Supplement No. 27 - Code of Ordinances - December 2017 7
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STERLING CODIFIERS 17 DEC -14 AM II. 2 t4
3906 Schreiber Way
Coeur d'Alene, ID 838153, t '., i';
(208) 665-7193 i { �L 1 r 'h C
Dt : LIC, , IA
INSTRUCTION SHEET: DUBUQUE, Iowa
Supplement No. 27/December;2017
Includes Ordinances: 37-17 through 42-17
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VOLUME:I
Preface Preface
TABLE OF CONTENTS:
Title 9 (cont.), Miscellaneous Rules Title 9 (cont.), Miscellaneous Rules
TITLE 1:
1-6-1; Chapter 6, Mayor And City Council 1-6-1, Chapter 6, Mayor And City Council
TITLE :
7-6D-1, 13. Any crossbreed of such animals. 7-6D-1, 13. Any crossbreed of such animals
and:following page and;following page
TITLE 9:
9-14-321.735, 9-14-321.735: Residential 9-14-321.735, 9-14-321.735: Residential
and following page and following page
TITLE 11:
Title 11, Rights Of Way Title 11, Rights-Of-Way
and following six pages and following five pages
VOLUME, II _
\__ TABLE OF CONTENTS:
Title 9 (cont.), Miscellaneous Rules Title 9 (cont.), Miscellaneous Rules
TITLE 15:
15-2-10, 15-2-10: Meetings 15-2-10, 15-2-10: Meetings
TITLE 16:
16-8-5-10, B. A gas station may be allowed : 16-8-5-10, B. A gas station may be allowed
and following page and following page
16-8-5-10, Vehicle body shop. A vehicle 16-8-5-10, Vehicle body shop. A vehicle
INDEX:
(____ -M-, Motor Vehicles And..., Residential Parking -M-, Motor Vehicles And..., Residential Parking
-P-, Public Ways AndProperty (cont.) -P-, Public Ways And Property (cont.)
and following page and following page
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PREFACE
This City Code of the City of Dubuque, as supple-
mented, contains ordinances up to and including
ordinance 36-17, passed July 17, 2017. Ordi-
nances of the City adopted after said ordinance
supersede the provisions of this City Code to the
extent that they are in conflict or inconsistent
therewith. Consult the City office in order to
ascertain whether any particular provision of the
Code has been amended, superseded or
repealed.
Sterling Codifiers
Coeur d'Alene, Idaho
August 2017
City of Dubuque
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TITLE 9 (cont) Cable Right-Of-Way Regulations . . 2
Cable Communications 2A
Miscellaneous Rules 10 Open Video Systems 2B
School Buses 11 Cable Television 3
Equipment 12 Cable Franchise Agreement . . . 3A
Size, Weight And Load 13 Community Teleprogramming
Parking 14 Commission (Rep. by
Impoundment Of Vehicles 15 Ord. 5-12, 2-6-2012) 3B
Miscellaneous City Provisions . . . 16 Cable Regulatory Commission
( (Rep. by Ord. 5-12, 2-6-2012) 3C
Rates And General
TITLE 10 Regulations 3D
Cable Services Customer
Public Ways And Property Service Standards 3E
Gas Franchise 4
Streets, Sidewalks And Other Electric Franchises 5
Public Places 1 Interstate Power And Light
Excavations 2 Company 5A
Encroachments On Public Places . 3 Maquoketa Valley Electric
Waste Collection Receptacles . . 3A Cooperative 5B
Newsracks 3B Procedure For Licensing
Projecting Signs 3C Electric Transmission
Other Encroachments 3D Line Companies 6
Sidewalk Cafes 3E
Mailboxes 3F
Parades, Assemblies And TITLE 12
Special Events 4
Parks And Recreation 5 Airport
Administration 5A
Use Regulations 5B Administration And Enforcement . . 1
Specific Parks, Open Spaces General Regulations 2
And Trails 5C Airport Zoning Regulations 3
Railroads 6 Airport Commission 4
Boats, Boating And Waterfront Airport Zoning Commission 5
Structures 7 Airport Zoning Board Of
( Valet Drop Off Parking; Adjustment 6
Permit Requirements 8
TITLE 13
TITLE 11
Public Utilities
Rights-Of-Way
Water Use And Service 1
Nonfranchised Communications Connections 1A
Systems 1 Water Meters 1B
(
August 2017
City of Dubuque
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TITLE 13 (cont.) Historic Preservation (Rep. by
Ord. 52-09, 10-19-2009) 6
Rates 1C Condominium Conversions And
Cross Connection Control 1D Transfers To Multiple
Sewers And Sewage Disposal . . . . 2 Housing Cooperative 7
Discharge Regulations 2A Exterior Storage Containers
Private Disposal Systems; And Storage Trailers 8
Private Haulers 2B Swimming Pools 9
Rates 2C Signs (Rep. by Ord. 52-09,
Industrial Pretreatment 10-19-2009) 10
Program 2D Flood Areas 11
Fats, Oils And Greases Erosion And Sediment Control 12
(FOG) Program 2E Solar Thermal Licenses 13
Gas Main Connections 3 Solar Thermal System Permits
Stormwater Management 4 And Inspections 14 �l
Illicit Connections And Water 15
Discharges To Storm Sewer
System 5
Solid Waste 6 TITLE 15
City Or Private Collection
Service 6A Planning And Zoning
Comprehensive Plan 1
Long Range Planning Advisory
TITLE 14 Commission 2
Building And Development
TITLE 16
Building Codes 1
Building Code And Regulations . 1A Unified Development Code
Residential Code 1B
Energy Conservation Code 1C PART I. GENERAL PROVISIONS
Electrical Code 1D
Fire Code And Regulations 1E Title, Purpose And General
Mechanical Code 1F Provisions 1
Fuel Gas Code 1G Definitions 2
Plumbing Code 1H
Accessibility Code For Readily PART II. LAND USE REGULATIONS
Achievable Changes 11
Property Maintenance Code 1J Land Use General Provisions . . . . 3
Building Construction, Demoli- Nonconformities 4
tion And Moving 2 Zoning Districts 5
Dangerous Buildings 3 Overlay Districts 6
Licensing Of Vacant And/Or Supplemental Use Regulations 7
Abandoned Buildings 4 Zoning Board Of Adjustment
Historic Buildings 5 Applications And Procedures . . . . 8
August 2017
City of Dubuque
1-6-1 1-6-3
CHAPTER 6
MAYOR AND CITY COUNCIL
SECTION:
1-6-1: Composition; Terms
1-6-2: Compensation
1-6-3: Mayor Pro Tern
1-6-4: Emergency Succession For Mayor And Council Members
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1-6-1: COMPOSITION; TERMS: The city council consists of a
mayor and two (2) council members elected at large, and one
council member elected from each of the four (4) wards. The mayor and
other council members serve four (4) year staggered terms. The mayor is a
member of the city council and may vote on all matters before the council. !`
(2007 Code § 2-20)
1-6-2: COMPENSATION: Effective January 1, 2014, the compensa-
tion for the mayor shall be thirteen thousand dollars
($13,000.00) per annum, and the compensation for the city council
members shall be nine thousand seven hundred dollars ($9,700.00) per
annum. (Ord. 30-13, 6-17-2013, eff. 1-1-2014)
1-6-3: MAYOR PRO TEM:
A. Term Of Mayor Pro Tem: The term of mayor pro tem shall be eight
(8) months.
B. Designation Of Mayor Pro Tern: Council members shall serve as
mayor pro tern in the following order: 1) at large council member
elected to two (2) year term; 2) ward two council member; 3) ward
four council member. Thereafter, council members shall serve as
mayor pro tern in the following order:
1. At large council member with two (2) years of term remaining;
November 2013
City of Dubuque
1-6-3 1-6-4
2. Ward one council member;
3. Ward three council member;
4. At large council member with two (2) years of term remaining;
5. Ward two council member;
6. Ward four council member.
C. Vacancy: In the event of a vacancy in the office of a council member
while such council member is serving as mayor pro tern, the person
appointed or elected to fill such vacancy shall serve the remainder of
the term of mayor pro tern. (2007 Code § 2-81)
1-6-4: EMERGENCY SUCCESSION FOR MAYOR AND COUNCIL
MEMBERS:
A. Order Of Succession: When the mayor and the mayor pro tern are
absent or unable to act, the council members in the following order
of succession shall perform the mayor's duties, except that a
succeeding council member may not appoint, employ or discharge
officers or employees without the approval of the city council:
1. Council member at large who has served the longer consecutive
term in office; then council member at large who has served the
shorter consecutive term in office; in the event their terms are the
same, then in alphabetical order.
