Unified Development and Land Use Code 2008City of Dubuque, Iowa UnifiedDevelopmentand Land Use Code 2008
Table of Contents
A1:IG .......................................................................................................................................1
RTICLENENERAL
1-1Title .....................................................................................................................................................1
1-2Purpose ................................................................................................................................................1
1-3Minimum Requirements Interpretation ...............................................................................................1
1.4Relationship to City Code ...................................................................................................................1
1-5Relationship to Comprehensive Plan ...................................................................................................1
1-6Applicability of Prior Regulations .......................................................................................................2
1-7Administration .....................................................................................................................................2
1-8Issuance of Building Permits ...............................................................................................................2
1-9City Planner .........................................................................................................................................2
1-9.1Duties of City Planner ....................................................................................................................2
1-9.2Interpretation by City Planner ........................................................................................................3
1-10Violations and Penalties......................................................................................................................3
1-10.1Complaints Regarding Violations ...................................................................................................3
1-10.2Enforcement Procedure ..................................................................................................................3
1-10.3Orders and Directives.....................................................................................................................3
1-11Repeal of Conflicting Ordinances .......................................................................................................3
1-12Not a Licensing Ordinance ..................................................................................................................4
1-13Private Agreements .............................................................................................................................4
1-14Overlapping or Contradictory Regulations ..........................................................................................4
1-15Code References .................................................................................................................................. 4
1-16Cumulative Provisions ........................................................................................................................4
1-17Severability..........................................................................................................................................4
1-18Effective Date ......................................................................................................................................5
A2:D ......................................................................................................................................6
RTICLEEFINITIONS
2-1Rules ....................................................................................................................................................6
2-2Acronyms ............................................................................................................................................6
2-3Definitions ...........................................................................................................................................7
SECTION II – LAND USE REGULATIONS ................................................................................. 46
A3:GP.....................................................................................................................46
RTICLEENERALROVISIONS
3-1Provisions of Code Declared to be Minimum Standards ................................................................... 46
3-2General Lot Size Requirements and Standards ................................................................................. 46
3-4Reduction in Lot Area Prohibited ......................................................................................................47
3-5Obstructions to Vision at Street Intersections Prohibited .................................................................. 47
3-6Yard Requirements ............................................................................................................................47
3-6Accessory Structures and Uses in Residential and Office Residential Districts ................................ 48
3-6.1Accessory Structures and Uses Permitted .................................................................................... 48
3-6.2Bulk Regulations ...........................................................................................................................49
3-6.3Residential Use Prohibited ...........................................................................................................49
3-7Accessory Structures and Uses in All Other Zoning Districts ........................................................... 50
Dubuque, IA UDCAdopted 00/00/000 i
3-8Site Plan Approval for Certain Accessory Uses Accessory Uses Subject to Site Plan Review ........ 50
3-9Permitted Modifications of Height Restrictions ............................................................................... 51
3-11Fees ...................................................................................................................................................51
3-12Prohibited Uses .................................................................................................................................51
3-13Exemption from Regulation .............................................................................................................51
3-14Off-Street Parking and Loading ........................................................................................................52
3-15Public Buildings and Uses ................................................................................................................ 52
3-16Adjustment of Front Yard Setbacks in R-1, R-2, R-2A, and R-3 Districts ....................................... 52
3-17. Limited Setback Waiver .........................................................................................................................52
3-18Temporary Uses ................................................................................................................................53
3-19Construction Promotion Activity ......................................................................................................53
3-20Fences Located on Residential Lots .................................................................................................54
3-20.1Residential Districts .....................................................................................................................54
3-20.2Fences Located at Schools or in Nonresidential Districts ........................................................... 54
3-20.3Barbed Wire and Electric Fences ................................................................................................54
A4:GSIN ............................................................... 55
RTICLEENERALTATEMENT OFNTENTONCONFORMITIES
4-1Nonconformities Generally ..............................................................................................................55
4-2Nonconformity Created by Change in Law or Boundary ................................................................. 55
4-3Effect on Nonconformities that were Illegal under Prior Law .......................................................... 55
4-4Nonconforming Uses ........................................................................................................................55
4-5Nonconforming Lots.........................................................................................................................57
4-6Nonconforming Structures ...............................................................................................................57
4-7Nonconforming Characteristics of Use .............................................................................................58
A5:ZD ......................................................................................................................... 59
RTICLEONING ISTRICTS
5-1Generally ..........................................................................................................................................59
5-1.1Application of Zoning District Regulations ................................................................................. 59
5-1.2Zoning District Boundaries .........................................................................................................59
5-1.3Official Zoning Map.....................................................................................................................59
5-1.4Zoning Districts Established ........................................................................................................59
5-1.5Annexation Zoning Policy ............................................................................................................60
5-1.6Conformance to Code Required ................................................................................................... 61
5-2R-1 Single-Family Residential .........................................................................................................61
5-2.1Principal Permitted Uses .............................................................................................................61
5-2.2ConditionalUses .........................................................................................................................62
5-2.3Accessory Uses ............................................................................................................................62
5-2.4Temporary Uses ........................................................................................................................... 62
5-2.5Parking ........................................................................................................................................63
5-2.6Signs .............................................................................................................................................63
5-2.7Bulk Regulations ..........................................................................................................................63
5-3R-2 Two-Family Residential ............................................................................................................63
5-3.1Principal Permitted Uses .............................................................................................................63
5-3.2ConditionalUses .........................................................................................................................64
5-3.3Accessory Uses ............................................................................................................................64
5-3.4Temporary Uses ........................................................................................................................... 65
5-3.5Parking ........................................................................................................................................65
5-3.6Signs .............................................................................................................................................65
5-3.7Bulk Regulations ..........................................................................................................................66
5-4R-2A Alternate Two-Family Residential ..........................................................................................66
Dubuque, IA UDCAdopted 00/00/000 ii
5-4.1Principal Permitted Uses ..............................................................................................................66
5-4.2ConditionalUses ..........................................................................................................................67
5-4.3Accessory Uses .............................................................................................................................67
5-4.4Temporary Uses ............................................................................................................................ 68
5-4.5Parking .........................................................................................................................................68
5-4.6Signs .............................................................................................................................................68
5-4.7Bulk Regulations ...........................................................................................................................69
5-5R-3 Moderate Density Multi-Family Residential .............................................................................. 69
5-5.1Principal Permitted Uses ..............................................................................................................69
5-5.2ConditionalUses ..........................................................................................................................70
5-5.3Accessory Uses .............................................................................................................................70
5-5.4Temporary Uses ............................................................................................................................ 71
5-5.5Parking .........................................................................................................................................71
5-5.6Signs .............................................................................................................................................71
5-5.7Bulk Regulations ...........................................................................................................................72
5-6R-4 Multi-Family Residential ............................................................................................................72
5-6.1Principal Permitted Uses ..............................................................................................................72
5-6.2ConditionalUses ..........................................................................................................................73
5-6.3Accessory Uses .............................................................................................................................74
5-6.4Temporary Uses ............................................................................................................................ 74
5-6.5Parking .........................................................................................................................................75
5-6.6Signs .............................................................................................................................................75
5-6.7Bulk Regulations ...........................................................................................................................75
5-7OR Office Residential.......................................................................................................................76
5-7.1Principal Permitted Uses ..............................................................................................................76
5-7.2ConditionalUses ..........................................................................................................................77
5-7.3Accessory Uses .............................................................................................................................77
5-7.4Temporary Uses ............................................................................................................................ 78
5-7.5Parking .........................................................................................................................................78
5-7.6Signs .............................................................................................................................................78
5-7.7Bulk Regulations ...........................................................................................................................79
5-8OS Office Service ..............................................................................................................................79
5-8.1Principal Permitted Uses ..............................................................................................................80
5-8.2ConditionalUses ..........................................................................................................................80
Privateclub..................................................................................................................................................81
Wind energy conversion systems ..................................................................................................................81
5-8.3Accessory Uses .............................................................................................................................81
5-8.4Temporary Uses ............................................................................................................................ 81
5-8.5Parking .........................................................................................................................................81
5-8.6Signs .............................................................................................................................................81
5-8.7Bulk Regulations ...........................................................................................................................82
5-9OC Office Commercial......................................................................................................................82
5-9.1Principal Permitted Uses ..............................................................................................................82
5-9.2ConditionalUses ..........................................................................................................................83
5-9.3Accessory Uses .............................................................................................................................84
5-9.4Temporary Uses ............................................................................................................................ 85
5-9.5Parking .........................................................................................................................................85
5-9.6Signs .............................................................................................................................................85
5-9.7Bulk Regulations ...........................................................................................................................85
5-10C-1 Neighborhood Commercial ........................................................................................................86
5-10.1Principal Permitted Uses ..............................................................................................................86
