Natural Re-
sources Council and other State and Fed-
eral agencies.
h) Placement of mobile homes is prohibited
in the floodway, except in existing mobile
home parks and existing mobile home sub-
divisions. (Ord. No. 40-78, § 1, 6-28-78)
4-111.2.8 Administration
1) Permit Required—No person, firm or corpor-
ation shall initiate any development or sub-
stantial improvement or cause the same to be
done without first obtaining a separate permit
for development for each building or struc-
ture.
Supp. No. 3
2) Application for Permit—To obtain a permit,
the applicant shall first file an application in
writing on a form furnished for that purpose.
Every such application shall :
a) Identify and describe the work to be cov-
ered by the permit.
2548.9
§ 4-111 DUBUQUE CODE § 4-111
Supp. No. 3
b) Describe the land on which the proposed
work is to be done by lot, block, tract and
street address or similar description that
will readily identify and definitely locate
the proposed building or work.
c) Indicate the use or occupancy for which
the proposed work is intended.
d) Be accompanied by plans and specifica-
tions for proposed construction.
e) Be signed by the permittee or his au-
thorized agent who may be required to
submit evidence to indicate such author-
ity.
f) Give such other information as may reas-
onably be required by the City Manager
or his appointed designee.
3) Administrator of this Section—The City Man-
ager or his appointed designee is hereby ap-
pointed to administer and implement the pro-
visions of this section. The duties of the City
Manager or his appointed designee shall in-
clude, but not be limited to :
a) Review of all development permits to
assure that sites are reasonably safe from
flooding and that the permit requirements
of this section have been satisfied;
b) Review of all development permits to as-
sure that all necessary permits have been
obtained from Federal, State, or local
governmental agencies from which prior
approval is required ;
c) Notify adjacent communities and the
Iowa Natural Resources Council prior to
any alteration or relocation of a water-
course, and [he] shall submit evidence of
2548.10
§ 4-111 APPENDIX A—ZONING § 4-111
Supp. No. 3
such notification to the Federal Insurance
Administration ;
d) Assure that maintenance is provided
within the altered or relocated portion of
said watercourse so that the flood -carry-
ing capacity is not diminished ;
e) Verify and record the actual elevation (in
relation to mean sea level) of the lowest
floor (including the basement) of all new
or substantially improved structures;
f) Verify and record the actual elevation (in
relation to mean sea level) to which the
new or substantially improved structures
have been floodproofed; and
g) When floodproofing is utilized for a par-
ticular structure, the City Manager or his
appointed designee shall be presented cer-
tification from a registered professional
engineer or architect.
4) Appeals—Appeals may be made to the Board
of Adjustment by any person aggrieved or
any municipal officer, department, board or
bureau affected by any order, requirement,
decision or determination made by the City
Manager or his appointed designee in the ad-
ministration or enforcement of this section.
Such appeals shall be made in accordance with
the provisions of Section 6-105.
5) Variances—
a) Authorization—The Board of Adjustment
may authorize a variance from the strict
application of any provision of this sec-
tion, provided that such a variance may
only be granted upon:
(1) A showing of good and sufficient
cause;
2548.11
§ 4-111 DUBUQUE CODE § 4-111
Supp. No. 3
(2) A determination that failure to grant
the variance would result in excep-
tional hardship to the applicant; and
(3) A determination that the variance
issuance will not result in increased
flood heights, additional threats to
public safety, extraordinary public
expense, will not create nuisances,
cause fraud on or victimization of the
public, or conflict with existing local
or state laws or ordinances; and
(4) Approval of the variance by the Iowa
Natural Resources Council.
No variance shall have the effect of allow-
ing in any zoning district uses not per-
mitted in that district by either this sec-
tion or any other section of this ordi-
nance.
b) Procedure and standards—Request for
variance shall be made in accordance with
the procedures and standards set forth in
Section 6-107.
c) Technical assistance—The Board of Ad-
justment in its review of a variance re-
quest, and prior to rendering its decision,
shall transmit one (1) copy of the appli-
cation and supplemental information to
the City Engineer for technical assistance
in evaluating the proposed variance.
d) Notice to the applicant—The City Man-
ager or his appointed designee shall notify
the variance applicant in writing that the
issuance of a variance to construct a
structure below the 100 -year flood level
will result in increased actuarial rates for
flood insurance coverage and that such
2548.12
§ 4-111 APPENDIX A—ZONING § 4-112
construction increases risks to life and
property. The applicant will provide writ-
ten and notarized acknowledgement of
such notification. (Ord. No. 40-78, § 1,
6-28-78)
Section 4-112 C-1 Commercial district regulations
4-112.1 General Statement of Intent
The C-1 Commercial District is intended to provide for
small clusters of commercial establishments primarily
serving the daily needs of nearby residents. Commer-
cial uses which by virtue of their size or type of
service would tend to attract customers from a broader
area than the local neighborhood are not permitted in
this district.
To assure proper vehicular access and avoid the
penetration of residential areas by uses which may
adversely affect the residential environment, new C-1
Commercial Districts will generally be established
only along larger collector streets or arterial streets
bordering discrete residential neighborhoods. In older
areas of the city developed prior to the existence of
zoning regulations, the C-1 Commercial District may
be located within discrete residential neighborhoods,
particularly in locations where a long history of
commercial use and continued commercial viability is
present. However, in both older and newer areas of the
City, zoning policy will be directed towards gradually
encouraging the centralization and functional coales-
cence of businesses within this district and discourag-
ing the scattering throughout residential neighbor-
hoods of C-1 Districts to accommodate a single use.
4-112.2 Principal Permitted Uses
In the C-1 Commercial District, no building, structure
or land shall be used and no building or structure
shall be built or altered to be used in whole or in part,
unless otherwise specifically provided by this ordi-
nance, except for the following purposes:
Supp. No. 12 2548.13
§ 4-112 DUBUQUE CODE § 4-112
1) Flower, nursery, or garden stores
2) Food stores
3) Barber shops and beauty shops
4) Drug stores, health care supply and similar retail
convenience goods stores
5) Hardware stores
6) Parking lots containing spaces for not more than
thirty (30) vehicles
7) Laundry or dry cleaning establishments
8) Bakeries not exceeding 3,000 square feet in floor
area
9) Repair shops for television, radio, or home
appliance repair.
10) Churches. (Ord. No. 56-76, § 1, 2-23-76; Ord. No. 54-81, §
1, 10-19-81)
4-112.3 Accessory Uses and Structures
Accessory uses and structures shall be permitted in
the C-1 Commercial District only in accordance with
the provisions and regulations of Article V of this
ordinance, entitled "Supplementary District Regula-
tions."
4-112.4 Conditional Uses
The following Conditional Uses are permitted in the
C-1 Commercial District, but only in accordance with
the provisions of Article VI of this ordinance
governing the issuance of Conditional Use Permits:
1) Taverns or bars not exceeding two thousand two
hundred (2,200) square feet in gross floor area.
2) Indoor restaurants
3) Gas stations (Ord. No. 55-79, § 1, 9-17-79)
Supp. No.12
2548.14
§ 4-112 APPENDIX A—ZONING § 4-112
4-112.5 Schedule of District Regulations Adopted
Additional regulations for the C-1 Commercial Dis-
trict shall be as set forth in the C-1 Schedule of
District Regulations, hereby adopted by reference and
declared to be a part of this ordinance, and in Article
V of this ordinance, entitled "Supplementary District
Regulations."
Supp. No. 12
2548.15
4-112 APPENDIX A—ZONING § 4-112
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2549
§ 4-112
DUBUQUE CODE § 4-113
4-112.6 Five Thousand Square Foot Size Limitation, on all
C-1 Uses
Except as may be otherwise specifically provided by
this ordinance, no permitted use within a C-1 Com-
mercial District shall exceed five thousand (5000)
square feet in gross floor area.
Section 4-113 C-2 Local service commercial district
4-113.1 General Statement of Intent
The C-2 Commercial District is intended to provide
for relatively small, nucleated commercial shopping
centers serving a predominantly local area which may
comprise more than one discrete residential neighbor-
hood.
Because of the broader service area contemplated by
this District, a wider variety of commercial uses is
permitted than in the C-1 Commercial District. How-
ever, the C-2 District use regulations are, like the C-1
Commercial District regulations, primarily intended to
emphasize the provision of daily convenience goods and
services to local area residents, rather than regional
customers. For this reason, C-2 Commercial Districts
will be carefully scrutinized to insure that the size of
the commercial center, the nature of uses contained
therein, and the locational characteristics are such that
an undue amount of cross -city or regional service traf-
fic to the District will not be encouraged.
Generally, C-2 Commercial Districts will be located on
or at the intersection of major arterial streets border-
ing one or more residential neighborhoods, and will
range in size from about two to ten acres. Expansion or
decentralization of C-2 Commercial Districts by the
addition of uses more properly contained within the
C-3 (Arterial Business) Commercial District or other
districts will be strongly discouraged.
In undeveloped locations, it shall be Council policy
to apply the C-2 Commercial District only to appro-
2550
§ 4-113 APPENDIX A—ZONING § 4-113
priate larger parcels in order to promote the planned
and integrated development of several commercial
uses at once and discourage the -random and
uncoordinated development of small individual facili-
ties.
The C-2 District will also be applied to recently -
developed local shopping centers which are in
substantial conformance with the regulations and
purposes of this district. In older, non-nucleated
commercial areas of the City, the C-2 District may
have some limited application to groups of commer-
cial uses which are spatially and/or functionally
integrated and which possess other characteristics
appropriate to the district.
4-113.2 Principal Permitted Uses.
In the C-2 Commercial District, no building, struc-
ture, or land shall be used, and no building or
structure shall be built or altered to be used in whole
or in part, except for the following purposes:
1) Parking lots
2) Retail sales of clothing, household furnishings,
garden supplies, hardware, housewares, variety
goods, drugs or health care supplies, and similar
retail convenience goods, but not including
department stores as defined in this ordinance
and not to include uses listed as permitted uses in
the C-3 Commercial District Regulations [See
Section 4-114.2 of this ordinance].
3) Private schools offering instruction in sports,
crafts, or fine arts.
4) Retail food stores.
5) Bars or taverns not exceeding two thousand two
hundred (2,200) square feet in gross floor area.
6) Barber shops, beauty shops, and similar personal
service establishments.
Supp. No. 14
2551
§ 4-113 DUBUQUE CODE § 4-113
7) Professional office uses permitted in the OR -1
Office Residence District [See Section 4-109.2 of
this ordinance].
8) Indoor restaurants.
9) Gas stations.
10) Laundry or dry-cleaning establishments.
11) Repair of appliances, electrical equipment, or
other retail comparison goods for which sales are
permitted under 4-113.2(2) of this Section.
12) Churches. (Ord. No. 55-79, § 2, 9-17-79; Ord. No. 54-81, §
2, 10-19-81)
4-113.3 Accessory Uses and Structures
Accessory uses and structures shall be permitted in the
C-2 Commercial District only in accordance with the pro-
visions and regulations of Article V of this ordinance, enti-
tled "Supplementary District Regulations," and include in
addition to those subordinate uses which are clearly and
customarily incidental to the principal permitted uses, the
following:
1) Service vehicle parking, provided that the number of
vehicles does not exceed three (3), and the gross vehi-
cle weight (as defined by Iowa Department of Trans-
portation) does not exceed ten thousand (10,000) pounds.
2) The number of service vehicles parked may exceed
three only upon compliance with the following conditions:
a) Such parking is visually screened from adjacent
properties and streets;
b) The gross vehicle weight (as defined by Iowa De-
partment of Transportation Regulations) does not
exceed ten thousand (10,000) pounds;
c) The number of service vehicles does not exceed
one vehicle for every five hundred (500) square
feet contained within the building housing the
business in question, and further provided that
for the purposes of customer parking, the area
devoted to service vehicles must first be deducted
Supp. No. 14
2552
§ 4-113 APPENDIX A—ZONING § 4-113
from the available space before customer parking
is calculated as provided elsewhere in this Ordinance.
d) Other than service vehicles as provided in this
section, no other storage of materials or items
within the screened area shall be allowed. (Ord.
No. 28-82, § 1, 6-7-82)
4-113.4. Conditional Uses
The following Conditional Uses are permitted in the
C-2 Commercial District, but only in accordance with
the provisions of Article VI of this ordinance
governing the issuance of Conditional Use Permits:
1) Drive-in restaurants, car washes or banks,
provided that the Board of Adjustment finds, after
receiving the advice and recommendation of the
City Planner, that the orderly and efficient flow of
traffic on all streets giving access to the proposed
facility will not be impeded.
2) Animal hospitals and animal clinics, provided
that all operations and activities shall be conduct-
ed and maintained within completely enclosed
buildings. (Ord. No. 23-81, § 1, 5-18-81)
4-113.5 Schedule of District Regulations Adopted
Additional regulations for the C-2 Commercial Dis-
trict shall be as set forth in the C-2 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. 14
2552.1
§ 4-113 APPENDIX A—ZONING § 4-113
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§ 4-114 DUBUQUE CODE § 4-114
Section 4-114 C-3 Arterial business commercial district
4-114.1 General Statement of Intent
The C-3 Comrnercial District is intended to accommo-
date two basic types of commercial use :
1) uses which are primarily designed to serve the
needs or convenience of the motoring public, and
2) miscellaneous uses which may require highway or
arterial locations for their most beneficial opera-
tion and which cannot be more appropriately lo-
cated in other commercial districts.
The uses permitted in this district often present special
problems which are different in kind and degree from
other commercial uses. In particular, unregulated
"strip" commercial development may result in serious
traffic and pedestrian circulation problems, adverse im-
pacts on surrounding residential or other uses, visual
clutter and blight, and lighting and sign problems. For
these reasons, the regulations of the C-3 Commercial
District may impose special standards of construction,
screening, functional design, and performance upon
the creation of new highway commercial facilities or
the expansion of existing highway businesses. In addi-
tion, special emphasis will be placed on traffic consid-
erations and relevant planning studies in decisions con-
cerning requests for the creation of new C-3 Commer-
cial Districts.
4-114.2 Principal Permitted Uses
1) Professional office uses.
2) Any Principal Permitted Uses of the C-1 Com-
mercial District; provided that the limitations of
Section 4-112.6 shall apply to all suchuses except
those that may hereafter be listed in this section.
3) Sales, rental, storage, repair or servicing of ve-
hicles ; including gas stations.
Supp. No. 4
2554
§ 4-114 APPENDIX A—ZONING § 4-114
4) Indoor restaurants, drive-in restaurants, bars or
taverns.
5) Motels.
6) Furniture or appliance sales, including servicing.
7) Banks.
8) Office supplies.
9) Sales of agricultural or construction supplies, in-
cluding but not limited to farm implements, hard-
ware or electrical supplies, lumber and similar
goods.
10) Fresh produce sales.
11) Package liquor sales.
12) Moving, storage, or freight transfer facilities.
13) Parking lots.
14) Drive-in theater, miniature golf courses, golf
driving ranges, bowling alleys or other commercial
recreation establishments.
15) Outdoor camping areas.
16) Travel agency ticket offices.
17) Animal hospitals and animal clinics, provided that all
operations and activities shall be conducted and main-
tained within completely enclosed buildings.
18) Churches. (Ord. No. 47-75, § 1, 12-22-75; Ord. No. 60-77,
§ 1, 9-6-77; Ord. No. 23-81, § 2, 5-18-81; Ord. No. 54-81,
§ 3, 10-19-81)
4-114.3 Accessory Uses
Accessory uses and buildings are permitted in the C-3
Commercial District in accordance with the provisions
and regulations of Article V of this ordinance, entitled
"Supplementary District Regulations".
4-114.4 Conditional Uses
The following Conditional Uses are permitted in the
C-3 Commercial District, but only in conformance with
Supp. No. 12
2555
§ 4-114 DUBUQUE CODE § 4-114
the provisions of Article VI of this ordinance governing
the issuance of Conditional Use Permits:
1) [Reserved for future use]
4-114.5 Schedule of District Regulations Adopted
Additional regulations for the C-3 Commercial District
shall be as set forth in the C-3 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. 12
2556
§ 4-114 APPENDIX A—ZONING § 4-114
C-3—Schedule of District Regulations
Supp. No. 4
543
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a 4-114 APPENDIX A—ZONING § 4-115
4-114.6 Special Screening Requirements Where Yards Abut
a Residential or Office -Residential District
Wherever a yard within a C-3 District abuts a resi-
dential or office -residential district, a fence, planted
border, wall or other barrier sufficient to screen from
casual vision the C-3 District to a height of not less
than six (6) feet above ground level shall be provided,
except where the nearest residential use is located more
than fifty (50) feet from the abutting lot line.
In the case of uses existing at the effective date of
this ordinance, this requirement shall be met not later
than one (1) year after such date.
4-114.7 Special Front Yard Setback Provisions for C-3
Districts Along Lower Dodge Street
4-114.7.1 Statement of Intent
The special provisions of this section are intended
to avoid unnecessary hardship to potential develop-
ers by allowing for relaxed front yard setback
provisions in C-3 Districts located along lower
Dodge Street, where topographic conditions are
found to be such that compliance with the usual
setback. provisions of this district may be unneces-
sarily difficult or impossible.
4-114.7.2 Application of Special Setback Regulations
For any C-3 District which fronts on Dodge Street
within the area between Bluff Street and Hill
Street, the minimum required setback for principal
permitted uses shall be forty (40) feet.
Section 4-115 C-4 General commercial district regulations
4-115.1 General Statement of Intent
The C-4 General Commercial District is created to ac-
commodate the older commercial areas of the City
which surround and extend outward from the C-5
Central Business District and . which generally ap-
Supp. No. 8
2557
§ 4-115 DUBUQUE CODE § 4-115
proximate the boundaries of traditional downtown
Dubuque. These areas are characterized by a broad
range of largely unrelated uses, instances of physical
obsolescence or deterioration, deficient traffic and
parking patterns, and similar problems typical of com-
mercial areas developed prior to effective planning con-
trols. The regulations for this District are especially
designed to encourage the maintenance of existing uses
and the private redevelopment of new commercial uses
by permitting a wide variety of uses and liberalized
bulk, yard, and parking requirements. Because of its
limited purpose and scope, the Council declares that
the C-4 District shall have no application in undevelop-
ed or newly -developing areas of the City. The Council
further contemplates that as specific development plans
and programs are developed for the C-4 District, the
regulations and/or boundaries of the District may be
modified or refined in accordance with such plans or
programs.
4-115.2 Principal Permitted Uses
In the C-4 Commercial District, no building, structure,
or land shall be used, and no building or structure shall
be built or altered to be used in whole or in part,
except for the following purposes:
1) Professional office uses permitted in the OR -1
Office -Residential District [See Section 4-109.2 of
this ordinance].
2) Service uses, banks, and retail or wholesale 13ales,
but not to include department stores or uses listed
as Conditional Uses for this District [See 4-115.4
of this Section] .
3) [Reserved for future use]
4) Parking lots.
5) Indoor restaurants or drive-in restaurants; bars
or taverns.
Supp. No. 8
2558
1 4-115 APPENDIX A—ZONING § 4-115
6) Printing and publishing.
7) Animal hospitals and animal clinics, provided
that all operations and activities shall be conduct-
ed and maintained within completely enclosed
buildings.
8) Churches. (Ord. No. 47-75, § 1, 12-22-75; Ord. No. 57-80,
§ 1, 8-18-80; Ord. No. 23-81, § 3, 5-18-81; Ord. No. 54-81,
§ 4, 10-19-81)
4-115.3 Accessory Uses and Structures
Accessory uses and structures shall be permitted in
the C-4 Commercial District only in accordance with
the provisions and regulations of Article V of this
ordinance, entitled "Supplementary District Regula-
tions."
4-115.4 Conditional Uses
The following Conditional Uses are permitted in the
C-4 Commercial District, but only in accordance with
the provisions of Article VI of this ordinance
governing the issuance of Conditional Use Permits.
1) Drive-in restaurants or drive-in banks, agricul-
tural supply stores, bowling alleys, and any
facilities for the sales, repair, servicing, rental, or
storage of vehicles; but only on condition that the
Board of Adjustment finds, after receiving the
advice of the City Planner, that the proposed use
is in conformance with adopted plans for the area
in which it is located and will not be likely to
impede the orderly and efficient flow of traffic.
4-115.5 Schedule of District Regulations Adopted
Additional regulations for the C-4 Commercial Dis-
trict shall be as set forth in the C-4 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. 12
2559
§ 4-115 DUBUQUE CODE § 4-115
Supp. No. 12
O
Accessory use provisions and
regulations shall be as set
forth in Article V of this or-
dinance, entitled "Supplemen-
tary District Regulations".
[See Section 5-101]
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§ 4-116 APPENDIX A—ZONING § 4-116
Section 4-116 C-5 Central business district regulations
4-116.1 General Statement of Intent
The C-5 Central Business District is created for specif-
ic application to the traditional downtown business core
of Dubuque and present Urban Renewal areas.
It is the intent of this ordinance to encourage the con-
tinued vitality and viability of the downtown areas
as the functional and symbolic center of urban activity
in Dubuque. To promote this purpose, liberal lot area,
building height, setback and off-street parking require-
ments are imposed to serve as incentives for the con-
tinued intensification of commercial use within the
District.
It is further the intent of this ordinance that the C-5
District and all zoning classification decisions relative
thereto should implement the Urban Renewal plan
(Iowa Project R-15) and related comprehensive plans
for the growth and redevelopment of downtown and
downtown -fringe areas.
4-116.2 Principal Permitted Uses
In the C-5 Commercial District, no building, structure,
or land shall be used, and no building or structure shall
be built or altered to be used in whole or in part, except
for the following purposes :
1) Retail merchandise sales
2) Food or drug stores
3) Barber or beauty shops and personal service estab-
lishments
4) Department stores
5) Professional office use
6) Photographic studios; schools offering instruction
in sports, crafts, or fine arts ; travel bureaus, and
similar service uses
Supp. No. 12
2561
§ 4-116 DUBUQUE CODE § 4-117
7) Indoor restaurants or drive-in restaurants.
8) Auditoriums, assembly halls, and similar places of
public assembly.
9) Banks or other financial institutions.
10) Residential dwellings of all types.
11) Hotels and motels.
12) Churches. (Ord. No. 47-75, § 1, 12-22-75; Ord. No. 54-81,
§ 5, 10-19-81)
4-116.3 Accessory Uses and Structures
Accessory uses and structures shall be permitted in the
C-5 Commercial District only in accordance with the
provisions and regulations of Article V of this ordi-
nance, entitled "Supplementary District Regulations".
4-116.4 The following Conditional Uses are permitted in the
C-5 Commercial District, but only in accordance with
the provisions of Article VI of this ordinance governing
the issuance of Conditional Use Permits :
1) Off-street parking lots, provided that the Board of
Adjustment finds that:
a. the proposed lot represents a maximum feas-
ible intensity of use for the land on which it
is located; and
b. the proposed lot meets all requirements of the
Site Plan Review Provisions [See Section
5-103]
4-116.5 Additional C-5 Regulations
[Reserved for future use]
Section 4-117 C-6 Planned commercial district
4-117.1 General Statement of Intent
The C-6 Planned Commercial District is intended to
accommodate larger, nucleated shopping centers serv-
Supp. No. 12 2562
§ 4-117 APPENDIX A—ZONING § 4-117
ing the urban or regional market. These centers are
typified by one or more large multiple -line retail de-
partment stores associated with a number of related
supportive commercial uses, most often developed as
an integrated unit.
While it is recognized that large, integrated shopping
centers represent significant advantages in convenience
and efficiency over many traditional commercial de-
velopments, urban -regional centers by their size tend
to create quite substantial impacts upon the rest of the
community. In addition to the critical effects a large
shopping center may have upon the overall economic
welfare of commercial uses located elsewhere in the
City, such centers create a wide variety of direct and
indirect impacts upon their immediate environment
also. For this reason, proper planning analysis and
preparation is a necessary prerequisite to the estab-
lishment of new shopping centers of this type, and it
shall be the policy of the City that no new C-6 Districts
shall be hereafter created except as Planned Unit De-
velopments in conformance with the special require-
ments and provisions of this District. Similar plan re-
view and approval shall be required for any requested
expansion of an existing C-6 District or for substantial
"on-site" expansion of uses contained therein.
4-117.2 Principal Permitted Uses
In the C-6 Commercial District, no building, structure,
or land shall be used, and no building or structure shall
be built or altered to be used in whole or in part, except
for the following purposes :
1) Retail merchandise sales;
2) Department stores;
3) Professional office use;
4) Service uses;
5) Indoor restaurants or drive-in restaurants;
6) Parking lots.
Supp. No. 12
2563
§ 4-117
7)
8)
DUBUQUE CODE § 4-117
Churches.
Hotels and motels. (Ord. No. 47-75, § 1, 12-22-75; Ord.
No. 2-79, § 1, 1-2-79; Ord. No. 54-81, § 6, 10-19-81; Ord.
No. 58-81, § 1, 11-16-81)
4-117.3 Accessory Uses
The following accessory uses shall be permitted in the
C-6 Commercial District:
1) All uses customarily incident to a principal per-
mitted use listed in section 4-117.2, except those
uses listed as Conditional Uses for this district
[See Section 4-117.4]. (Ord. No. 2-79, § 1, 1-2-79)
4-117.4 Conditional Uses
The following uses are permitted in the C-6 Commercial
District, but only in accordance with the provisions of
Article VI of this ordinance governing the issuance of
Conditional Use Permits:
1) Reserved. (Ord. No. 2-79, § 1, 1-2-79)
4-117.5 Schedule of District Regulations Adopted
Additional regulations for the C-6 Commercial District
shall be as set forth in the C-6 ,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".
C-6 Schedule of District Regulations
All Principal Permitted Uses,
Accessory Uses, or
Conditional Uses
Minimum required setback from nearest public
street
Minimum required setback from adjoining res-
idential or office -residential district
Maximum building height
Minimum required off-street parking spaces
As specified on the approved C-6
district plan but not less than 20
feet.
As specified on the approved C-6
district plan but not less than 12
feet.
As specified on the approved C-6
district plan.
1.0 per 200 square feet of gross
floor area.