2. Ward council member who has served the longest consecutive
term in office; then ward council member who has served the next
longest consecutive term in office, and so on; in the event that the
consecutive terms of council members in such order are the same,
then in alphabetical order.
B. Official Actions Legal And Binding: Official actions of a succeeding
council member when the mayor and mayor pro tern are absent or
unable to act are legal and binding to the same extent as if done by
the mayor or mayor pro tem. A succeeding council member retains
all the council member's powers as a member of the city council.
(Ord. 67-05, 12-5-2005)
November 2013
City of Dubuque
7-6D-1 7-6D-4
13. Any crossbreed of such animals which
have similar characteristics of the animals
specified above. (Ord. 28-17, 6-5-2017)
7-6D-2: DOGS, CATS EXEMPTED: The provisions of this article shall
not apply to domestic dogs or cats. (Ord. 76-08, 11-3-2008)
(' 7-6D-3: KEEPING OF DANGEROUS ANIMALS RESTRICTED: No
person shall keep, shelter, or harbor for any purpose within ;+
the City a dangerous animal except as provided in sections 7-6D-4, 7-6D-5,
and 7-6D-7 of this article. (Ord. 76-08, 11-3-2008)
7-6D-4: EXCEPTIONS TO KEEPING AND LICENSING RESTRIC-
TIONS: The prohibition contained in section 7-6D-3 of this
article and the licensing provisions of section 7-6D-5 of this article shall not
apply to the keeping of dangerous animals in the following circumstances:
A. The keeping of dangerous animals in a public zoo, bona fide educa-
tional
or medical institution, humane society, or museum where they
are kept as live specimens for the public to view, or for the purpose
of instruction, research or study.
B. The keeping of dangerous animals for exhibition to the public by a
bona fide traveling circus, carnival, exhibit or show licensed to
perform in the City.
C. The keeping of dangerous animals in a bona fide, licensed veterinary
hospital for treatment.
D. The keeping of dangerous animals by a wildlife rescue organization,
with appropriate permit from the Iowa Conservation Commission or
the Iowa Department of Natural Resources.
E. Any dangerous animals under the jurisdiction of and in the posses-
sion of the Iowa Conservation Commission, pursuant to chapter 109
or 109A of the Iowa Code.
F. A bona fide commercial pet shop licensed and inspected by the Iowa
Department of Agriculture. Any such pet shop shall post in a con-
spicuous place, the following notice:
August 2017
City of Dubuque
7-6D-4 7-6D-4
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NOTICE
Section 7-6D-3 of the City of Dubuque Code of Ordi-
nances prohibits the keeping, sheltering or harboring
for any purpose within the City of Dubuque, any dan-
gerous animal, as defined in Section 7-6D-1. Danger-
ous
animal includes, but is not limited to, the following:
1. Lions, tigers, jaguars, leopards, cougars, lynx
and bobcats;
2. Wolves, coyotes and foxes;
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3. Badgers, wolverines, weasels, skunks and mink;
4. Raccoons;
5. Bears;
6. All apes, baboons, macaques, monkeys and
chimpanzees;
7. Alligators and crocodiles;
8. Scorpions;
9. Snakes that are:
a. Any member of the family atractaspidae,
including but not limited to mole vipers and burrow-
ing
asps.
b. Any member of the family elapidae, voperidae,
crotalidae, atractaspidae, or hydrophidae which are
venomous, including but not limited to cobras,
mambas, coral snakes, kraits, adders, vipers, rattle-
snakes, copperheads, pit vipers, keelbacks, cotton-
mouths, and sea snakes.
c. Any member of the superfamily henophidia,
which are limited to reticulated pythons, anacondas,
and African rock pythons.
10. Reptiles that are venomous;
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7-6D-4 7-6D-6
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11. Gila monsters;
12. Opossums; and
13. Any crossbreed of such animals which have
similar characteristics of the animals specified
above.
(Ord. 28-17, 6-5-2017)
7-6D-5: REGULATIONS FOR KEEPING:
A. Keeping Animal Confined: Any person keeping, sheltering or harbor-
ing a dangerous animal shall at all times keep such animal securely Ij
confined within a cage or other enclosure approved by the Health
Services Officer.
B. Prohibited From Public Property: No person keeping, sheltering or
harboring a dangerous animal shall permit or allow such animal to
enter upon or traverse any public property, park property, public
right-of-way, or any business establishment licensed by the City, or
the property of another except when such animal is being trans-
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ported while caged or confined.
C. Report Animal Missing: It shall be the duty of the animal keeper,
shelterer or harborer to report to the City Manager/Police Depart-
ment when a dangerous animal is found missing.
Keeping Animals Which Attack Or Bite Prohibited: No person shall
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keep, shelter or harbor a dangerous animal which has demonstrated
without provocation to attack or bite. (Ord. 76-08, 11-3-2008)
7-6D-6: GENERAL PROHIBITION AND DUTY: No person shall aid
or cause any dangerous animal, whether owned by such per-
son or not, to escape confinement or impoundment, whether such confine-
ment or impoundment be upon such person's property or that of another by
opening any gate, door or window or making any opening of any fence,
enclosure or structure or by unleashing such animal. (Ord. 76-08,
11-3-2008)
August 2017
City of Dubuque
7-6D-7 7-6D-7
7-6D-7: SEIZURE, IMPOUNDMENT AND DISPOSITION OF DAN-
GEROUS ANIMALS:
A. Authority To Destroy: In the event that a dangerous animal is found
at large upon public property, park property, public right(s)-of-way, or
the property of someone other than its keeper, harborer or shelterer
thereby creating a hazard to person or property, such animal may, in
the discretion of the City Manager, be destroyed if it cannot be
confined or captured. The City shall be under no duty to attempt the
confinement or capture of dangerous animal found at large, nor shall
it have a duty to notify the keeper, harborer, or shelterer of such
animal prior to its destruction.
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B. Procedure Upon Complaint; Order Removal Of Animal: Upon the
complaint of any individual that a person is keeping, sheltering, or
harboring a dangerous animal on premises in the City in violation of
sections 7-6D-3, 7-6D-5 and 7-6D-6 of this article or that a person is `{
keeping, sheltering or harboring a dangerous animal which has
demonstrated a propensity to attack or bite without provocation, the
City Manager shall order the person named in the complaint to safely
remove such animal from the City, permanently place the animal with
an organization or group allowed under section 7-6D-4 of this article
to possess dangerous animals, or destroy the animal, within three
(3) days of the receipt of such order. Such order shall be contained
in a notice to remove the dangerous animal, which notice shall be in
writing and delivered personally or by certified mail to the person
keeping, sheltering or harboring the dangerous animal. Such order
and notice to remove the dangerous animal shall not be required
where the Health Services Officer determines that such dangerous
animal has previously caused serious physical harm or death to any
person in which case the Health Services Officer shall cause the
animal to be immediately seized and impounded or killed if seizure
and impoundment are not possible without risk of serious physical
harm or death to any person.
C. Appeal; Notice; Hearing: The order to remove a dangerous animal
issued by the City Manager may be appealed to the City Council. To
appeal such order, written notice of appeal stating the grounds for
the appeal must be filed with the City Clerk within three (3) days
after receipt of the order and notice to remove the dangerous animal.
Failure to file such written notice of appeal shall constitute a waiver
of the right to appeal the order of the Health Services Officer.
August 2017
City of Dubuque
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9-14-321.735 9-14-321.736
9-14-321.735: RESIDENTIAL PARKING PERMIT DISTRICT C:
A. The following described area constitutes a residential parking permit
district designated as residential parking permit district C:
Clarke Drive from the east property line of 1687 Clarke Drive
to St. Ambrose Street.