5-10.2ConditionalUses ..........................................................................................................................87
5-10.3Accessory Uses .............................................................................................................................87
Dubuque, IA UDCAdopted 00/00/000 iii
5-10.4Temporary Uses ........................................................................................................................... 87
.....................................................................................................................................................................88
5-10.5Parking ........................................................................................................................................88
5-10.6Signs .............................................................................................................................................88
5-10.7Bulk Regulations ..........................................................................................................................88
5-10.8Standards for Nonresidential Uses ..............................................................................................88
5-11C-2 Neighborhood Shopping Center ................................................................................................89
5-11.1Principal Permitted Uses .............................................................................................................89
5-11.2ConditionalUses .........................................................................................................................90
5-11.3Accessory Uses ............................................................................................................................91
5-11.4Temporary Uses ........................................................................................................................... 91
5-11.5Parking ........................................................................................................................................91
5-11.6Signs .............................................................................................................................................91
5-11.7Bulk Regulations ..........................................................................................................................91
5-12C-2A Mixed Use Neighborhood .......................................................................................................92
5-12.1Principal Permitted Uses .............................................................................................................92
5-12.2ConditionalUses .........................................................................................................................92
5-12.3Accessory Uses ............................................................................................................................93
5-12.4Temporary Uses ........................................................................................................................... 93
5-12.5Parking ........................................................................................................................................93
5-12.6Signs .............................................................................................................................................93
5-12.7Bulk Regulations ..........................................................................................................................93
5-13C-3 General Commercial ..................................................................................................................93
5-13.1Principal Permitted Uses .............................................................................................................93
5-13.2ConditionalUses .........................................................................................................................96
5-13.3Accessory Uses ............................................................................................................................97
5-13.4Temporary Uses ........................................................................................................................... 97
5-13.5Parking ........................................................................................................................................97
5-13.6Signs .............................................................................................................................................97
5-13.7Bulk Regulations ..........................................................................................................................97
5-14C-4 Downtown Commercial .............................................................................................................98
5-14.1Principal Permitted Uses .............................................................................................................98
5-14.2ConditionalUses ........................................................................................................................100
5-14.3Accessory Uses ...........................................................................................................................101
5-14.4Temporary Uses ..........................................................................................................................101
5-14.5Parking .......................................................................................................................................102
5-14.6Signs ............................................................................................................................................102
5-14.7Bulk Regulations .........................................................................................................................102
5-15C-5 Central Business .......................................................................................................................102
5-15.1Principal Permitted Uses ............................................................................................................102
5-15.2ConditionalUses ........................................................................................................................104
5-15.3Accessory Uses ...........................................................................................................................105
5-15.4Temporary Uses ..........................................................................................................................105
5-15.5Parking .......................................................................................................................................105
5-15.6Signs ............................................................................................................................................105
5-15.7Bulk Regulations .........................................................................................................................105
5-16CS Commercial Service and Wholesale ..........................................................................................105
5-16.1Principal Permitted Uses ............................................................................................................106
5-16.2ConditionalUses ........................................................................................................................107
5-16.3Accessory Uses ...........................................................................................................................108
5-16.4Temporary Uses ..........................................................................................................................108
5-16.5Parking .......................................................................................................................................108
5-16.6Signs ............................................................................................................................................108
Dubuque, IA UDCAdopted 00/00/000 iv
5-16.7Bulk Regulations .........................................................................................................................108
5-17CR Commercial Recreation .............................................................................................................108
5-17.1Principal Permitted Uses ............................................................................................................108
5-17.2ConditionalUses ........................................................................................................................110
5-17.3Accessory Uses ...........................................................................................................................110
5-17.4Temporary Uses .......................................................................................................................... 111
5-17.5Parking .......................................................................................................................................111
5-17.6Signs ...........................................................................................................................................111
5-17.7Bulk Regulations .........................................................................................................................111
5-18LI Light Industrial ...........................................................................................................................111
5-18.1Principal Permitted Uses ............................................................................................................111
5-18.2ConditionalUses ........................................................................................................................114
5-18.3Accessory Uses ...........................................................................................................................114
5-18.4Temporary Uses .......................................................................................................................... 115
5-18.5Parking .......................................................................................................................................115
5-18.6Signs ...........................................................................................................................................115
5-18.7Bulk Regulations .........................................................................................................................115
5-19HI Heavy Industrial .........................................................................................................................115
5-19.1Principal Permitted Uses ............................................................................................................115
5-19.2ConditionalUses ........................................................................................................................118
5-19.3Accessory Uses ...........................................................................................................................119
5-19.4Temporary Uses .......................................................................................................................... 119
5-19.5Parking .......................................................................................................................................119
5-19.6Signs ...........................................................................................................................................119
5-19.7Bulk Regulations .........................................................................................................................119
5-20MHI Modified Heavy Industrial ......................................................................................................119
5-20.1Principal Permitted Uses ............................................................................................................120
5-20.2ConditionalUses ........................................................................................................................122
5-20.3Accessory Uses ...........................................................................................................................123
5-20.4Temporary Uses .......................................................................................................................... 123
5-20.5Parking .......................................................................................................................................123
5-20.6Signs ...........................................................................................................................................123
5-20.7Bulk Regulations .........................................................................................................................123
5-21AG Agriculture ................................................................................................................................123
5-21.1Prohibited Uses ..........................................................................................................................124
5-21.2Principal Permitted Uses ............................................................................................................124
5-21.3ConditionalUses ........................................................................................................................124
5-21.4Accessory Uses ...........................................................................................................................124
5-21.5Temporary Uses .......................................................................................................................... 125
5-21.6Bulk Regulations .........................................................................................................................125
5-21.7Parking .......................................................................................................................................125
5-21.8Signs ...........................................................................................................................................125
5-22ID Institutional ................................................................................................................................125
5-22.1Principal Permitted Uses ............................................................................................................125
5-22.3Accessory Uses ...........................................................................................................................127
5-22.3Procedures for District Establishment, Expansion, and Modification ....................................... 127
5-22.4Prohibition on Commencement of Use by Parties Unassociated with the Principal Institution 131
5-22.5District Standards .......................................................................................................................131
5-22.6Bulk Regulations .........................................................................................................................132
5-23POS Public Open Space ..................................................................................................................132
5-23.1Principal Permitted Uses ............................................................................................................132
5-23.2ConditionalUses ........................................................................................................................132
Dubuque, IA UDCAdopted 00/00/000 v
5-23.3Accessory Uses ...........................................................................................................................132
5-23.4Temporary Uses ..........................................................................................................................132
5-23.5Parking .......................................................................................................................................133
5-23.6Signs ............................................................................................................................................133
5-23.7Bulk Regulations .........................................................................................................................133
5-24PUD Planned Unit Development .....................................................................................................133
5-24.1Purpose .......................................................................................................................................133
5-24.2General Requirements ................................................................................................................134
....................................................................................................................................................................134
5-24.3Development Regulations ...........................................................................................................135
5-24.4Procedure to Establish, Amend, or Expand a PUD ....................................................................136
5-24.5Plan Approval Standards ............................................................................................................137
5-24.6Commission Recommendation ....................................................................................................138
5-24.7CouncilAction ............................................................................................................................138
5-24.8Development to Follow Approved Site Plan ...............................................................................139
A6:OD .....................................................................................................................141
RTICLEVERLAYISTRICTS
6-1RROD Rural Residential Overlay District .......................................................................................141
6-1.1Applicability................................................................................................................................141
6-1.3Reclassification to Original Underlying or Any Other Zoning District ......................................142
........................................................................................................................................................................142
6-2RHOD Restricted Height Overlay District ......................................................................................142
6-2.1Applicability................................................................................................................................142
6-2.2Area Designations and Height Limitations .................................................................................142
........................................................................................................................................................................143
6-3Freeway 61/151 Corridor Signage Overlay District (SOD) .............................................................143
6-3.1Purpose .......................................................................................................................................143
6-3.2SOD Boundary ............................................................................................................................143
6-3.3SOD Sign Regulations ................................................................................................................144
6-4Floodplain Overlay Districts ...........................................................................................................145
6-4.1Purpose .......................................................................................................................................145
6-4.2Lands to Which RegulationsApply .............................................................................................146