(Ord. No. 2-79, § 1, 1-2-79; Ord. No. 58-81, § 2, 11-16-81)
Supp. No. 12 2564
§ 4-117 APPENDIX A—ZONING § 4-118
4-117.6 Special Provisions Governing the Expansion of
Existing C-6 Planned Commercial Districts and
Uses Contained Therein
4-117.6.1 Expansion of an Existing C-6 Planned Com-
mercial District
No expansion of an existing C-6 Planned Com-
mercial District shall be permitted by the council
except as a plan for such expansion is submitted
and approved as a planned unit development in
accordance with the requirements and procedures
of Section 4-110 of this ordinance.
4-117.6.2 Expansion of Existing Buildings and Addi-
tion of New Buildings or Uses
No expansion of existing buildings and no addition
of new buildings or uses shall be permitted within
an existing C-6 Planned Commercial District except
as a plan for the entire district including such
expansion or addition is submitted and approved
in accordance with the requirements and pro-
cedures of section 4-110 of this ordinance. This
provision shall not apply to the addition of acces-
sory storage, mechanical equipment space, or simi-
lar floor area excluded from the definition of "floor
area" applicable to computation of off-street park-
ing requirements, provided that:,
1) Such addition does not violate any other pro-
vision of this ordinance; and
2) Such addition is not in conflict with an ap-
proved plan for the C-6 Planned Commercial
District in which it is to be located. (Ord. No.
49-78, § 1, 8-21-78; Ord. No. 2-79, § 1, 1-2-79)
Section 4-118 ID Institutional District
4-118.1 General Statement of Intent
The ID Institutional District is a special purpose Dis-
trict designed to address the particular problems and
characteristics of Dubuque's many institutional facili-
ties. It is the intent of this ordinance that this district
Supp. No. 5
2565
;§(4-118 DUBUQUE CODE § 4-118
shall only be applied to facilities possessing the charac-
teristics of institutional use set forth in this Section.
The Council finds that several factors distinguish in-
stitutions from other land use activities. The most
salient feature of institutions is their tendency to func-
tion as substantially separate communities within the
City. They maintain a large and definable resident pop-
ulation within a more or less discrete geographical
area. Typically, a broad range of essential living serv-
ices and facilities are provided by the institutions in-
ternally for both its resident and transitory popula-
tions. A second common feature of institutions is a
primary educational, medical, religious, or charitable
purpose. This distinguishes them from commercial
nursing homes, hotels, boarding houses, and similar
uses.
Because of these purposes, and the fact that institu-
tions often provide services useful or beneficial to the
public welfare, the use regulations for this district are
broadly worded to permit a reasonable latitude for in-
stitutional self-determination. The Council recognizes,
however, that the maintenance or creation of certain
uses desirable to the institutional community may be
,unbeneficial or even inimical to the public welfare. This
is particularly true in locations where the institution
abuts the broader community or where the use is of a
size or intensity that is likely to affect a public interest
or attract substantial public involvement in its opera-
tion, such as commercial uses, For • thisreason, indi-
vidual scrutiny in accordance with prescribed :stand-
ards will be exercised over the establishment and op-
eration of uses potentially harmful to the public welfare
within ID Institutional Districts, and it is the express
intent of Council that the regulations of this District
should be so interpreted as to exclude all commercial
uses not specifically authorized herein.
It is further the intent of this ordinance that, because
of the very substantial impact institutional uses may
have upon the ;surrounding community, no expansion of
Supp. No. 5
X564
§ 4-118
APPENDIX A -ZONING § 4-118
an existing ID Institutional District will be permitted
except in accordance with the provisions of 4-118.6 of
this Section, which requires a preliminary growth plan
to be filed and approved prior to institutional reclassi-
fication or substantial on -premise expansions.
4-118.2 Principal Permitted Uses—All Institutions
Within any ID Institutional District the following
principal uses are permitted, subject however to the
limitations of 4-118.6 of this Section :
1) Single-family, two-family, or multiple -family
dwellings for the housing of institutional residents
or affiliates.
2) Offices for administrative personnel or other in-
stitutional employees or affiliates.
3) Churches, libraries, and museums.
4) Classrooms, laboratories, lecture halls, auditoriums
and similar places of institutional assembly.
5) Off-street parking and loading.
6) Nursing or convalescent homes of institutional
residents or affiliates.
7) Recreational or athletic facilities for the primary
use and benefit of institutional residents or af-
filiates.
8) Farms, gardens, nurseries or greenhouses.
4-118.3 Additional Principal Permitted Uses for Medical
Institutions
In addition to the Principal Permitted Uses listed in
Section 4-118.2, the following additional principal uses
shall be permitted for Medical institutions, but only in
accordance with the limitations of 4-118.6 of this Sec-
tion.
1) Facilities and operations for the diagnosis, care,
and treatment of human health disorders, includ-
2567
§ 4-118 DUBUQUE CODE § 4-118
ing examination or operating rooms, physical
therapy or x-ray facilities, psychiatric treatment,
convalescent care, and similar hospital -related uses,
but not to include commercial uses or uses listed
as Conditional or Accessory Uses for this District.
This provision shall include separate doctors'
clinics or other medical facilities not owned or op-
erated by the principal institution, but only where
such facilities are functionally related to the in-
stitution and are included within the original In-
stitutional District boundaries or the approved
Preliminary Development Plan, as provided in
4-118.6 of this Section.
4-118.4 Accessory Uses
The following accessory uses shall be permitted in the
ID Institutional District, subject however to the limita-
tions of 4-118.6 of this Section :
1) Restaurants or cafeterias for the exclusive use and
convenience of institutional residents or affiliates
and located entirely within a principal building.
2) All other uses customarily incident to the princi-
pal permitted use in conjunction with which such
accessory use is operated or maintained, but not to
include commercial uses or uses listed as Condi-
tional Uses for this District.
4-118.5 Conditional Uses
The following Conditional Uses are permitted in the ID
Institutional District, but only in accordance with the
provisions of Article VI of this Ordinance governing
the issuance of Conditional Use Permits and the limita-
tions of 4-118.6 of this Section :
1) Restaurants or cafeterias; flower shops; gift
shops; and candy, cigar, or magazine stands; but
only when operated as accessory uses and located
entirely within a principal building.
2568
§ 4-118 APPENDIX A—ZONING § 4-118
2) As an accessory use to a medical institution, and
located entirely within a principal building, facili-
ties for the compounding, dispensing, or sale of
drugs or medicines, prosthetic devices, lotions and
preparations, dental care supplies, eyewear, band-
ages or dressings, and similar medical or health-
related supplies.
3) As an accessory use to an educational institution
and located entirely within a principal building,
bookstores, or bars seating not more than seventy-
five (75) persons at one time and located not closer
than two hundred feet (200') from the nearest
residential or office -residential district.
4) Cemeteries, mausoleums, columbariums and chap-
els.
No Conditional Use Permit for the Conditional Uses
allowed by this Section shall be granted unless the
Board of Adjustment finds that:
1) The proposed use is reasonably necessary for the
benefit and convenience of institutional residents,
affiliates, or temporary visitors, and will be of a
size, location, and operation that significant pa-
tronage by the general public will not be en-
couraged ; and
2) No signs or advertisement of any kind which are
visible from a public street shall be allowed. (Ord.
No. 5-76, § 1, 2-23-76)
4-118.6 Special Provisions and Procedures Governing the
Expansion of Institutional Districts and Uses
4-118.6.1 Statement of Intent
It is the intent of this Section to require proper
preliminary planning by the institution and ap-
propriate governmental review as a pre -requisite
to the expansion or creation of any ID Institutional
District. The Council finds that such preliminary
planning is necessary to insure that as existing
institutions expand in size or intensity of use, or
2569
Supp. No. 3
§ 4-118 DUBUQUE CODE § 4-118
as new institutions are formed, the probable im-
pacts of such growth on the surrounding com-
munity and the public welfare can be anticipated
and evaluated in advance.
Certain provisions and procedures of the PUD
Planned Unit Development District considered
appropriate to accomplish these goals are adopted
or referred to in this Section, and should be read
in pari materia with the provisions of this Sec-
tion.
4-118.6.2 Application and Scope
The provisions of this Section shall apply to the
following activities or developments :
1) The proposed creation through reclassification
of any new ID Institutional District or re-
quested expansion in territory of any existing
Institutional District.
2) Any expansion in the aggregate gross floor
area for all uses contained within an ID In-
stitutional District which would result in ag-
gregate gross floor area for such district of
more than ten percent (10% ) above that ag-
gregate gross floor area for the district exist-
ing at the effective date of this ordinance.
4-118.6.3 Prior Preliminary Development Plan Approv-
al Required—Procedures
None of the activities listed in 4-118.6.2 of this
Section shall be permitted unless such activity is in
substantial conformance with an approved Pre-
liminary Development Plan. Such Preliminary De-
velopment Plan shall be prepared and submitted in
conformance with all relevant requirements and
procedures of Sections 4-110.7 and 4-110.8 of this
ordinance, which are hereby adopted by reference.
The Commission and Council shall act on the Pre-
liminary Development Plan as provided in Section
Supp. No. 3
2570
§ 4-118
APPENDIX A—ZONING § 4-118
4-110.11 of this ordinance, the relevant provisions
of which are hereby adopted by reference, with the
following exceptions :
1) The Preliminary Development Plan shall be
judged according to the review standards of
4-118.6.4 of this section rather than the usual
PUD Standards.
2) Approval of the Preliminary Development
Plan shall be valid for a period of three (3)
years, provided that after the first year, if no
Final Development Plan has been filed, the
Commission or Council may require the resub-
mission of a Preliminary Development Plan in
conformity with the procedures and standards
of this section.
3) A new or amended Preliminary Development
Plan may be filed without cost at any time
following Council disapproval.
4-118.6.4 Special Review Standan-ds for Institutional
District Preliminary Development Plans
The Planning and Zoning Commission shall not
approve the Preliminary Development Plan re-
quired by 4-118.6.3 unless and until the Com-
mission determines that such plan conforms to
each of the following standards :
1) The Preliminary Development Plan is in sub-
stantial conformance with adopted Compre-
hensive Plans to guide the future growth and
development of Dubuque.
2) Expansions contemplated by the Plan are
justifiable and reasonable in light of the pro-
jected needs of the institution and the public
welfare.
3) The proposed additions or expansions are de-
signed so as to be functionally integrated with
Supp. No. 3
2571
§ 4-118
DUBUQUE CODE § 4-118
the existing institutional facilities, with due
regard to the maintenance of safe, efficient,
and convenient vehicular and pedestrian traf-
fic.
4) The proposed additions or expansions of use
are permitted in the district and are of a loca-
tion, size, and nature such that they are not
likely to interfere with the appropriate use
and enjoyment of property in abutting dis-
tricts.
5) The Preliminary Development Plan will not
violate any provision or requirement of this
ordinance. (Ord. No. 19-78, § 1, 4-17-78)
4-118.6.5 Final Development Plan Requirements and
Procedures
Supp. No. 3
At any time within the three (3) years following
approval of a Preliminary Development Plan, the
institution may file with the Commission a Final
Development Plan for the proposed additions or
expansions in accordance with the relevant provi-
sions and requirements of Section 4-110.12 of the
PUD Planned Unit Development District Regula-
tions of this ordinance, hereby adopted by refer-
ence. The Commission will judge the Final De-
velopment Plan for its conformance with the ap-
proved Preliminary Development Plan, according
to the criteria of Section 4-110.12.4.2. If the Com-
mission approved the Final Development Plan as
being in substantial conformance with the ap-
proved Preliminary Development Plan, issuance
of building permits shall be permitted as provided
in 4-110.12.5. In reviewing the Final Development
Plan, the Commission shall not consider the stand-
ards of 4-110.12.4.3 or 4-110.12.4.4 regarding
maintenance of open space, common property, pri-
vate streets, and useable open space, except where
the Commission determines that application of
2572
§ 4-118 APPENDIX A—ZONING § 4-118
such standards is necessary to preserve the intent
of the Institutional District.
Following approval of the Final Development Plan,
no construction may take place except in substan-
tial conformance with such Plan, as provided un-
der Section 4-110.12.6.
4-118.7 Prohibition on Commencement of Use by Parties
Unassociated With the Principal Institution
Within an existing ID Institutional District, no use
otherwise permitted for this district may be commenced
by and person(s) except
1) The principal institution or its agent, or
2) A person under contractual or other legally -bind-
ing obligation to provide services to such institu-
tion (e.g., the independent operator of a student
cafeteria) ; or
3) The person or persons operating a doctors' clinic
or other facility permitted under 4-118.3 of this
Section.
The purpose of this provision is to prohibit within an
ID Institutional District the commencement of uses
unrelated to the promotion of the primary educational,
charitable, religious, or medical purpose of the institu-
tion, by requiring purchasers of institutional land and/
or buildings to seek appropriate reclassification of the
property prior to commencement of any use on the
premises.
4-118.8 Schedule of District Regulations Adopted
Additional regulations for the ID Institutional District
shall be as set forth in the ID Schedule of District
Regulations, hereby adopted by reference and declared
to be a part of this ordinance, and in Article V of this
ordinance, entitled "Supplementary District Regula-
tions," except as specifically modified by and authorized
in the ordinance approving the Preliminary Develop -
Supp. No. 3
2573
§ 4-118 DUBUQUE CODE § 4-118
ment Plan. Said ordinance may provide for such ex-
ceptions from the district regulations governing yards,
height, and off-street parking as may be desirable to
achieve the objectives of the ID District, provided such
exceptions are consistent with the standard contained
in Section 4-118.6.4. (Ord. No. 19-78, § 2, 4-17-78)
4-118.8 Schedule of District Regulations Adopted
Additional regulations for the ID Institutional District
shall be as set forth in the ID Schedule of District Reg-
ulations, 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".
4-118.8 ID Schedule of District Regulations
Supp. No. 3
2574
§ 4-118 DUBUQUE CODE § 4-118
4-118.8 ID Schedule of District Regulations
Supp. No.
PRINCIPAL PERMITTED USES
Principal
Hospital
Institutions
N
10, plus 2 per story over the first where abut-
ting a residential or office -residential district
6 plus 2 per story over the first
0
N
ua
1.5 per bed
Offices or
Clinics
1 for each 200
sq. ft. of gross
floor area
Nursing or
Convalescent Home
1 for every
3 beds
Any
Residential
Use
=.14
Minimum Required
Front Yard Setback
(in feet)
Minimum Required
Rear Yard Setback
(in feet)
Minimum Required
Side Yard Setback
(in feet)
Maximum Building
Height (in feet)
Minimum Required
Off -Street Parking
Spaces
2574.1
§ 4-119
APPENDIX A—ZONING § 4-119
Section 4-119 L -I Light industrial district regulations
4-119.1 General Statement of Intent
The L -I Light Industrial District is intended to provide
for industrial uses having a minimal impact upon the
surrounding physical environment and upon the appro-
priate use and enjoyment of adjacent properties. Such
uses are characterized by operations and activities
which produce little or no smoke, noise, vibration, odor,
or other potentially harmful emissions or. by-products.
For this reason, L -I Light Industrial Districts may in
some cases border commercial or high-density resi-
dential districts, particularly where natural barriers
exist which reduce the visual and operational impacts
of the L -I Districts upon the adjacent uses. It is the
intent of this ordinance, however, that individual L -I
Districts should not be randomly located throughout
the City, but should be concentrated in larger con-
tiguous areas where transportation and utility services
adequate to meet the needs of the district are present.
4-119.2 Principal Permitted Uses
In the L -I Light Industrial District, no building, struc-
ture, or land shall be used, and no public building or
structure shall be built or altered to be used in whole or
in part, except for the following purposes:
1) Repair, service, or storage of vehicles.
2) Storage, packaging, and processing of meat, dairy,
or food products, but not to include slaughter-
houses or stockyards.
3) Laundries and carpet or rug cleaning plants.
4) All uses listed as Principal Permitted Uses for the
C-4 General Commercial District except restau-
rants, bars or taverns [See Section 4-115.2 of this
ordinance].
5) Clubs, lodges, meeting halls, auditoriums, or places
of public assembly.
Supp. No. 12
2575
§ 4-119 DUBUQUE CODE § 4-119
6) Compounding, processing, and packaging of chemi-
cal products, but not including flammable or ex-
plosive materials as defined in this ordinance.
7) Utility Stations; radio; television, or other com-
munication facilities; public or private facilities
for the transmission of electricity, sewage or wa-
ter; railroad facilities.
8) Rental, sales or storage of machinery, tools, heavy
construction equipment, or other similar equip-
ment.
9) Manufacture, assembly, repair or storage of elec-
trical and electronic products, components, or
equipment.
10) Printing, publishing, binding, and typesetting
plants.
11) Laboratories for research or engineering.
12) Warehousing, storage, or wholesale sales of any
product which may be manufactured in this dis-
trict.
13) Manufacture or assembly of musical instruments;
toys ; watches or clocks; medical, dental, optical,
or similar scientific instruments ; orthopedic or
medical appliances; signs or billboards.
14) Moving and storage companies.
15) Manufacturing, compounding, assembly or treat-
ment of articles or products from the following
substances : clothing or textiles ; rubber ; precious
or semi-precious stones or metals; wood; plastics;
paper; leather; fiber; glass; hair; wax; sheet
metal; feathers; fur; and cork, but not including
the manufacture of such raw substances as a prin-
cipal operation.
16) Animal kennels, compounds, or clinics. (Ord. No. 54-81,
§ 8, 10-19-81)
Supp. No. 12
2576
§ 4-119 APPENDIX A—ZONING § 4-119
4-119.3 Accessory Uses and Structures
The following Accessory Uses shall be permitted in the
L -I Light Industrial District :
1) Any use customarily incident to the principal per-
mitted use in conjunction with which it is main-
tained, but not to include uses listed as principal
permitted uses for the H -I Heavy Industrial Dis-
trict in subsection (1) of Section 4-120.2 or as
Conditional Uses in Section 4-120.4.
4-119.4 Conditional Uses
The following Conditional Uses are permitted in the
L -I Light Industrial District, but only in accordance
with the provisions of Article VI of this ordinance
governing the issuance of Conditional Use Permits :
1) Restaurants, taverns or bars.
2) Truck and motor freight terminals.
3) Excavation, extraction, mining, or processing of
rock, sand, gravel, soil or other raw materials from
the earth for resale.
4) Gas stations.
4-119.5 Prohibited Uses
The following uses are expressly prohibited in the L -I
Light Industrial District, and nothing in the provi-
sions or regulations for this District shall be interpret-
ed or construed to authorize the establishment of any
such use in this District as a principal permitted use,
accessory use, or conditional use :
1) [Reserved for future use]
2) Any use listed as a principal permitted use in the
H -I Heavy Industrial District, under subsection (1)
of Section 4-120.2 or as Conditional Uses in Sec-
tion 4-120.4. (Ord. No. 34-76, § 1, 8-16-76)
Supp. No. 1
2577
§'4-119 DUBUQUE CODE § 4-120
4-119.6 Schedule of District Regulations Adopted
Additional regulations for the L -I Light Industrial
District shall be as set forth in the L -I 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".
4-119.6 L -I Schedule of District Regulations
ALL PRINCIPAL PERMITTED, ACCESSORY,
OR CONDITIONAL USES
Maximum Building
Height (in feet)
50'
Minimum Side Yard
Setback (in feet)
Minimum Rear Yard
Setback (in feet)
10' plus 2' per story over the first,
but only where the yard abuts a resi-
dential or office -residential district
Required off-street parking and loading
Minimum Required spaces for the L -I District shall be as
Off -Street Parking set forth in Article V of this ordinance,
and Loading Spaces entitled "Supplementary District Regu-
lations". [See Section 5-104]
Section 4-120 H -I Heavy industrial district
4-120.1 General Statement of Intent
The H -I Heavy Industrial District is intended to pro-
vide appropriate locations for those industrial uses
which by their nature tend to generate levels of smoke,
dust, noise, or odors that render them incompatible
with virtually all other land uses. The Council finds
that the continued operation and development of such
quasi-nuisanceuses is necessary to the economic health
and public welfare of the community, but that the
potentially harmful impacts of such uses upon sur-
rounding activities requires them to be physically iso-
lated or "buffered" from adjacent uses that may be
adversely affected. For this reason, the H -I Heavy In -
Supp. No. 1 2578
§ 4-120 APPENDIX A -ZONING § 4-120
dustrial District will be mapped only in areas where
topographic features or adjacent Light Industrial Dis-
tricts mitigate the effects of the zone upon nearby
uses.
It is further the specific intent of this ordinance that
those uses, activities and operations listed as principal
permitted uses under subsection (1) of Section 4-120.2
or as Conditional Uses under Section 4-120.4 should be
exclusively confined to the H -I Heavy Industrial Dis-
trict, and that the lists of permitted uses for other dis-
tricts should in all cases be construed and interpreted
so as to effectuate this intent.
4-120.2 Principal Permitted Uses
The following principal uses shall be permitted in the
H -I Heavy Industrial District:
1) Manufacture of any raw substance or material for
which assembly is permitted in the L -I Light In-
dustrial District under Section 4-119.2 (15).
2) Any other use except residential uses (excluding
a custodian or watchman residing on the premises)
or uses listed as Conditional Uses for this District
[See Section 4-120.4] .
4-120.3 Accessory Uses
The following accessory uses shall be permitted in the
H -I Heavy Industrial District:
1) Any use customarily incident to the principal per-
mitted use in conjunction with which it is main-
tained.
4-120.4 Conditional Uses
The following Conditional Uses are permitted in the
H -I Heavy Industrial District, but only in conformance
with the provisions of Article VI of this ordinance
governing the issuance of Conditional Use Permits:
1) Manufacture, storage or processing of the follow-
ing products or materials
2579
§ 4-120 DUBUQUE CODE § 4-120
glue; petroleum products or any flammable liquid;
asphalt or concrete products ; explosive materials
of any type ; structural steel and foundry products ;
fertilizer; pharmaceutical products, including cos-
metics,; toiletries, and soap; and stone products,
including brick, building stone, and similar mason-
ry materials.
2) Slaughterhouses or stockyards.
3) Manufacture or processing of the following ma-
terials :
acid; lime or lime products; coke; coal tar; creo-
sote; celluloid or cellulose products; detergent; and
ammonia or chlorine.
4) Refuse dumps.
5) Sewage treatment plants.
6) Crematoriums; reduction plants; foundries, forges
or smelters.
4-120.5 Schedule of District Regulations Adopted
Additional regulations for the H -I Heavy Industrial
District shall be as set forth in the H -I 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".
4-120.5 H -I Schedule of District Regulations
ALL PRINCIPAL PERMITTED, ACCESSORY,
OR CONDITIONAL USES
Maximum Building
Height (in feet)
120'
Required off-street parking and loading
Minimum Required spaces for the H -I District shall be as
Off -Street Parking set forth in Article V of this Ordinance,
and Loading Spaces entitled "Supplementary District Regu-
lations". [See Section 5-104]
2580
§ 4-121
APPENDIX A—ZONING § 4-121
Section 4-121 PI Planned Industrial District
4-121.1 General Statement of Intent
The PI Planned Industrial District is created to permit the
establishment of industrial parks and to provide for the
orderly growth of existing and new industries on large
tracts of land. This district provides a protected area for
the development of industry based on performance as well
as type.
The PI Planned Industrial District is established with the
recognition that the economic well-being of the city and
the metropolitan area requires the expansion of industrial
development. It is also recognized that the lack of land
available and adaptable for such development may require
consideration of locating industrial development in areas
adjacent to or highly visible from existing and future resi-
dential neighborhoods.
Therefore, it is the purpose of these regulations to provide
the necessary standards for development and special pro-
cedures for plan approval which will maximize the poten-
tials of industrial development and at the same time re-
duce to a minimum the impact of that industrial development
on surrounding nonindustrial land uses or on the natural
environment. (Ord. No. 38-82, § 1, 8-2-82)
4-121.2 Establishment of PI Planned Industrial District
4-121.2.1 By Owner
A Planned Industrial District may be established on a
tract of land in single ownership or management con-
trol provided that the preliminary development plan
and the application for change of zoning are approved
by the City Council, and a final development plan is
approved by the Planning and Zoning Commission in
compliance with requirements of this Section 4-121.5.1.
4-121.2.2 By City
A Planned Industrial District may be established by
ordinance of the City of Dubuque City Council in the
Supp. No. 15
2580.1
§ 4-121 DUBUQUE CODE § 4-121
same manner that other mapped districts are estab-
lished where the City Council determines that any
particular tracts or areas should be developed for in-
dustrial use, but because of potential conflicts with
adjoining uses, existing or potential, a greater degree
of control of the manner of development is necessary
to protect the general welfare than is possible under
the regulations of the other "I" Industrial Districts.
(Ord. No. 38-82, § 1, 8-2-82)
4-121.3 Principal Permitted Uses
In the PI Planned Industrial District, no building, struc-
ture or land shall be used, and no building or structure
shall be built or altered to be used in whole or in part,
except for the following purposes:
4-121.3.1 Any use listed as a Principal Permitted Use or
Conditional Use in the LI Light Industrial District or
HI Heavy Industrial District, except for residential
uses (excluding a custodian or watchman residing on
the premises) and except that the specific ordinance
authorizing the establishment of a particular PI Planned
Industrial District or resolutions adopted pursuant thereto
may further limit the uses permitted. (Ord. No. 38-82,
§ 1, 8-2-82)
4-121.4 Accessory Uses and Structures
The following Accessory Uses shall be permitted in the PI
Planned Industrial District:
4-121.4.1 Any use clearly and customarily incident to the
principal permitted use in conjunction with which it is
maintained, except that the specific ordinance author-
izing the establishment of a particular PI Planned
Industrial District or resolutions adopted pursuant thereto
may further limit accessory uses permitted. (Ord: No.
38-82, § 1, 8-2-82)
Supp. No. 15
2580.2
§ 4-121 APPENDIX A—ZONING § 4-121
4-121.5 Procedures
4-121.5.1 Owner Initiated District
Supp. No. 15
The following procedure shall be followed by a land-
owner who wishes to establish a PI Planned Industrial
District.