Hoyt Street.
North Grandview Avenue, west side, from Rosedale Street to
the north property line of 2165 North Grandview Avenue, east
side, from Clarke Drive to the north property line of 2280
North Grandview Avenue.
Sunnyview Drive, from North Grandview Avenue to St.
Ambrose Street.
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Ungs Street, south side.
B. No vehicles shall park curbside in residential parking permit district
C during the hours of seven thirty o'clock (7:30) A.M. to ten o'clock
(10:00) P.M. daily, except Sundays and holidays, without displaying
a valid parking permit issued by the city. (Ord. 44-08, 6-16-2008)
9-14-321.736: RESIDENTIAL PARKING PERMIT DISTRICT D:
A. The following described area constitutes a residential parking permit
district designated as residential parking permit district D:
Alicia Street, from Pennsylvania Avenue to Andrea Street.
Amy Court, from Marjorie Circle to the northerly end.
Lucy Drive, from Pennsylvania Avenue to Welu Drive.
Marjorie Circle, between Pennsylvania Avenue and Amy
Court.
Marjorie Circle, from Amy Court to Andrea Street.
B. No vehicles shall park curbside in residential parking permit district
D during the hours of seven o'clock (7:00) A.M. and three o'clock
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9-14-321.736 9 14-321.738
(3:00) P.M. daily, on school days, without displaying a valid parking
permit issued by the city. (Ord. 36-14, 6-2-2014)
9-14-321.737: RESIDENTIAL PARKING PERMIT DISTRICT E:
A. The following described area constitutes a residential parking permit
district designated as residential parking permit district E:
Algona Street, both sides, from North Grandview Avenue to
Green Street. �
Avoca Street, both sides, from Rosedale Avenue to Green
Street.
Grandview Avenue, North, south side, from Avoca Street to
Auburn Street.
Rosedale Avenue, north side, from Avoca Street to the west
property line of 2095 Rosedale Avenue.
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Rosedale Avenue, south side, from Avoca Street to the alley
west of Avoca Street.
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B. No vehicles shall park curbside in residential parking permit district E
during the hours of seven o'clock (7:00) A.M. to two thirty o'clock
(2:30) P.M. daily, except Saturdays, Sundays, and holidays without
displaying a valid parking permit issued by the city. (Ord. 44-08,
6-16-2008)
9-14-321.738: RESIDENTIAL PARKING PERMIT DISTRICT F:
A. The following described area constitutes a residential parking permit
district designated as residential parking permit F:
Rosemont Street, from Pennsylvania Avenue to Creston
Court.
B. No vehicles shall park curbside in residential parking permit district F
during the hours of seven o'clock (7:00) A.M. to three o'clock (3:00)
P.M., except Saturdays, Sundays, and holidays, without displaying a
valid parking permit issued by the city. (Ord. 44-08, 6-16-2008)
July 2014
City of Dubuque
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9-14-321.739 9-14-321.741
9-14-321.739: RESIDENTIAL PARKING PERMIT DISTRICT G:
A. The following described area constitutes a residential parking permit
district designated as residential parking permit G:
Cornell Street.
Pickett Street.
West 15th Street from Cornell Street to Fairview Street.
West 16th Street from Catherine Street to Fairview Place.
B. No vehicles shall park curbside in residential parking permit district
G during the hours of six o'clock (6:00) A.M. to twelve o'clock
(12:00) midnight, except Sundays and holidays, without displaying a
valid parking permit issued by the city. (Ord. 44-08, 6-16-2008)
9-14-321.740: RESIDENTIAL PARKING PERMIT DISTRICT H:
A. The following described area constitutes a residential parking permit
district designated as residential parking permit district H:
Hansel Drive, between Keystone Drive and Keymont Drive.
Keymont Drive from Key Way Drive to its westerly terminus.
Vizaleea Drive from Pennsylvania Avenue to Keystone Drive.
B. No vehicles shall park curbside in residential parking permit district
H during the hours of seven o'clock (7:00) A.M. to three o'clock
(3:00) P.M., except Saturdays, Sundays, and holidays, without dis-
playing a valid parking permit issued by the city. (Ord. 42-16,
9-6-2016)
9-14-321.741: HOME HEALTHCARE PROVIDERS: The city manager may
issue, without charge, to a business providing home health-
care a special parking permit that allows an employee of such business to
park in a residential parking permit district. Such permit shall only be valid
while a home healthcare employee is at a residence within the district and
is actually engaged in providing care to a resident of the district. The permit
shall not be available to a self-employed home healthcare provider. The
November 2016
City of Dubuque
9-14-321.741 9-14-321.741
permit may be revoked by the city manager for failure to comply with the
requirements of this section. (Ord. 44-08, 6-16-2008)
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November 2016
City of Dubuque
TITLE 11
( RIGHTS OF WAY
Subject Chapter
Nonfranchised Communications Systems 1
Cable Right Of Way Regulations 2
Cable Communications 2A
Open Video Systems 2B
Cable Television 3
Cable Franchise Agreement 3A
Community Teleprogramming Commission
(Rep. by Ord. 5-12, 2-6-2012) 3B
Cable Regulatory Commission (Rep. by
Ord. 5-12, 2-6-2012) 3C
Rates And General Regulations 3D
Cable Services Customer Service Standards 3E
Gas Franchise 4
Electric Franchises 5
Interstate Power And Light Company 5A
Maquoketa Valley Electric Cooperative 5B
Procedure For Licensing Electric
Transmission Line Companies 6
June 2015
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11-1-1 11-1-1
CHAPTER 1
NONFRANCHISED COMMUNICATIONS SYSTEMS
SECTION:
11-1- 1: Definitions
11-1- 2: License Required
11-1- 3: Application For License
11-1- 4: Granting Of License
11-1- 5: Amendment To License
11-1- 6: Regulations
11-1- 7: Relocation Or Removal When Required By Public Needs
11-1- 8: License Fees !I
11-1- 9: Reimbursement For City Cost Associated With Construction
Activities
11-1-10: Hold Harmless; Insurance; Bond
11-1-11: Failure To Secure, Renew Or Comply With License
11-1-12: Transfers And Assignments
11-1-13: Use Of Poles
11-1-14: Undergrounding
11-1-15: Notice; Appeal
11-1-16: Construction Of Chapter
11-1-17: Police Regulations
11-1-1: DEFINITIONS: Unless otherwise expressly stated or the
context clearly indicates a different intention, the following
terms shall, for the purpose of this chapter, have the meanings in this
section:
CABLE SYSTEM: This term is as defined by the cable communi-
cations policy act of 1984, 47 USC 522(6).
COMMUNICATIONS Any telephone or telegraph system or any other
SYSTEM: system of cables, wires or conduits, and any
related equipment, facilities, manholes or
overhead poles, operated and maintained for
communications purposes.
City of Dubuque
11-1-1 11-1-2
CUSTOMER: Any person who purchases any services pro-
vided by a communications systems.
LICENSEE: The person who is issued a license in accor-
dance with the provisions of this chapter.
LOCAL EXCHANGE An area, as established under regulations of the
AREA: state of Iowa, in which intra-area communica-
tions service is provided by a carrier subject to
regulation by the state of Iowa.
LOCAL EXCHANGE The operator of a local exchange system in a
CARRIER: local exchange area.
LOCAL EXCHANGE A communications system furnishing communi-
SYSTEM: cations services between stations all located II
within a local exchange area.
LONG DISTANCE The operator of a long distance system.
CARRIER:
LONG DISTANCE A communications system furnishing communi-
SYSTEM: cations services between stations located in
different local exchange areas.
PUBLIC RIGHT OF Any public street, highway, avenue, alley,
WAY: bridge or sidewalk within the city; skywalk
bridges and skywalk corridors are not included
within this definition.
WIRE: Any metallic or nonmetallic wire, or cable used
to conduct power or signals, and any load
supporting cable or strand. (2007 Code
§ 31-111)
11-1-2: LICENSE REQUIRED:
A. Requirement: No person shall install, construct, reconstruct, repair or
operate a communications system upon, under, over or within any
public right of way in the city unless and until a written license is
obtained pursuant to this chapter. All such licenses shall be non-
exclusive.