6-4.3Establishment of Official Floodplain ZoningMap .....................................................................146
6-4.4Rules for Interpretation of District Boundaries ..........................................................................146
6-4.5Compliance .................................................................................................................................146
6-4.6Abrogation and Greater Restrictions ..........................................................................................146
6-4.7Interpretation ..............................................................................................................................147
6-4.8Warning and Liability Disclaimer ..............................................................................................147
6-4.9Establishment of Floodplain Overlay Districts...........................................................................147
6-4.10Floodway Overlay District (FW) ................................................................................................147
6-4.11Floodway Fringe Overlay District (FF) .....................................................................................149
6-4.12General Floodplain Overlay District (FP) .................................................................................152
6-4.13Floodplain Overlay District Administration ...............................................................................153
6-4.14Zoning Board of Adjustment Action Authorized .........................................................................155
permeable .......................................................................................................................................................161
6-5Airport Overlay District ...................................................................................................................161
A7:SUR .............................................................................................163
RTICLEUPPLEMENTAL SEEGULATIONS
7-1 Home-Based Businesses .................................................................................................................163
7-1.1General Provisions .....................................................................................................................163
7-1.2Permitted Home-Based Business Uses .......................................................................................164
7-1.3Prohibited Home-Based Business Uses ......................................................................................165
7-1.4Home-Based Businesses as Conditional Uses ............................................................................165
Dubuque, IA UDCAdopted 00/00/000 vi
7-2 Towers and Antennas .....................................................................................................................165
7-2.1Definitions ..................................................................................................................................166
7-2.2Applicability...............................................................................................................................167
7-2.3Communication Tower Standards .............................................................................................. 168
7-2.4Antennas .....................................................................................................................................169
7-2.5Conditional Use Permit Application ........................................................................................... 170
7-2.6SecurityFencing .........................................................................................................................171
7-2.7ExteriorFinish ............................................................................................................................171
7-2.8Landscaping ...............................................................................................................................171
7-2.19Lighting .......................................................................................................................................171
7-2.10Maintenance, Repair, and Modification ..................................................................................... 171
7-2.11Support Facilities .......................................................................................................................172
7-2.13Nonconforming Communication Towers and Antennas ............................................................. 172
7-2.14Satellite Dish Antenna Regulations ............................................................................................173
7-3Wind Energy Conversion Systems ..................................................................................................173
7-3.1Purpose .......................................................................................................................................173
7-3.2Definitions ..................................................................................................................................174
7-3.3Residential Wind Energy Conversion System (RWECS) ............................................................. 175
7-3.4Small Wind Energy Conversion Systems (SWECS) .................................................................... 176
7-3.5Commercial Wind Energy Conversion Systems (CWECS) ......................................................... 177
7-3.6Freestanding WECS Bulk Standards .......................................................................................... 179
7-3.7Building-Mountable Wind Turbines (BMWT) ............................................................................ 180
7-3.8Repair; Abandonment; Removal ................................................................................................. 180
7-4Adult Entertainment Establishments (as defined in Chapter 31 of the City Code) ......................... 181
7-4.1Purpose .......................................................................................................................................182
7-4.2Siting Requirements ....................................................................................................................182
A8:ZBAAP ......................................... 184
RTICLEONING OARD OF DJUSTMENT PPLICATIONS AND ROCEDURES
8-1Zoning Board of Adjustment ...........................................................................................................184
8-2General Board Procedures ...............................................................................................................184
8-3General Powers................................................................................................................................185
8-4Appeal from Administrative Official ..............................................................................................185
8-4.1Authorization ..............................................................................................................................185
8-4.2Appeal Procedure .......................................................................................................................185
8-4.3Effect of Appeal ..........................................................................................................................185
8-4.4Board Decision on Appeal .......................................................................................................... 186
8-5Conditional Use Permit Procedure ..................................................................................................186
8-5.1Generally ....................................................................................................................................186
8-5.2Application .................................................................................................................................186
8-5.3Notice and Meeting Requirements. ............................................................................................. 187
8-5.4Standards for Granting a Conditional Use Permit ..................................................................... 187
8-5.5Conditions and Restrictions on a Conditional Use Permit ......................................................... 188
8-5.6Decision and Records .................................................................................................................189
8-5.7Period of Validity, Expiration .....................................................................................................189
8-5.8Parking Regulations ...................................................................................................................189
8-5.9Sign Regulations .........................................................................................................................189
4. Bed and Breakfast Home ................................................................................................................190
5. Bed and BreakfastInn ....................................................................................................................191
6. Carwash .........................................................................................................................................191
7.Carwash, Self-Service .....................................................................................................................192
8.Drive-up Automated Bank Teller .....................................................................................................192
9.Gas Station ......................................................................................................................................192
10. Grain or Barge Terminal ......................................................................................................................192
Dubuque, IA UDCAdopted 00/00/000 vii
11. Group Home .........................................................................................................................................192
12.Hospice ............................................................................................................................................193
13.Housing for the Elderly or Persons with Disabilities......................................................................193
14. Individual Zero Lot Line Dwelling .......................................................................................................193
15. Indoor Restaurant .................................................................................................................................193
17. Keeping of Horses or Ponies ................................................................................................................194
18. Kennel ...................................................................................................................................................194
19. Adult Day Services ................................................................................................................................194
20. Licensed Childcare Center ...................................................................................................................194
21. Medical Office ......................................................................................................................................195
22. Mortuary, Funeral Home or Crematorium ...........................................................................................196
4 ..................................................................................................................................................................196
23. Multiple-Family Dwelling 13 or more Units ........................................................................................196
24. Nursing or Convalescent Home ............................................................................................................196
25. Off-Premises Residential Garage .........................................................................................................196
26. Off-Street Parking.................................................................................................................................197
27. Outdoor Recreation or Amusement Center ...........................................................................................197
29. Pet Daycare or Grooming ....................................................................................................................198
30. Photographic Studio .............................................................................................................................198
31. Private Club ..........................................................................................................................................198
32. Recreation .............................................................................................................................................198
33. Residential Use .....................................................................................................................................198
34. Restaurant .............................................................................................................................................198
35. Restaurant, Drive-in or Carryout .........................................................................................................199
36. Retail Sale of Agricultural Products .....................................................................................................199
37. Retail Sales and Service........................................................................................................................199
38. Rooming or Boarding House ................................................................................................................199
41. Vehicle Repair or Body Shop ................................................................................................................200
42. Vehicle Sales or Rental .........................................................................................................................200
43. Vehicle Service or Repair .....................................................................................................................200
46. Winery ...................................................................................................................................................201
A winery may be allowed in the AG district in accordance with the conditions established by the Zoning
Board of Adjustment. .....................................................................................................................................201
8-6Variance Procedure .........................................................................................................................201
8-6.1Application ..................................................................................................................................201
8-6.2Notice and Meeting Requirements ..............................................................................................201
8-6.3Requirements for the Granting of a Variance .............................................................................201
8-6.4Conditions and Restrictions Attached to the Granting of a Variance .........................................202
8-6.5Decisions and Records ................................................................................................................202
8-7Special Exceptions ...........................................................................................................................202
8-7.1Application ..................................................................................................................................202
8-7.2Notice and Meeting Requirements ..............................................................................................203
8-7.3Requirements for the Granting of a Special Exception ...............................................................203
8-7.4Conditions and Restrictions Attached to the Granting of a Special Exception ...........................204
8-7.5Decisions and Records ................................................................................................................204
8-8Appeal from Board Decision ...........................................................................................................204
A9:ZACAP .........................................205
RTICLEONING DVISORY OMMISSION PPLICATIONS AND ROCEDURES
9-1Zoning Advisory Commission .........................................................................................................205
9-2General Powers ................................................................................................................................205
9-3Organization, Meetings ...................................................................................................................206
9-4Procedures of Operation..................................................................................................................207
9-5Zoning Reclassification ...................................................................................................................207
Dubuque, IA UDCAdopted 00/00/000 viii
9-5.1Application Requirements ...........................................................................................................208
....................................................................................................................................................................208
9-5.2Zoning Advisory Commission Action .......................................................................................... 208
9-5.3City Council Action ....................................................................................................................209
........................................................................................................................................................................209
9-6Text Amendment Procedure ............................................................................................................209
9-6.1Text Amendment .........................................................................................................................209
B.Application Requirements ...............................................................................................................210
C.9-6.3 Zoning Advisory Commission Action ..................................................................................... 210
9-6.4City Council Action ....................................................................................................................210
9-7Public Hearings ...............................................................................................................................211
9-8Notice of Zoning Advisory Commission Hearings ......................................................................... 211
SECTION III – LAND DEVELOPMENT REGULATIONS ...................................................... 254
A11:LS ...................................................................................................................... 254
RTICLEANDUBDIVISION
11-2Applicability....................................................................................................................................254
........................................................................................................................................................................255
11-3Recording of Subdivision Plats .......................................................................................................255
........................................................................................................................................................................255
........................................................................................................................................................................255