1) Application and Plan Submission
Application for establishment of a Planned Indus-
trial District shall be filed in accordance with the
application procedures for Planned Unit Develop-
ments as set forth in Section 4-110.7. The applica-
tion shall be accompanied by an application fee as
provided in Section 4-110.7 and a preliminary de-
velopment plan conforming to the provisions of
Section 4-110.8.
2) Commission Hearing
A public hearing shall be held by the Planning
and Zoning Commission on the application in the
same manner and with the same public notice
procedure as required for Planned Unit Develop-
ment designation.
3) Commission Recommendation
The Planning Commission's recommendation shall
be transmitted to the City Council with a state-
ment of reasons in support of the recommenda-
tion. If the recommendation is one of approval, it
shall contain recommended conditions or restric-
tions to be included in an ordinance authorizing
the establishment of the Planned Industrial Dis-
trict. The conditions or restrictions shall include
but not be limited to:
a) Time limitations, if any, for submission of
final development plans and commencement
of construction.
b) Uses permitted in this district.
2580.3
§ 4-121 DUBUQUE CODE § 4-121
Supp. No. 15
c) Lot and bulk and performance standards for
the development and operation of the permit-
ted uses.
d) Requirement that any transfer of ownership
or lease of property in the district include in
the transfer or lease agreement a provision
that the purchaser or lessee acknowledges
awareness of the conditions authorizing the
establishment of the district.
4) Council Action
Upon receiving the recommendation of the Com-
mission, the City Council shall act in the manner
provided by law to approve or disapprove the re-
quested zoning reclassification of the property. The
affirmative vote of at least three-fourths of all the
membership of the Council shall be necessary to
approve the preliminary development plan when
the Commission has recommended disapproval
thereof, or to remove any conditions, requirements,
or limitations imposed by the Commission in ap-
proving the preliminary development plan.
5) Submission of Final Development Plan
After passage of an ordinance authorizing the es-
tablishment of a Planned Industrial District by
the City Council, the applicant shall submit final
development plans to the Planning and Zoning
Commission within the period of time, if any, speer
fied in said ordinance. The plans shall include
such information as is required by the Planning
and Zoning Commission for adequate consideration
of the plans. The plans shall satisfy the subdivi-
sion regulations and other pertinent City ordinances
where applicable.
6) Recording of Final Plan and Restrictions
After approval of the final development plan by
the Planning and Zoning commission, the plan
shall be recorded by the applicant as a Planned
2580.4
§ 4-121 APPENDIX A—ZONING § 4-121
Supp. No. 15
Industrial District, together with conditions and
restrictions of the ordinance authorizing the es-
tablishment of the district.
7) Development According to Final Plan
a) Site Plan Review
No building or occupancy permit shall be is-
sued on any site unless a site plan has been
submitted and approved in accordance with
the provisions of Section 5-103 and unless such
site plan conforms with the conditions of final
plan approval.
b) Construction of Improvements or Posting of
Bond
No buildings may be erected and no uses may
occupy any portion of the district until the
required related off-site improvements are con-
structed or appropriate security as determined
by the Planning and Zoning Commission is
provided to insure construction. If the Planned
Industrial District is to be developed in sec-
tions, all improvements necessary to the proper
operation and functioning of the section, even
though same may be located outside of the
section, must be constructed and installed or
appropriate security as determined by the Plan-
ning and Zoning Commission must be provided
to insure their construction.
c) Time Limitation
If substantial construction or development does
not begin within the period of time specified
in the ordinance authorizing the establishment
of the district or in resolutions adopted pur-
suant thereto, the City Council may, on its
motion or on a recommendation of the Plan-
ning and Zoning Commission, rezone the prop-
erty or any portion thereof to the zoning dis-
2580,5
§ 4-121 DUBUQUE CODE § 4-121
trict classification that prevailed prior to the
approval of the Planned Industrial District
classification.
d) Extension of Time Limitation
The time limitation specified in the ordinance
authorizing the establishment of the Planned
Industrial District for submission of final de-
velopment plans and for completion of con-
struction may be extended by the City Coun-
cil upon a showing of good cause.
e) Changes from Plan
After recording of a final development plan
for a Planned Industrial District, changes not
inconsistent with the purpose or intent of this
section may be approved by the Planning and
Zoning Commission. Changes affecting the pur-
pose or intent of this section shall require a
new petition for a Planned Industrial District.
4-121.5.2 City Initiated District
The procedure to be followed in order to utilize land in
a Planned Industrial District established by ordinance
by the City Council upon its own initiative or by peti-
tion of the Planning and Zoning Commission shall be
as specified in said ordinance.
4-121.6 Lot and Bulk Regulations
Lots, uses and structures shall conform to the lot and bulk
standards specifically provided in the ordinance establish-
ing a particular PI Planned Industrial District or in reso-
lutions adopted pursuant thereto.
4-121.7 District Standards
4.121.7.1 Performance Standards
All uses established in a Planned Industrial District
shall operate in accordance with the following perfor-
mance standards. These standards are minimum re -
Supp. No. 15
2580.6
§ 4-121 APPENDIX A—ZONING § 4-121
Supp. No. 15
quirements and may be made more restrictive in the
specific ordinance authorizing the establishment of a
particular Planned Industrial District or in resolutions
adopted pursuant thereto.
a. Vibration
No activity or operation shall at any time cause
earth vibration perceptible beyond the lot line of
the lot on which the operation is located, except
that vibration caused by blasting conducted in
accordance with the requirements of Article III,
Chapter 26 of the Municipal Code, may exceed
these limitations.
b. Smoke, Particulate Matter and Gases
No activity or operation shall be established which
fails to meet the air quality regulations of the
Iowa Department of Environmental Quality.
c. Odor
No activity or operation shall cause at any time
the discharge of toxic or noxious odor beyond the
lot line of the lot on which it is located.
d. Noise
No activity or operation shall be carried on which
involves noise limitations for Light Industrial Dis-
tricts set forth in Article VII, Chapter 26 of the
Municipal Code.
e. Glare
Glare, whether direct or reflected, such as from
spot lights or high temperature processes, and as
differentiated from general illumination, shall not
be visible beyond the lot line of the lot on which
the use is located.
f. Wastes
1) Solid Wastes. All solid waste materials, de-
bris, refuse or garbage shall be properly con -
2580.7
§ 4-121 DUBUQUE CODE § 4-122
g.
tained in a closed container designed for such
purpose. No exterior incineration of trash or
garbage is permissible.
2) Sewage and Liquid Wastes. All liquid wastes
shall be discharged in full compliance with
appropriate City, State and Federal regulations.
Fire Hazard
No activity or operation shall be established which
fails to meet the City's fire code.
4.121.7.2 Additional Standards
The specific ordinance establishing a particular Planned
Industrial District or resolutions adopted pursuant thereto
may provide additional standards for the design, de-
velopment, operation and maintenance of uses and
structures. These additional standards may include,
but are not limited to:
a. Control of operations outside of enclosed buildings.
b. Control of lighting and utilities.
c. Provision of landscaping and protection of natural
areas.
d. Control of refuse collection areas.
e. Off-street parking and loading requirements.
f. Control of signage. (Ord. No. 38-82, § 1, 8-2-82)
Editor's note—Ord. No. 38-82, § 1, enacted Aug. 2, 1982, amended App. A, §
4-121 in its entirety to read as hereinabove set out. Prior to amendment, said
section derived from Ord. No. 29-80, § 2, enacted May 5, 1980. At the discretion of
the editor, certain subsections have been prefixed by "4-121." with the applicable
subsection numbers following the decimal point.
Section 4-122 C-7 General service and wholesale
commercial district
4-122.1 General Statement of Intent
The C-7 General Service and Wholesale Commercial
District is intended to provide areas for a variety of
service and wholesale uses as well as some limited
office, retail and industrial activities.
Supp. No. 15
2580.8
§ 4-122 APPENDIX A—ZONING § 4-122
The uses permitted in this district are typically
characterized by large storage space requirements, by
a relatively high volume of truck traffic and low
volume of customer traffic, by major repair of motor
vehicles, or by outdoor storage. Unless their develop-
ment and operation is adequately planned and
controlled, these uses can lead to an erratic and
incomplete land development pattern, a loss of value
and utility in surrounding properties and a reduction
of the safety and efficiency of public streets.
For these reasons, the regulations of this district are
directed toward buffering the negative aspects and
side effects of these uses upon neighboring properties
and the community in general and toward protecting
the safety and utility of the public streets. Special
emphasis shall be placed on traffic considerations and
site design standards in decisions concerning permit-
ted uses, conditional uses, variances and creation of
new C-7 Commercial Districts. (Ord. No. 54-80, § 2,
8-18-80)
4-122.2 Principal Permitted Uses
In the C-7 Commercial District, no building, structure
or land shall be used, and no building or structure
shall be built or altered to be used in whole or in part,
except for the following purposes:
1. Commercial service uses
a. Agricultural supply sales, but not including
sales of retail convenience goods.
b. Air conditioning and heating equipment and
supply sales and service.
c. Automobile service repair and body work, but
not including gas stations or car washes.
d. Commercial machine, equipment and supply
sales and service.
Supp. No. 15
e. Contractor's offices.
2580.9
§ 4-122
DUBUQUE CODE § 4-122
f. Electric motor sales, service and repair.
g. Engine sales and service.
h. Linen, towel, diaper or similar laundry and
supply service.
i. Plumbing and heating equipment and supply
sales and service.
Refrigeration equipment and supply sales and
service.
k. Landscape services, but not including retail
garden and lawn supply sales.
1. Vehicle alteration.
m. Vending machine service.
n. Welding service.
2. Wholesale and warehouse uses
a. Wholesale trade of durable and nondurable
goods, except for coal and other materials and
J•
Supp. No. 15
2580.10
[The next page is 2580.15]
§ 4-122 APPENDIX A—ZONING § 4-122
ores, scrap and waste materials, live animals,
explosives, flammable gases or liquids, and
petroleum and petroleum products.
b. Warehousing for commercial and industrial
uses.
3. Retail business uses
a. Automobile parts and supply sales.
b. Furniture and household appliance sales,
service and repair.
c. Lumber and other building material sales, but
not including sales of retail convenience
goods.
d. Musical instrument sales, service and repair.
4. Office uses
a. Professional office uses, but not including
offices of physicians, dentists, osteopathic
physicians, or other health practitioners.
5. Industrial uses, provided that the floor area
occupied does not exceed twenty thousand (20,000)
square feet and provided that such use can be
conducted without noise, vibration, odor, dust or
any other condition which might be disturbing to
occupants of adjacent properties:
a. Manufacture of ice.
b. Printing and publishing.
c. Processing or assembly.
d. Tool, die and pattern -making.
6. Instructional uses
a. Churches. (Ord. No. 54-80, § 2, 8-18-80; Ord. No.
54-81, § 7, 10-19-81)
4-122.3 Accessory Uses
Accessory uses and buildings are permitted in the C-7
Commercial District in accordance with the provisions
and regulations of Article V of this ordinance, entitled
Supp. No. 12 2580.15
§ 4-122 DUBUQUE CODE § 4-122
"Supplementary District Regulations," and include in
addition to those subordinate uses which are clearly
and customarily incidental to the principal permitted
uses, the following:
1. Retail outlet store, for goods handled at wholesale
or products made by the principal use provided
that such retail sales shall be clearly incidental to
the operation of the principal use.
2. Office facilities.
3. Instruction on the use or operation of equipment
incidental to the principal use. (Ord. No. 54-80, §
2, 8-18-80)
4-122.4 Conditional Uses
The following conditional uses are permitted in the
C-7 Commercial District, but only in accordance with
the provisions of conditional use permits:
1. Similar and compatible uses to those allowed as
"principal permitted uses" in this district.
2. Cartage, express and parcel delivery.
3. Towing service.
4. Moving, storage and freight transfer.
5. Mini -warehousing on a parcel of land not less
than two (2) acres and not more than five (5)
acres.
6. Sales, rental, or storage of vehicles.
7. Sales, rental or storage of machinery, tools, heavy
construction equipment or other similar equip-
ment. (Ord. No. 54-80, § 2, 8-18-80)
4-122.5 Prohibited Uses
The following uses are expressly prohibited in the C-7
Commercial District, and nothing in the provisions or
regulations for this district shall be interpreted or
construed to authorize the establishment of any such
Supp. No. 12
2580.16
§ 4-122 APPENDIX A—ZONING § 4-122
use in this district as a principal permitted use,
accessory use, or conditional use:
1. Retail uses, except as permitted in Section
4-122.2.3, Section 4-122.3.1, Section 4-122.4.6, and
Section 4-122.4.7.
2. Residential uses.
3. Junkyards, scrap or salvage operation.
4. Bulk fuel storage, except for the purpose of
providing energy to a principal permitted use.
(Ord. No. 54-80, § 2, 8-18-80)
4-122.6 Schedule of District Regulations Adopted
Additional regulations for the C-7 Commercial Dis-
trict shall be as set forth in the C-7 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."
C-7 Schedule of District Regulations
All Principal Permitted Uses,
Accessory Uses,
or Conditional Uses
Minimum required front 35' on arterial streets
yard setback (in feet) 20' on all other streets
Minimum required side None, except if provided, then
yard setback (in feet) 10'
Minimum required rear 10' plus 2' per story over the
yard setback (in feet) first story
Minimum required side or
rear yard adjoining a res-
idential or office -residen-
tial district (in feet)
30', except if an appropriate
and effective landscape screen
is provided, then 15'
Maximum building height 35'
(in feet)
(Ord. No. 54-80, § 2, 8-18-80)
Supp. No. 8 2580.17
§ 4-122 DUBUQUE CODE § 4-122
4-122.7 District Standards
1. Operations within enclosed buildings
All operations and activities shall be conducted
and maintained within completed [completely]
enclosed buildings except:
a. Off-street parking and loading facilities.
b. Signs; and
c. Outdoor storage.
2. Outdoor storage
Outdoor storage shall be permitted only when
related to a principal permitted use and provided
that:
a. No outdoor storage shall be permitted in any
required front yard or any required side or
rear yard adjoining a residential or office -
residential district.
b. No outdoor storage of materials which could
be blown into the air or strewn about by the
wind shall be permitted.
c. All outdoor storage areas shall be visually
screened from adjacent property and streets
by an appropriate opaque screen up to a point
eight (8) feet in vertical height.
d. Outdoor storage shall be meant to include all
company owned and operated vehicles, with
the exception of passenger vehicles.
3. Lighting
All exterior lighting shall be installed and
operated so as not to cause glare or to shine into
adjacent properties and streets.
4. Refuse collection areas
a. All outdoor refuse collection areas shall be
visually screened from adjacent properties and
streets by an appropriate opaque screen.
Supp. No. 8
2580.18
§ 4-122 APPENDIX A—ZONING § 4-122
b. No refuse collection areas shall be permitted
in any required front yard or any required side
or rear yard adjoining a residential or
office -residential district.
5. Performance standards
Uses which because of the nature of their
operation are accompanied by an excess of
vibration, smoke, noxious gases, odor, noise,
glare, wastes, or fire hazard shall not be
permitted. These residual features shall be consid-
ered as "excessive" when they either exceed or
deviate from the limitations set forth in the
following performance standards:
a. Vibration
No activity or operation shall at any time
cause earth vibrations perceptible beyond the
limits of the immediate site on which the
operation is located.
b. Smoke, particulate matter and gases
No activity or operation shall be established
which fails to meet the air quality regulations
of the Iowa Department of Environmental
Quality pertaining to emission of smoke,
particulate matter, fugitive dust, gases and
other air contaminants.
Supp. No. 8
c. Odor
No activity or operation shall cause at any
time the discharge of toxic, noxious or odorous
matter beyond the limits of the immediate site
where it is located in such concentrations as
to be detrimental to or endanger the public
health, welfare, comfort or safety.
d. Noise
No activity or operation shall be carried on
which involves noise in excess of the normal
2580.19
§ 4-122
DUBUQUE CODE § 4-122
traffic noise of the adjacent street at the time
of daily peak hour of traffic volume. This
standard shall be muffled so as not to be
objectionable due to intermittance, beat fre-
quency, or shrillness.
e. Glare
Glare, whether direct or reflected, such as
from spot lights or high temperature pro-
cesses, and as differentiated from general
illumination, shall not be visible beyond the
limits of the immediate site from which it
originates.
f. Wastes
1. Solid wastes. All solid waste materials,
debris, refuse or garbage shall be properly
contained in a closed container designed
for such purpose. No exterior incineration
of trash or garbage is permissible.
2. Sewage and liquid wastes. All liquid shall
be discharged in full compliance with
appropriate city, stat and federal regula-
tions.
g.
Fire hazard
No activity or operation shall be established
which fails to meet the city's fire code.
6. Off-street parking
a. Number
Off-street parking shall be provided in suffi-
cient number for each use in conformance
with Section 5-104.
Supp. No. 8
b. Design
All off-street parking areas shall be designed
and constructed in conformance with Section
5-103.
2580.20
4-122
APPENDIX A—ZONING § 4-122
c. Location
No off-street parking space or access aisle
shall be located closer than five (5) feet to a
front lot line or closer than ten (10) feet to a
side or rear lot line adjoining a residential or
office -residential district.
7. Loading facilities
a. Number
Loading spaces shall be provided in sufficient
number for each use in conformance with
Section 5-104.
b. Design
1. All truck loading spaces and maneuvering
areas shall be surfaced with a hard,
all-weather, durable, dust -free surfacing
material and shall be properly drained
and screened.
2. All loading spaces shall have an adjacent
open paved area, other than a street or
public way of adequate size and so located
as to provide for all required maneuvering
for truck access to the loading space
off-street.
c. Location
No loading space or maneuvering area shall
be located closer than five (5) feet to a front
lot line or closer than ten (10) feet to a side or
rear lot line adjoining a residential or
office -residential district.
8. Signs
All signs shall conform to the regulations of
Section 5-105. (Ord. No. 54-80, § 2, 8-18-80)
Supp. No. 19
2580.21
§ 4-123 DUBUQUE CODE § 4-123
Section 4-123 CR Commercial recreation district
4-123.1 General Purpose and Description
The CR Commercial Recreation District is intended to pro-
vide for commercial recreation facilities, together with their
supporting uses, which generally require large tracts of
land and/or generate substantial volumes of traffic. (Ord.
No. 44-83, § 2, 9-6-83)
4-123.2 Principal Permitted Uses
The following uses shall be permitted in the CR District:
1) Amusement centers, parks and kiddie parks
2) Amusement concessions and concession operators
3) Athletic fields, stadiums and sports arenas
4) Beaches
5) Bowling alleys
6) Campgrounds and recreational vehicle parks
7) Coin-operated amusement arcades
8) Dog racing, kennels, and track operations
9) Fairgrounds, circuses and carnivals
10) Golf courses
11) Driving ranges, miniature golf, pitch and putt
12) Excursion boats and services
13) Health, sports, recreation and athletic clubs and
organizations
14) Horse racing, breeding and stable and track operations
15) Motels and hotels
16) Museums, art galleries, botanical and zoological gar-
dens and arboretums
17) Parking lots and ramps
18) Picnic grounds
19) Pleasure craft harbors
20) Railroad, utility and public uses
21) Restaurants
22) Sports and recreational equipment rental and sales
23) Swimming pools
24) Wetlands and wildlife habitat (Ord. No. 44-83, § 2,
9-6-83)
Supp. No. 19
2580.22
§ 4-123
APPENDIX A—ZONING § 4-123
4-123.3 Accessory Uses
Only those uses that are customarily incidental and sub-
ordinate to a principal permitted use shall be allowed as
an accessory use in the CR District. (Ord. No. 44-83, § 2,
9-6-83)
4-123.4 Conditional Uses
The following conditional uses are permitted in the CR
District, subject to the provisions of Article VI of this
ordinance:
1) Bars and taverns, other than accessory uses to a prin-
cipal permitted use
2) Drive-in restaurants. (Ord. No. 44-83, § 2, 9-6-83)
4-123.5 Temporary Uses
The following uses shall be permitted as temporary uses in
the CR District:
1) (Reserved for future use). (Ord. No. 44-83, § 2, 9-6-83)
4-123.6 Bulk Regulations
1) Lot area: No minimum
2) Lot frontage: No minimum
3) Lot coverage: No maximum
4) Required front yard: Thirty-five (35) feet on arterial
streets; twenty (20) feet on other streets
5) Required side yard: None required
6) Required rear yard: Ten (10) feet plus two (2) feet per
story over the first story
7) Building height: One hundred (100) feet maximum.
(Ord. No. 44-83, § 2, 9-6-83)
4-123.7 Parking Requirements
Off-street parking and loading shall be provided in con-
formance with Section 5-104 of this ordinance. (Ord. No.
44-83, § 2, 9-6-83)
4-123.8 Signs
All signs shall conform to the regulations of Section 5-105.
(Ord. No. 44-83, § 2, 9-6-83)
Supp. No. 19
2580.23
§ 5-101 APPENDIX A -ZONING § 5-101
ARTICLE V. SUPPLEMENTARY DISTRICT
REGULATIONS
Section 5-101 Accessory use provisions
5-101.1 General Provisions
5-101.1.1 Only Specifically Authorized Accessory Uses
Allowed; Accessory Uses Must Be Subordi-
nate to Principal Use
No accessory- use shall be permitted in any district
unless such use is specifically authorized by this
ordinance. No accessory use shall be deemed to be
authorized by this ordinance unless such use is in
fact subordinate to and on the same zoning lot
with the principal use in conjunction with which
it is maintained.
5-101.1.2 Location and Coverage of Accessory Uses,
Buildings, and Structures.
Location: No accessory use, building, or structure
permitted by this ordinance may be located in a
front yard, except as otherwise specifically au-
thorized. No accessory building and no structure,
equipment or material of any kind exceeding five
(5) feet in height may be located in a required
side yard.
Accessory Building Coverage: Permitted accessory
buildings may not cover more than thirty percent
(30% ) of any side or rear yard.
Side and Rear Yard Setback for Accessory Build-
ings and Structures: Where a garage is entered
from an alley, such garage shall be located no less
than six (6) feet from the alley line. All other
permitted accessory buildings or structures shall
be located no less than three (3) feet from any
side or rear yard line, except where a greater set-
back is required by other provisions of this ordi-
nance.
2581
§ 5-101 DUBUQUE CODE § 5-101
5401.1.3 Residential Dwelling Prohibited in Accessory
Buildings
No accessory building may be used for residential
dwelling purposes at any time.
5-101.2 Permitted Accessory Uses
5-101.2.1 Residential Districts (R-1, R-2, R-3, R-4,
R-5)
Accessory uses shall be permitted for the principal
permitted uses and conditional uses of the residen-
tial districts only in accordance with the provi-
sions of Table 5-101.2, hereby adopted by reference
and declared to be a part of this ordinance.
2582
§ 5-101 APPENDIX A—ZONING § 5-101
Table 5-101.2
Permitted Accessory Uses
Principal Use
0 . 0w,
�`H 0)d)rn 8 00.
0 0 d o t-+ ,+-1
G +j
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2583
§ 5-101 DUBUQUE CODE § 5-101
Table 5-101.P—Cont'd.
Permitted Accessory Uses
Principal Use
00
All Conditional Uses
No accessory uses permitted.
2584
§ 5-101 APPENDIX A -ZONING § 5-101
5-101.2.2 Office -Residential District (OR -1)
Accessory uses shall be permitted in the OR -1
Residential District as follows:
For all principal uses which are also permitted in
a residential district (R-1, 11-2, R-3, R-4, or R-5),
permitted accessory uses shall be the same as those
set forth in Table 5-101.2. For all other principal
uses, any use customarily incident to the principal
use shall be permitted as an accessory use, except
commercial uses.
5-101.2.3 Commercial Districts (C-1, C-2, C-3, C-4, C-5,
C-6)
In any Commercial District, any accessory use cus-
tomarily incident to a principal permitted use or
conditional use shall be permitted, except those
uses specifically prohibited in the district.
5-101.3 Home Occupations
5-101.3.1 Permitted Home Occupations for Residential
Office -Residential Districts
Home occupations shall be permitted as accessory
uses to a principal residential use within any resi-
dential or office -residential district (R-1, R-2,
R-3, 11-4, R-5, OR -1), but only in conformance with
the standards of Section 5-101.3.2 of this ordi-
nance.
5-101.3.2 Home Occupations Standards
In addition to meeting the general accessory use
standards of Section 5-101.1 and all applicable
standards or regulations of the zoning district
in which it is located, each home occupation shall
comply with the following standards :
1) No home occupation may be operated in such
a manner as to create offensive noise, odor,
smoke, heat, vibration, electronic interference
2585
§ 5-101 DUBUQUE CODE § 5-101
or other interference with the appropriate
use and enjoyment of adjacent properties, or
otherwise constitute a nuisance or safety haz-
ard to adjacent persons or properties.
2) No outdoor storage of equipment or materials
used in the home occupation shall be permit-
ted.
3) No more than twenty-five per cent (25%) of
the total floor area of a dwelling unit may
be devoted to the home occupation.
4) No internal or external alteration which would
change the basic character of the building as
a residential dwelling shall be permitted.
5) No non-resident employee(s) may be employed
on the premises at any time.
6) No sales or public display of goods shall be
allowed, except that goods produced on the
premises may be sold on the premises.
7) A permitted home occupation may be operated
or maintained as an accessory use only in the
principal building.
Section 5-101.4. Special Regulations Governing the Off -
Street Parking and Storage of Vehicles in
Residential Districts
5-101.4.1 Statement of Intent
In order to avoid the obstruction of public streets
and sidewalks, improve traffic visibility, insure
the provision of necessary light and air to resi-
dential dwellings, and maintain the visual harmony
and character deemed appropriate in residential
neighborhoods within the City, it is the intent of
this ordinance that the provisions of this Section
should be narrowly construed so as to prohibit any
2586
§ 5-101 APPENDIX A -ZONING § 5-101
parking or storage of vehicles on residential lots
except as clearly and specifically authorized here-
in.
5-101.4.2 Application and Scope of Regulations
The provisions of this Section shall govern the
off-street parking or storage of vehicles as an
accessory use within any R-1, R-2, R-3, 11-4 or R-5
residential district, and no such accessory off-
street parking or storage of vehicles within any
such district shall be permitted except in con-
formance with these provisions.