City of Dubuque
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11-1-2
11-1-5
B. Exemption: Communications systems franchised by the city or used
for a purpose accessory and subordinate to the conduct of a utility or
cable system franchised by the city shall be exempt from the require-
ment of a license. (2007 Code § 31-112)
11-1-3: APPLICATION FOR LICENSE: The application for a license
shall be on a form provided by the city manager and shall
include the following information:
A. The name, address and telephone number of the applicant.
B. The name, address and telephone number of a responsible person
whom the city may notify or contact at any time concerning the
communications system.
C. An engineering site plan showing the proposed location of the
communications system, including any manholes or overhead poles,
the size, type and proposed depth of any conduit or other
enclosures, and the relationship of the communications system to all
existing streets, sidewalks, poles, utilities and other improvements
within the public right of way.
D. Any additional information which the city manager may reasonably
require. (2007 Code § 31-113)
11-1-4: GRANTING OF LICENSE: All licenses required by this
chapter shall be granted by the city manager. The city
manager shall review each application and shall grant each license which
the city manager determines to be in compliance with the requirements of
this chapter and any other applicable legal requirements. In granting a
license, the city manager may require that the applicant change the
proposed location of the communications system where necessary to avoid
interference with other cables, wires, conduits, pipes, sewers or other
facilities placed within the public right of way. The duration of the license
shall be for a period of fifteen (15) years from the date of the issuance of
the license. (2007 Code § 31-114)
11-1-5: AMENDMENT TO LICENSE: In the event that a licensee
with a current license proposes to expand, reduce, relocate or
modify any portion of its communications system within public rights of way,
the licensee shall file an application for an amendment to its current license
City of Dubuque
11-1-5 11-1-6
with the city manager. An application for an amendment to a current license
shall include relevant new information of the type required in connection
with the initial application for a license, and it shall be considered and
granted by the city manager in the same manner as an original license
application. (2007 Code § 31-115)
11-1-6: REGULATIONS:
A. Fee And Application: No license required under this chapter, or
amendment to such license, shall be granted for any communica-
tions system until the required fees have been paid, and until a
complete application has been filed with and approved by the city
manager.
B. Installation Of System Pursuant To License: The communications
system shall be installed or constructed in accordance with the terms
of the license granted by the city manager.
C. As Built Survey Specifying Location Of System: Once the system is
in place, the licensee shall file with the city manager an as built
survey specifying the actual location of the system, including any
manholes or overhead poles, and the licensee shall provide such
signs or other economically feasible means of locating the system as j
may be reasonably required by the city manager, including, in the
case of underground systems, a requirement that the licensee
contract with a one call locating service or similar locating service for
inclusion of the system by the service.
D. Excavation Permit: If it becomes necessary to dig into, excavate in
or in any manner break up any public right of way in connection with
the installation, construction, reconstruction, repair, operation,
disconnection or removal of the system, the licensee shall first obtain
a permit from the city to do so.
E. Technical Standards: All technical standards governing installation,
construction, reconstruction, repair, operation, disconnection and
removal of a communications system licensed hereunder shall be in
accordance with all applicable federal communications commission
rules and other federal, state and city laws and regulations.
F. System Maintained In Good Condition And Repair: The licensee
shall maintain all parts of the system in good condition, order and
repair.
City of Dubuque
11-1-6 11-1-7
1 i
G. Responsibilities To Franchised Utilities Or Systems: The licensee
shall be responsible for repairing or reimbursing other licensed or
franchised utilities or communications systems for any damage to
their property caused by the negligence of the licensee, or its
agents, employees or contractors, in connection with the installation,
construction, reconstruction, repair, operation, disconnection or
removal of the licensee's communications system.
H. Location Restriction, Public Use Space: No license required under
this chapter shall be granted to authorize placement of a
communications system in any space which is required for public
use.
Failure To Comply: Failure by the licensee to comply with any of the
requirements of the license or this chapter shall constitute grounds
for termination of the license by the city. (2007 Code § 31-116)
11-1-7: RELOCATION OR REMOVAL WHEN REQUIRED BY
PUBLIC NEEDS:
A. Public Improvements: The licensee shall, upon ninety (90) days'
notice from the city and at no cost to the city, protect, support, or
temporarily or permanently disconnect, relocate within the same or
other public right of way, or remove any or all of its communications
system when required to do so by the city because of street or other
public excavation, construction, repair, grading or regrading; traffic
conditions; installation of sewers, drains, water pipes, or city owned
power or signal lines; vacation or relocation of public rights of way;
installation or construction of any other type of structure by the city
or any other public agency; or any other type of improvement which
promotes the public health, safety or welfare.
B. Emergency Situation: If, at any time, in case of fire or disaster in the
city, it shall become necessary in the reasonable judgment of the city
manager to cut or secure any of the wires, cables, amplifiers,
appliances, or appurtenances thereto of the licensee, such cutting or
removing may be done and any repairs rendered necessary thereby
shall be made by the licensee, at its sole expense.
C. Moving Of Buildings: The licensee shall, at the request of any person
holding a building moving permit, temporarily remove, raise, or lower
its wires to permit the moving of said building, provided the licensee
has been given not less than ten (10) working days' notice of such
move. The reasonable cost of such temporary removal, raising, or
City of Dubuque
1 1-1-7 1 1-1-8
lowering of wires shall be paid by the person requesting the same,
and the licensee shall have the authority to require such payment in
advance. (2007 Code § 31-117)
11-1-8: LICENSE FEES:
A. Fees Established; Computation: It shall be a term and condition of
any license issued pursuant to this chapter that, as part of the
consideration supporting the issuance of such license and the city's
permission thereby to occupy and use the public rights of way of the ("
city, the licensee shall pay to the city fees computed as follows:
1. An administrative fee as established by the city manager shall be
due and payable at the time of filing of the initial license application
and at the time of filing of each proposed amendment to the license. Ii
2. If the licensed communications system serves no customers other
than the licensee itself, then, in addition to the above mentioned
administrative fee, the licensee shall pay a use fee to the city
manager at the time of filing of the initial license application. The
amount of the use fee shall be as established by the city manager.
3. If the licensed communications system serves customers other a f
than the licensee itself, then, in addition to the above mentioned
administrative fee, the licensee shall pay an annual use fee to the
city manager. The annual use fee shall be based on a license year
ending on March 31 of each year, and the use fee for each license
year shall be due and payable at the end of such year on March 31
or, if the license has terminated during such year, on the date of
termination. The amount of the annual use fee shall be as
established by the city manager or five percent (5%) of the gross
revenues derived by the licensee from the sale or exchange of
communications services in connection with the operation of the
licensee's communications system within the public rights of way
during the license year, whichever is greater. Each annual use fee
payment shall be accompanied by a report from the licensee in a r
form approved by the city manager and the city attorney showing the
basis for the computation of the fee and such other relevant data as
may be required by the city manager and the city attorney. Each
such report shall contain a notarized verification by the chief
financial officer of the licensee, and upon request by the city, such
reports shall be verified by a certified public accountant at the
expense of the licensee.
City of Dubuque
11-1-8 11-1-9
B. Systems Exempt From Use Fee: The following communications
systems shall be exempt from the use fee requirements:
1. Communications systems franchised by the city or used for a
purpose accessory and subordinate to the conduct of a utility or
cable system franchised by the city.
2. Long distance communications systems.
C. Use Fee Payments Subject To Audit: The acceptance of any use fee
payment by the city shall not be construed as an acknowledgment
that the amount paid is the correct amount due, nor shall such
acceptance of payment be construed as a release of any claim which
the city may have for additional sums due and payable. All use fee
payments shall be subject to audit by the city manager and
assessment or refund if the payment is found to be in error. In the
event that such audit results in an assessment by, and an additional
payment to, the city, such additional payment shall be due and
payable immediately, together with interest at the rate established by
the city manager calculated from the due date for the use fee in
question.
D. Interest On Overdue Use Fees: The licensee shall pay interest at the
rate established by the city manager on any overdue use fee
calculated from the due date for the use fee.