........................................................................................................................................................................255
........................................................................................................................................................................255
........................................................................................................................................................................255
11-4Exception of Specific Subdivision Requirements ........................................................................... 256
11-5Application Fee for Subdivision Plat Review Required .................................................................. 256
11-6Subdivisions Classified ...................................................................................................................256
11-7Application Requirements and Review Process .............................................................................. 256
........................................................................................................................................................................262
11-8Subdivision Design Standards .........................................................................................................263
........................................................................................................................................................................265
........................................................................................................................................................................265
........................................................................................................................................................................265
........................................................................................................................................................................266
........................................................................................................................................................................266
........................................................................................................................................................................266
........................................................................................................................................................................266
........................................................................................................................................................................266
11-10 Sustainable Subdivision Development Tools ......................................................................................267
11-11Conservation Subdivision ................................................................................................................268
11-13Cottage Design Subdivision ............................................................................................................273
11-14 Blocks and Lots ....................................................................................................................................274
11-15Streets ..............................................................................................................................................275
11-16Sidewalks ........................................................................................................................................276
11-17Bikeways .........................................................................................................................................277
11-18Utility Location ...............................................................................................................................277
11-19StreetTrees ......................................................................................................................................277
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11-20Water Supply ...................................................................................................................................277
11-21Sanitary Sewer .................................................................................................................................278
11-22Stormwater, Grading and Erosion Control ......................................................................................278
11-23Obligation to Install Improvements .................................................................................................278
11-24 Improvement Guarantees .................................................................................................................279
A12:SP ...................................................................................................................................281
RTICLEITELANS
12-1Purpose ............................................................................................................................................281
12-2Applicationand Scope .....................................................................................................................281
12-3Development Activities Subject to Site Plan Review ......................................................................281
12-4Administrative Waiver, When Permitted .........................................................................................282
12-5Site Plan Review Procedures ...........................................................................................................282
12-7 Site Plan Appeals ........................................................................................................................283
A13:SDS ............................................................................................................284
RTICLEITEESIGN TANDARDS
13.1Intent ................................................................................................................................................284
13-3 Site Development Requirements ............................................................................................................286
13-3.1 Site Lighting ........................................................................................................................................286
13-3.2 Utility Locations .........................................................................................................................286
13-3.3Stormwater Management .................................................................................................................287
13-3.4Parking Structures ...........................................................................................................................288
13-3.5 Parking Lot Layout ..........................................................................................................................288
13-3.5.1Parking Lot Provisions for Bicycle Parking ..........................................................................289
13-3.5.2Parking Lot Lighting ..............................................................................................................289
13-3.6Sidewalks and Walkways ............................................................................................................290
13-4 Landscaping and Screening Requirements: ...........................................................................................290
13-4.4 Site Landscaping .........................................................................................................................291
13-4.5Preservation of Existing Trees .........................................................................................................292
13-4.6Parking Lot Landscaping ............................................................................................................292
13-4.7StreetTrees .................................................................................................................................293
13-4.10 Exterior Storage in Non-Residential Districts............................................................................295
13-4.10Installation, Maintenance, and Replacement of Landscaping and Screening .............................295
13-7Design Standards for Biofuels Production Facilities .......................................................................299
A14:P .......................................................................................................................................301
RTICLEARKING
14-1Parking Required .............................................................................................................................301
14-2Site Plan Required ...........................................................................................................................301
14-3Parking Space Calculations .............................................................................................................301
14-4Location of Parking Spaces .............................................................................................................301
14-5Off-Street Parking and Storage of Vehicles in Residential Districts ...............................................302
14-6Off-Street Parking Requirements ....................................................................................................304
14-7Accessible Parking Space Requirements .........................................................................................314
14-8Nonconforming Parking Lots ..........................................................................................................314
14-9Bicycle Parking Required ................................................................................................................314
14-10Shared Parking Reduction ...............................................................................................................315
A15:S ............................................................................................................................................316
RTICLEIGNS
15-1Purpose ............................................................................................................................................316
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15-2Applicability....................................................................................................................................316
15-3Enforcement ....................................................................................................................................317
15-4Sign Installer’s License ...................................................................................................................318
15-4.1License Required ........................................................................................................................318
15-4.2Exception ....................................................................................................................................318
15-4.3License fee ..................................................................................................................................318
15-4.4Insurance required .....................................................................................................................318
15-5Definitions .......................................................................................................................................319
15-6Permit Required ...............................................................................................................................326
15-6.1Permit Application ......................................................................................................................326
15-6.2Issuance ......................................................................................................................................327
....................................................................................................................................................................328
15-6.3Permit Validity ............................................................................................................................328
15-6.4Permit Expiration .......................................................................................................................328
15-6.5Suspension or Revocation ...........................................................................................................329
15-6.6Inspections ..................................................................................................................................329
15-7Sign Calculations .............................................................................................................................329
15-8Prohibited Signs ..............................................................................................................................331
15-9Exempt Signs ...................................................................................................................................331
15-10Temporary Signs .............................................................................................................................332
15-11Permitted On-Premises Signs ..........................................................................................................333
15-11.1AG Agriculture and R1, R2, R2A, R3, & R4 Residential Districts ......................................... 334
15-11.2OR Office Residential District ............................................................................................... 335
15-11.3OS Office Service District ......................................................................................................336
15-11.4OC Office Commercial District ............................................................................................. 337
15-11.5C-1 Neighborhood Commercial District ................................................................................ 337
15-11.6C-2 Neighborhood Shopping Center District ........................................................................ 338
15-11.7C-2A Mixed Use Neighborhood ............................................................................................. 339
15-11.8C-3 General Commercial District .......................................................................................... 340
15-11.9C-4 Downtown Commercial District ..................................................................................... 341
15-11.10C-5 Business District .............................................................................................................342
15-11.11CS Commercial Service and Wholesale District .................................................................... 343
15-11.12CR Commercial Recreation District ...................................................................................... 344
15-11.13ID Institutional District ..........................................................................................................345
15-11.14IndustrialDistricts .................................................................................................................346
15-12Off-Premises Signs .......................................................................................................................... 347
5-13Signs in Historic Districts ................................................................................................................349
15-14Nonconforming Signs ...................................................................................................................... 352
15-15Maintenance ....................................................................................................................................352
15-16Discontinued or Abandoned Signs ..................................................................................................352
15-17Message Substitution .......................................................................................................................352
15-18ProjectingSigns ...............................................................................................................................352
15-19Fee Schedule ...................................................................................................................................355
15-20Design, Generally ............................................................................................................................356
15-21Construction, Generally ...................................................................................................................357
15-22Projection and Clearance, Generally ...............................................................................................359
15-23Standards Applicable to Specific Sign Types .................................................................................. 360
....................................................................................................................................................................360
15-23.1Pole signs ...............................................................................................................................360
Dubuque, IA UDCAdopted 00/00/000 xi
15-23.2Ground Monument signs ........................................................................................................360
....................................................................................................................................................................361
15-23.3Wall signs ...............................................................................................................................361
15-23.4Projectingsigns .....................................................................................................................361
15-23.5Combination signs .................................................................................................................362
15-23.6Marquee sign.........................................................................................................................362
15-23.7Electricsigns ..........................................................................................................................362
15-23.8Electronic Message sign........................................................................................................363
15-24Severability......................................................................................................................................363
...................................................................................364
13-4.4(8)SL–OWF
ITEANDSCAPING PENATEREATURES
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Section I –General Provisions Article 1 – Title, Purpose and Interpretation
Section I – General Provisions
Article 1: In General
1-1 Title
This ordinance shall be known and may be cited and referred to as the "Development and
Land Use Code of the City of Dubuque, Iowa," herein referred to as the “Code.”
1-2 Purpose
The zoning regulations and districts This Code as herein established havehas been made for
the purpose of promoting the health, safety, sustainabilityand general welfare of the
community, and for the protection and preservation of places and areas of historical and
cultural importance and significance.
The zoning regulations and districts have This Code has been designed to lessen congestion
in the streets; to secure safety from fire and other hazards; to provide adequate light and air;
to prevent the overcrowding of land; to avoid undue concentration of population;andto
facilitate the adequate provision of transportation, water, sewage, schools, parks and other
public requirements and to encourage sustainable design and development.