5-101.4.3 Definitions
The following definitions shall govern the interpre-
tation of this Section :
1) vehicle: as used in this Section, a vehicle shall
be broadly interpreted to mean any implement
of conveyance designed or used for the trans-
portation of people or materials on land,
water or air, including but not limited to auto-
mobiles, trucks, bicycles, motorcycles, snow-
mobiles, boats, airplanes, helicopters, trailers,
campers, wagons, etc.
2) storage: the substantially uninterrupted place-
ment on a residential lot of any vehicle for any
consecutive period of time exceeding forty-
eight (48) hours.
3) parking: the placement on a residential lot of
a vehicle for any substantially uninterrupted
period of time not exceeding forty-eight (48)
hours.
5-101.4.4 Off -Street Parking or Storage of Vehicles Al-
lowed as an Accessory Use, Subject to Stand-
ards
Within any R-1, R-2, R-3, R-4, or R-5 Residential
District, the off-street parking or storage of ve-
hicles as an accessory use to a residential dwelling
unit is permitted, but only in conformance with the
standards of Section 5-101.4.5.
2587
§ 5-101 DUBUQUE CODE § 5-101
5-101.4.5 Standards Governing the Off -Street Parking
or Storage of Vehicles as an Accessory Use in
Residential Districts
1) Maximum Size Limitation on Vehicles Stored
No vehicle exceeding twenty (20) feet in over-
all length or nine (9) feet in overall height
may be stored anywhere on a residential lot
as an accessory use, contrary provisions of
this ordinance notwithstanding.
2) Front Yard Storage Prohibited
No vehicle may be stored in the front yard of
a residential dwelling under any circumstan-
ces, but front yard parking of vehicles may be
permitted in conformance with the other
standards of this Section.
3) Rear Yard Storage Required, if Accessible
All vehicles shall be stored only in a rear yard,
where one exists, except that where no rear
yard exists, or where the Building Commis-
sioner determines that an existing rear yard
is not reasonably accessible, then not more
than one (1) vehicle may be stored in a side
yard, provided that no part of such vehicle
may be stored within a required side yard.
4) Current Registration Required for All Ve-
hicles Stored
No vehicle may be stored as an accessory use
on a residential lot unless such vehicle bears a
current Iowa certificate of motor vehicle regis-
tration.
5) Storage in Required Parking Spaces for Multi-
ple Family Dwellings Prohibited
Contrary provisions of this ordinance not-
withstanding, no vehicle storage shall be per-
mitted in the required parking spaces for a
multiple -family dwelling. Off-street vehicle
2588
§ 5-101 APPENDIX A—ZONING § 5-102
storage space may be provided for a multiple -
family dwelling, provided that a Site Plan
for such space is approved in accordance with
Section 5-103 of this ordinance.
Section 5-102 General provisions
5-102.1 Average Front Yard Setback Required in Residen-
tial Districts on Developed Street Fronts
5-102.1.1 Statement of Intent
It is the intent of this section to preserve the
visual continuity and harmony of existing, de-
veloped residential areas by requiring that new
structures built on developed blocks provide a
front yard substantially equivalent to the average
on the block.
5-102.1.2 Average Setback Required
In any residential district (R-1, R-2, R-3, R-4,
R-5) or office -residential district (OR -1), where
a front yard greater or less than is required by
this ordinance has been maintained for existing
structures on lots having a frontage of fifty per
cent (50% ) or more of the total frontage of the
block, the required front yard setback for all
structures or buildings on the block shall be not
less than five (5) feet less than, nor greater than
five (5) feet more than the average front yard
setback of all structures on the block, contrary
provisions of this ordinance notwithstanding; pro-
vided further that in no case shall these provisions
be interpreted to permit a front yard of less than
ten (10) feet, nor shall these provisions be in-
terpreted to require a front yard of greater than
fifty (50) feet.
5-102.2 Maintenance of Visibility on Residential Corner
Lots Required
On any corner lot located within a residential or office -
residential (OR) district, including such districts which
Supp. No. 1 2589
§ 5-102
DUBUQUE CODE § 5-103
are superimposed with the Planned Unit Development
designation, nothing shall be erected, placed, planted,
or allowed to grow in such a manner as to materially
impede vision between a height of two and one-half
(21/2) and ten (10) feet above the centerline grades of
the intersecting streets in the area bounded by the
street lines of such corner lots and a line joining the
points of such street lines which are fifty (50) feet
from the point of intersection.
5-102.3 Yard Setback Required in Certain Commercial and
Light Industrial Districts
Within any Commercial (C) District or Light Indus-
trial District (LI), any new structure or use of land
hereafter established on a lot abutting an occupied resi-
dential structure shall be required to provide a front
yard setback equal to the front yard setback of such
abutting residential structure, or equal to the average
setback where such property is abutted on two sides by
occupied residential structures ; providing further that
such front yard setback shall not be required to exceed
15 feet unless so provided by the regulations of the
applicable zoning district. Any new structure or use of
land hereafter established on a lot abutting an occupied
residential structure shall be required to provide a side
yard or rear yard opposite such abutting residential
structure so that the distance between structures shall
be not less than 6 feet. (Ord. No. 35-76, § 1, 8-16-76)
Section 5-103 Site plan review provisions
5-103.1 General Statement of Intent
The Council finds that a lack of attention to both the
characteristics of land being developed and its relation
to the surrounding physical environment has too often
resulted in functional and esthetic deficiencies in the
construction of new structures and facilities within the
City.
Supp. No. 1
2590
§ 5-103 APPENDIX A—ZONING § 5-103
The Council further finds that lack of proper site
planning to avoid such deficiencies limits the oppor-
tunity to attain the optimum use and value of land and
improvements within the City, increases the cost of
providing necessary municipal services to residents,
hinders the harmonious and attractive growth and de-
velopment of the City, reduces the stability and value
of property, encourages the premature deterioration
and obsolescence of individual structures and neighbor-
hood communities, and seriously reduces the desirabili-
ty of residence, occupation, and investment within the
City.
The site planning review requirements of this Section
are designed to alleviate the deleterious effects of un-
planned site development by providing for appropriate
administrative review over those elements of site de-
velopment in which the public interest is involved.
Regulations of this section are therefore intended to
insure a high level of functional efficiency, innovation,
Supp. No. 1
2590.1
§ 5-103 APPENDIX A -ZONING § 5-103
attractiveness, and harmony in the physical design and
development of new structures and facilities, and
should be narrowly construed as the minimum require-
ments necessary to promote the public welfare.
5-103.2 Application, and Scope
No building permit or occupancy permit shall be issued,
and no construction, grading or other land development
activity listed below may be commenced on property
unless a Site Plan has been submitted and approved
for such activity as set forth in this Section.
Development activities subject to the requirements of
this Section may thereafter be carried out only in sub-
stantial conformance with the approved Site Plan and
any conditions or restrictions attached thereto. Any
substantial deviation from the approved Site Plan,
unless approved in advance by the City Planner, shall
be deemed a violation of this Ordinance.
Development Activities Subject to Site Plan Review
1) Construction of any building with a floor area of
more than 600 square feet except single-family
detached dwellings and duplexes and permitted
accessory structures to a single-family dwelling or
duplex.
2) Any change, alteration, or modification in a struc-
ture or use which would require the provision of
additional off-street parking spaces, additional lot
area, or other substantial change in zoning re-
quirements applicable to such structure or use.
3) The construction or creation of any parking lot or
the expansion of any existing parking lot.
5-103.3 Administrative Waiver of Site Plan Review—When
Permitted
The City Planner may waive the requirements for Site
Plan review for any development activity within the
scope of Section 5-103.2 (2) or 5-103.2 (3) where he
2591
§ 5-103 DUBUQUE CODE § 5-103
reasonably believes that such waiver will not adversely
affect the purposes and intent of this ordinance.
5-103.4 Required Contents of Site Plan
A Site Plan shall contain the following items of in-
formation:
5-103.4.1 Written Information
1) Legal description and address of the property.
2) Name, address, and phone number(s) of the
property owner (s).
3) Name, address and phone number(s) of the
developer (s) or contractor (s), if different
than the owner (s).
4) Proposed construction and landscaping sched-
ule indicating the timing and sequence of each
major development activity.
5) Proposed use(s) for all non-residential build-
ings or structures.
6) Data clearly identifying the following: total
number and type(s) of dwelling units on the
property ; number and type of all structures
or buildings, whether residential or non-resi-
dential; total area of the property; number of
dwelling units per acre; total floor area of
each building.
7) Present zoning classification(s) of the prop-
erty.
8) Present and proposed type and number of
parking spaces on the property.
5-103.4.2 Graphic Materials
The Site Plan shall include one or more appropri-
ately scaled maps or drawings of the property
clearly and accurately indicating the following:
2592
§ 5-103 APPENDIX A -ZONING § 5-103
1) Complete property dimensions;
2) The location, grade, and dimensions of all
present and/or proposed streets or other paved
surfaces and engineering cross-sections of pro-
posed new curbs and pavement;
3) Complete parking and traffic circulation plan,
if applicable, showing location and dimensions
of parking stalls, dividers, planters or similar
permanent improvements ; perimeter screen-
ing treatment, including landscaping, etc. ;
4) Location and full dimensions of all buildings
or major structures, both proposed and exist-
ing, showing exterior dimensions, number and
area of floors, location, number and type of
dwelling units, height of building (s), etc.;
5) Existing and proposed contours of the prop-
erty taken at regular contour intervals not to
exceed five (5) feet, or two (2) feet if the
City Planner determines that greater contour
detail is necessary to satisfactorily make the
determinations required by this ordinance;
6) The general nature, location, and size of all
significant existing natural land features, in-
cluding but not limited to sidewalks or paths,
tree or bush masses, all individual trees over
six (6) inches in diameter, grassed areas,
surface rock and/or soil features, and all
springs, streams, or other permanent or tem-
porary bodies of water ;
7) A locational map or other drawing at appro-
priate scale showing the general location and
relation of the property to surrounding areas,
including, where relevant, the zoning and land
use pattern of adjacent properties, the existing
street system in the area, location of nearby
public facilities, etc.
2593
§"`5-108 DUBUQUE CODE §.5-103
5-103.4.3 Additional Information
In addition to the information required by Section
5-103.4, the Site Plan shall contain such additional
information as the City Planner reasonably con-
siders necessary to properly make the determina-
tions required under Section 5-103.6 of this Sec-
tion.
5-103.5 Required Procedures for Site Plan Review
Pre -Application Conference Requirement
.At least three (3) days prior to submission of a Site
Plan for review, the applicant shall meet with the
City Planner or his designee in a pre -application con-
ference. The purpose of the pre -application conference
is to acquaint the applicant with standards and pro-
cedures of Site Plan review and allow him to outline
the nature of the development proposed for initial com-
ment and advice of the City Planner.
Application for Site. Plan Review
Following the pre -application conference, application
for Site Plan review may be made by submitting to the
Planning Department four (4) copies of ,a completed
Site Plan, together with the application fee specified in
Article X of this ordinance. The Planning Department
shall promptly submit one (1) copy of the Site Plan
to the City Engineer for review and comment and one
(1) copy to the Zoning Administrator for his per-
manent records. The remaining copies shall be retained
for Planning Department use.
Review Procedure for Site Plans
Within fourteen (14) days following proper applica-
tion for Site Plan review, the City Planner shall take
action to either approve, approve subject to conditions,
or disapprove the Site Plan. The City Planner shall
promptly notify the applicant of the action taken and
shall indicate in writing the reasons for such action.
2594
§ 5-103 APPENDIX A -ZONING § 5-103
In conducting the review of Site Plans, the City Plan-
ner may solicit the advice or opinions of other inter-
ested City departments. In the case of any Site Plan
which proposes the construction of new streets, drive-
ways, curbs, or other paved surfaces designed for ve-
hicular use, the City Planner shall first obtain the
advice and comment of the City Engineer prior to any
action.
5-103.6 Standards for Site Plan Review
5-103.6.1 Application of Standards
The City Planner shall not approve any Site Plan
unless he determines that such plan is in con-
formance with the general standards of Section
5-103.6.2 and the specific development standards
contained in Section 5-103.6.3, if applicable.
5-103.6.2 General Site Plan Review Standards Appli-
cable to All Site Plans
Steep Slope Protection Required: All areas of the
property for which the slope exceeds ten percent
(10%) shall be carefully protected by appropriate
measures against soil erosion and run-off, falling
rocks or trees, and any other potential detriments
to the site or adjoining property related to the
steepness or ruggedness of the land surface. The
City Planner may solicit the advice and comment
of the City Engineer or the Soil Conservation Dis-
trict officer in determining the appropriateness
of protective measures and may formulate reason-
able rules and policies governing specific slope
protection measures if approved by the City Coun-
cil.
Protective Measures To Conserve Site Amenities
Required
The Site Plan must show that the, developer has
made a serious and reasonable effort, consistent
with the type, scale, and nature of the proposed
2595
§ 5-103 DUBUQUE CODE § 5-103
development, to conserve and protect those natural
physical characteristics of the site which are of
some lasting benefit to the property and to the
community at large, including, but not limited to :
1) Trees over six (6) inches in diameter.
2) Streams or other bodies of water.
3) Trees of any size within required yard areas
unless removal is necessary for purposes of
access, grading, traffic circulation, utility in-
stallation or drainage.
Lighting Standards
Alllighting fixtures or devices shall be so designed
and arranged as to adequately service the illumina-
tion needs of the development itself without cast-
ing unnecessary light on adjoining residential
properties or otherwise interfering with traffic
circulation and safety or with the appropriate use
and enjoyment of surrounding property.
Screening Standards
All required screening shall be of sufficient opacity
to effectively screen the development from sur-
rounding properties which may be detrimentally
affected. Except where the type or composition
of screening is specified by this ordinance, any
permanent and effective method may be used, such
as plantings, walls, earth or other landscape bar-
riers, etc., so long as such methods do not com-
promise the objectives of this ordinance and are
reasonably appropriate to the development itself.
Underground Placement of Utility Systems Re-
quired
All utility service transmission systems, including
but not limited to water, gas, sewer, electrical, or
telephone lines shall be placed underground when-
ever reasonably practicable.
2596
§ 5-103 APPENDIX A—ZONING § 5-103
Design of Rubbish, Garbage, Storage and Burning
Areas
All outside rubbish, storage, and garbage areas
shall be permanently screened from view to a
height of at least six (6) feet and so constructed
as to prevent accidental dispersal of the material
contained therein.
5-103.6.3 Specific Development Standards
5-103.6.3.1 Parking Lot Standards
All parking lots shall conform to the following
standards except lots located wholly within an
H-1 Heavy Industrial District.
1) Appropriate visual screening in conform-
ance with the screening standards of Sec-
tion 5-103.6.2 shall be provided on all por-
tions of the parking lot perimeter except
in exit or access driveways.
2) All areas designed for vehicular use shall
be paved with either an eight inch (8")
rolled stone base and two and one-half
inch (21/2") asphaltic concrete mat, a six
inch (6") Portland cement concrete pave-
ment, or other equivalent pavement ap-
proved by the City Engineer. The paving
surface must be so designed and main-
tained as to allow prompt and effective
drainage of natural precipitation. No
water drainage across sidewalks shall be
allowed.
3) Adequate illumination of the lot shall be
provided in conformance with the stand-
ards of Section 5-103.6.2. In no case shall
illuminating devices be placed higher than
fifteen (15) feet above ground level in a
residential district.
Supp. No. 1
2597
§ 5-103 DUBUQUE CODE § 5-103
4) All parking spaces shall be clearly
marked. Appropriately placed signs and/
or pavement directions shall be employed
to guide internal circulation and traffic
access and exit.
5) A live hardwood tree of at least two (2)
inches in diameter shall be planted and
maintained for every ten (10) parking
spaces within the lot, or any portion
thereof. (Ord. No. 47-75, § 1, 12-22-75)
5-103.7 Appeal Procedure
The Site Plan review applicant, any aggrieved citizen,
or any two (2) members of the Planning Commission
may upon notice appeal in whole or in part any de-
termination or decision of the City Planner made with-
in the scope of this Section, including a decision to
waive Site Plan review made pursuant to Section
5-103.3. Appeal is without cost and shall be made by
delivery of written notification of .the appeal to the
Planning Department within the fifteen (15) days im-
mediately following the decision or determination from
which appeal is sought.
The Planning Commission shall review all appeals,
and to that end shall have all the powers and duties of
the City Planner relative to Site Plan review. The af-
firmative vote of at least four (4) Commissioners shall
be necessary to affirm, overturn, or modify the de-
cision from which appeal is sought. At the Commission
meeting, the appealing party or parties and all other
interested parties shall be presented a reasonable op-
portunity to present their views. Following the ap-
peals hearing, the Commission must take action no
later than the next regularly scheduled Commission
meeting. A failure to act within such period shall have
the effect of affirming the determination from which
appeal has been made. Decisions of the Planning and
Supp. No. 1
2598
1 5-103 APPENDIX A—ZONING § 5-104
Zoning Commission may be appealed to the Board of
Adjustment in the same manner as appeals from a
decision of an administrative officer.
Section 5-104 Off-street parking and loading space require-
ments for commercial and industrial districts
5-104.1 Application and Scope
The provisions of this Section shall apply to all uses
located within a commercial or industrial district, ex-
cept the C-5 and C-6 Commercial Districts. No such use
shall be expanded or enlarged in any manner unless
the off-street parking and loading spaces required by
5-104.4 of this Section are provided in full for such
addition or expansion. In addition, no such use which
is non -conforming at the effective date of this ordi-
nance in respect to the off-street parking and loading
requirements of this Section shall be hereafter ex-
panded or enlarged to an extent greater than twenty-
five per cent (25%) unless parking and loading spaces
are provided in full so as to bring the entire expanded
use into conformity with this Section.
5-104.2 Rules for Computation of Off -Street Parking and
Loading Requirements
The following rules shall govern the computation of re-
quired off-street parking and loading spaces:
1) Where computation of required off-street parking
spaces results in a fractional number, the required
spaces for the use shall be the next higher whole
number.
2) Where more than one use is established on a single
lot, the off-street parking and loading require-
ments for the lot shall be the sum of the separate
requirements for each use established on the lot.
3) No use or building shall be hereafter permitted to
be enlarged or altered except as the required off-
street parking and loading spaces for such use or
building are provided.
Supp. No. 19
2599
§ 5-104 DUBUQUE CODE § 5-104
5-104.3 Location of Required Parking and Loading Spaces;
Joint Use
All off-street parking and loading spaces required by
this ordinance shall be located on the same lot as the
use for which such spaces are required, except that
where an increase in the number of off-street parking
spaces is required by an alteration or enlargement of a
use, or where such off-street parking spaces are pro-
vided or used jointly by uses contained in two or more
buildings, then the required off-street parking spaces
may be located not farther than three hundred (300)
feet from the use (s) served.
5-104.4 Schedule of Off -Street Parking and Loading Space
Requirements Adopted
Required off-street parking and loading spaces for uses
within a C-1, C-2, C-3, C-4, C-7, CR, LI, HI or PI District
shall be as set forth in Schedule 5-104.4, hereby adopted by
reference and declared to be a part of this ordinance. (Ord.
No. 29-80, § 3, 5-5-80; Ord. No. 54-80, §§ 3,4, 8-18-80; Ord.
No. 54-81, § 9, 10-19-81; Ord. No. 44-83, § 3, 9-6-83)
5-104.4 Schedule of Off -Street Loading Space Requirements
USE
GROSS FLOOR
AREA
(Square Feet)
SPACES REQUIRED
1. Professional Of-
fice Use; Hotels;
Commercial Rec-
reational facili-
ties
0— 9,999 none
10,000-99,999 1
100,000 or more 1 space for each 100,-
000
00;000 sq. ft. or fraction
thereof
2. Manufacturing;
Warehousing
0— 4,999
5,000-39,999
40,000-79,000
80,000 or more
none
1
2
1 space for each 50,-
000 sq. ft. or fraction
thereof
8. Restaurants ;
Laundries or
dry-cleaning
establishments ;
storage facili-
ties
Supp. No. 19
0— 9,999 none
10,000-24,999 1
25,000 or more 2 spaces plus 1 addi-
tional space for every
50,000 sq. ft. or frac-
tion thereof in excess
2600
§ 5-104 APPENDIX A—ZONING § 5-104
USE
GROSS FLOOR
AREA
(Square Feet)
SPACES REQUIRED
of 75,000 sq. ft. of
Gross Floor Area
4. All other com- 0— 9,999 none
mercial or in- 10,000-29,999 1
dustrial uses not 30,000 or more 2 spaces plus 1 addi-
listed in parts 1, tional space for each
2, or 3 above 50,000 sq. ft. or frac-
tion thereof in excess
of 30,000 sq. ft.
5-104.4 Schedule of Off -Street Parking Space Requirements
REQUIRED OFF-STREET
USE PARKING SPACES
1. Any residential use 1.5 per dwelling unit
2. Professional office 1.0 per 400 square feet of gross
floor area
3. give -in restaurant or 2.0 per 100 square feet of gross
drive-in bank floor area
4. Bowling alleys 4.0 per alley
5. Gas stations 2.0 plus 1 additional for each
service stall
6. Manufacturing 1.0 for each two (2) employees
on the maximum shift
7. Wholesale sales or stor- 1.0 for each two (2) employees
age facilities on the maximum shift or 1.0
per 800 square feet, whichever
is greater, plus 1.0 appropriate-
ly sized space for each vehicle
used in the conduct of the
enterprise.
8. Furniture stores 1.0 per 400 square feet of gross
floor area
Supp. No. 12
2601
§ 5-104 DUBUQUE CODE § 6-105
REQUIRED OFF-STREET
USE PARKING SPACES
9. All other commercial or 1.0 per 250 square feet of gross
industrial uses, includ- floor area
ing general retail or
service establishments
10. Churches
1.0 for each 4 permanent seats
Section 5-105 Sign regulations
5-105.1 General Statement of Intent
The provisions of this Section set forth the compre-
hensive regulations, conditions and limitations under
which signs may be permitted in the City of Dubuque.
It is intended by the Council that these provisions
shall be held to be the minimum regulations necessary
for the protection of the public welfare and shall be
narrowly construed and strictly applied in favor of
the public interest in maintaining a safe, healthy, and
attractive environment.
5-105.2 Schedule of Comprehensive Sign Regulations Adopt-
ed
No sign shall be maintained, erected, constructed or
altered except in conformance with the provisions and
regulations of Table 5-105.2, "Schedule of Comprehen-
sive Sign Regulations", hereby adopted by reference
and declared to be a part of this ordinance, and the
rules, definitions and further provisions of this Sec-
tion. (Ord. No. 47-80, § 4, 7-7-80; Ord. No. 54-80, § 5,
8-18-80)
5-105.3 Rules for Interpreting Table 5-105.2, "Schedule of
Comprehensive Sign Regulations"
The following rules shall govern the application and
interpretation of Table 5-105.2, "Schedule of Compre-
hensive Sign Regulations":
1) Maximum Area — the maximum area shall be the
maximum cumulative area allowed for all permit-
ted on -premises signs displayed on the premises.
Supp. No. 12 2602
§ 5-105
APPENDIX A—ZONING § 5-105
2) Maximum Number — the maximum number shall
be the maximum total number of permitted
on -premises signs displayed on the premises.
Each integral structural unit displaying a unified
informational content shall be counted as one
sign, except that a double-faced sign supported on
a single structure shall count as one sign.
3) Maximum Projection — maximum projection shall
refer to the maximum allowable projection of a
sign or sign structure into or over a public right-
of-way, but shall not limit projection from a build-
ing wall or structural support where such projec-
tion is contained entirely within private property.
4) Height — Height shall refer to the maximum allow-
able height for a permitted sign, as measured from
the median ground surface immediately below such
sign to the highest portion of the sign structure
or display panel.
5) All signs appearing as conditional uses may be
allowed by the Board of Adjustment subject to the
applicable provisions of Article VI of this ordi-
nance.
6) Where permitted, motion shall be limited to motion
of signs or display panels by mechanical or elec-
trical means.
7) The regulations of Table 5-105.2 are intended to
apply to each separate lot. Where more than one
use is contained within a building, or where more
then one building is located on a lot, the total area
of on -premises signs permitted for the entire lot
may be allocated in any proportion to the various
uses or buildings contained on the lot, subject to
all other provisions of this section. However, for
such multiple occupancy premises, the maximum
number of on -premises signs allowed by Table
5-105.2 shall apply to each separate use occupant
contained therein. (Ord. No. 47-80, §§ 1, 2, 7-7-80)
Supp. No. 8
2603
§ 5-105 DUBUQUE CODE § 5-105
5-105.4 Definitions
The following definitions shall govern the interpreta-
tion and application of words used in Table 5-105.2 and
this Section :
a) Building sign — a sign affixed to and wholly sup-
ported by an exterior wall of a building or struc-
ture.
b) Canopy or arcade signs — a sign attached to or
constructed in a permanent roofed structure cov-
ering an area customarily used for pedestrian
circulation.
c) Commemorative sign — a permanent sign or archi-
tectural feature, cast or engraved in stone or metal,
and affixed to or made an integral part of the
structure, indicating the name of the structure, its
address, date of construction, or other information
of commemorative or historical significance.
d) Direct lighting — illumination by means of a visi-
ble light source, including any incandescent or
fluorescent device exposed to view or otherwise
discernible through transparent materials.
e) Directional sign — a sign identifying a premises,
or an activity conducted upon such premises, and
providing direction for the safe and efficient
flow of vehicular or pedestrian traffic to such
activity or premises. Directional signs shall in-
clude signs marking entrances, exits, parking
areas, loading areas or other operational features
of a premises.
f) Free-standing sign — a sign which is supported by
one or more columns, uprights, or braces attached
in the ground in a permanent manner.