E. Liability For Taxes: Nothing in this chapter shall be construed to limit
the liability of the licensee for all applicable federal, state and local
taxes.
F. City Right To Change Fee Amounts: Nothing in this chapter shall be
construed to prevent the city council from exercising the right of the
city to change the amount of any of the fees required by this section.
(2007 Code § 31-118)
11-1-9: REIMBURSEMENT FOR CITY COST ASSOCIATED WITH
CONSTRUCTION ACTIVITIES: The licensee shall reimburse
the city for expenses incurred by the city in reviewing and monitoring
construction activities of the licensee in public rights of way. (2007 Code
§ 31-119)
City of Dubuque
11-1-10 11-1-10
11-1-10: HOLD HARMLESS; INSURANCE; BOND: It shall be a term
and condition of any license issued pursuant to this chapter
that, as part of the consideration supporting the issuance of such license
and the city's permission thereby to occupy and use the public rights of way
of the city, the licensee shall assume the following obligations:
A. Hold Harmless Agreement: The licensee shall indemnify, protect,
save and hold harmless and defend the city from and against any
and all liability, losses and damages to property, or bodily injury or
death to any person, including payments made under workers'
compensation laws, arising out of or in any way connected with the
installation, construction, reconstruction, repair, operation, dis-
connection or removal of the licensee's licensed communications
system. The licensee shall pay all reasonable expenses incurred by
the city in defending itself with regard to any of the aforementioned
claims, including all out of pocket expenses such as attorney fees
and the value of any services rendered by the city legal department
or any other officers or employees of the city. If any litigation on
account of any such claims shall be commenced against the city,
and upon receipt by the licensee and written notice of such litigation
from the city, the licensee shall defend the same at its own cost and
expense. The record of any judgment rendered against the city on
account of such claims shall be conclusive as against the licensee
and shall entitle the city to recover the full amount thereof with
interest and costs and attorney fees incurred by the city. The right of
action therefor shall accrue to the city as soon as judgment shall
have been rendered. The city shall fully cooperate with the
licensee's defense of any such claim or action.
B. Liability Insurance: Immediately upon issuance of the required
license, the licensee shall purchase such general liability insurance
as is required by the city manager in conformity with such written
standards relative to the amount of insurance coverage and
deductible, the type of insurance policy and the qualifications of the
insurer as shall be promulgated, and as may be amended from time
to time, by the city manager with the approval of the city legal
department. The licensee shall maintain such insurance coverage for
as long as the licensed communications system remains in place
within public rights of way. The city shall be named as an additional
insured on the insurance policy, and the policy shall provide on its
face that it may not be cancelled except after at least thirty (30)
days' written notice to the city. Immediately upon issuance of the
required license, the licensee shall file with the city manager a
certificate of insurance which clearly discloses on its face coverage
in conformity with all of the foregoing requirements, and if requested
City of Dubuque
11-1-10 11-1-11
by the city manager, the licensee shall additionally submit a certified
copy of the policy.
C. Bond:
1. Immediately upon issuance of the required license, the licensee
shall file with the city manager such bond as is required by the city
manager in conformity with such written standards relative to the
amount of the bond and the qualifications of the surety as shall be
promulgated, and as may be amended from time to time, by the city
manager with the approval of the city attorney.
2. The purpose for such bond shall be to protect the city from any
and all damages and costs suffered or incurred by the city from any
failure by the licensee to restore all public rights of way and other
public property affected by the installation, construction, reconstruc-
tion, repair, operation or removal of the licensed communications
system to its proper condition in accordance with city standards.
Such bond shall be maintained by the licensee for as long as the
system remains in place within public rights of way and thereafter
until the licensee shall have satisfied in full any and all obligations to
the city which arise out of the licensed communications system.
(2007 Code § 31-120)
11-1-11: FAILURE TO SECURE, RENEW OR COMPLY WITH
LICENSE:
A. Failure To Obtain License Or Comply With Requirements: Any
person who fails to secure the license required under this chapter or
any licensee who fails to comply with the requirements of the license
or this chapter or with any other applicable legal requirements shall,
upon notification of such violation by the city manager, immediately
act either to abate the violation or to cause the licensee's
communications system either to be removed or to be disconnected
and rendered inoperative.
B. City Right To Remove Or Disconnect: The city reserves the right
either to remove or to disconnect and render inoperative any
communications system used or maintained contrary to the
provisions of this chapter.
C. Removal Of System From Public Property: Upon demand of the city,
upon termination or revocation, the licensee shall promptly, within
one hundred eighty (180) days, remove its system from public
City of Dubuque
11-1-11 11-1-14
property. If the licensee fails to remove all its properties from public
property within the one hundred eighty (180) day removal period, the
city manager may declare all such property of the licensee
abandoned, and all such property shall become the property of the
city, and the licensee further agrees to execute and deliver an
instrument in writing transferring its ownership interest in any such
property to the city. In lieu of declaring the property abandoned, the
city may cause the property to be removed, and such costs of
removal shall be paid by the licensee. (2007 Code § 31-121)
11-1-12: TRANSFERS AND ASSIGNMENTS: The licensee shall not I'
transfer or assign all or any portion of its interest in any
license granted pursuant to this chapter. For purposes of this section, a
merger or corporate reorganization shall not be deemed a transfer or
assignment. (2007 Code § 31-122)
ii
11-1-13: USE OF POLES:
A. In areas where electric utility facilities are aboveground at the time of
installation, the licensee may install its wires and cables and
amplifiers aboveground; provided, that the licensee:
l j
1. Shall negotiate the appropriate pole attachment agreements with
owners of the poles, which shall be subject to review and approval
by the city manager; and
2. Shall place its service underground as hereafter specified.
B. The licensee shall not erect, for any reason, any pole on or along
any street or public right of way of the city, except as may be
reasonably required or necessary to fill small gaps in the existing
aerial utility systems, and then only with the advance written
approval of the city manager. (2007 Code § 31-123)
11-1-14: UNDERGROUNDING: The licensee shall place all its
transmission and distribution lines underground where all or
any portion of the lines of the electric facilities are underground, or where
such may hereafter be placed or required by the city to be placed
underground. (2007 Code § 31-124)
City of Dubuque
1
II
11-1-15 11-1-17
11-1-15: NOTICE; APPEAL:
A. Notice: The city manager shall promptly send by certified mail with
return receipt a written notice advising each licensee or prospective
licensee of any of the following: 1) action by the city manager in
granting or denying an application for a license; or 2) action required
of the licensee by the city and/or notification of failure to secure or
comply with a license pursuant to this chapter.