The zoning regulations and districts have This Code has been made with reasonable
consideration of the character of the district and its suitability for the particular uses, and with
a view of conserving the value of buildings,andencouraging the most appropriate use of
land throughout the community.
1-3Minimum Requirements Interpretation
In their interpretation and application, the provisions of this ordinanceCodeshall be held to
be the minimum requirements for the promotion of the public health, safety, morals,
convenience, comfort, prosperity, sustainability, and general welfare.
1.4 Relationship to City Code
The use of buildings and land within the City of Dubuque shall be subject to all applicable
provisions of the City Code and other ordinances, as well as this Code, whether or not those
other provisions of the City Code are specifically cross-referenced in this Code. Cross-
reference to other provisions of the City Code found in this Code are provided for the
convenience of the reader; lack of a cross-reference should not be construed as an indication
that other provisions of the City Code do not apply.
1-5 Relationship to Comprehensive Plan
It is the intention of this Code to implement the goals, principles, and objectives reflected in
the Comprehensive Plan as adopted by the City. While the City reaffirms its commitment
that the provisions of this Code and any amendment made to this Code shall conform to
adopted planning policies, the City acknowledges its intent that neither this Code nor any
Dubuque, IA UDCAdopted 00/00/000 1
Section I –General Provisions Article 1 – Title, Purpose and Interpretation
amendment of this Code may be challenged merely on the basis of an alleged nonconformity
with the Comprehensive Plan.
1-6 Applicability of Prior Regulations
A.All violations of prior zoning or other regulations of the City, existing on the effective
date of this Code, shall continue to be violations and shall not be considered to be legal
nonconforming situations under this Code. The City shall have the same authority to
secure civil remedies for violations of those regulations to the same extent that it may
secure civil remedies for violations of this Code.
B.All permits, applications, certificates and other authorizations submitted or approved
prior to the effective date of this Code shall be governed by the regulations in effect at the
time of the submission or approval.
1-7 Administration
The provisions of this Code shall be administered and enforced by the City Planner
designated by the City Manager.
1-8 Issuance of Building Permits
No building or other structure shall be erected, moved, added to, or structurally altered
without a building permit therefore, issued by the Building Commissioner. However, no such
building permit shall be issued by the Building Commissioner except in conformity with the
provisions of this Code, unless the Building Commissioner receives a written order from the
Zoning Board of Adjustment in the form of an administrative review, conditional use permit,
or variance.
1-9 City Planner
TheCityManagershall designate aCity Plannerwho shall be responsible for the
enforcement and administration of this Code. The City Planner may be provided with the
assistance of such other persons as the City Manager may direct.
1-9.1 Duties of City Planner
The City Planner shall have the following duties and responsibilities:
A.To enforce the provisions of this Code by investigating information concerning violations
thereof, and taking such actions or issuing such orders or directives as are deemed
appropriate to ensure compliance with the Code.
B.To keep accurate and complete records of all investigations, enforcement proceedings,
site plans, PUD preliminary or final development plans, zoning correspondence and such
other records as the City Planner may be required to keep under the provisions of this
Code.
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Section I –General Provisions Article 1 – Title, Purpose and Interpretation
C.To faithfully and promptly execute all other duties or responsibilities delegated to the
City Planner under this Code.
1-9.2 Interpretation by City Planner
In making any judgment, interpretation, or decision authorized by this Code, the City Planner
shall consider and be guided by the particular provisions of this Code and relevant statements
of intent contained herein, provided, however, that nothing herein shall be deemed to
authorize the City Planner in the performance of the City Planner's duties to permit any
exception to, or variance from the provisions or requirements of this Code, or to otherwise
impinge upon the powers vested in the Zoning Board of Adjustment.
1-10 Violations and Penalties
1-10.1 Complaints Regarding Violations
Whenever a violation of this Code occurs or is alleged to have occurred, any person may file
a complaint of such alleged violation with the City Planner stating fully the facts or grounds
upon which the complaint is based. The City Planner shall promptly record and investigate
such complaint and take appropriate action as provided by this Code.
1-10.2 Enforcement Procedure
Whenever the City Planner finds that any of the provisions of this Code are being violated,
the City Planner 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 to correct it. The City Planner shall in all cases take such actions or issue
such orders or directives as are authorized by this Code to ensure compliance with or to
prevent violations of its provisions.
1-10.3 Orders and Directives
In addition to all other powers conferred upon the City Planner by this Code, the City Planner
shall have the power to issue appropriate written orders or directives to any person deemed to
Section 1-9.2
be responsible for a violation of this Code, as provided in . A failure to
promptly comply with such lawful orders or directives shall be deemed a violation of this
Code, punishable as provided herein. Such orders or directives shall include, but shall not be
limited to: orders to discontinue illegal use of 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 Code.
1-11 Repeal of Conflicting Ordinances
Upon the effective date and publication of this Code, all existing ordinances in conflict
herewith and all amendments thereto shall be, and the same hereby are repealed. However, in
the event that this Code shall fail to become effective for any reason whatsoever, all existing
ordinances and all amendments thereto shall remain in full force and effect.
Dubuque, IA UDCAdopted 00/00/000 3
Section I –General Provisions Article 1 – Title, Purpose and Interpretation
1-12 Not a Licensing Ordinance
Nothing contained in this Code 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, occupation or activity.
1-13 Private Agreements
This Code 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 Code are more restrictive or impose higher standards or requirements
than such easement, covenant or other private agreement of legal relationship, the regulations
of this Code shall govern.
1-14 Overlapping or Contradictory Regulations
Where the conditions imposed by any provision of this Code 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 Code or of any other law, ordinance, resolution, rule
or regulations of any kind, the regulations which are more restrictive shall govern.
1-15Code References
Any references herein to sections of the City Code are to those sections in force on the
effective date of this Chapter and shall be deemed to refer to the successor section, if any, in
the event the section referenced is renumbered.
1-16Cumulative Provisions
The provisions of this Code are cumulative and additional limitations upon all other laws and
ordinances, heretofore passed or which may be passed hereafter, governing any subject
matter in this Code.
1-176 Severability
It is hereby declared to be the intention of the City Council that the provisions of this Code
are separable, in accordance with the following:
A.If any court of competent jurisdiction shall adjudge any provision of this Code to be
invalid, such judgment shall not affect any other provisions of this Code.
B.If any court of competent jurisdiction shall adjudge invalid the application of any
provision of this Code 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.
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Section I –General Provisions Article 1 – Title, Purpose and Interpretation
1-187 Effective Date
This Code shall be in force and effect on the day of its final passage, adoption and
publication as provided by law.
Passed, approved and adopted this _____ day of ____________________ 2009.
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Section I –General Provisions Article 2 – Definitions
Article 2: Definitions
2-1 Rules
For the purpose of this Code, the following rules shall apply:
A.Words used in the present tense include the future;
B.Words in the singular number include the plural and words in the plural number include
singular;
C.The word "shall" or the word "must" is mandatory and not discretionary;
D.The words "used for" includes the meaning “arranged for,” "designed for," “occupied or
intended to be occupied for;"
E.The particular controls the general;
F.In case of a difference of meaning or implication between the text of the Code and the
captions for each section, the text shall control;
G.All references to the City Manager shall include the City Manager or appropriate
designee;
H.The City Manager hereby designates the Planning Services Manager as the City Planner
as referenced in this Code.
I.The City Manager hereby designates the Building Services Manager as the Building
Official as references in this Code.
J.Computation of Time. Unless otherwise specifically provided, the time within which an
act is to be completed shall be computed by excluding the first day and including the last
day, unless it is Sunday, which shall be included in the computation of time. All acts
must be completed within the time frame specified subject to extension periods provided
herein.
2-2 Acronyms
A.
For the purpose of this Code, the following abbreviations and acronyms shall apply:
ADA Americans with Disabilities Act
COE U.S. Army Corps of Engineers
EPA Environmental Protection Agency
FAA Federal Aviation Administration
FCC Federal Communication Commission
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Section I –General Provisions Article 2 – Definitions
FEMA Federal Emergency Management Agency
HPC Historic Preservation Commission
IDNR Iowa Department of Natural Resources
IDOT Iowa Department of Transportation
NPDES National Pollutant Discharge Elimination System
NRCS Natural Resources Conservation Service
USDA United States Department of Agriculture
ZAC Zoning Advisory Commission
ZBA Zoning Board of Adjustment
2-3 Definitions
In the interpretation of this Ordinance, the following words and terms are to be used and
interpreted as defined hereinafter. Words contained in this Article are those having a special
meaning relative to the purposes of this Code. Words not listed in this Article shall be
defined by reference to: (1) The current building code adopted by the City of Dubuque or, if
not defined therein, in (2) the Webster's Dictionary, unabridged, 2002, which documents are
hereby incorporated by reference as if herein set forth in their entirety. Words and terms not
defined in this Article but defined elsewhere in the Code shall be given the meanings set
forth therein.