Indirect lighting — illumination by means of a
concealed light source, whereby all incandescent or
fluorescent devices are shielded from view by
g)
Supp. No. 8
2604
§ 5-105 APPENDIX A—ZONING § 5-105
opaque or translucent materials, and including re-
flected lighting.
h) Nameplate — a sign not exceeding one square foot
in area and bearing only the name of an occupant
of a premises, an address or post box number or
other identification not having commercial con-
notations.
i) Off -premise sign — a sign or structure directing
attention to a business, commodity, service, or en-
tertainment conducted, sold or offered elsewhere
than upon the premises where the sign is main-
tained, including a billboard sign.
j) On -premises sign — a sign placed on a structure
or premises for purposes of identifying such struc-
ture or premises, or for directing attention to a
business, commodity, service or entertainment sold
or offered upon the same premises as those on
which the sign is maintained.
k) Roof sign — a sign erected upon or above a roof
or parapet wall of a building and which is wholly
or partially supported by such building.
1) Sign — any writing, pictorial representation, em-
blem, symbol or other figure or similar character
which is affixed to or appears upon a building,
structure, or premises and which directs attention
to any business, commodity, service, entertain-
ment, activity, person, organization or institution.
m) Temporary sign—sign, banner, pennant, or other ad-
vertising display constructed of cloth, canvas, fabric
or other light material, with or without frames, in-
tended for a limited period of display only. (Ord. No.
43-82, § 1, 8-9-82)
5-105.5 Prohibited Signs
The following signs shall be expressly prohibited in
all zoning districts, any contrary provisions or im-
plication of this ordinance notwithstanding :
Supp. No. 15
2605
§ 5-105 DUBUQUE CODE § 5-105
a) Any sign, all or any portion of which is set in motion
by air movement, including pennants, banners, or
flags, except official flags of nations or administrative
or political subdivisions thereof, and except for tem-
porary signs and for flags for historically or architec-
turally designated properties in the OR -1 District as
provided in Table 5-105.2.
b) Any display lighting by strings of lights, including
lights which outline any part of a building or
which are affixed to any ornamental portion there-
of, except temporary traditional decorations for
Christmas or other recognized holidays.
c) Any sign which contains the words "danger" or
"stop", or otherwise presents or implies the need
or requirement of stopping or caution, or which
is an imitation of, or is likely to be confused with,
any sign customarily displayed by a public au-
thority.
d) Any sign which infringes upon the area of visi-
bility required on a corner lot pursuant to Section
5-102.2 of this ordinance.
e) Any sign which obstructs any window, door, fire
escape, stairway, ladder, or other opening in-
tended to provide light, air, or egress from any
building.
f) Any sign or lighting which casts direct light or
glare upon any property in a residential or office -
residential district.
g) Any portable sign, including any sign displayed
on a stored vehicle, except for display of tempo-
rary political signs.
h) Any sign which obstructs the reasonable visibility
of a sign maintained by a public authority, or
which otherwise distracts attention from such a
sign.
Supp. No. 15
2606'
§ 5-105 APPENDIX A—ZONING § 5-105
i) Any sign or sign structure involving the use
of motion pictures or projected photographic
scenes or images. (Ord. No. 43-82, § 1, 8-9-82)
5-105.6 Measurement of Signs
For purposes of this ordinance, the area of a sign
shall be measured within a single continuous perimeter
enclosing the extreme limits of a sign panel, and in no
case passing through or between any adjacent elements
of the same; however, such perimeter shall not include
structural elements or supports outside the limits of
such sign and not forming an integral part of the
display. The gross area of a sign composed of separate
letters, symbols or words attached directly to an archi-
tectural facade shall be measured as the area enclosed
by straight lines drawn closest to copy extremities en-
compassing individual symbols or words.
5-105.7 Maintenance of Signs and Structures
All signs and sign structures shall be maintained in a
neat and proper state of appearance and repair. Signs
which are not properly maintained, or which advertise
a use which has been abandoned shall be removed by
the permanent holder within thirty days after aban-
donment of the principal use or may thereafter be re-
moved by the authorized official of the City with such
removal expense charged to the permanent holder.
5-105.8 Interior Advertising Displays Exempted
The use of interior window areas of buildings in any
"C" or "I" zoning district for the commercial display
of merchandise or products, including the use of in-
terior window services for display of temporary signs,
as defined herein, shall not be subject to regulation by
the terms of this ordinance.
5-105.9 Non -Conforming Signs
Any sign which becomes a non -conforming sign at the
effective date of this ordinance or which becomes a
Supp. No. 15
2607
§ 5-105 DUBUQUE CODE § 5-105
non -conforming sign at any future date shall be regu-
lated according to the rules set forth in Article II of
this ordinance; provided further that no alteration, im-
provement or other change may be made to such non-
conforming sign. In the event that such non -conform-
ing sign shall be removed, or if the use to which the
non -conforming sign pertains is changed, any replace-
ment sign shall be made to conform to the maximum
area, maximum number, allowable structural type,
maximum projection, height, lighting, and motion re-
quirements for signs otherwise permitted in the zoning
district.
5-105.10 Signs on Multiple Frontage Lots
Zoning lots which have separate frontages on more
than one street, including through lots and corner lots,
shall not display signs along any one street frontage in
excess of the maximum area and maximum number
permitted for that frontage alone. Each frontage is to
be considered separately. (Ord. No. 47-80, § 3, 7-7-80)
5-105.11 Temporary Signs
Temporary signs may be erected and maintained in accor-
dance with the following provisions:
1. General Conditions
a. Certificate and Fee Required No person shall erect,
alter or relocate any temporary sign except for
real estate and political signs without first mak-
ing application, submitting a fee as specified in
Article X of this ordinance, and obtaining a tem-
porary sign certificate from the Building Commis-
sioner.
b. Limit on Number of Certificates. No more than
four (4) certificates for temporary signs shall be
issued for the same zoning lot in one calendar
year.
c. Materials and Methods. The Building commissioner
shall impose as a condition of the issuance of a
Supp. No. 15
2608
§ 5-105
APPENDIX A—ZONING § 5-105
certificate, such requirements as to material and
manner of construction as are necessary to assure
the safety and convenience of the public.
d. Sign Types. Temporary signs shall be non -projecting
building signs or freestanding signs as defined
herein, except that in the case of temporary busi-
ness signs and quasi -public signs, pennants, ban-
ners, and flags may be utilized.
e. Number, Area, Height, and Location. The permit-
ted number, area, height, and location of tempo-
rary signs shall be determined by the Building
Commissioner with consideration given to public
safety and the signage reasonably necessary and
appropriate for the intended purpose.
2. Quasi -public signs, giving notice of events and activi-
ties sponsored by recognized civic, patriotic, religious
or charitable organizations for noncommercial purposes,
subject to the following:
a. Location. Quasi -public signs may be located on or
off of the premises where the event is taking place
provided permission is given by the owner of the
property. Such signs shall not project beyond any
lot line.
b. Timing. Quasi -public signs shall not be erected or
maintained more than thirty (30) days prior to the
date on which the event advertised is to occur and
shall be removed immediately after the termina-
tion of the event.
3. Temporary business signs, calling attention to a spe-
cial, unique or limited activity, service or product or
sale of limited duration, as follows:
a. Location. Temporary business signs shall be lo-
cated only on the lot upon which the special activ-
ity is to occur. Such signs shall not project over
any lot line.
b. Timing. Temporary business signs shall be erected
and maintained for a period not to exceed thirty
(30) days, at the expiration of which period the
certificate holder shall immediately remove such
temporary sign. (Ord. No. 43-82, § 3, 8-9-82)
Supp. No. 15
2609
TABLE 5-105.2 Schedule of Comprehensive Siy
ZONING
DISTRICT
EXEMPT
SIGNS
CONTE?
AND TY
REGULATED SIGNS
MAXIMUM
AREA
ALLOWABLE 1
MAXIMUM STRUCTURAL P1
NUMBER TYPE 11
R-1
R-2
R-3
R-4
R-5
Commemoren-
signs ;
nameplates
political sig]
played not
than 4 week,
or to the Dry -
mental elect on
which the:
ply, and ret
3 times lin-
eal feet of
frontage of
the lot or
10% of the
area of the
building fa-
cade, which-
ever is
greater
1 sign per
each 100 feet
of frontage,
or fraction
thereof, not
to exceed 3
signs per
premises
mounted on
building
within ten
of such elec
OR -1
Same as R-
R -5;
-R-5; dire(
signs not e:
ing 6 sq. ft.
necessary f
safe an eft
flow of veh
and pede
traffic on
premises
3 times the
lineal feet of
frontage of
the lot
1 sign per
each 100 feet
of frontage,
or fraction
thereof, not
to exceed 3
signs per
premises
mounted on
building
or
free-standing
no roof signs
1 sign per
each 100 feet
of frontage,
or fraction
thereof, not
to exceed 5
signs per
premises
any
2612
Supp. No. 15
Regulations—Cont'd.
MAXIMUM
?OJECTION CONDITIONAL USE
VTO R.O.W. HEIGHT LIGHTING MOTION PROVISIONS
48" below indirect only, no none
eave or intermittent
parapet
48"
25'
above
curb
direct or indi-
rect, no inter-
mittent lighting
within 10' of
public right-of-
way, no exposed
bulb rated above
580 lumens
none
within
10' of
public
right-
of-way
Off -premise signs lim-
ited to single panel
displays not exceed-
ing 300 sq. ft. area,
may be permitted as
a Conditional Use and
providing further that
a free-standing, off -
premise sign shall be
set back from the pub-
lic right-of-way not
less than 20' and shall
not be over 25' in
height
0
35' Same as C-2 Same as
C-2
TABLE 5-105.2 Schedule of Comprehensive Sis
EXEMPT.
SIGNS -
ZONING CONTE
DISTRICT AND TY1
REGULATED SIGNS
C-3
ALLOWABLE A
E MAXIMUM MAXIMUM STRUCTURAL PI:
NUMBER TYPE ID
AREA
e See Cond.
Use
C-4 Same as C-]
3 times 1 sign per Mounted
as lineal each 100' of on build -
feet of frontage or ing
frontage fraction
of the thereof, not
lot to exceed 3
signs per
premises freestand-
ing
Same as Same as Same as
lo- C-3 C-3 C-3
per-
; a
feral
v
C-5 Same as C-7
Supp. No. 19
100 square 2 signs per Wall
feet per sign premises mounted
and not to provided
exceed 200 only 1 may
square feet be free -
per premises standing Freestand-
ing
2612.2
rn Regulations—Cont'd.
1AXIMUM
tOJECTION CONDITIONAL USE
ITO R.O.W. HEIGHT LIGHTING MOTION PROVISIONS
All signs in C-6 Dis-
trict mapped after ef-
fective date of Ordi-
nance shall be as noted
on approved Area De-
velopment Plan.
Signs in any C-6 Dis-
trict existing on effec-
tive date of Ordinance
shall be subject to reg-
ulations of C-3 Dis-
trict
0
below
eave or
parapet
0 30'
indirect none
only
no inter-
mittent
or flashing
Same as Same as Same as Same as
C-3 C-3 C-3 C-3
0 Below Direct or None Not applicable
eave or indirect, no
parapet intermittent
lighting
within 10' of
35' public ROW,
no exposed
bulb rated
above 580
lumens
EXEMPTI
SIGNS
ZONING CONTEN
DISTRICT AND TY1
H-1
ID All signs
as exempted
for the OR-
fice-Residen
District
(Ord. No. 43-82, §§ 4, 5
Supp. No. 19
§ 5-106 APPENDIX A—ZONING § 5-108
Section 5-1,06 Residential dwelling permitted in commercial
and light industrial districts
Within any C-1, C-2, C-3, C-4, C-5, or L -I district, resi-
dential dwellings shall be permitted in accordance with ap-
plicable standards of the OR -1 district, except that not less
than one off-street parking space must be provided for each
dwelling unit. Residential uses in the C-5 district shall be
exempted from off-street parking requirements. (Ord. No.
47-75, '§ 1, 12-22-75 ; Ord. No. 36-76, § 1, 8-16-76)
Section 5-107 Temporary uses permitted as conditional uses
in any district
Within any district established by this ordinance, any
temporary use may be permitted by the Board of Adjustment
as a Conditional Use, in accordance with the provisions of
Article VI of this ordinance governing the issuance of Con-
ditional Use Permits, but only provided that each of the fol-
lowing conditions are present :
1) The use is of a strictly limited and temporary duration,
which in no case may exceed six (6) months and which
shall be stated on the Conditional Use Permit; and
2) The use will serve a public need or will contribute to
the public convenience and welfare ; and
3) The use bears some functional or other beneficial re-
lationship to a permitted use within the district; and
4) The use is of a nature and scale such that it will not
be likely to interfere with the appropriate use and en-
joyment of nearby properties that may be affected by
its operation(s).
Section 5-108 Adult entertainment establishments; regula-
tions, requirements and definitions
5-108.1 General Statement of Intent
The special provisions of this section are intended to
regulate the location of adult entertainment establish -
Supp. No. 2
2613
§ 5-108 DUBUQUE CODE § 5-108
ments as herein defined by specifying districts in
which such uses may be permitted and requirements
for spatial separation of such uses.
Nothing in this ordinance shall be construed or inter-
preted to permit adult entertainment establishments
in areas other than those set forth herein. Adult en-
tertainment establishments are hereby acknowledged
to have special characteristics and impacts upon their
surroundings, and upon the use and enjoyment of ad-
jacent property. It is the intent of these regulations
to provide for the confinement of adult entertainment
establishments to those Commercial and Industrial
areas in which these special impacts are judged to be
least disruptive to the use and enjoyment of adjacent
properties. These regulations are further intended to
require that adult entertainment establishments shall
not be permitted to locate in such concentration that
their operational features may establish the dominant
character of any Commercial or Industrial area.
These regulations are further intended to protect and
balance lawful rights of expression with other lawful
rights to the enjoyment and use of property, and are
made with full consideration of the legal and consti-
tutional issues heretofore adjudicated. (Ord. No. 73-77,
§ 1,11-7-77 )
5-108.2 Application and Scope of Regulations
The provisions of this section shall govern the location
and spatial separation of adult entertainment estab-
lishments in Commercial Districts and Industrial Dis-
tricts, and no such regulated use, as defined, may be
permitted except in conformance with these provisions.
(Ord. No. 73-77, § 1, 11-7-77)
5-108.3 Definitions
The following definitions shall govern the interpreta-
tion of this section :
Supp. No. 2
2614
§ 5-108 APPENDIX A—ZONING § 5-108
1) Adult entertainment establishments
An establishment having as a substantial or por-
tion of its business the offering of entertainment,
stocks in trade of materials, scenes or presenta-
tions characterized by emphasis on depiction or
description of "Specified Sexual Activities" or
"Specified Anatomical Areas", as herein defined.
2) Adult bookstore
An establishment having as a substantial or sig-
nificant portion of its stock -in -trade, books, mag-
azines, and other periodicals which are distin-
guished or characterized by their emphasis on
matter depicting, describing or relating to "Speci-
fied Sexual Activities" or "Specified Anatomical
Areas", as defined below, or an establishment or
section devoted to the sale or display of such ma-
terial.
3) Adult motion picture theatre
An enclosed building with a capacity of 50 or more
persons used for presenting material distinguished
or characterized by an emphasis on matter de-
picting, describing or relating to "Specified Sex-
ual Activities" or "Specified Anatomical Areas",
as defined below, for observation by patrons there-
in.
4) Adult mini motion picture theatre
An enclosed building with a capacity for less than
50 persons used for presenting material distin-
guished or characterized by an emphasis on mat-
ter depicting, describing or relating to "Specified
Sexual Activities" or "Specified Anatomical
Areas", as defined below, for observation by
patrons therein.
5) Specified sexual activities
1. Human genitals in a state of sexual stimula-
tion or arousal;
Supp. No. 2
2614.1
§ 5-108 DUBUQUE CODE § 6-101
2. Acts of human masturbation, sexual inter-
course or sodomy;
3. Fondling or other erotic touching of human
genitals, pubic region, buttock or female
breast.
6) Specified anatomical areas
1. Less than completely and opaquely covered
(a) human genitals, pubic region, (b) buttock,
and (c) female breast below a point immedi-
ately above the top of the areola; and
2. Human male genitals in a discernibly turgid
state, even if completely and opaquely cov-
ered. (Ord. No. 73-77, § 1, 11-7-77)
5-108.4 Regulations Governing the Location and Spatial
Separation of Adult Entertainment Establishments
Adult entertainment establishments, and including
adult bookstores, adult motion picture theaters, and
adult mini motion picture theaters, as herein defined,
are hereby declared to be regulated uses according to
this ordinance and their location and spatial separation
shall be governed by rules as follows :
a) Uses regulated by this ordinance may be estab-
lished within a Commercial Zoning District or
Industrial Zoning District but not within one
thousand two hundred (1,200) feet of any Resi-
dential, Office -Residential or Institutional Zoning
District.
b) No use regulated by this ordinance shall be allowed
within five hundred (500) feet of any other reg-
ulated use. (Ord. No. 73-77, § 1, 11-7-77)
ARTICLE VI. BOARD OF ADJUSTMENT: POWERS AND
DUTIES: VARIANCES: CONDITIONAL USES
Section 6-101 Establishment of board of adjustment
A Board of Adjustment is hereby established pursuant to
Chapter 414 of the Code of Iowa 1975. The word "Board" as
used in this ordinance shall mean the Board of Adjustment.
Supp. No. 2
2614.2
§ 6-102 APPENDIX A—ZONING § 6-103
Section 6-102 Membership of the board
The Board shall consist of five (5) members appointed by
the City Council.
6-102.1 Term of Of fice
Members of the Board shall be appointed for a term of
five years, excepting that when the Board shall first be
created, one member shall be appointed for a term of
five years, one for a term of four years, one for a term
of three years, one for a term of two years, and one
for a term of one year.
6-102.2 Removal
Board members may be removed for cause by the City
Council upon written charges and after a public hear-
ing.
6-102.3 Vacancies
Vacancies on the Board shall be filled for the unex-
pired term of any member whose term becomes vacant.
Section 6-103 Rules, meetings, general procedure
Meetings of the Board shall be held at the call of the chair-
man and at such other times as the Board may determine.
Such chairman, or in his absence, the acting chairman, may
administer oaths and compel the attendance of witnesses. All
meetings of the Board shall be open to the public. The Board
shall keep minutes of its proceedings, showing the vote of
each member upon each question, or if absent or failing to
vote, indicating such fact, and shall keep records of its ex-
aminations and other official actions, all of which shall be
immediately filed in the office of the Board and shall be a
public record. The Board may in addition adopt general rules
of procedure not inconsistent with the provisions of this
Article.
6-103.1 Vote Required
The concurring vote of three members of the Board
shall be necessary to reverse any order, requirement,
Supp. No. 2
2614.3
§ 6-103 APPENDIX A -ZONING § 6-105
decision or determination of any administrative offi-
cial, or to decide in favor of the applicant on any mat-
ter upon which it is required to pass under this ordi-
nance, or to effect any variation in such ordinance, or
to adopt, repeal, or amend any rule of procedure
adopted pursuant to this Section.
Section 6-104 General powers
The Board shall have the following powers:
6-104.1 Appeals From the Administrative Official
To hear and decide appeals where it is alleged there is
error in any order, requirement, decision, or determina-
tion made by an administrative official in the enforce-
ment of this ordinance.
6-104.2 Conditional Uses
To hear and decide applications for Conditional Use
Permits upon which such Board is required to pass
under this ordinance.
6-104.3 Variances
To authorize upon appeal in specific cases such var-
iance from the terms of the ordinance as will not be
contrary to the public interest, where owing to special
conditions a literal enforcement of the provisions of the
ordinance will result in unnecessary hardship, and so
that the spirit of the ordinance shall be observed and
substantial justice done.
Section 6-105 Appeal to the board—Standards and procedure
6-105.1 Authorization
Appeals may be made by any person aggrieved or any
municipal officer, department, board or bureau af-
fected by any order, requirement, decision, or determin-
ation made by an administrative official in the enforce-
ment of this ordinance.
2615
§ 6-105 DUBUQUE CODE § 6-105
6-105.2 Procedure for Appeal
Appeals may only be filed within 30 days immediately
following the date of the administrative action which
is the subject of the appeal. An appeal is filed by de-
livering to the administrative office involved and to
the Board a completed Notice of Appeal, a sample copy
of which appears in the Appendix to this ordinance, to-
gether with the fee payment specified under Article X
of this ordinance. Official Notices of Appeal forms
shall be available without cost from the Zoning Ad-
ministrator. The Notice of Appeal must, in addition to
all other information required by the form, specify the
particular grounds for the appeal. The officer from
whom the appeal is taken shall forthwith transmit to
the Board all documents constituting the record upon
which the action appealed from was taken.
6-105.3 Effects of Appeal
An appeal stays all proceedings in furtherance of the
action appealed from, unless the officer from whom the
appeal is taken certifies to the Board of Adjustment
after the Notice of Appeal shall have been filed with
him that by reason of facts stated in the certificate a
stay would in his opinion cause imminent peril to life
or property. In such case proceedings shall not be
stayed otherwise than by a restraining order which
may be granted by the Board of Adjustment or by a
court of record on application on notice to the officer
from whom the appeal is taken and on due cause
shown.
6-105.4 Board Decision on Appeal
In exercising its powers of appeal the Board may, in
conformity with the provisions of this ordinance, re-
verse or affirm, wholly or partly, or may modify the
order, requirement, decision, or determination appealed
from and may make such order, requirement, decision,
or determination as ought to be made, and to that end
shall have all the powers of the officer from whom the
appeal is taken.
2616
§ 6-106 APPENDIX A—ZONING § 6-106
Section 6-106 Conditional use permits: Requirements and
procedure
6-106.1 Authorization
The Board of Adjustment may allow as Conditional
Uses only those uses classified as Conditional Uses in
this ordinance. No Conditional Use shall be allowed in
a particular district unless such use is specifically per-
mitted as a Conditional Use in the regulations for that
district, except as provided in Section 2-106.3 of this
ordinance.
6406.2 Application for a Conditional Use Permit
Any person may file an application to use property
for one of the Conditional Uses permitted in the dis-
trict in which the property is located. All applications
for a Conditional Use Permit shall be made upon the
official form for such applications which shall be avail-
able without cost from the Zoning Administrator. A
sample copy of the application form is contained in the
Appendix to this ordinance. The applicant shall be re-
quired to supply all pertinent items of information con-
tained on the official application form, as a condition
to review of such application. Review of the application
for a Conditional Use Permit may be obtained by de-
livering two (2) copies of the completed application
form to the Zoning Administrator together with pay-
ment of the required fee as specified in Article X of
this ordinance. Upon receipt of the completed forms
and the required fee, the Zoning Administrator shall
forthwith transmit one (1) copy of the form to the
Board of Adjustment; retaining the other form as part
of his permanent records. Prior to its review, the
Board may require the applicant for a Conditional Use
Permit to supply any further information beyond that
contained in the application form where it reasonably
considers such information necessary to make the de-
terminations required by Section 6-106.4 of this Arti-
cle.
Supp. No. 1 2617
§ 6-106 DUBUQUE CODE § 6-106
6-106.3 Notice and Hearing on an Application for a Condi-
tional Use Permit
Following receipt of the completed application form and
all additional information required by the Board from
the applicant pursuant to Section 6-106.2 of this
Article, the Board shall with due diligence hold a
public hearing to consider the application for a Con-
ditional Use Permit. Notice of the time and place of the
public hearing shall be published in the newspaper of
general circulation at least fifteen (15) days prior to
such hearing. The Board shall send notice of the time
and place of the hearing by certified mail to all owners
of property abutting the property for which the Con-
ditional Use is sought, and further, shall post the
property, no less than fifteen (15) days prior to the
hearing, with the prominent placement of a sign noting
Conditional Use Permit pending and the time and place
of the hearing. However, where the notice and hearing
requirements of this Article are in excess of that re-
quired by State law, such requirements are intended to
be directory only and not mandatory or jurisdictional,
and a failure to meet such extra procedural require-
ments shall not invalidate any action subsequently
taken by the Board. At the public hearing all interested
parties shall be afforded a reasonable opportunity to
appear and express their views on the application,
either in person or by agent. (Ord. No. 52-76, § 1,
10-4-76)
6-106.4 Standards for Granting a Conditional Use Permit
No Conditional Use Permit shall be granted unless and
until the Board determines on the basis of specific in-
formation presented at the public hearing or contained
in the application for such use that each of the follow-
ing conditions is present:
6-106.4.1 The proposed Conditional Use will comply
with all applicable regulations of this ordinance,
including lot requirements, bulk regulations, use
Supp. No. 1
2618
§ 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
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.
Supp. No. 18
2619
§ 6-106 DUBUQUE CODE § 6-106
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
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
Supp. No. 18
2620
§ 6-106 APPENDIX A—ZONING § 6-106
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
6-106.5.1 Imposition of Conditions and Restrictions
In granting a Conditional Use Permit, the Board may
impose any conditions or restrictions it reasonably
considers 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 Permit upon the neighbor-
hood or the district, or to carry out the general pur-
poses and intent of this ordinance.
6-106.5.2 Modification of Conditions and Restrictions
Any subsequent change or modification of a condition
or restriction imposed by the Board of Adjustment in
granting a Conditional Use Permit must be approved
in the same manner and with the same requirements
as the original application for Conditional Use Permit.
6-106.5.3 Violation of Conditions and Restrictions
Supp. No. 18
A violation of such conditions and restrictions, when
made a part of the terms under which the Condi-
tional Use Permit is granted, shall be deemed a vio-
lation of this ordinance. (Ord. No. 29-83, § 1, 6-6-83)
2620.1
§ 6-106 APPENDIX A—ZONING § 6-107
6-106.6 Decision and Records
The Board shall render a written decision on an appli-
cation for a Conditional Use Permit within sixty (60)
days after the close of the public hearing. The decision
of the Board shall contain specific findings of fact
supporting the granting or denial of the Conditional
Use Permit and shall clearly set forth any conditions
or restrictions imposed pursuant to Section 6-106.5.
The Board shall maintain complete records of all ac-
tions with respect to applications for Conditional Use
Permits and shall notify the City Council of the Board's
decision on each application.
6-106.7 Period of Validity
No Conditional Use Permit granted by the Board shall
be valid for a period longer than six (6) months from
the date on which the Board grants the Permit, unless
within such six (6) month period.
6-106.7.1 A building permit is obtained and the erec-
tion or alteration of a structure is started, or
6-106.7.2 An occupancy permit is obtained, if required,
and the use is commenced.