B. Appeal: An aggrieved licensee or prospective licensee shall have the
right to appeal to the city council by filing a written appeal with the
city manager specifying the reasons therefor, within thirty (30) days
of the city manager's action or notification. (2007 Code § 31-125)
11-1-16: CONSTRUCTION OF CHAPTER: Nothing in this chapter
shall be construed as an acquiescence in, or ratification of,
the occupation of any of the public rights of way or public places of the city
by any person now occupying the same without legal right, nor shall this
chapter be construed as conferring the right to occupy any of the public
rights of way or public places of the city upon any such person now illegally
or without authority occupying the same. (2007 Code § 31-126)
p� I
11-1-17: POLICE REGULATIONS: The provisions of this chapter are
subject to such reasonable regulations and ordinances of a
police nature as the city council may from time to time deem necessary to
adopt, not destructive of the rights which may accrue to any person under
this chapter. (2007 Code § 31-127)
City of Dubuque
1
TITLE 9 (cont.) Cable Right-Of-Way Regulations . . 2
Cable Communications 2A
Miscellaneous Rules 10 Open Video Systems 2B
School Buses 11 Cable Television 3
Equipment 12 Cable Franchise Agreement . . . 3A
Size, Weight And Load 13 Community Teleprogramming
Parking 14 Commission (Rep. by
Impoundment Of Vehicles 15 Ord. 5-12, 2-6-2012) 3B
Miscellaneous City Provisions . . . 16 Cable Regulatory Commission
j (Rep. by Ord. 5-12, 2-6-2012) 3C
Rates And General
TITLE 10 Regulations 3D
Cable Services Customer
Public Ways And Property Service Standards 3E
Gas Franchise 4
Streets, Sidewalks And Other Electric Franchises 5
Public Places 1 Interstate Power And Light
Excavations 2 Company 5A
Encroachments On Public Places . 3 Maquoketa Valley Electric
Waste Collection Receptacles . . 3A Cooperative 5B
Newsracks 3B Procedure For Licensing
Projecting Signs 3C Electric Transmission
Other Encroachments 3D Line Companies 6
Sidewalk Cafes 3E
Mailboxes 3F
Parades, Assemblies And TITLE 12
Special Events 4
Parks And Recreation 5 Airport
Administration 5A
Use Regulations 5B Administration And Enforcement . . 1
Specific Parks, Open Spaces General Regulations 2
And Trails 5C Airport Zoning Regulations 3
Railroads 6 Airport Commission 4
Boats, Boating And Waterfront Airport Zoning Commission 5
Structures 7 Airport Zoning Board Of
Valet Drop Off Parking; Adjustment 6
Permit Requirements 8
TITLE 13
TITLE 11
Public Utilities
Rights-Of-Way
Water Use And Service 1
Nonfranchised Communications Connections 1A
Systems 1 Water Meters 1B
August 2017
City of Dubuque
TITLE 13 (cont.) Historic Preservation (Rep. by
Ord. 52-09, 10-19-2009) 6
Rates 1C Condominium Conversions And
Cross Connection Control 1D Transfers To Multiple
Sewers And Sewage Disposal . . . . 2 Housing Cooperative 7
Discharge Regulations 2A Exterior Storage Containers
Private Disposal Systems; And Storage Trailers 8
Private Haulers 2B Swimming Pools 9
Rates 2C Signs (Rep. by Ord. 52-09,
Industrial Pretreatment 10-19-2009) 10
Program 2D Flood Areas 11
Fats, Oils And Greases Erosion And Sediment Control 12
(FOG) Program 2E Solar Thermal Licenses 13
Gas Main Connections 3 Solar Thermal System Permits
Stormwater Management 4 And Inspections 14
Illicit Connections And Water 15
Discharges To Storm Sewer
System 5
Solid Waste 6 TITLE 15
City Or Private Collection
Service 6A Planning And Zoning
Comprehensive Plan 1
Long Range Planning Advisory
TITLE 14 Commission 2
Building And Development
TITLE 16
Building Codes 1
Building Code And Regulations . 1A Unified Development Code
Residential Code 1B
Energy Conservation Code 1C PART I. GENERAL PROVISIONS
Electrical Code 1D
Fire Code And Regulations 1 E Title, Purpose And General
Mechanical Code 1F Provisions 1
Fuel Gas Code 1G Definitions 2
Plumbing Code 1H
Accessibility Code For Readily PART II. LAND USE REGULATIONS
Achievable Changes 11
Property Maintenance Code 1J Land Use General Provisions . . . . 3
Building Construction, Demoli- Nonconformities 4
tion And Moving 2 Zoning Districts 5
Dangerous Buildings 3 Overlay Districts 6
Licensing Of Vacant And/Or Supplemental Use Regulations 7
Abandoned Buildings 4 Zoning Board Of Adjustment
Historic Buildings 5 Applications And Procedures . . . . 8
August 2017
City of Dubuque
15-2-10 15-2-13
15-2-10: MEETINGS:
A. Meetings: Meetings may be called by the chairperson or at the writ-
ten
request of a majority of the commissioners.
B. Open Meetings: All meetings must be called and held in confor-
mance with the Iowa open meetings law.
C. Attendance:
1. In the event a commissioner has been absent for three (3) or
more consecutive meetings of the commission, without being (i
excused by the chairperson, such absence will be grounds for the
commission to recommend to the city council that the position be
declared vacant and a replacement appointed.
2. Attendance must be entered upon the minutes of all meetings.
D. Minutes: A copy of the minutes of all meetings of the commission
must be filed with the city council within ten (10) working days after
each meeting, or by the next regularly scheduled city council meet-
ing,
whichever is later.
E. Quorum: Four (4) commissioners constitute a quorum for the trans-
action of business. The affirmative vote of a majority of the commis-
sioners present and voting is necessary for the adoption of any
motion or resolution. (Ord. 46-16, 9-19-2016)
15-2-11: COMPENSATION: Commissioners serve without compensa-
tion, provided that they may receive reimbursement for neces-
sary travel and other expenses while on official commission business within
the limits established in the city administrative policies and budget. (Ord.
62-15, 9-21-2015)
15-2-12: REMOVAL: Except as provided in subsection 15-2-10C1 of
this chapter, the city council may remove any commissioner
for good cause. (Ord. 62-15, 9-21-2015)
15-2-13: POWERS: The commission has the following powers, duties,
and responsibilities:
November 2016
City of Dubuque
15-2-13 15-2-13
A. To provide a leadership role in the planning, coordinating, and
sponsoring of a periodic community planning process;
B. To coordinate and supervise the preparation and maintenance of the
comprehensive plan;
C. To provide input to the city manager in the preparation of the city
manager's recommended multiyear capital improvement program;
D. To make comprehensive studies of the present condition and the
future growth of the city to provide input into the community planning p
process and to guide and accomplish a coordinated, consistent, and
harmonious development in accordance with the present and future
needs thereof to the end that the health, safety, morals, order,
convenience, prosperity, and general welfare may be promoted;
E. To make or cause to be made such surveys, studies, maps, plans, or
charts of the city with due regard to its relation to neighboring
territory as may be determined as necessary to carry out the hi
purposes of the commission;
F. To recommend amendments to all or parts of the comprehensive
plan in response to the community planning process, upon its own
initiative or upon recommendation presented by the zoning advisory i
commission, but only after a public hearing;
G. To review proposed urban renewal plans, urban renewal plan
amendments, urban revitalization plans, and urban revitalization plan
amendments for consistency with the comprehensive plan;
H. To undertake public information efforts to enhance public under-
standing
of the community planning process generally and the
comprehensive plan specifically; and
To undertake from time to time other specific long range planning
projects which may be referred to the commission by the city council.
(Ord. 62-15, 9-21-2015)
November 2016
City of Dubuque
16-8-5-10 16-8-5-10
B. A gas station may be allowed in the C-1 district in accordance
with the following conditions:
1. The use shall not include a service station.
Grain or barge terminal. A grain/barge terminal may be allowed in the MHI
district in accordance with the following conditions:
A. A site plan shall be submitted and approved as provided in chap-
ter 12 of this title.
llI
Group home. A group home may be allowed in the R-3, R-4, and OR dis-
tricts in accordance with the following conditions:
A. Not less than six hundred fifty (650) square feet of lot area shall
be provided per resident; and
B. When located within the R-3 and R-4 districts, signs shall not be
permitted.
kl
Hospice. A hospice may be allowed in the R-2, R-2A, R-3, and R-4 districts
in accordance with the following conditions:
A. Signs shall not be permitted.
Housing for the elderly or persons with disabilities. A housing facility for the
elderly or persons with disabilities may be allowed in the R-3 and R-4 dis-
tricts in accordance with the following conditions:
A. The number of units shall be established by the zoning board of
adjustment.
Individual zero lot line dwelling. A single-family dwelling may be allowed to
be built on a lot with a zero setback in the R-3 district in accordance with
the following conditions:
A. The adjoining property owner, on the zero lot line side, consents
to the property line location and provides written evidence of a mini-
mum five foot (5') maintenance easement prior to board review;
B. The overhang of roofs shall not extend across the property line;
and
C. A minimum of six feet (6') shall be maintained between homes
and other structures.
November 2014
City of Dubuque
16-8-5-10 16-8-5-10
i
Indoor restaurant. An indoor restaurant may be allowed in the C-1 district in
accordance with the conditions established by the zoning board of
adjustment.
Keeping of horses or ponies. Horses and ponies may be allowed to be kept
on properties located in the R-1 district in accordance with the following
conditions:
A. They are located on the same lot as an accessory use to a single-
family residential dwelling;
B. A minimum of two (2) acres of property is available for the first
horse or pony;
C. A minimum of one and one-half (11/2) acres of additional property
is available for an additional horse or pony, up to a maximum of two
(2) horses or ponies; and
D. A shelter of at least one hundred fifty (150) square feet and
enclosed on at least three (3) sides shall be provided on the
property.