Abandonment
: to cease or discontinue a use or activity not to be construed as short term
interruptions such as during periods of remodeling, maintenance, or normal periods of
vacation or seasonal closure.
Abut, Abutting
: to border on, being contiguous with or have property or district lines in
common, including property separated by a right-of way or railroad.
Access or Accessway
: the place, means, or way by which pedestrians and vehicles shall have
safe, adequate and usable ingress and egress to a property or use as required by this Code.
Accessory Dwelling Unit
A dwelling unit, but not a mobile home, contained within an
existing single-family detached dwelling, or its detached accessory garage.
Accessory Living Quarters
: living quarters within an accessory building located on the
same premises with the main building, for use by temporary guests of the occupant of the
premises, such quarters having no kitchen facilities and not rented or otherwise used as a
separate dwelling unit.
Accessory Building or Structure
: a detachedsubordinate building or structure, located on
the same lot as themain building, ora portion of the main building principal structure, the
use of which is clearlyincidentaltoandcustomarily found in connection with the main
building or principal use of the land accessory to that of the principal structure.
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Section I –General Provisions Article 2 – Definitions
Accessory Use
:see Use, Accessory.
Acreage
: any tract or parcel of land which does not qualify as a farm or development.
Adjacent
: near or close; for example, an Industrial District across the street or highway from
a Residential District shall be considered as adjacent.
Adult Day Services, Licensed:
A facility providing care for the elderly and/or functionally
impaired adults in a protective setting for a portion of a 24 hour day.
Adult Entertainment Establishment
:see Section 4-8 of this Ordinance.See Section 31.141
of the City Code.
Agricultural and Farm Buildings or Structures
: any building or structure which is
necessary or incidental to the normal conduct of a farm including but not limited to residence
of the operator, residence of hired help, barns, buildings and sheds for housing livestock,
poultry and farm machinery, buildings for the storage or shelter of grain, hay and other crops,
silos, windmills and water storage tanks.
Agricultural Operations
: see Farming.
Agriculture
: land suitable for use in farming and which is or will be operated as a farm,
including the raising, harvesting, and selling crops or by the feeding, breeding, management,
and sale of, or the produce of, livestock, poultry, fur-bearing animals, or honeybees, or for
dairying and the sale of dairy products, or any other agricultural or horticultural use.
Alley
: a public right of way with a width of 20 feet or less which affords a secondary means
of access to abutting properties, not to be considered a street.
Alteration
: any change, addition or modification in construction or occupancy of an existing
structure.
Alteration, Structural
: see Structural Alteration.
Amendment
: a change in the wording, context, or substance of this Regulation, an addition
or deletion or a change in the district boundaries or classifications upon the zoning map.
Amphitheater
: an outdoor area or structure characterized by tiers of seating, specifically
designed and used as a place of assembly during spectacles and contests.
Amusement Arcade
: a building or a part of a building where the primary uses is pinball
machines, video games, or other similar player-orientated amusement devices are available
and are maintained for use.
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Section I –General Provisions Article 2 – Definitions
Amusement Center
: a facility providing three (3) or more coin or token activated machines
or devices for use by patrons as games of skill or entertainment.
Amusement Park
: a facility, primarily outdoors, that may include structures and buildings,
where there are various devices for entertainment, including rides, booths for the conduct of
games or sale of items, buildings for shows and entertainment, and restaurants and souvenir
sales.
Animal Feeding Operation
: a lot, yard, corral, building, or other area in which animals are
confined and fed and maintained for 45 days or more in any 12-month period, and all
structures used for the storage of manure from animals in the operation. An animal feeding
operation does not include a livestock market. Open feedlots and confinement feeding
operations are considered to be separate animal feeding operations.
Animal Grooming Service
: any place or establishment, public or private, where animals are
bathed, clipped, or combed for the purpose of enhancing their aesthetic value or health and
for which a fee is charged.
Animal Hospital
: see Hospital, Animal.
Animals, Domestic
: see Household Pet.
Antenna
: any attached or external system of wires, poles, rods, reflecting disks or similar
devices used for the transmission or reception of electromagnetic waves. Also see Satellite
Dish Antenna and Tower.
Antique Shop
: a place offering primarily antiques for sale. An antique for the purpose of this
Code shall be a work of art, piece of furniture, decorative object, or the like, of belonging to
the past, at least 30 years old.
Apartment
: a room or a suite of rooms within an apartment house or multiple family
dwelling arranged, intended or designed for a place of residence of a single family or group
of individuals living together as a single housekeeping unit. Also see Dwelling Unit.
Apartment House
: see Dwelling, Multiple Family.
Appearance
: the outward aspect visible to the public.
Appropriate
: shall mean sympathetic, or fitting, to the context of the site and the whole
community.
Appurtenance
: the visible, functional objects accessory to and part of buildings.
Architectural Character or Concept
: the basic aesthetic idea of a building, or group of
buildings or structures, including the site and landscape development that produces the
architectural character.
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Section I –General Provisions Article 2 – Definitions
Architectural Feature
: a prominent or significant part or element of a building, structure, or
site. Architectural features may include special lines, massing, and/or texture.
Lines
A.: visual elements of the building, either within the façade or on the building edge,
which are in a linear form either horizontally or vertically and may be composed of
masonry, glass, or other related materials.
Mass
B.: the volume, bulk of a building or structure.
Texture
C.: the quality of a surface, ranging from mirror finish, smooth, to coarse and
unfinished.
Architectural Style
: the characteristic form and detail, as of buildings of a particular historic
period.
Artisan Production Shop
: a building or portion thereof used for the creation of original
handmade works of art or craft items by artists or artisans, as either a principal or accessory
use.
Artist Studio
: a place designed to be used, or used as, a place of work or a combination of
both a dwelling place and a place of work, by an artist, artisan, or craftsperson, including
persons engaged in the application, teaching, or performance of fine arts such as, but not
limited to, drawing, vocal or instrumental music, painting, sculpture, and writing.
Assessor
: the Dubuque City Assessor or appointed designee.
Assisted Living Facility
: a provision of housing with services which may include but not
limited to health related care, personal care, and assistance with instrumental activities of
daily living in a physical structure which provides a home like environment.
Attached, Permanently
: attached to real estate in such a way as to require dismantling,
cutting away, unbolting from permanent foundation or structural change in such structure in
order to relocate it to another site.
Auditorium
: a building or structure designed or intended for use for the gathering of people
as an audience to hear music, lectures, plays, and other presentations.
Auto Salvage Dealer
: any person who engages in the business of buying motor vehicles,
motorcycles, motorized bicycles or parts thereof or tires for resale in whole or in part as junk
or as used parts.
Automated Bank Automatic Teller Machine (ATM)
:a machine or device for the
dispensing and collecting of cash and conducting or other banking activities by the customer
without an attendant.an automated device that performs banking or financial functions on-site
or at a location remote from the controlling financial institution.
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Section I –General Provisions Article 2 – Definitions
Babysitting
: A residential accessory use providing temporary supplemental parental care for
nonrelated children under twelve (12) years of age where such care is provided within a
dwelling unit by the permanent resident thereof and that the number of such children shall
not exceed six (6) children at any one time.
Ballroom
: a place or hall used for dancing, other than those listed under the definition of
“Adult Cabaret” (see Article 3). Ballrooms shall also be used for reunions, weddings and
receptions.
Bar
: any establishment whose principal business is serving alcoholic beverages at retail for
consumption on the premises. Also see Nightclub.
Basement
: any floor level below the first story in a building, except that a floor level in the
building having only one floor level shall be classified as a basement unless such floor level
qualifies as afirst story. (See diagram for story.)
Beacon
: any light with one or more beams directed into the atmosphere or directed at one or
more points not on the same zone lot as the light source; also, any light with one or more
beams that rotate or move.
Bed and Breakfast Home
: a structure containing a single dwelling unit, which provides
lodging and meals for overnight guests only, in which no more than five sleeping rooms are
available for guests and is the principal residence (as defined in the Internal Revenue Code)
of a person owning not less than 30 percent of the fee title to the property. Each sleeping
room in a bed and breakfast home shall be at least 140 square feet in area.