The Board may grant a maximum of two (2) extensions
not exceeding six (6) months each, upon written appli-
cation, without notice of hearing.
Section 6-107 Variances: procedure and standards governing
the grant of a variance
6-107.1 Authorization—Use Varimce Prohibited
The Board of Adjustment may grant a variance from
the literal enforcement of the provisions of this ordi-
nance, but only upon the terms and conditions con-
tained in this Section. However, under no circum-
stances shall the Board grant a variance which allows
a use which, under the terms of this ordinance, is ex-
pressly or implicitly prohibited in the district in-
volved.
Supp. No. 1 2621
§ 6-107 DUBUQUE CODE § 6-107
6-107.2 Application for a Variance
Any person owning property may apply for a variance
from the literal enforcement of the provisions of this
ordinance for the property or structure involved. All
applications for a variance shall be made on the official
form for such applications which shall be available
without cost from the Zoning Administrator. A sample
copy of the application form is contained in the Ap-
pendix to this ordinance. The applicant shall be re-
quired to supply all pertinent items of information
contained on the official application form, as a condi-
tion to review of such application. Review of the appli-
cation for a variance may be obtained by delivering
two (2) copies of the completed application form to the
Zoning Administrator, together with payment of the
required fee as specified in Article X of this ordinance.
Upon receipt of the completed forms and the required
fee, the Zoning Administrator shall forthwith transmit
one (1) completed form to the Board of Adjustment,
retaining the other form as part of his permanent
records. Prior to its review, the Board may require
the applicant for a variance to supply any further in-
formation beyond that contained in the application
form where it reasonably considers such information
necessary to make the determinations required by
Section 6-107.4 of this Article.
6-107.3 Procedure for Consideration of Application for
Variance
Following receipt of a completed application for a va-
riance, and any additional information required by
the Board pursuant to Section 6-107.2, the Board shall,
with due diligence, consider such application at a public
meeting. Notice of the time and place of the meeting
shall be made by the Board by certified mail notification
to all owners of property abutting the property for
which variance is sought, and no less than seven (7)
days prior to the public meeting the subject property
shall be posted with the prominent placement of a sign
Supp. No. 1 2622
§ 6-107 APPENDIX A—ZONING § 6-107
noting variance pending and the time and place of the
public meeting. However, where the notice and hearing
requirements of this Article are in excess of that re-
quired by State law, such requirements are intended to
be directory only and not mandatory or jurisdictional
and failure to meet such extra procedural requirements
shall not invalidate any action subsequently taken by
the Board. At the public meeting, all interested parties
shall be afforded a reasonable opportunity to appear and
express their views on the application, either in person
or by agent. A record of such meeting shall be entered
into the minutes of the Board. (Ord. No. 47-75, § 1,
12-22-75; Ord. No. 39-76, § 1, 8-16-76)
6-107.4 Standards for Granting a Variance
No variance from the provisions of this ordinance
shall be granted unless or until the Board determines
on the basis of specific information presented at a
public meeting or contained in the application for such
variance that each of the following conditions is pres-
ent:
6-107.4.1 Literal enforcement of the provisions of this
ordinance would inflict substantial and unneces-
sary hardship upon the applicant.
6-107.4.2 Such condition of hardship arises from
unique or special characteristics of the property in-
volved, and was not brought about by the appli-
cant himself.
6-107.4.3 Literal enforcement of the provisions of this
ordinance would deprive the applicant of rights
commonly enjoyed by other properties in the same
district.
6-107.4.4 The variance requested is the minimum var-
iance that would allow a reasonable use of the
land or structure involved.
6-107.4.5 Granting the requested variance will not con-
fer upon the applicant a special privilege or right
Supp. No. 1
2623
§ 6-107 DUBUQUE CODE § 6-108
that is denied by this ordinance to other land or
structures in the same district.
6-107.4.6 Granting the variance will be in harmony
with the general purpose and intent of this ordi-
nance and will not be injurious to the surrounding
area or detrimental to the public welfare. (Ord.
No. 38-76, § 1, 8-16-76)
6-107.5 Conditions and Restrictions Attached to the Grant-
ing of a Variance
In granting a variance, the Board may impose any
conditions or restrictions it reasonably considers neces-
sary to insure full compliance with the standards of
6-107.4 of this Section, to reduce or eliminate any detri-
mental effect of the proposed variance upon the neigh-
borhood or the public welfare, 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 variance is granted, shall
be deemed a violation of this ordinance.
6-107.6 Decision and Records
The Board shall render a written decision on an appli-
cation for a variance within sixty (60) days after the
close of the public meeting. The decision of the Board
shall contain specific findings of fact supporting the
granting or denial of the variance and shall clearly
set forth any conditions or restrictions imposed pur-
suant to 6-107.5 of this Section. The Board shall main-
tain complete records of all action with respect to ap-
plications for a variance. (Ord. No. 39-76, § 1, 8-16-76)
Section 6-108 Appeals from board of adjustment decisions
Appeals from any action or decision of the Board of Ad-
justment shall be made in the manner provided by Chapter
414 of the Code of Iowa, 1975, or any other applicable pro-
visions of Iowa law.
Supp. No. 1
2624
§ 7-101 APPENDIX A—ZONING § 7-101
ARTICLE VII. ADMINISTRATION AND ENFORCEMENT;
REQUIRED PERMITS AND CERTIFICATES
Section 7-101 General statement of intent
The Council finds that fair and efficient administration
and enforcement of this ordinance is necessary to effectuate
the comprehensive plan for the City and to preserve public
confidence therein. The Council therefore intends that the
powers of enforcement granted under this Article should be
liberally interpreted so as to protect both the letter and spirit
of this ordinance.
It is further the intent of Council to promote uniform and
impartial application of zoning provisions and a proper bal-
ance of legislative, judicial, and administrative functions by
Supp. No. 1
2624.1
§ 7-101 APPENDIX A -ZONING § 7-102
requiring that: 1) all questions of interpretation and en-
forcement shall be first presented to the Zoning Administra-
tor; and 2) such questions shall be presented to the Board
of Adjustment only on appeal from the decision of the Zoning
Administrator; and 3) recourse from the decisions of the
Board of Adjustment shall be to the courts as provided by
law.
In addition, it is intended that the duties of the City Council
in connection with this ordinance shall not include hearing or
deciding particular questions of interpretation or enforcement
that may arise, but shall be limited to 1) considering and
acting upon proposed amendments to this ordinance or pro-
posed reclassifications of property, and 2) establishing a
schedule of fees and charges as provided in Article X.
Section 7-102 Zoning administrator
7-102.1 Zoning Administrator To Enforce and Administer
Ordinance
The City Manager shall designate a Zoning Administra-
tor who shall be responsible for the enforcement and
administration of this ordinance. The Zoning Adminis-
trator may be provided with the assistance of such
other persons as the City Manager may direct.
7-102.2 Duties of Zoning Administrator
The Zoning Administrator shall have the following
duties and responsibilities :
1. To enforce the provisions of this ordinance by
investigating information concerning violations
thereof, and taking such actions or issuing such
orders or directives as are deemed appropriate to
insure compliance with the ordinance.
2. To keep accurate and complete records of all in-
vestigations, enforcement proceedings, Site Plans,
PUD Preliminary or Final Development Plans,
Zoning Certificates and such other records as he
2625
§ 7-102 DUBUQUE CODE § 7-102
may be required to keep under the provisions of
this ordinance.
3. To faithfully and promptly execute all other duties
or responsibilities delegated to him under this
ordinance.
7-102.3 Complaints Regarding Violations
Whenever a violation of this ordinance occurs or is
alleged to have occurred, any person may file a written
complaint of such alleged violation with the Zoning
Administrator, stating fully the facts or grounds upon
which the complaint is based. The Zoning Administra-
tor shall promptly record and investigate such com-
plaint and take appropriate action as provided by this
ordinance.
7-102.4 Enforcement Procedure; Orders or Directives
Whenever the Zoning Administrator finds that any of
the provisions of this ordinance are being violated,
he shall promptly notify in writing both the person(s)
responsible for such violations and the City Manager,
indicating in such notice the nature of the violation
and the actions ordered tocorrect it. The Zoning Ad-
ministrator shall in all cases take such actions or issue
such orders or directives as are authorized by this ordi-
nance to insure compliance with or to prevent violations
of its provisions.
7-102.5 Orders and Directives
In addition to all other powers conferred upon him
by this ordinance, the Zoning Administrator shall have
the power to issue appropriate written orders or direc-
tives to any person deemed to be responsible for a
violation of this ordinance, as provided under Section
7-102.4. A failure to promptly comply with such law-
ful orders or directives shall be deemed a violation
of this ordinance, punishable as provided in Article
IX. Such orders or directives shall include, but shall
not be limited to : orders to discontinue illegal use of
2626
§ 7-102
APPENDIX A -ZONING § 7-103'.
land, buildings, or structures; orders to remove illegal
buildings or structures, or illegal additions, alterations
or structural changes to buildings or structures; orders
to discontinue illegal work or construction or any other
appropriate orders to prevent or correct violations of
this ordinance.
7-102.6 Zoning Administrator To Follow Ordinance Pro-
visions and Intent in Administration and Enforce-
ment
In making any judgement, interpretation, or decision
authorized by this ordinance, the Zoning Administrator
shall consider and be guided by the particular provi-
sions of this ordinance and relevant statements of in-
tent contained herein, provided, however, that nothing
herein shall be deemed to authorize the Zoning Ad-
ministrator in the performance of his duties, to permit
any exception to, or variance from the provisions or
requirements of this ordinance, or to otherwise im-
pinge upon the powers vested in the Board of Adjust-
ment.
Section 7-103 Certificates of zoning compliance; building per-
mits; occupancy permits
7-103.1 Building Permits Required
No building or other structure shall be erected, moved,
added to, or structurally altered without a building
permit therefor, issued by the Building Commissioner,
as provided by Ordinance 3-75 of the City of Dubuque.
However, no such building permit shall be issued by the
Building Commissioner except in conformity with the
provisions of this ordinance, unless he receives a writ-
ten order from the Board of Adjustment in the form
of an administrative review, conditional use permit, or
variances as provided by this ordinance. In addition, no
building permit shall be issued by the Building Com-
missioner for erection, alteration, moving, or repair of
any building unless and until an application has been
2627
§ 7-103
DUBUQUE CODE § 7-103
made for a certificate of zoning compliance as pro-
vided in this Section.
7-103.2 Certificates of Zoning Compliance Required for
New, Altered, or Non -Conforming Uses
Application and Scope: It shall be a violation of this
ordinance for any person to use or occupy or permit the
use or occupancy of any building or premises, or both,
or part thereof hereafter created, erected, changed,
converted, or wholly or partly altered in its use or
structure unless such person has obtained a Certifi-
cate of Zoning Compliance issued by the Zoning Ad-
ministrator stating that the proposed use of the build-
ing or land is in conformance with all applicable pro-
visions and requirements of this ordinance.
Owners of Existing Non -Conforming Uses or Certain
Non -Conforming Structures to Obtain Certificates
No non -conforming use or non -conforming structure
containing four (4) or more dwelling units shall be
maintained, renewed, altered, or expanded unless and
until a Certificate of Zoning Compliance shall have
been issued by the Zoning Administrator stating the
extent and nature of the non -conformity and attesting
that such non -conformity was in lawful existence at
the effective date of this ordinance. To avoid hardship
or surprise, the owners or occupants of such non -con-
forming use or structure shall be permitted to apply
for such Certificate of Zoning Compliance not later
than six (6) months after the effective date of this
ordinance. In addition, the Zoning Administrator shall
take reasonable steps to notify any such owner or
occupant of a non -conforming use or structure which
he knows, or has reason to know is subject to the re-
quirements of this subsection. In all cases, however,
the burden shall be on the owner or occupant of the
non -conforming use or structure to apply for the Cer-
tificate of Zoning Compliance, and a failure to make
such application within the six (6) month period shall
be presumptive evidence that the property was in full
2628
§ 7-103 APPENDIX A—ZONING § 8-101
conformity with this ordinance at the effective date of
its passage.
Records of Certificates To Be Kept: The Zoning Ad-
ministrator shall maintain complete and accurate rec-
ords of all Certificates of Zoning Compliance issued,
and a copy shall be furnished upon request to any per-
son.
Temporary Certificates: A temporary Certificate of
Zoning Compliance may be issued by the Zoning Ad-
ministrator for a period not exceeding six (6) months
to permit alterations or partial occupancy of a build-
ing, provided that such temporary Certificate shall in-
clude such conditions, limitations or safeguards as
will protect the safety of occupants and the public.
ARTICLE VIII. AMENDMENTS AND ZONING
RECLASSIFICATION; PROCEDURES AND POLICIES
Section 8-101 General statement of intent
The Council recognizes that the public welfare may from
time to time require changes to be made in the text of this
ordinance or in district boundaries. The Council finds, how-
ever, that the maintenance of the comprehensive plan for the
City depends in large measure upon the uniform and con-
tinuing application of the provisions of this ordinance, and
particularly the general zoning policies set forth in the various
statements of intent contained herein. For these reasons the
Council declares it to be the express policy of this ordinance
that textual amendments or reclassifications of property
should only be undertaken after a careful consideration of the
public necessity therefor and the relationship of such pro-
posed change to the comprehensive plan. The Council intends
in its own deliberations to give most serious attention to the
recommendations and advice of the Planning Commission in
these matters.
This Article sets forth the procedures and policies to be
followed where changes to the ordinance or districts are pro -
Supp. No. 3 2629
§ 8-101 DUBUQUE CODE § 8-102
posed. The public hearing and notice requirements contained
herein are intended to promote the involvement of all in-
terested persons in the amendment process. However, where
the notice and hearing requirements of this Article are in
excess of that required by State law, such requirements are
intended to be directory only and not mandatory or jurisdic-
tional, and a failure to meet such extra procedural require-
ments shall not invalidate any action subsequently taken by
the Council or Commission.
Section 8-102 Ordinance amendment procedure
8-102.1 Commission Action
Any person may propose amendments to the provi-
sions of this ordinance by delivery of two (2) copies
of the proposed amendment to the Planning Depart-
ment. Such proposals shall be considered in regular
session by the Planning Commission, which shall dili-
gently act to set the proposal for public hearing as pro-
vided in Section 8-104. Following the public hearing,
the Commission shall act to approve or disapprove the
proposed amendment. The affirmative vote of at least
four (4) Commission members shall be required to con-
stitute approval of the proposal, and any lesser number
of affirmative votes shall be considered disapproval
of the amendment. The Commission's recommendation
shall be forthwith transmitted to Council for its action.
A failure by the Commission to act within sixty (60)
days following receipt of the proposed amendment
shall constitute Commission approval thereof. (Ord.
No. 4-78, § 1, 1-16-78)
8-102.2 Council Action:
Following receipt of the Commission's recommenda-
tion or expiration of the sixty (60) day limit for Com-
mission action, the Council shall act to hold its own
public hearing on the proposed amendment, at which
all interested parties shall have an opportunity to be
heard. At least fifteen (15) days notice of the time and
place of such hearing shall be published in a newspaper
of general circulation in the City.
Supp. No. 3
2630
§ 8-102 APPENDIX A—ZONING § 8-103
Following the public hearing, the Council shall adopt or
reject the proposed amendment. In those cases where
the Commission has recommended disapproval of the
amendment, the affirmative vote of at least three-
fourths (34) of the City Council shall be required to
enact the amendment.
Section 8-103 Reclassification procedure
8-103.1 General Statement of Intent
The Council finds that the reclassification of property
is a sensitive and important legislative function which,
in the interests of maintaining uniform zoning policies
and the integrity of the comprehensive plan, should
only be exercised sparingly and under proper condi-
tions. For this reason, and because the original zoning
district boundaries under this ordinance are presumed
to be correct and appropriate, it shall hereafter be the
policy of the City Council to reclassify property only
where a clear showing has been made that the original
classification was a mistake or that circumstances and
conditions affecting the property in question have so
materially changed so as to demand reclassification in
the public interest.
The reclassification procedures outlined herein should
not be confused with, or used in place of, the ordinance
amendment process or the variance process. Thus, the
Council intends that reclassification of property should
not be entertained where 1) an alleged hardship pe-
culiar to the property is claimed, which is more proper-
ly the subject of a variance request, or 2) it is al-
leged that the ordinance provisions themselves as ap-
plied to similar properties are unreasonable, which is
more properly the subject of an amendment proposal.
In all cases, the burden shall be upon the person(s)
seeking reclassification to demonstrate that the re-
quested classification is more appropriate than the
present classification, in light of the characteristics
of the property and the public welfare.
Supp. No. 1
2631
§ 8-103 DUBUQUE CODE § 8-103
Furthermore, it is contemplated under this ordinance
that the Planning Commission is, in the first instance,
the body responsible for the formulation and continuing
review of the comprehensive plan for the City, as ex-
pressed herein, and that the Commission shall be
charged with the duty of periodically reviewing the
policies and provisions of this ordinance in light of its
purposes and changing conditions, and proposing on its
own initiative such district reclassifications or ordi-
nance amendments as may be deemed appropriate to
secure the public welfare.
8-103.2 Reclassification Procedures and Policies.
Application for Reclassification: Any person may re-
quest a reclassification of property to another district,
regardless of such person's interest in the property, by
submitting two (2) copies of a completed "Request for
Zoning Reclassification" form, together with the fee
specified in Article X of this ordinance, to the Plan-
ning and Zoning Department. The Department shall
serve notice on the City Council of the pendency of
such request. The Planning and Zoning Commission
shall consider the request with due diligence. On find-
ing the request to be inappropriate, the Commission
may forthwith return a recommendation for denial to
the City Council. The Commission may not recom-
mend approval of any reclassification request which is
found to be substantial in nature, as defined in Section
8-103.3, without first conducting a public hearing on
such reclassification. Where a reclassification request is
not deemed substantial in nature, the Commission may
in its discretion, but shall not be required to, hold a
public hearing thereon. The Commission shall hold a
public hearing on any request when so directed by the
City Council. (Ord. No. 22-76, § 1, 6-21-76)
8-103.3 [Substantial Requests:
For purposes of this ordinance, the following shall be
considered substantial reclassification requests :
Supp. No. 1 2632
§ 8-103 APPENDIX A—ZONING § 8-103
1) Any request which would result in the expansion
in area of existing zoning district by more than
twenty per cent (20% ) ; or
2) Any request which would result in the creation of
a new district which would not be contiguous to
any other similarly -classified property; or
3) Any request involving the reclassification of more
than two (2) acres of property; or
4) Any request for a Planned Unit Development Dis-
trict designation, as provided in Section 4-110.
(Ord. No. 22-76, § 1, 6-21-76)
8-103.4 Commission Action.
Following the public hearing, or if no hearing is held,
then at any time following receipt of the reclassifica-
tion request, the Commission may act to recommend
approval or disapproval of the request. The affirmative
vote of at least four (4) Commission members shall be
required to constitute approval of a substantial zoning
reclassification request as defined in Section 8-103.3,
and any lesser number of affirmative votes shall con-
stitute a disapproval of the request. A failure of the
Commission to consider a zoning reclassification re-
quest within 60 days following receipt of the request
shall constitute Commission approval thereof. A recom-
mendation of the Commission shall forthwith be trans-
mitted to the City Council for its action. (Ord. No.
22-76, § 1, 6-21-76; Ord. No. 4-78, § 2, 1-16-78)
8-103.5 Council Action.
Following receipt of any recommendation of the Com-
mission, or on finding that the Commission has not con-
sidered the request within the sixty (60) day limita-
tion, the City Council may initiate final action on the
request. A Commission recommendation for denial of
a request may be approved by the Council without
public hearing. If the Commission recommends ap-
Supp. No. 3
2633
§ 8-103
DUBUQUE CODE § 8-104
proval of a request, the City Council shall act to hold
its own public hearing on the requested reclassifica-
tion, at which all interested parties shall have an op-
portunity to be heard. At least fifteen (15) days notice
of the time and place of such hearing shall be pub-
lished in the newspaper of general circulation in the
City.
Following the public hearing, the Council shall act to
adopt or reject the reclassification request. In cases
where the Commission has recommended this disap-
proval of the reclassification, the affirmative vote of
at least three-fourths (3/4). of the Council shall be re-
quired to enact the reclassification.
Furthermore, in case of a protest against the reclassi-
fication request signed by the owners of twenty per
cent (20%) or more either of the area of the lots in-
cluded in such request, or of those immediately adja-
cent in the rear thereof extending the depth of one lot
or not to exceed two hundred feet (200') therefrom or
of those directly opposite thereto, extending the depth
of one lot or not to exceed two hundred feet (200')
from the street frontage of such opposite lots, such re-
quests shall not be enacted except by the favorable
vote of at least three-fourths (3,4) of the Council.
(Ord. No. 22-76, § 1, 6-21-76)
Section 8-104. Hearing and notice procedures; reclassification
postings
8-104.1 Notice of Commission Hearings
In the case of all public hearings to be held by the
Planning Commission, notice of the time and place of
such hearing shall be published in a newspaper of gen-
eral circulation in the City at least ten (10) days, but
not more than twenty (20) days prior to the date of the
hearing.
8-104.2 Conduct of Council or Commission Hearings
At all public hearings held by the Planning Commis-
sion or City Council, all interested persons shall have
Supp. No. 3 2634
§ 8-104 APPENDIX A -ZONING § 8-104
an opportunity to express their opinions on the subject
matter at hand, either in person or by agent, subject in
all cases to reasonable rules of procedure.
8-104.3 Posting Requirement for Reclassification Requests
It is the intent of this ordinance that all property for
which a reclassification is requested shall be posted
with notice to that effect prior to the first public hear-
ing at which the reclassification request will be con-
sidered. For purposes of this Section, proper posting
shall consist of the prominent placement of one or more
signs on the subject property stating the nature of the
reclassification request and the time and place of the
public hearing at which such request will first be con-
sidered. The Commission shall be responsible for such
posting where it has acted to set a public hearing on the
request. Where no Commission hearing is held, the
Council shall cause the posting to be done. In either
case, such posting shall be made not less than ten (10)
Supp. No. 1
2634.1
r�
§ 8-104 APPENDIX A—ZONING § 9-101
days nor more than twenty (20) days prior to the
public hearing announced therein. Only one posting
shall be required in any event, and posting by the
Council shall not be required where the Commission
has posted the property previously.
8-104.4 Mail Notice Required to Nearby Property Owners
in Reclassification Requests
It is the intent of this Section to require that a reason-
able effort be made to notify by mail those property
owners whose property is being considered for reclassi-
fication and those adjacent owners of property within
two hundred feet (200') therefrom, prior to the first
public hearing at which the reclassification request will
be considered. Where the Commission has acted to set
a public hearing on a reclassification request, the Com-
mission shall take reasonable steps to give notice of
the time, place, and subject of the hearing by certified
mail to all property owners within two hundred feet
(200') of the property for which reclassification is re-
quested, and to the owner(s) of the property included
in such request. Where no Commission hearing is held
the Council shall be responsible for mailing such no-
tice. Only one mailing shall be required in any event,
and mail notice by the Council shall not be required
where the Commission has set its own public hearing
on the request. In all cases, however, the notice shall be
mailed not less than ten (10) days prior to the public
hearing announced therein.
ARTICLE IX. VIOLATIONS AND PENALTIES
Section 9-101 Violations punished as misdemeanors; penalties
Any person who violates, disobeys, omits, neglects, or re-
fuses to comply with any provisions of this ordinance, or who
erects, alters, repairs or maintains any use, building or struc-
ture in violation of any requirement, provision, or regulation
of this ordinance, or who fails to perform any act or duty re-
quired by this ordinance, or who violates any lawful order
Supp. No. 17 2635
§ 9-101 DUBUQUE CODE § 10-101
issued by the Zoning Administrator, or who violates any con-
dition, limitation, safeguard or requirement established in
connection with any building permit, variance, or Conditional
Use Permit, or other permit shall be guilty of a misdemeanor,
and shall be fined not more than $100, or imprisoned for not
more than thirty (30) days, and in addition shall pay all costs
and expenses involved in the case.
Section 9-102 Separate offenses declared for each day of
violation
Each day or portion thereof during which a violation of this
ordinance is committed, maintained, or continued shall con-
stitute a separate offense.
Section 9-103 Accessories to violations punishable as princi-
pals
The owner or tenant of any building, structure, premises,
or part thereof, and any architect, builder', contractor, agent,
or other person who commits, participates in, assists in, or
maintains a violation of this ordinance may each be found
guilty of a separate offense and punished as provided herein.
ARTICLE X. FEES*
Section 10-101 Fees required
Any application for the following shall be accompanied by the
requisite fee:
1. Variance.
2. Conditional use permit.
3. Appeals to the board of adjustment.
4. Amendment to this ordinance.
*Editor's note—Ord. No. 4-83, § 1, adopted March 12, 1983, repealed App. A,
Art. X, §§ 10-101 and 10-102 and, in place thereof enacted new §§ 10-101-10-104.
The repealed sections derived from Ord. No. 1-76, § 1, adopted Jan. 26, 1976; Ord.
No. 23-76, § 1, adopted June 21, 1976; Ord. No. 33-81, § 1, adopted June 15, 1981
and Ord. No. 43-82, § 6, adopted Aug. 9, 1982.
Supp. No. 17 2636
§ 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. 18
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.
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
Supp. No. 18
2638
Art. XI
APPENDIX A—ZONING Art. XI
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.
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)
Developmentally disabled — a disability of a person which has
continued or can be expected to continue indefinitely and which
is one of the following:
1) Attributable to mental retardation, cerebral palsy, epilepsy
or autism;
2) Attributable to any other condition found to be closely
related to mental retardation because the condition results
Supp. No. 18
2639
Art. XI
DUBUQUE CODE Art. XI
in impairment of general intellectual functioning or adap-
tive behavior similar to that of mentally retarded persons
or requires treatment and services similar to those required
for the persons;
3) Attributable to dyslexia resulting from a disability described
in 1) or 2) above;
4) Attributable to a mental or nervous disorder. (Ord. No.
28-83, § 1, 6-6-83)
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 cont.aining 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
unrelated to such individual by blood, marriage, or formal
adoption.