Kennel. A kennel may be allowed in the AG district in accordance with the
conditions established by the zoning board of adjustment.
Licensed adult day services. A licensed adult day services facility may be
allowed in the R-1, R-2, R-2A, R-3, R-4, OR, OS, OC, C-1, C-2, C-2A, C-3,
C-4, C-5, CS, CR, LI, HI, MHI and RROD districts in accordance with the
following conditions:
A. Such facility shall supply loading and unloading spaces so as not
to obstruct public streets or create traffic or safety hazards;
November 2014
City of Dubuque
1
16-8-5-10 16-8-5-10
B. State certification has been granted or applied for and is awaiting
the outcome of the state's decision; and
C. Signage shall be limited to one nonilluminated, wall mounted sign
not to exceed four (4) square feet in area.
Licensed childcare center. A licensed childcare center may be allowed in
the R-1, R-2, R-2A, R-3, R-4, OR, OS, OC, C-1, C-2, C-2A, C-3, C-4, C-5,
CS, CR, LI, HI, MHI, and RROD districts in accordance with the following
conditions:
A. Such facility shall supply loading and unloading spaces so as not
to obstruct public streets or create traffic or safety hazards;
B. All licenses have been issued or have been applied for and are
awaiting the outcome of the state's decision; and fi
C. When located within the R-1, R-2, R-2A, R-3, R-4, or RROD
districts or in a single-family dwelling located within the C-2, C-2A,
C-3, C-4, or C-5 districts, signage shall be limited to one
nonilluminated, wall mounted sign not to exceed four (4) square feet
in area.
D. When located within the LI, HI, or MHI district:
1. Such use shall not be located within the same structure as
any gas station, bar/tavern, automated gas station or any
facility selling, servicing, repairing, or renting vehicles.
2. The conditional use applicant certifies that the premises on
which the group daycare center will be located complies with,
and will for so long as the group daycare center is so located,
continue to comply with all local, state and federal regulations
governing hazardous substances, hazardous conditions,
hazardous wastes, and hazardous materials.
3. If the applicant is subject to the requirements of section
302 of the superfund amendments and reauthorization act of
1986, as amended, the emergency management director shall
certify whether or not the applicant has submitted a current
inventory of extremely hazardous substances kept or stored
on the premises. If any such extremely hazardous substances
are kept or stored on the premises, the applicant shall also
post in a conspicuous place on the premises a notice
indicating a description of the extremely hazardous
City of Dubuque
16-8-5-10 16-8-5-10
substances, and the physical and health hazards presented
by such substances.
4. Applicant shall submit an evacuation plan for approval by
the city, both written and drawn, that details where the
children will go in the event of a hazardous materials incident.
The plan shall include a "house in place" scenario in which
the children can be kept safely within a room of the building
that has no penetration to the outside (windows, doors, etc.).
5. Applicant shall submit plans for approval by the city that
indicate the installation of a main emergency shutoff switch
for the heating, ventilation, and air conditioning (HVAC)
system to minimize the infiltration risk of airborne hazardous
materials.
Medical office. A medical office may be allowed in the C-1 district in
accordance with the conditions established by the zoning board of
adjustment.
Mortuary, funeral home or crematorium. A mortuary, funeral home or
crematorium may be allowed in the R-1, R-2, R-3, and R-4 districts in
accordance with the conditions established by the zoning board of
adjustment.
Multi-family dwelling thirteen (13) or more units. A multiple-family dwelling
with thirteen (13) or more units may be allowed in the R-4 district in
accordance with the following conditions:
A. The number of units shall be established by the zoning board of
adjustment.
Nursing or convalescent home. A group home may be allowed in the R-3
and R-4 districts in accordance with the following conditions:
A. The number of units shall be established by the zoning board of
adjustment.
Off premises residential garage. An off premises residential garage may be
allowed in the R-2A, R-3, R-4, and OR district in accordance with the
following conditions:
A. Such use shall be incidental and subordinate to a permitted
residential use and located on a lot within three hundred feet (300')
of the residential use it serves;
City of Dubuque
1
16-8-5-10 16-8-6-2
Vehicle body shop. A vehicle repair/body shop may be allowed in the C-4
district in accordance with the conditions established by the zoning board of
adjustment.
Vehicle sales or rental. A vehicle sales or rental facility may be allowed in
the C-4 district in accordance with the conditions established by the zoning
board of adjustment.
Vehicle service or repair. A vehicle service or repair facility may be allowed
in the C-4 district in accordance with the conditions established by the
zoning board of adjustment.
Winery. A winery may be allowed in the AG district in accordance with the
conditions established by the zoning board of adjustment. (Ord. 52-09,
10-19-2009; amd. Ord. 47-14, 7-21-2014; Ord. 35-15, 5-18-2015)
ii
16-8-6: VARIANCE PROCEDURE:
16-8-6-1: APPLICATION:
A. Any person owning property may apply for a variance from the literal
C enforcement of the bulk regulation provisions including parking and
sign requirements of this title 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 from the planning services
department.
B. Review of the application for a variance may be obtained by deliver-
ing the completed application form to the planning services depart-
ment together with payment of the required fee.
C. Prior to its review, the board may require the applicant for a variance
to supply any further information beyond that contained in the appli-
cation where it reasonably considers such information necessary to
make the determination. (Ord. 52-09, 10-19-2009)
16-8-6-2: NOTICE AND MEETING REQUIREMENTS: Following
receipt of a completed application the board shall, with due
diligence, consider such application at a public meeting. Notice of the time
and place of the public hearing shall be published in the newspaper of
general circulation at least seven (7) days and not more than twenty (20)
September 2015
City of Dubuque
16-8-6-2 16-8-6-3
days prior to such hearing. The board shall direct and require verification
that notice of the time and place of the meeting has been sent by first class
mail to all owners of property within two hundred feet (200') of the property
for which the variance is sought. 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. 52-09,
10-19-2009)
16-8-6-3: REQUIREMENTS FOR GRANTING OF VARIANCE:
A. The board shall grant a variance only under exceptional circum-
stances where practical difficulty or unnecessary hardship is so
substantial, serious and compelling that relaxation of the general
restrictions ought to be granted. No variance shall be granted unless
the applicant shall show and the board shall find that:
1. The particular property, because of size, shape, topography or
other physical conditions, suffers singular disadvantage, which
disadvantage does not apply to other properties in the vicinity; and
2. Because of this disadvantage, the owner is unable to make
reasonable use of the affected property; and
3. This disadvantage does not exist because of conditions created
by the owner or previous owners of the property; and
4. Granting the variance requested will not confer on the applicant
any special privilege that is denied to other lands, structures, or
buildings in the same district; and
5. Granting of the variance will not be contrary to the public interest,
will not adversely affect other property in the vicinity, and will be in
harmony with the intent and purpose of the provision waived.
B. In passing a variance, the board shall not consider prospective finan-
cial loss or gain to the applicant.
C. A variance shall not be allowed within the RHOD restricted height
overlay district. (Ord. 52-09, 10-19-2009)
September 2015
City of Dubuque
II
-M- -M-
MOTOR
VEHICLES AND TRAFFIC (cont.)