Bed and Breakfast Inn
: a structure containing a single dwelling unit with a full-time
resident owner or resident manager which provides lodging and meals for overnight guests
only and has no more than nine sleeping rooms available. Each sleeping room shall be at
least 140 square feet in area.
Bedroom
: a room within a dwelling unit planned and intended for sleeping, separable from
other rooms by a door or doorway.
Berm
: a raised form of earth to provide screening or to improve the aesthetic character.
Big Box Retail Store
: see Retail Commercial.
Biofiltration
a pollution control technique that employs living material to capture, sequester
and/or biologically degrade pollutants.
Biofuels Plant
: a facility where the conversion of corn or other biomass material into an
alcohol fuel product is undertaken. The facility also includes the processing of certain by-
products resulting from the fermentation and distillation process.
Dubuque, IA UDCAdopted 00/00/000 11
Section I –General Provisions Article 2 – Definitions
Biomass
: plant material, used for the production of such things as fuel alcohol and
nonchemical fertilizers. Biomass sources may be plants grown especially for that purpose or
waste products from livestock, harvesting, milling, or from agricultural production or
processing.
Block
: a parcel of land platted into lots and bounded by public streets or by waterways,
rights-of-way, unplatted land, City-County boundaries, or adjoining property lines.
Block Frontage
: see Frontage, Block.
Board
: The Zoning Board of Adjustment of the City of Dubuque, Iowa.
Boardingor Rooming House
:See Rooming Housea building containing a single dwelling
unit and provisions where lodging is provided, with or without meals, for compensation.
Boat Dock
: a structure built over or floating upon water and used as a landing place for boats
and other marine transport, fishing, swimming, and other recreational uses.
Breezeway
: a roofed open passage connecting two otherwise detached buildings. Breezeway
connections shall not be construed to alter the detached status of the buildings so connected.
Brew On-Premises Store
: a facility that provides the ingredients and equipment for a
customer to use to brew malt liquor at the store. Brew-on-premises stores do not include the
sale of intoxicating liquor, unless the owner of the brew-on-premises store holds the
appropriate liquor license.
Brew Pub
: a restaurant or hotel which includes the brewing of beer as an accessory use. The
brewing operation processes water, malt, hops, and yeast into beer or ale by mashing,
cooking, and fermenting. By definition, these establishments produce no more than 10,000
barrels of beer or ale annually. The area, by definition, used for brewing, including bottling
and kegging, shall not exceed 25 percent of the total floor area of the commercial space.
Brewery
: an industrial use that brews ales, beers, meads and/or similar beverages on site.
Breweries are classified as a use that manufactures more than 10,000 barrels of beverage (all
beverages combined) annually.
Brewery, Micro
: a facility for the production and packaging of malt beverages of low
alcoholic content for distribution, retail or wholesale, on or off premises, with a capacity of
not more than 10,000 barrels per year. The development may include other uses such as
standard restaurant, bar, or live entertainment as otherwise permitted in the zoning district.
Broadcasting Tower
: a structure for the transmission or broadcast of radio, television, radar,
or microwaves which exceeds the maximum height permitted in the district in which it is
located; provided, however, that noncommercial radio towers not exceeding 100 feet in
height shall not be considered broadcast towers.
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Buffer
: a strip of land established to protect one type of land use from another incompatible
land use or between a land use and a private or public road. Also see Screening.
Buffer Zone
: an area of land that separates two zoning districts and/or land uses that acts to
soften or mitigate the effects of one use on the other.
Building
: any structureused or intended for supporting or sheltering any use or occupancy
built and maintained for the support, shelter or enclosure of persons, animals, or property of
any kind, but shall not include temporary buildings as defined in "Structure, Temporary."
Operable and licensed trailers, with wheels, shall not be considered as buildings.
Buildable Area
: the sum in square feet of the ground areas occupied by all buildings and
structures on a lot.
Building Code
: the various codes of the City that regulate construction and requires Building
Permits, electrical permits, mechanical permits, plumbing permits, and other permits to do
work regulated by the adopted building code of the City, and other codes adopted by the City
that pertain to building construction.
Building Footprint
The area of a lot or site included within the surrounding exterior walls of
a building or portion of a building, exclusive of courtyards, measured on a horizontal plane at
finished grade. For residential structures, it includes residences, attached garages, covered
carports, and accessory structures, but not trellises, patios, and areas of porches, decks and
balconies less than 30 inches from finished grade. In the absence of surrounding exterior
walls, the building footprint shall be the area under the horizontal projection of the roof.
Building Height
: the vertical distance from the average ground level at the front wall of the
building to the highest point of the underside of the ceiling beams for a flat roof or to the
deck line of a mansard roof, or to the mean height level between eaves and ridge for gable,
hip or gambrel roofs.
Building line
: see Setback.
Building Permit
: a document issued under the authority of the Building Services Division,
which authorizes the construction or modification of a structure on a property.
Building, Principal
: shall mean a building within which the main or principal use of the lot
or premises is located. Also see Use, Principal.
Bulk Regulations
: an indication of size and setback of buildings and their location with
respect to one another including lot area, lot frontage, lot coverage, required front yard,
required side yard, required rear yard and building height.
Business Services
: uses providing services to people, groups, businesses, dwellings and
other buildings. Business services shall include janitorial services, carpet and upholstery
cleaning, painting and decorating, building maintenance, swimming pool maintenance,
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security service, graphics/advertising agency, photocopying/duplication, quick print shops,
printing, blueprinting, sign painting, non-vehicle equipment rental, photographic studios and
similar uses.
Campground
: a parcel of land intended for the temporary occupancy of tents, campers, and
major recreational vehicles and which primary purpose is recreational, having open areas that
are natural in character.
Carwash, Full Service
: a building or section thereof containing facilities for washing motor
vehicles, using production line methods or mechanical devices and does not include customer
self-service.
Carwash, Industrial
: a mechanical facility for the washing, waxing and vacuuming of heavy
trucks and buses.
Carwash, Self Service
: a building or section thereof containing facilities for washing motor
vehicles by providing spaces, water and hand-held equipment for washing of motor vehicles
by the customer.
Carport
: a roofed structure with not more than two enclosed sides used or intended to be
used for vehicle shelter and storage.
Cellar
:See basement.
Cemetery
: land used or intended to be used for the burial of the dead and dedicated for such
purposes, including columbariums and mausoleums.
Channel
: the geographical area within either the natural or artificial banks of a watercourse
or drainageway.
Child Care
: the care or supervision of a child by a person other than the child’s
parent/guardian or custodian for periods of less than 24 hours per day per child on a regular
basis. Child Care does not include a Licensed Child Care Center.
Child Care Center, Licensed
: a facility providing child care or preschool services for
children that requires State of Iowa licensure.
City
: the City of Dubuque, Iowa.
City Manager
: The Dubuque City Manager or any other city staff designated by the City
Manager to carry out the implementation and enforcement of this Code, including but not
limited to, the Building Services Department, City Attorney’s Office, Engineering
Department, and Planning Services Department.
City Standards
: the design and improvement standards and specifications established
annually by the City Manager.
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Club
: an association of persons (whether or not incorporated), religious or otherwise, for a
common purpose, but not including groups which are organized primarily to render a service
carried on as a business for profit.
Club, Private
: a nonprofit voluntary association of persons for the promotion of 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 beverages, but only where limited to club members and guests and only in
conformance with all State and Federal regulations.
Clustered Development
: a development designed to concentrate buildings in specific areas
on a site to allow the remaining land to be used for recreation, common open space, and the
preservation of environmentally sensitive areas.
College, Seminary, or University
: a post-secondary institution for higher learning that
grants associate or bachelor degrees and may also have research facilities and/or professional
schools that grant master and doctoral degrees. This may also include community colleges
that grant associate or bachelor degrees or certificates of completion in business or technical
fields.
Commercial Feeding Operation
: see Livestock Feeding Operation.
Commission
: the Zoning Advisory Commission of the City of Dubuque, Iowa.
Common Area or Property
: a parcel or parcels of land, together with the improvements
thereon, the use and enjoyment of which are shared by the owners of the individual building
sites in a Clustered/Mixed Use Development or condominium development.
Community Center
: a place, structure, or other facility used for and providing religious,
fraternal, social, and/or recreational programs generally open to the public and designed to
accommodate and serve various segments of the community.
Compatible Land Uses
: a land use which is congruous with, tolerant of, and has limited
adverse effects on existing neighboring uses.