Supp. No. 18
2640
Art. XI
APPENDIX A—ZONING Art. XI
Family home — a community based residential home which is
licensed as a residential care facility under Chapter 135C of the
Code of Iowa or as a child foster care facility under Chapter 237
of the Code of Iowa to provide room and board, personal care,
habituation services, and supervision in a family environment
exclusively for not more than eight (8) developmentally disabled
persons and any necessary support personnel. However, family
home does not mean an individual foster family home licensed
under Chapter 237 of the Code of Iowa. (Ord. No. 28-83, § 1,
6-6-83)
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
Supp. No. 18
2641
Art. XI
DUBUQUE CODE Art. XI
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
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 ;
Supp. No. 18
2642
Art. XI
APPENDIX A—ZONING Art. XI
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;
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 definition
of family and occupying a single dwelling unit, but not including
a boarding[house] or rooming house or family home. (Ord. No.
28-83, § 2, 6-6-83)
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
Supp. No. 18
2643
Art. XI
DUBUQUE CODE Art. XI
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.
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.
Supp. No. 18 2644
Art. XI
APPENDIX A—ZONING Art. XI
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.
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. 18
2644.1
Art. XI
APPENDIX A—ZONING
Art. XI
In the diagram,
1. A = corner lot, defined as a lot located at the inter-
section of two or more streets. A lot abutting on a
curved street or streets shall be considered a corner
lot if straight lines drawn from the foremost points
of the side lot lines to the foremost point of the lot
meet at an interior angle of less than 135 degrees. See
lots marked A(1) in the diagram.
2. B = interior lot, defined as a lot other than a corner
lot with only one frontage on a street.
3. C = through lot, defined as a lot other than a corner
lot with frontage on more than one street. Through
lots abutting two streets may be referred to as double
frontage lots.
4. D = reversed frontage lot, defined as a lot on which
the frontage is at right angles or approximately right
angles (interior angle less than 135 degrees) to the
general pattern in the area. A reversed frontage lot
may also be a corner lot (A -D in the diagram), an in-
terior lot (B -D) or a through lot (C -D) .
Mobile home — a detached single-family unit with all of
the following characteristics :
2645
Art. XI DUBUQUE CODE Art. XI
1. Designed for long-term occupancy, and containing
sleeping accommodations, a flush toilet, a bath or
shower bath, and kitchen facilities, with plumbing and
electrical connections provided for attachment to out-
side systems.
2. Designed to be transported after fabrication on its
own wheels, or flatbed or other trailers or detachable
wheels.
3. Arriving at the site where it is to be occupied as a
dwelling complete, including major appliances and
furniture, and ready for occupancy except for minor
and incidental unpacking and assembly operations, lo-
cation on foundation supports, connection to utilities,
and the like.
Motel — a building or group of buildings in which living or
sleeping accommodations with individual bathroom and closet
space are rented for the temporary residence of automobile
travelers or other transient persons.
Nursery school — See Day-care center.
Nursing or convalescent home — an establishment provid-
ing full-time housing and care for the aged or physically in-
firm, and not involving surgery, obstetrical services, or other
major medical services more commonly provided in hospitals
or sanitariums. Such establishment may not involve the care
or treatment of mental illness, alcoholism, drug addictions, or
acute illness, but may involve usual convalescent or chronic
care including bedside nursing care, administration of medi-
cines or special diets, application of bandages or dressings,
and similar procedures.
Parking space, off-street — for the purposes of this ordi-
nance, an off-street parking space shall consist of a space
adequate for parking an automobile with room for opening
doors on both sides, together with properly related access to a
public street or alley and maneuvering room. Required off-
street parking areas for three or more automobiles shall have
individual spaces marked, and shall be so designed, main-
tained, and regulated that no parking or maneuvering inci-
2646
Art. XI
APPENDIX A -ZONING Art. XI
dental to parking shall be on any public street, walk, or
alley, and so that any automobile may be parked and un -
parked without moving another.
For purposes of rough computation, an off-street parking
space and necessary access and maneuvering room may be
estimated at 300 square feet, but off-street parking require-
ments will be considered to be met only when actual spaces
meeting the requirements above are provided and maintained,
improved, in a manner appropriate to the circumstances of
the case, and in accordance with all ordinances and regula-
tions of the City.
Principal building — a building containing a principal use.
Principal use — a main or predominate use maintained on
a lot or premises. In some districts, maintenance of more
than one principal use on a lot or premises may be permitted.
Private club — See Club, private
Professional office use — shall include the following uses
only: credit, adjustment, bill collection, and similar financial
services; security or commodity brokerage; insurance sales
and services; advertising or mailing services ; secretarial serv-
ices ; protective or custodial services ; employment services;
real estate brokerage services; business consultation services;
and medical, legal, engineering, or architectural services ;
provided, however, that nothing in this definition shall be con-
strued to allow manufacturing, sales of merchandise to be
delivered on the premises, or any other use which is not
customarily considered an "office" use.
Rear yard — See Yard, rear
Refuse dump — any property used for the collection, stor-
age, or disposition of waste, junk or scrap items of any type.
Retail convenience goods — merchandise commonly sold at
retail for the regular personal consumption needs and con-
venience of the buyer, such as apparel; furniture; appliances;
athletic, recreation, or sporting goods; hardware; housewares ;
and similar items, but not including items purchased in the
course of business activities.
2647
Art. XI
DUBUQUE CODE Art. XI
Retail sales — the sale of merchandise for direct consump-
tion or use by the purchaser as an ultimate consumer.
Rooming house — See Boarding house
Service uses — uses in which the principal activity is the
provision to patrons of human services or skills of a personal,
financial, educational, clerical, administrative, or business
nature, as distinguished from the provision or manufacture of
tangible merchandise. Service uses include uses defined as
Professional Office Uses in this ordinance, as well as uses
involving the care of grooming of the person, pets or apparel;
repair, service, and maintenance of retail convenience goods ;
personal instruction or consultation; and uses with similar
characteristic.
Setback — the minimum horizontal distance required be-
tween the front street, rear, or side lines of the lot and the
street, rear or side lines of the building respectively. Where
two or more contiguous lots in single ownership are con-
cerned, the overall exterior property lines shall be employed
to determine required setbacks.
Side yard — See Yard, side
Sign - See Section 5-105 of this ordinance for definitions
and regulations pertaining to signs.
Street line — the right-of-way line of a street.
Structure — anything constructed or erected with a fixed
location on the ground, or attached to something with a fixed
location on the ground. Structures include but are not limited
to buildings, mobile homes, walls, fences, billboard's and poster
panels.
Townhouses — any series of two or more laterally -joined
dwelling units in which each dwelling unit has separate access
and utility service and in which no dwelling unit [is] placed
on top of another.
Variance — a limited exception from the street application
of the provisions of this ordinance which may be granted by
the Board of Adjustment according to the standards and pro-
cedures of Article VI of this ordinance.
2648
Art. XI
APPENDIX A—ZONING Art. XI
Yard — a required open space other than a court which is
unoccupied and unobstructed by any structure or portion
thereof from the natural ground level to the sky, except as
otherwise provided in Section 3-105 of this ordinance.
Yard, front — a yard extending between side lot lines
across the front of a lot adjoining a public street. In the case
of corner lots and through lots, front yards shall be required
on all frontages of the lot.
The depth of required front yards shall be measured at
right angles to a straight line joining the foremost points
of the side lot lines. The foremost point of the side lot line,
in the case of rounded property corners at street inter-
sections, shall be assumed to be the point at which the side
and front lot lines would have met without such rounding.
Front and rear front yard lines shall be parallel. (Ord. No.
56-80, § 1, 8-18-80)
Yarrd, rear — a yard extending across the rear of the jot
between inner side yard lines. In the case of through lots and
corner lots, there will be no rear yards, but only front and
side yards. Depth of a required rear yard shall be measured
in such a manner that the yard established is a strip of the
minimum width required by district regulations with its inner
edge parallel with the rear lot line.
Yard, side — a yard extending from the rear line of the
required front yard to the rear lot line, or in the absence
of any clearly defined rear lot line to the point on the lot
farthest from the intersection of the lot involved with the
public street. In the case of through lots, side yards shall
extend from the rear lines of front yards required. In the
case of corner lots, yards remaining after front yards have
been established shall be considered side yards.
Width of a required side yard shall be measured in such
a manner that the yard established is a strip of the minimum
width required by district regulations with its inner edge
parallel with the side lot line. (Ord. No. 56-80, § 2, 8-18-80)
Yard, special — a yard behind any required yard adjacent
to a public street, required to perform the same functions as
Supp. No. 8
2649
Art. XI
DUBUQUE CODE § 12-102
a side or rear yard, but adjacent to a lot line so placed or
oriented that neither the term "side yard" nor the term "rear
yard" clearly applies. In such cases, the Zoning Administrator
shall require a yard with minimum dimensions as generally
required for a side yard or a rear yard in the district, de-
termining which shall apply by the relation of the portion of
the lot on which the yard is to be located to the adjoining
lot or lots, with due regard to the orientation and location
of structures and buildable areas thereon.
ARTICLE XII. ADOPTION AND REPEAL OF
CONFLICTING ORDINANCES
Section 12-101 Effective date of ordinance provisions
This ordinance shall be in force and effect ten (10) days
from and after its final passage, adoption, and publication as
provided by law, except the provisions of Section 5-101.4 of
this ordinance regulating the parking and storage of vehicles
within residential districts, which provisions shall be in force
and effect beginning on October 1, 1976. (Ord. No. 32-76, § 1,
7-6-76)
Section 12-102 Repeal of conflicting ordinances
Upon the effective date and publication of this ordinance,
Ordinance No. 3-34 and all amendments thereto shall be, and
the same hereby are repealed. However, in the event that this
ordinance shall fail to become effective for any reason what-
soever, Ordinance No. 3-34 and all amendments thereto shall
remain in full force and effect.
Passed, adopted and approved this 4th day of August 1975.
C. Robert Justmann
Mayor
Alvin E. Lundh
Emil Stackis
James E. Brady
Donald R. Myers
Councilmen
Attest: Leo F. Frommelt
City Clerk
Supp. No. 8
2650
[The next page is 29&1T
CODE COMPARATIVE TABLE
Section
Ord. No. Date Section this Code
Added 22-1-22-6,
22-17-22-19
41-84 11-13-84 1 10-1
2, 3 10-2
42-84 11-13-84 1-3 14-1-14-3
44-84 12- 3-84 1 191/2-6.5
45-84 12- 3-84 1 25-293
46-84 12- 3-84 1 25-307(2)
47-84 12-17-84 1 22-1,
22-2(a), (d),
22-6, 22-18(b)
49-84 12-17-84 1 27-103-27-109
Supp. No. 23
2989
[The next page is 3001]
CODE INDEX
ANIMALS AND FOWL—Cont'd. Section
Prohibited noise, noise regulations, etc. 26439 et seq.
Noises. See that title
Rabies control. See within this title: Dogs and Cats
Rat control 24-78 et seq.
Rat control. See that title
Running at large
Animals in general 7-3
Dogs and cats. See hereinabove that subject
Impoundment. See within this title: Dogs and Cata
Storage of animal food restricted 24-85
Rat control. See that title
Vaccinations. See within this title: Dogs and Cata
Waste water discharge prohibitions 36-71(a)
Water and sewers. See that title
ANNEXATIONS
Ordinances saved from repeal, other provisions not
included herein. See the preliminary pages and the
adopting ordinance of this code
APPOINTIVE PERSONNEL. See: Officers and Em-
ployees
APPROPRIATIONS
Annual appropriation ordinance 2-24
Ordinances saved from repeal, other provisions not
included herein. See the preliminary pages and
the adopting ordinance of this code
ARSENIC
Specific waste water pollutant limitations 36-71(d)
Water and sewers. See that title
ARTERIAL HIGHWAYS
Ordinances saved from repeal, other provisions not included
herein. See the preliminary pages and the adopting ordi-
nance of this code
ASHES
Waste water discharge prohibitions 36-71(a)
Water and sewers. See that title
ASPHALT RESIDUES
Waste water discharge prohibitions 36-71(a)
Water and sewers. See that title
ASSAULT AND BATTERY
Fighting 26-2
Supp. No. 22
3010.1
DUBUQUE CODE
ASSEMBLIES Section
Assembling for purpose of intimidation 26-31
Collecting or gathering on sidewalk, etc. 38-2(4)
Disturbing assemblages _ _ 26-3
Lawful, peaceful assemblies
Provisions construed in reference to _.__ 26-32
Open air shows 6-75 et seq.
Open air shows. See that title
Parks; gatherings or groups — 27-67, 27-68
Parks and recreation. See that title
Permits required 2619
Public dances and dance halls 6-90 et seq.
Public dances and dance halls. See that title
Riot, assembling for purpose of ___— _ 26-30
ASSESSMENTS
General special assessment fund ________________— 2-6
Finances in general. See: Finances
Ordinances saved from repeal, other provisions not
included herein. See the preliminary pages and
the adopting ordinance of this code
Property assessments in general ___ _______ __ 35-1
Taxation. See that title
Snow and ice removal assessments ____ 33-85
Special assessment accounts __—_____— 2-164
ASSOCIATIONS
Person defined re _________ 1-2
ATOMIC BOMB WARFARE
Emergency location for city government ______— 2-5
Emergency succession in office _ 2-199 et seq.
Emergency succession. See that title
ATTORNEYS
City solicitor ______________ _ ____ 2-141 et seq.
City solicitor. See that title
Supp. No. 22
3010.2
CODE INDEX
BICYCLES—Cont'd. Section
Traffic rules, etc.
Obedience required 9-10
Town Clock Plaza, municipal parking garage, munici-
pal parking lot, roadways or crosswalks
Use of bicycles on 25-245
Traffic in general 25-1 et seq.
Use in parks 27-67
Warning devices 9-2
BILLBOARDS
Sign regulations 3-34 et seq.
Advertising. See that title
BILLIARDS
Generally 6-16 et aeq.
Poolrooms and billiard parlors. See that title
BILLPOSTING
Posting placards, etc. 27-59
Parks and recreation. See that title
Regulated - 3-14 et aeq.
Advertising. See that title
BIRDS
Interfering with animals in parks 27-56
Parks and recreation. See that title
BISSELL HARBOR
Prohibited activities 9'/z-30
BLACKOUTS
Emergency succession in office 2-199 et seq.
Emergency succession. See that title
BLASTING AGENTS. See: Explosives and Blasting Agents
BLOCKS
Subdivision blocks 34-81 et seq.
BLOOD
Waste water discharge prohibitions 36-71(a)
Water and sewers. See that title
BLUFFS
Parks and recreation 27-70
Parks and recreation. See that title
BOARD OF HEALTH
City clerk as clerk of 2-121
Supp. No. 19
3013
DUBUQUE CODE
BOARD OF TRUSTEES Section
Transit authority 36-72 et seq.
Transit authority. See that title
BOARDS AND COMMISSIONS
Agencies of city in general. See: Departments and Other
Agencies of City
BOATS, BOATING AND WATERFRONT STRUCTURES
Abandoned craft, removal of 91/2-28
Anchoring for fishing 91/2-27(3)
Boat landing areas
Designating; signs 91/2-17
Boathouses
Maintaining 91/2-22
Business conducted in pleasure craft spaces prohibited 91/2-24
Commercial activities 91/2-23
Conducting trade or business in pleasure craft spaces prohibited 91/2-24
Definitions 91/2-15
Derelict craft, removal of 91/2-28
Dock division manager
Office of 91/2-12
Drifting 91/2-27(4)
Driving over ice 91/2-31
Dubuque Dock Board
Duties 91/2-6
Established 91/2.5
Lease negotiations 91/2-9
Meetings; procedures 91/2.8
Membership 91/2.7
Officers 91/2.7
Purpose 91/2-6
Terms of members 91/2.7
Fishing, anchoring for 91/2-27(3)
Fishing shelters 91/2-32
Floats
Maintaining 91/2-22
Garbage and trash
Unlawful deposits 91/2-16
Ice, driving over 91/2-31
Intent 91/2.1
Launching, removing boat from water at public launching ramps 91/2-25
Mooring
Boathouses after March 26, 1973, restricted 91/2-21
Maintenance of moored floats and boathouses 91/2-22
Permits 91/2-18
Expiration; renewal 91/2.19
Removal of boats without 91/2-20
Supp. No. 19
3014
CODE INDEX
BOATS, BOATING AND WATERFRONT STRUCTURES—
Cont'd. Section
No parking areas 91/2-29
Noise provisions 9'/2-27(5)
Operating while intoxicated or under influence of controlled
substances 91/2-27(6)
Permits
Mooring 9'/2-18
Expiration; renewal 9'/2-19
Removal of boats without 91/2-20
Powerboats
Water operation rules 91/2-27
Prohibited activities 91/2-30
Public launching ramps
Launching, removing boat from water at 91/2-25
Repairs to boats at 91/2-26
Removal of sunken, derelict or abandoned craft 91/2-28
Repairs to boats at public launching ramps 91/2-26
Speedboats
Water operation rules 91/2-27
Sunken craft, removal of 91/2.28
Trade conducted in pleasure craft spaces prohibited 91/2-24
Unlawful deposits 91/2-16
Water operation rules 91/2-27
Supp. No. 19
3014.1
CODE INDEX
CONDEMNATION ORDERS, PROCEEDINGS, ETC.
Housing
Housing. See that title
Ordinances savea from repeal, other provisions not included
herein. See the preliminary pages and the adopting ordi-
nance of this code
Section
20-24
CONDEMNED BUILDINGS
Demolition, housing authority 20-26
CONTRACTS AND AGREEMENTS
Execution of contracts, etc 2-8
Noise ordinance compliance by city contractors and subcontractors 26-147
Ordinances saved from repeal, other provisions not included
herein. See the preliminary pages and the adopting ordi-
nance of this code
Powers and duties manager 2-106 et seq.
CONVALESCENT HOMES
City -operated ambulance rates 18-52
COPPER
Specific waste water pollutant limitations 36-71(d)
Water and sewers. See that title
CORPORATE SEAL. See: City Seal
CORPORATION
Person defined re 1-2
CORPORATION COUNSEL
Defined 1-2
Legal department 2-141 et seq.
Legal department. See that title
CORRALS
Livestock keeping restrictions 7-2
Animals and fowl. See that title
COUNCIL. See City Council
COUNTY
Defined 1-2
COURTS
City solicitors, duties 2-148
Human relations provisions 21-1 et seq.
Opinions and actions of solicitor, record of 2-145
Prohibited noise, noise regulations, etc. 26-129 et seq.
Noises. See that title
Waste water discharge violations
Judicial review for 36-75(c)
Water and sewers. See that title
Supp. No. 22
3027
DUBUQUE CODE
COWS, CATTLE, ETC. Section
Animals at large, etc. 7-2
Animals in general. See: Animals and Fowl
CREDIT
Unfair and discriminatory practices 21-67
Unfair and discriminatory practices. See also that title
CRIMES
False reports 26-6
CRYSTAL GAZERS
Fortunetellers' license requirements 24-46 et seq.
CURBS AND DRIVEWAYS
Construction 33-25 et seq.
Streets and sidewalks. See that title
CYANIDE
Specific waste water pollutant limitations 36-71(d)
Water and sewers. See that title
D
DAIRIES
Milk and milk products 16-28 et seq.
Milk and milk products. see that title
DAMAGED GOODS SALES
Going -out -of -business sales regulations 24-60 et seq.
Going -out -of -business sales. See that title
DANCING
Public dances and dance halls 6-90 et seq.
Public dances and dance halls. See that title
DANGEROUS ANIMALS
Animals and fowl; provisions re dangerous animals 7-75 et seq.
Animals and fowl. See that title
DEAD ANIMALS
Rabies control regulations re dogs and cats
Notification to police or health officer 7-48
DEEDS
Execution 2-8
DEFACEMENT
Damaging, defacing property 26-15
DEFENSE. See: Civil Defense
DEFINITIONS
General definitions for interpreting code 1-2
Supp. No. 22
3028
CODE INDEX
DELEGATION OF AUTHORITY Section
Construed for interpreting code 1-2
Supp. No. 22
3028.1
CODE INDEX
DEMOLITION Section
Construction, demolition and moving of buildings 10-5, 10-40 et seq.
Buildings. See that title
Historic districts
Demolition of structures in 191/2-7
Historical preservation. See also that title
Housing; repair or demolition 20-14 et seq.
Substandard buildings, etc. See: Housing
Permits, waiting period for 10-5
Unsafe buildings. See: Buildings
DEPARTMENTS AND OTHER AGENCIES OF CITY
Airport commission 4-22 et seq.
Airports and aircraft. See that title
Airport zoning commission 4-47 et seq.
Airports and aircraft. See that title
Board of adjustment
Airport zoning, for 4-74 et seq.
Airports and aircraft. See that title
Building code and advisory appeals board 10-2(204)
Buildings. See that title
Building inspection division 10-2(201)
Buildings. See that title
Cable television. See also that title
Cable regulatory commission 36-175 et seq.
Community tele -programming commission - 36-171 et seq.
Civic center commission. See that title
Civil service commission 2-178 et seq.
Civil service commission. See that title
Clerk to direct papers to appropriate committees, etc. 2-60
Council meetings and procedures. See: City Council
Community development commission 111/s -11 et seq.
Community development commission. See that title
Division of plumbing inspections 30-24
Plumbing. See that title
Dock board 91/2-5 et seq.
Boats, boating and waterfront structures. See that title
Dock division manager 91/2-12
Electrical appeals board 13-47 et seq.
Electricity. See that title
Electrical examining board 13-103 et seq,
Electricity. See that title
Emergency location for city government 2-5
Fire department 14-25 et seq.
Fire department. See that title
Health and sanitation
Board of health 18-1
Health and sanitation. See that title
Supp. No. 20
3029
DUBUQUE CODE
DEPARTMENTS AND OTHER AGENCIES OF CITY—
Cont'd. Section
Historic preservation commission 191/2-3 et seq.
Historical preservation. See that title
Housing code appeals board 20-12.01 et seq.
Housing. See that title
Housing, low -rent
Housing commission 111/2 -76 et oeq.
Low -rent housing. See that title
Human rights commission 21-16 et seq.
Human rights commission. See that title
Legal department 2-141 et seq.
Legal department. See that title
Library board of trustees 23-1 et seq.
Library. See that title
Officials, boards, commissions, etc., construed 1-2
Park and recreation commission 27-16 et seq.
Parks and recreation. See that title
Police department in general 31-1 et seq.
Police department. See that title
Reference to officials, etc., by title in code construed 1-2
Transit authority 38-66 et seq.
Transit authority. See that title
DERELICT WATERCRAFT
Removal 91/2-28
DEVELOPMENT
Community development 111/2 -1 et seq.
Community development. See that title
Development planner 29-31
Planning. See that title
Planning and zoning commission 29-16 et seq.
Planning and zoning commission. See that title
DIRECTOR OF COMMUNITY DEVELOPMENT
Community development commission. See that title
Office created 2-172
Responsibilities generally 2-172
DIRECTOR OF PUBLIC WORKS
Office created, responsibilities, etc. 2-169 et seq.
Public works and improvements. See that title
DISASTERS
Civil defense, providing for 11-1 et seq.
Civil defense. See that title
Emergency location for city government 2-5
Supp. No. 20
3030
CODE INDEX
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
Section
FUEL REFINING OR PROCESSING
Waste water discharge prohibitions 36-71(a)
Water and sewers. See that title
G
GAMBLING
Generally 26-69
Houses, keeping 26-71
Seizure and destruction of devices 26-72
Slot machines 26-70
GARBAGE 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
Containers. See also within this title that subject
Placement of for collection 17-34
Frequency, time and areas of collection 17-33
Hazardous materials not collected by city 17-21
Residential premises
Limitation on quantity from 17-35
Time and areas of collection 17-33
Collection
City collection. See within this title that subject
Containers. See within this title that subject
Hazardous materials not collected by city 17-21(a)
Enumeration 17-21(c)
Transporting by owner 17-21 (b)
Supp. No. 19
3041
DUBUQUE CODE
GARBAGE AND TRASH—Cont'd. Section
Private collection service. See within this title that
subject
Wrapping and draining of certain refuse _ 17-19
Containers
City collection service. See within this title that sub-
ject
Collection of noncomplying containers by city crews 17-18
Required 17-18
Specifications 17-18
Definitions 17-16
Disposal definitions 17-54
Deposits on other property, public or private 17-17
Disposal 17-54 et seq.
Dumping areas
Transport to city -approved dumping areas 17-23
Hazardous materials not collected by city 17-21(a)
Enumeration 17-21(c)
Transport by owner 17-21(b)
Housing .______________— 20-1 et seq.
Housing. See that title
Incinerators. See within this title: Burning or Incinerating
Garbage or Refuse
Sale or installation of incinerators restricted . 17-2
Landfill sites
Disposal at other than _ 17-55
Disposal to be in compliance with instructions 17-56
Dumping areas. See within this title that subject
Private landfill sites 17-75 et seq.
Public landfill sites --.___.___.__._ ___ 17-63 et seq.
Licenses
Private collection service. See within this title that
subject
Parks ____--____ 27-51
Parks and recreation. See that title
Private collection service
Licenses
Application; fee 17-45
Display of license number on 17-46
Fee 17-45
Required 17-44
Private landfill sites
Correction of objectionable conditions by city, when 17-79
Landfill sites. See within this title that subject
Licenses
Application __ . 17-76
Fees 17-77
Supp. No. 19
3042
CODE INDEX
GARBAGE AND TRASH—Cont'd. Section
Issuance 17-78
Required 17-75
Use charges prohibited, exceptions 17-80
Prohibited noise, noise regulations, etc. 26-139 et seq.
Noises. See that title
Public landfill sites
Areas 17-64
City manager's authority 17-63
Exclusion of certain materials ___ 17-617
Fees 17-68
Hours of operation _ 17-66
Landfill sites. See within this title that subject
Operation in safe, sanitary condition 17-65
Rat control provisions .__ . _..__ __ 24-86
Streets, sidewalks, etc.