Residential Parking Permit District C 9-14-321.735
Residential Parking Permit District D 9-14-321.736
Residential Parking Permit District E 9-14-321.737
Residential Parking Permit District F 9-14-321.738
Residential Parking Permit District G 9-14-321.739
Residential Parking Permit District H 9-14-321.740
Residential Parking Permit Program Established 9-14-321.722
Responsibility Of Permit Holder 9-14-321.728
Transfer Of Residential Parking Permit 9-14-321.727
Waiver Of Residential Parking Permit Regulations 9-14-321.730
Withdrawal Of Designation Of Residential Parking
Permit District 9-14-321.731 II
Restrictions During Snow Removal
Declaration Of Emergency 9-14-321.683
Parking Lots . . 9-14-321.684 +I
Parking So As To Interfere With Plowing Or
Removal Prohibited 9-14-321.681
Removal Of Obstructing Vehicles 9-14-321.685
Snow Route, Restricted Parking 9-14-321.682
Pedestrians' Rights And Duties
Duty Of Driver 9-8-321.329
Duty Of Drivers Upon Approaching Blind Persons 9-8-321.333
Right Of Way 9-8-321.327
Solicitation Of Rides 9-8-321.331
Use Of Crosswalks 9-8-321.328
Walking On Highways 9-8-321.326
White Canes Restricted To Blind Persons 9-8-321.332
Powers Of Local Authorities
Posting Required 9-6-321.237
School Zones 9-6-321.249
Registration, Certification Of Title, And Proof Of Security
Against Financial Liability
Display Of Plates 9-2-321.37
Method Of Attaching Plates 9-2-321.38
Registration Card Carried In Vehicle 9-2-321.32
Registration Required 9-2-321.17
School Buses
Prompt Investigation Of Reported Violation Of Failing
To Obey School Bus Warning Devices - Citation
Issued To Driver Or Owner 9-11-321.372A
School Buses Discharging Pupils 9-11-321.372
Size, Weight And Load
Drawbars And Safety Chains 9-13-321.462
I 'I
November 2016
City of Dubuque
-M- -0-
MOTOR VEHICLES AND TRAFFIC (cont.)
Size, Weight, And Load Restrictions
Loading Beyond Front 9-13-321.458
Projecting Loads On Passenger Vehicles 9-13-321.455
Spilling Loads On Streets 9-13-321.458A
Special Antitheft Law
Vandalism 9-3-321.78
Special Stops Required
Certain Vehicles Must Stop At Railroad Crossings 9-9-321.343
Entering Street From Private Roadway 9-9-321.353
Stop Required In Obedience To Signal Of Train 9-9-321.341 j !
Stopping, Standing Or Parking 9-9-321.358
Vehicles For Hire And Public Transportation 4-7
N
NATIONAL ELECTRICAL CODE ADOPTED 14-1D-1
NEWSRACKS (See Also ENCROACHMENTS ON PUBLIC
PLACES) 10-3B
NOISES
City Contracts, Contractors And Subcontractors 6-5-5
Enforcement 6-5-6
Exempt Noises 6-5-3
Prohibited Noises 6-5-1
Residential Air Conditioners 6-5-4
Unlawful Use Of Buildings 6-5-2
Variance Permits 6-5-7
Vehicle Noises 9-16-321.800
NONFRANCHISED COMMUNICATIONS SYSTEMS 11-1
NUISANCES
Abatement Remedies; Penalties 6-4-5
Definitions 6-4-2
Emergency Abatement Procedure . . 6-4-6
Public Nuisance Defined; Public Nuisances Enumerated 6-4-3
Public Nuisances Prohibited; Authority To Abate 6-4-4
Purpose 6-4-1
0
OBSTRUCTING PUBLIC WAYS AND PROPERTY 6-4-31
November 2016
City of Dubuque
-P- -R-
PUBLIC WAYS AND PROPERTY (cont)
Streets, Sidewalks And Other Public Places 10-1
Valet Drop Off Parking; Permit Requirements 10-8
O
R
RABIES CONTROL (See Also ANIMAL CONTROL) 7-6C
RAILROADS
Maintenance Of Crossings, Rights Of Way 10-6-3
Parking Near Certain Streets Prohibited 10-6-5
Speed Restrictions 10-6-1
Unlawful Deposits 10-6-2
Use Of Certain Track As Team Track Restricted 10-6-4
RECKLESS DRIVING 9-7-321.277
RESIDENTIAL CODE
International Residential Code Adopted 14-1B-1
International Residential Code Amendments 14-1B-2
RESIDENTIAL RELOCATION ASSISTANCE PROGRAM (See
Also ECONOMIC DEVELOPMENT) 3-4D
RESIDENTIAL ZONING DISTRICTS 16-5-2 — 16-5-6
RESILIENT COMMUNITY ADVISORY COMMISSION
Commission Created 2-6-1
Compensation 2-6-11
Internal Organization And Rules 2-6-3
Meetings 2-6-10
Membership 2-6-5
Oath 2-6-6
Officers/Organization 2-6-9
Powers 2-6-13
Procedures For Operation 2-6-4
Purpose 2-6-2
Removal 2-6-12
Terms 2-6-7
Vacancies 2-6-8
RESOLUTIONS (See ORDINANCES AND RESOLUTIONS)
REVENUE AND TAXATION
Economic Development
Industrial Projects 3-4A
Residential Relocation Assistance Program 3-4D
Speculative Shell Buildings Of Community
Development Organizations And For Profit Entities 3-4C
Hotel And Motel Tax 3-3
February 2017
City of Dubuque
-R- -R-
REVENUE AND TAXATION (cont)
Property Tax 3-1
Revitalization Areas 3-2
REVITALIZATION AREAS
Cathedral 3-2-9
Jackson Park 3-2-2
Kunkel And Associates 3-2-10
Lange Estate 3-2-11
Langworthy 3-2-7
Old Main 3-2-8
Paragon Square 3-2-12
Purpose 3-2-1
Stout Place 3-2-6
210 Jones Street 3-2-13
Upper Main 3-2-5
Washington Street 3-2-4
West Eleventh Street 3-2-3
RIGHTS OF WAY
Cable Right Of Way Regulations 11-2
Cable Communications 11-2A
Open Video Systems 11-2B
Cable Television 11-3
Cable Franchise Agreement 11-3A
Cable Services Customer Service Standards 11-3E
Rates And General Regulations 11-3D
Electric Franchises 11-5
Interstate Power And Light Company 11-5A
Maquoketa Valley Electric Cooperative 11-5B
Gas Franchise 11-4
Nonfranchised Communications Systems
Amendment To License 11-1-5
Application For License 11-1-3
Construction Of Chapter 11-1-16
Definitions 11-1-1
Failure To Secure, Renew Or Comply With License 11-1-11
Granting Of License 11-1-4
Hold Harmless; Insurance; Bond 11-1-10
License Fees 11-1-8
License Required 11-1-2
Notice; Appeal 11-1-15
Police Regulations 11-1-17
Regulations 11-1-6
Reimbursement For City Cost Associated With
Construction Activities 11-1-9
Relocation Or Removal When Required By Public Needs 11-1-7
Transfers And Assignments 11-1-12
February 2017
City of Dubuque
1
-R- -S-
RIGHTS OF WAY (cont.)
Undergrounding 11-1-14
Use Of Poles 11-1-13
Procedure For Licensing Electric Transmission Line
Companies 11-6
RUNNING AT LARGE, ANIMALS 7-6B-7
S i
SAFETY BELTS AND SAFETY HARNESSES IN VEHICLES . . . . 9-12-321.445
SALARIES (See COMPENSATION AND SALARIES)
SAVING CLAUSE, CITY CODE
Effect Of Repeals 1-2-2
Severability Of Parts Of Code 1-2-1
SEAL, CITY 1-10-4
SECONDHAND DEALERS (See Also PAWNBROKERS AND
SECONDHAND DEALERS; JUNK AND AUTO SALVAGE
DEALERS) 4-6A
SEWERS AND SEWAGE DISPOSAL
Certain Disposal Methods Prohibited 13-2-2
Conformance With City Plumbing Rules And Regulations 13-2-5
Connection To Public Sewer 13-2-3
Connections Prior To Improving Streets 13-2-4
Construction, Maintenance And Operation Costs 13-2-6
Definitions 13-2-1
Destruction Of Sewage Works Property 13-2-8
Discharge Regulations
Authority To Enter Easement Property For Sewage
Works Inspection And Repair 13-2A-10
Authority To Enter Properties For Testing Discharges 13-2A-9
Authority To Regulate Discharge Of Harmful
Substances 13-2A-4
Discharge Of Harmful Substances 13-2A-3
Discharge Of Objectionable Items 13-2A-2
Discharge Of Stormwater And Other Unpolluted
Drainage 13-2A-1
Manholes, Meters And Sampling Equipment 13-2A-7
Responsibilities Of Owners Of Treatment Or Flow
Equalizing Facilities 13-2A-6
November 2016
City of Dubuque
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