Deposits on 17-17
Unlawful accumulations 17-20
Vehicles hauling refuse
Display of ilcense number on ____ 17-46
Requirements for — 17-22
Waste water discharge prohibitions 36-71(a)
Water and sewers. See that title
Waterfront, unlawful deposits in waterways 91/2-16
Boats, boating and waterfront structures. See that title
Wrapping and draining of certain refuse _______________ 17-19
GARDEN TOOLS, ETC.
Noise, creating .. _ . _.__._ .__ ----- - _ ._ .___ 26-143(c)
GAS MAINS
Connections
City's authority to make ________. 36-3
City's authority to require 36-1
Notice to owners to connect 36-2
When completion is required - 36-4
GASOLINE AND GASOLINE SERVICE STATIONS, TANK VE-
HICLES AND STORAGE TANKS
Bulk storage tank licenses
Applications 14-72
Exemption from provisions 14-71
Expiration 14-73
Fee schedule 14-70
Renewal 14-73
Required 14-70
Definitions 14-46
Hours of unloading tank vehicles restricted . 14-48
Supp. No. 19
3043
DUBUQUE CODE
GASOLINE AND GASOLINE SERVICE STATIONS, TANK VE-
HICLES AND STORAGE TANKS—Cont'd. Section
Operation of service station during unloading of tank vehicle
restricted 14-47
Public streets, unloading of tank vehicles while on prohibited;
exception 14-49
Service station licenses
Application 14-56
Expiration 14-58
Fee 14-57
Renewal 14-58
Required 14-55
Unloading of vehicle
Hours of restricted 14-48
Operation of service station during restricted 14-47
Public streets, unloading of while on prohibited; exception 14-49
Waste water discharge prohibitions 36-71(a)
Water and sewers. See that title
GATHERINGS OR GROUPS
Parks and recreation 27-67, 27-68
Parks and recreation. See that title
GENDER
Word usage for interpreting code 1-2
GENERAL SPECIAL ASSESSMENT FUND
Established 2-6
Finances in general. See: Finances
GLASS
Waste water discharge prohibitions re glass and glass grinding
or polishing wastes
Water and sewers. See that title
GLUE, MODEL. See: Model Glue
36-71(a)
GO-CARTS
Use in parks 27-67
GOATS
Animals at large, etc. 7-2
Animals in general. See: Animals and Fowl
GOING -OUT -OF -BUSINESS SALES
Defined 24-60
Inventory requirements 24-62,24-65
Permits
Applications . 24-62
Expiration 24-64
Fees 24-63
Issuance 24-63
Supp. No. 19 3044
CODE INDEX
JUNK DEALERS, SECONDHAND DEALERS AND PAWN-
BROKERS—Cont'd. Section
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 22-6
Stolen property, inspection for 22-5
JUNK STORAGE
Housing restrictions 20-107
Housing. See that title
K
KEROSENE
Waste water discharge prohibitions 36-71(a)
Water and sewers. See that title
KETONES
Waste water discharge prohibitions 36-71(a)
Water and sewers. See that title
KNIVES
Concealed weapons 26-12
Firearms and weapons. See that title
L
LABORERS
Assembling for purpose of intimidation 26-31
Human relations provisions 21-1 et seq.
Unfair employment practices 21-56 et seq.
Human rights commission. See that title
LAND, REAL ESTATE
Defined 1-2
LANGWORTHY HISTORIC PRESERVATION DISTRICT
Provisions re 191/2-6.1
Historic districts. See: Historical Preservation
LAVATORY FACILITIES
Dwelling units 20-71
Housing. See that title
LAWNMOWERS
Noise, creating 26-143(c)
LAWSUITS
City solicitor, generally 2-141 et seq.
City solicitor. See that title
Supp. No. 23
3053
DUBUQUE CODE
LAWYERS Section
City solicitor 2-141 et seq.
City solicitor. See that title
LEAD
Specific waste water pollutant limitations 36-71(d)
Water and sewers. See that title
LEASES
Dock board lease negotiations 91/2-9
Noise equipment, leasing 26-146
LEGAL DEPARTMENT
City solicitor
Appointment; representing city and city officers and
employees 2-143
Corporation counsel
Adjusting claims or litigation pending against the
city 2-144
Chief legal officer, appointment as; powers and du-
ties generally 2-141
Specific powers and duties 2-142
Established 2-141
LEGAL HOLIDAYS. See: Holidays
LIBRARIAN
Emergency succession in office 2-199 et seq.
Emergency succession. See that title
LIBRARY
Board of trustees
Annual reports 23-7
Buildings, donations, duties regarding 23-6
Compensation 23-3
Composition 23-1
Eligibility for membership 23-2
Funds, handling, disposition 23-8
Powers and duties in general 23-5
Terms of members 23-4
Vacancies, filling 23-5
LICENSES AND PERMITS
(Note—In conjunction with the subjects listed herein
which apply to all businesses, etc., see also
specific occupations, professions, trades, busi-
nesses, etc.)
Airport permits
Airports and aircraft. See that title
Supp. No. 23
3054
4-6 et seq.
CODE INDEX
LICENSES AND PERMITS—Cont'd. Section
Open air shows 6-75 et seq.
Open air shows. See that title
Parks and recreation 27-68 et seq.
Parks and recreation. See that title
Peddlers' licenses 28-17 et seq.
Peddlers, canvassers and solicitors. See that title
Plumbers' licenses and examinations, etc. 30-76 et seq.
Plumbing. See that title
Plumbing permits 30-54 et seq.
Plumbing. See that title
Poolrooms 6-29 et seq.
Poolrooms and billiard parlors. See that title
Private disposal systems 36-43 et seq.
Water and sewers. See that title
Private garbage collector's license 17-39 et seq.
Garbage and trash. See that title
Private landfill sites 17-75 et seq.
Garbage and trash. See that title
Public dances and dance halls 6-90 et seq.
Public dances and dance halls. See that title
Rat control 24-78 et seq.
Rat control. See that title
Registration of electricians 13-82
Electricity. See that title
Rooming houses, hotels and motels, permits 20-159 et seq.
Service station licenses 14-55 et seq.
Gasoline service stations and tank trucks. See that title
Sewage disposal
Private haulers; permit requirement 36-53
Sewers and sewage disposal. See: Water and Sewers
Shooting galleries 6-114 et seq.
Shooting galleries. See that title
Sign permits, licenses and bonds 3-64 et seq.
Advertising. See that title
Slaughterhouses and meat -packing plants 16-60 et seq.
Slaughterhouses and meat -packing plants. See that
title
Street and sidewalk excavation permits 33-62 et seq.
Streets and sidewalks. See that title
Swimming pool permits 10-34 et seq.
Taxicabs 38-31 et seq.
Vehicles for hire (taxicabs). See that title
Theaters and halls 6-128 et seq.
Theaters and halls. See that title
Transient merchants 28-17 et seq.
Peddlers, canvassers and solicitors. See that title
Supp. No. 22
3057
DUBUQUE CODE
LICENSES AND PERMITS—Cont'd. Section
Tree trimmer's license 37-23 et seq.
Trees and shrubbery. See that title
Vehicles for hire (taxicabs) 38-31 et seq.
Vehicles for hire (taxicabs). See that title
Waste water discharge permits 36-73, 36-74
Water and sewers. See that title
Weights and measures 24-98 et seq.
Weights and measures. See that title
LIGHT
Housing standards 20-1 et seq.
Housing. See that title
LIGHTING REFLECTORS
Erection 3-56
LIME
Waste water discharge prohibitions re spent lime 36-71(a)
Water and sewers. See that title
LIQUIDATION SALES
Going -out -of -business sales regulations 24-60 et seq.
Going -out -of -business sales. See that title
LIQUOR
Alcoholic beverage regulations 5-1 et seq.
Alcoholic beverages. See that title
LITTERING
Handbill distribution prohibitions 3-20
Unlawful deposits in parks 27-45
Unlawful deposits in waterways 91-16
LIVESTOCK
Maintaining in city 7-2
Animals in general. See: Animals and Fowl
LOADING AND UNLOADING
Prohibited noise, noise regulations, etc. 26-139 et seq.
Noises. See that title
LODGINGHOUSES
Miscellaneous business regulations 24-3(2)
Smoking in 14-9
LOITERING
Prostitution, loitering for the purposes of 26-8
LOTS
Livestock keeping restrictions 7-2
Animals and fowl. See that title
Subdivision lots 34-90 et seq.
Supp. No. 22 3058
CODE INDEX
OFFICERS AND EMPLOYEES—Cont'd. Section
City treasurer 2-159 et seq.
City treasurer. See that title
Civil service commission 2-178 et seq.
Civil service commission. See that title
Compensation, salaries, etc.
Ordinances saved from repeal, other provisions not included
herein. See the preliminary pages and the adopting or-
dinance of this code
Providing for 2-68
Corporation counsel
Powers and duties 2-142
Legal department. See that title
Delegation of authority, construed 1-2
Departments and other agencies of city. See that title
Development planner 29-31
Planning. See that title
Director of public works 2-169 et seq.
Public works and improvements. See that title
Disaster services and emergency planning coordinator 11-19 et seq.
Civil defense. See that title
Dock board 91/2-5 et seq.
Boats, boating and waterfront structures. See that title
Dock division manager 91/2-12
Elections 12-1 et seq.
Elections. See that title
Electrical inspector 13-29 et seq.
Electricity. See that title
Emergency location for city government 2-5
Emergency succession 2-199 et seq.
Emergency succession. See that title
Examinations 2-187
Civil service commission. See that title
General powers and duties
Charter provisions 2-19
Designated 2-70
Specific powers, etc. See Specific subjects
Human rights director 21-31
Human rights director. See that title
Manager, powers and duties of re 2-107
Mayor and mayor pro tem 2-81 et seq.
Mayor and mayor pro tem. See that title
Municipal funds, deposits of 2-73
Municipal parking garage operators 25-296
Traffic. See that title
Park rangers 27-11
Parks and recreation, director of 27-33, 27-34
Parks and recreation. See that title
Supp. No. 21
3063
DUBUQUE CODE
OFFICERS AND EMPLOYEES—Cont'd. Section
Pensions and retirements
Ordinances saved from repeal, other provisions not included
herein. See the preliminary pages and the adopting or-
dinance of this code
Personnel records 2-185
Civil service commission. See that title
Plumbing inspectors
Plumbing. See that title
Powers and duties. See within this title: General Powers and
Duties
Powers and duties of manager re 2-107
Representation, duties of solicitor 2-149
Transfer of records and property to successor 2-74
OIL
Specific waste water pollutant limitations
Water and sewers. See that title
OLD MAIN HISTORIC DISTRICT
Provisions re 191/2-6.2
Historic districts. See: Historical Preservation
ONE-WAY STREETS
Ordinances saved from repeal, other provisions not included
herein. See the preliminary pages and the adopting ordi-
nance of this code
30-24 et seq.
36-71(d)
OPEN AIR SHOWS
Definitions 6-75
Exemptions 6-78
Licenses
Exemptions 6-78
Fees 6-77
Required 6-76
Theaters and halls in general 6-128 et seq.
Theaters and halls. See that title
OPENING BOXES
Prohibited noise, noise regulations, etc. 26-139 et seq.
Noises. See that title
ORDERTAKERS
Peddlers' regulations 28-1 et seq.
Peddlers, canvassers and solicitors. See that title
ORDINANCES
Annual appropriation ordinance 2-24
Charter provisions 2-16 et seq.
Charter. See that title
Code of ordinances 1-1 et seq.
Code of ordinances. See that title
Supp. No. 21
3064
CODE INDEX
SUBDI V ISIONS—Cont'd. Section
Drafting requirements 34-42
Examination by commission 34-40
Information required to be shown 34-43
Installation and security for installation and mainte-
nance of improvements, etc.
May be made prerequisite for approval 34-45
Power to approve or disapprove 34-41
Purpose 34-38
Submission to commission 34-39
Submission to council, when 34-41
Improvements
Installation of 34-58
Lots
Area and dimensions 34-90
Exceptional sized lots 34-57
Modification of requirements 34-59
Monuments and markers
Corner of each lot 34-58(b)
Parke, playgrounds and schools
Dedication of sites 34-100
Permits
Issuance restricted 34-18
Plats
Application fee for subdivision plat review required 34-19
Recording required 34-17
Preliminary plats
Drafting requirements 34-30
Effect, duration of approval 34-28
Exemption from filing 34-29
Information required to be shown 34-31
Power of commission to approve or disapprove 34-27
Purpose 34-25
Submission to commission 34-26
Purpose of provisions 34-3
Schools. See hereinabove: Parks, Playgrounds and Schools
Septic tank installation
Permit issuance restrictions 34-18
Short title 34-1
Standards and specifications 34-57 et seq.
Streets, alleys and easements
Adjoining street systems 34-72
Alleys 34-71
Cul-de-sac 34-70
Easements 34-74
Street alignment 34-68
Street grades 34-69
Supp. No. 19
3085
DUBUQUE CODE
SUBDIVISIONS—Cont'd. Section
Street intersections 34-67
Street names 34-73
Street widths 34-66
SUBPOENAS
Writs, warrants and other processes. See that title
SUBVERSIVE ACTS
Emergency location for city government 2-5
SUCCESSION IN OFFICE
Emergency succession in office 2-199 et seq.
Emergency succession. See that title
SUITS AND PLEAS
City solicitor in general 2-143
Legal department. See that title
SULFIDES
Waste water discharge prohibitions 36-71(a)
Water and sewers. See that title
SUNDAY
Time computed re 1-2
SUNKEN WATERCRAFT
Removal 91/2-28
SURETY
Bonds, approval 2-4
SURFBOARDING
Areas where prohibited 91/2-30
SURVEYS, MAPS AND PLATS
Fire zones described 10-3
Grade stakes, etc., removal 26-16
Ordinances saved from repeal, other provisions not
included herein. See the preliminary pages and the
adopting ordinance of this code
Planning and zoning commission powers 29-20
Planning and zoning commission. See that title
Precincts described 12-20 et seq.
Subdivisions 34-1 et seq.
Subdivisions. See that title
SWEAR OR SWORN. See: Oath, Affirmation, Swear or
Sworn
SWIMMING
Areas where prohibited 91/2-30
Supp. No. 19
3086
CODE INDEX
WATER AND SEWERS--Cont'd. Section
Service pipes
Required depth of 36-135
Service shutoffs and valve boxes 36-127
Services installed and maintained at expense of
owner 36-136
Stop box 36-129
Stopcock 36-131
Turning on service
City only to turn on service 36-99
City's responsibility 36-98
Waste cock 36-131
WARFARE
Emergency location for city government . _. _ 2-5
WATER CLOSETS
Plumbing regulations 30-1 et seq.
Plumbing. See that title
WATER DAMAGED GOODS SALES
Going -out -of -business sales regulations 24-60 et seq.
Going -out -of -business sales. See that title
WATER HEATING FACILITIES
Housing standards 20-74
Housing. See that title
WATER PLANT SUPERVISOR
Emergency succession in office 2-199 et seq.
Emergency succession. See that title
WATER SKIING
Areas where prohibited 91/2-30
WATERFRONT
Boats, boating and waterfront structures 91/2-1 et seq.
Boats, boating and waterfront structures. See that title
WEAPONS. See: Firearms and Weapons
WEEDS AND BRUSH
Duty of owner to remove 37-49
Notice to owner to remove 37-50
Compliance with removal notice required 37-51
Failure to comply 37-53
Removal by city after owner's failure, etc. 37-52
WEIGHTS AND MEASURES
Central market
Weights and measuring devices, etc. 24-33
Supp. No. 19 3115
DUBUQUE CODE
WEIGHTS AND MEASURES—Cont'd. Section
City sealer 24-98
Testing of apparatus . 24-100
Violations, penalties . 24-101
WHARVES
Boats, boating and waterfront structures 91/2-1 et seq.
Boats, boating and waterfront structures. See that title
WILDLIFE
Interfering with park animals 27-56
WINE AND BEER
Alcoholic beverage regulations 5-1 et seq.
Alcoholic beverages. See that title
WOOD
Waste water discharge prohibitions 36-71(a)
Water and sewers. See that title
WORDS AND PHRASES
General definitions for interpreting code 1-2
WRITS, WARRANTS AND OTHER PROCESSES
Clerk, service of notices, etc.
Defacing legal notices, etc. 3-2
2-119
WRITTEN, IN WRITING
Definitions for interpreting code 1-2
XYLENE
Waste water discharge prohibitions
Water and sewers. See that title
X
Y
36-71(a)
YARDS
Livestock keeping restrictions 7-2
Animals and fowl. See that title
YEAR, FISCAL
Designated 2-3
YEAR, MONTH
Defined 1-2
Z
ZINC
Specific waste water pollutant limitations 36-71(d)
Water and sewers. See that title
Supp. No. 19
3116
[The next page is 3127]
CODE INDEX
Z
ZONING (Appendix A) Section
(Note—References are to section numbers of the
zoning appendix A, however, certain references
and cross references are to chapter and section
numbers of the code itself)
Accessory buildings, structures or uses
Accessory use provisions
General provisions .____—_____— 5-101.1
Home occupations 5-101.3
Off-street parking and storage of vehicles in residential
districts
Special regulations governing ___— 5-101.4
Permitted accessory uses _____— 5-101.2
Application and scope __. 3-103.3
District requirements. See herein specific districts
Supplementary requirements 5-101
Administrator. See hereinbelow: Zoning Administrator
Adoption and repeal. See within this title: Provisions
Adult entertainment establishments (theaters, book-
stores, etc.)
Application and scope of regulations 5-108.2
Definitions __ ___ 5-108.3
General statement of intent 5-108.1
Location and spatial separation of establishments
Regulations governing _ __ 5-108.4
Specified sexual activities, specified anatomical
areas
Definitions ....__ 5-108.3
AG -Agricultural district regulations
Enumerated 4-102
Airport zoning commission __ 4-47 et seq.
Airports and aircraft. See that title
Amendments and zoning reclassification
General statement of intent _._._.._.__...__._______________ 8-101
Hearing and notice procedures _.___.... 8-104
Ordinance amendment procedure . 8-102
Procedures and policies 8-101 et seq.
Provisions. See within this title that subject
Reclassification posting _____ ________ _ ._.. .. 8-104
Reclassification procedure ______ 8-103
Amortization provisions _._.. .._.. 2-109
Annexation
Classification of annexed territory ______ _____ 1-103.5
Appeals
Board of adjustment. See hereinbelow that subject
Supp. No. 17
3127
DUBUQUE CODE
ZONING (Appendix A)—Cont'd. Section
Area
Yards and open spaces. See within this title that
subject
Board of adjustment
Appeals from decisions of 6-108
Appeals to the board
Standards and procedures 6-105
Conditional use permits 6-106
Establishment 6-101
General powers 6-104
Membership 6-102
Rules, meetings, general procedure 6-103
Variances 6-107
Bookstores
Adult entertainment establishments. See within this
title that subject
Building permits
General building permit required 7-103
Issuance during zoning reconsideration 10-4
Buildings. See also that title
Buildings, structures and uses of the city generally
Application and scope of provisions 3-103.8
Fronting on a public or approved private street required 3-106
Limitations on number 3-104
Structures permitted above height limits 3-103.9
Bulk and yard regulations
Conformance to 1-103.1
Bulk plant service stations 14-48
Gasoline service stations and tank trucks. See that title
Bulk regulations
Applicability and scope 3-103.5
C-1 Commercial district
Requirements 4-112
C-2 Local service commercial district
Requirements 4-113
C-3 Arterial business commercial district
Requirements 4-114
C-4 General commercial district
Requirements 4-115
C-5 Central business district
Requirements 4-116
C-6 Planned commercial district
Requirements 4-117
C-7 General service and wholesale commercial district
Requirements 4-112
Certificate of zoning compliance 7-103
Supp. No. 17
3128
CODE INDEX
ZONING (Appendix A)—Cont'd. Section
City buildings, structures and uses
Exemption from regulations 3-103.8
Commercial and industrial districts
Off-street parking and loading space requirements 5-104
Residential dwelling permitted in 5-106
Commission
Planning and zoning commission 29-16 et seq.
Planning and zoning commission. See that title
Conditional use permits
Requirements and procedure 6-106
Conditional uses
Application and scope 3-102.2
District requirements. See herein specific districts
Temporary uses permitted as conditional uses in any district 5-107
CR Commercial recreation district
Accessory uses 4-123.3
Bulk regulations 4-123.6
Conditional uses 4-123.4
Descriptions 4-123.1
Parking requirements 4-123.7
Principal permitted uses 4-123.2
Purpose 4-123.1
Signs 4-123.8
Temporary uses 4-123.5
Uses
Accessory 4-123.3
Conditional 4-123.4
Principal permitted 4-123.2
Temporary 4-123.5
Definitions Art. XI
Districts
Application of regulations 1-103, 4-101
District regulations 4-101 et seq.
Establishment, designation 1-101
Temporary uses permitted as conditional uses in any district 5-107
Exemptions from provisions 3-103.7, 3-103.8
Fees
Amount 10-102
Exemptions 10-104
Payment 10-103
Required 10-101
Fences, walls and hedges 3-105.3
Flood hazards
Special flood hazard overlay districts 4-111.2
General provisions 3-101 et seq.
Construction 3-101
Provisions. See within this title that subject
Supp. No. 19 3129
DUBUQUE CODE
ZONING (Appendix A)—Cont'd. Section
General statement of intent. See herein specific districts
Height limits
Structures permitted above 3-103.9
H -I Heavy industrial district
Requirements 4-120
Historic districts 191/2-6 et seq.
Historical preservation. See that title
Home occupations
Accessory uses 5-101.3
ID Institutional district
Requirements 4-118
Intent. See herein specific districts
L -I Light industrial district
Requirements 4-119
Licenses
Construed 3-102.5
Liquor and beer premises locations 5-27
Lot size requirements 3-103.4
Lots
All lots to front on a public or approved private street 3-106
Reduction of required lots and yards prohibited 1-103.4
Visibility on residential corner lots
Maintenance of required 5-102.2
Yards and open spaces. See within this title that subject
Map
Official zoning map 1-102
Minimum requirements 3-102.1
Nonconformitites
Amortization provisions 2-109
Expansion provisions 2-108
General statement of intent 2-101
Limitation on repairs and maintenance 2-106
Nonconforming lots of record 2-102
Nonconforming structures 2-104
Nonconforming uses of land, etc. 2-103
Nonconforming uses of structures, etc. 2-105
Uses under conditional use permit provisions not nonconforming 2-107
Nonresidential districts
Limitations 3-104.2
Occupancy permits 7-103
Official zoning map 1-102
Off-street parking and loading
Applicability and scope 3-103.6
Application of district regulations 1-103.3
Commercial and industrial district requirements 5-104
Continuing obligation of property owner to maintain 3-105.4
Supp. No. 19
3130
CODE INDEX
ZONING (Appendix A)—Cont'd. Section
Off-street parking and storage of vehicles in residential
districts
Special regulations governing 5-101.4
Open spaces. See hereinbelow: Yards and Open Spaces
OR -1 Office -residential district regulations
Enumerated 4-109
Ordinances saved from repeal, other provisions not
included herein. See the preliminary pages and the
adopting ordinance of this code
PI -Planned industrial district regulations
Enumerated 4-121
Parking
Off-street parking and loading. See hereinabove that
subject
Permits
Conditional use permits. See hereinabove that subject
Planned unit development district regulations 4-110
Principal permitted uses. See also herein specific districts
Application and scope 3-103.1
Private agreements 3-102.3
Provisions
Adopting and repeal of 12-101 et seq.
Amendments and zoning reclassification 8-101 et seq.
Application and scope of regulations 3-103
Cumulative 3-102.6
Effective date of ordinance provisions 12-101
Exemptions from regulations 3-107.7
Minimum requirements 3-102.1
Overlapping or contradictory regulations 3-102.2
Repeal of conflicting ordinances 12-102
Rules governing interpretation 3-102
Separability 3-102.7
Violations and penalties 9-101 et seq.
Words and phrases construed 3-101
Public or approved private street
All lots and buildings to front on 3-106
R-1—Residential district regulations
Enumerated 4-104
R-2—Residential district regulations
Enumerated 4-105
R-3—Residential district regulations
Enumerated 4-106
R-4—Residential district regulations
Enumerated 4-107
R-5—Residential district regulations
Enumerated 4-108
Supp. No. 19
3131
DUBUQUE CODE
ZONING (Appendix A)—Cont'd. Section
Recreation
CR Commercial recreation district 4-123 et seq.
See herein: CR Commercial recreation district
Residential districts
General statement of intent for 4-103
Residential dwellings
Permitted in commercial districts 5-106
Residential or office residential districts
Limitations 3-104.1
Site plan review provisions 5-103
Sign regulations
Enumerated 5-105
Special planning districts
General provisions 4-111.1
Special flood hazard overlay districts 4-111.2
Structures. See within this title: Buildings
Supplementary district regulations
Accessory use provisions 5-101
General provisions ________________ _______ _________ 5-102
Site plan review provisions 5-103
Swimming pool locations _ 10-38
Theaters
Adult entertainment establishments. See within this
title that subject
Unlawful uses 3-102.4
Use regulations
Conformance of buildings, structures, etc., to _________ 1-103.1
District uses. See herein specific districts
Variances
Procedure and standards governing 6-107
Violations and penalties 9-101 et seq.
Visibility on residential corner lots
Maintenance of required 5-102.2
Yards and open spaces
All required yards to be open, unoccupied space 3-105.1
Application of district regulations 1-103.3
Conformance to bulk yard regulations required —___. 1-103.2
Continuing obligation of property owner to maintain 3-105.4
Fences, walls and hedges 3-105.3
Permitted obstructions in required yards 3-105.2
Reduction of required lots and yards prohibited _____ 1-103.4
Residential districts on developed street fronts
Average front yard setback required in 5-102.1
Restrictions governing allocation and disposition 3-1G5
Zoning administrator 7-102
Schedule of fees, collection of fees, etc. 10-101 et seq.
Supp. No. 19
3132
CODE INDEX
ZONING (Appendix A)—Cont'd. Section
Zoning commission
Planning and zoning commission 2946 et seq.
Planning and zoning commission. See that title
Zoning lot
Limitations on uses on a zoning lot 3-104
Zoning map. See hereinabove: Official Zoning Map
Supp. No. 19
3133
i