Comprehensive Plan
: the adopted Comprehensive Plan for the City of Dubuque, Iowa.
Conditional Use
:see Use, Conditional.
Conditional Use Permit
: a permit issued by the Board of Adjustment that authorizes the
Article 8
recipient to make conditional use of property in accordance with the provisions of
and any additional conditions placed upon, or required by said permit.
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Condominium
: a multiple dwelling as defined herein whereby the title to each dwelling unit
is held in separate ownership, and the real estate on which the units are located is held in
common ownership solely by the owners of the units with each having an undivided interest
in the common real estate.
Confinement Feeding Operation
: an animal feeding operation in which animals are
confined to areas which are totally roofed.
Conflicting Land Use
: a land use which transfers negative economic or environmental
effects over neighboring property lines.
Congregate Housing
: a residential facility for four or more persons age 55 years or over,
their spouses, or surviving spouses, providing living and sleeping facilities including meal
preparation, dining areas, laundry services, room cleaning and common recreational, social,
and service facilities for the exclusive use of all residents including resident staff personnel
who occupy a room or unit in the residential facility.
Conservation
: the protection and care that prevent destruction or deterioration of historical
or otherwise significant structures, buildings or natural resources.
Conservation Area
: environmentally sensitive and valuable lands protected from any
activity that would significantly alter their ecological integrity, balance or character, except
in overriding public interest, including but not limited to: wetlands, floodways, flood plains,
drainage ways, river or stream banks, and areas of significant biological productivity or
uniqueness.
Conservation Easement
: an easement granting a right or interest in real property that is
appropriate to retaining land or water areas predominantly in their natural, scenic, open, or
wooded condition and retaining such areas as suitable habitat for fish, plants, or wildlife, or
maintaining existing land uses or preserving the ability said land to be used for specific
purposes such as on site wastewater treatment systems.
Contiguous
: see Abut or Abutting.
Convenience Store
: a retail store containing less than 2,500 square feet of gross floor area
engaged in selling primarily food, beverages, and other household supplies to customers, and
designed to attract a large volume of stop-and-go traffic.
Convention Center
: a facility used for service organization, business, and professional
gatherings, such as conventions, conferences, and seminars, and limited to accommodations
for attendees. Accessory uses may include accommodations for sleeping, eating, and
recreation. Such facility is not designed to be only utilized by the general public for overnight
purposes.
Council
: The City Council of the City of Dubuque, Iowa.
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Crematorium
:A location containing properly installed, certified apparatus intended for use
in the act of cremation.
Cul-De-Sac
: see Street, Cul-De-Sac.
Day care home
: a residential accessory use providing temporary supplemental parental care
for children where such care is provided within a dwelling unit by the permanent resident
thereof, for no more than eleven (11) children and defined by chapter 237A of the Code of
Iowa. This number shall include the provider's own children who are not regularly in school
full days.
Deck
: a flat, floored, roofless structure.
Dental or Medical Lab: A facility providing diagnostic or pathological testing and analysis
for the healthcare industry.
Density
:the average number of persons, families or dwelling units per unit of areathe
number of dwelling units per acre of land allowable on a given tract or parcel of land.
Dental/Medical Lab
a facility for the fabrication ormanufacture of items such as dentures or
prostheses for use by the dental and medical profession. A dental or medical lab shall not
include clinics or offices where patients are treated.
Department Store
:any retail store offering multiple lines or categories of merchandise a
business which is conducted under a single owner’s name wherein a variety of unrelated
merchandise and services are housed, enclosed and exhibited and sold directly to the
customer for whom the goods and services are furnished.
Detention Basin
: a normally dry bottom facility for the temporary storage of stormwater
runoff.
Development
: any change to improved or unimproved real estate, including but not limited
to buildings or other structures, mining, dredging, filling, grading, paving, excavation, or
drilling operations for which necessary permits may be required.
Disability
: having a physical or mental impairment that substantially limits one or more of
such person's major life activities so that such person is incapable of living independently, a
record of having such an impairment, or Being regarded as having such impairment.
Discount Store
: a single or group of stores, offering merchandise for sale at less than usual
retail prices. Merchandise may be discounted due to either quantity price breaks or
merchandise has been discontinued and discounted to another retailer.
District
: any zoning district created for the purpose of regulating specific uses within a
defined area.
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District Energy System
: a small-scale heating, cooling and/or power facility connected to a
building or cluster of buildings.
Dog Kennel
: see Kennel.
Dormitory
a building intended or used principally for sleeping accommodations and
congregant living where such building is related to a public, educational, or religious
institution.
Downzoning
: a change in zoning classification of land to a less intensive or more restrictive
district such as from commercial district to residential district or from a higher density to a
lower density residential district.
Drainageway
: a depression below the surrounding land serving to give direction to a current
of water having a bed and well-defined banks; provided, that in the event of doubt as to
whether a depression is a watercourse or drainageway, it shall be presumed to be a
watercourse.
Drive-In Facility
: an establishment where customers can be served without leaving the
confinement of their vehicle.
Drive, Private
: an unplatted, private passageway providing access to a street.
Driveway
: a vehicular access to an off-street parking space or loading facility.
Duplex
: see Dwelling, Two Family.
Dwelling
: a building or portion thereof, designed or used exclusively for residential
occupancy, including a manufactured home as defined in state law, but not including trailers,
mobile homes, hotels, motels, motor lodges, boarding and lodging houses, tourist courts, or
tourist homes.
Dwelling, Multiple-Family
: a building or buildings designed and used for occupancy by
three or more families, all living independently of each other and having separate kitchen and
toilet facilities for each family.
Dwelling, Single-Family
: a building having accommodations for or occupied exclusively by
one family which meet all the following standards:
A.The home shall have no less than 700 square feet of floor area, above grade, for single
story construction;
B.The home shall have no less than an 20 foot exterior width;
C.The home shall have a roof material that is or simulates asphalt or wood shingles, tile, or
is a standing seam residential grade metal material, or rock, or is a green roof; the home
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shall be placed on a continuous permanent foundation and have wheels, axles,
transporting lights, and removable towing apparatus removed, and
D.The home shall meet and maintain the same standards that are uniformly applied to all
single-family dwellings in the zoning district.
E.Permanent foundation: continuous perimeter base on which building rests to be
A.
constructed from either poured concrete or laid masonry block or brick on a footing to be
placed a minimum of 42 inches below the final ground level.
Dwelling, Single-Family Attached: see Townhouse.
Dwelling, Two-Family
: a building designed or used exclusivelyto contain two (2) dwelling
units. A two family dwelling is a duplex. for the occupancy of two families living
independently of each other and having separate kitchen and toilet facilities for each family.
Dwelling Unit
:a building or portion of a building which is exclusively arranged, occupied,
or intended to be occupied as living quarters for one family.one room, or rooms connected
together, constituting a separate, independent housekeeping establishment for owner
occupancy or lease on a weekly, monthly, or longer basis, and physically separate from any
other rooms or dwelling units which may be in the same structure, and containing
independent cooking, toilet and sleeping facilities.
Easement
: an authorization by a property owner for the use by another, and for a specified
purpose, of a designated part of his or her property.
Elder Group Home
: a single-family residence that is operated by a person who is providing
room, board, and personal care and may provide health-related services to three through five
elders who are not related to the person providing the service within the third degree of
consanguinity or affinity, and which is staffed by an on-site manager twenty-four hours per
day, seven days per week, and which is certified by the state as an elder group home in
accordance with state law.
Encroachment
: an advancement or intrusion beyond the lines or limits as designated and
established by the Regulation.
Erected
: constructed upon or moved onto a site.
Existing and Lawful
: the use of a building, structure, or land was in actual existence,
operation, and use, as compared to the use being proposed, contemplated, applied for, or in
the process or being constructed or remodeled. In addition, the use must have been permitted,
authorized, or allowed by law or any other applicable regulation prior to the enactment of a
zoning regulation when first adopted or permitted, authorized or allowed by the previous
zoning regulation prior to the adoption of an amendment to that zoning regulation.
Expansion
: the enlargementof a building, structure, or use in volume, size, area, height,
length, width, depth, capacity, ground coverage, or in number.
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Expressway
: a street or road that provides fast and efficient movement of large volumes of
vehicular traffic between areas and does not provide direct access to property.
Exterior Building Component
: an essential and visible part of the exterior of a building.
External Design Feature
: the general arrangement of any portion of a building, sign,
landscaping, or structure and including the kind, color, and texture of the materials of such
portion, and the types of roof, windows, doors, lights, attached or ground signs, or other
fixtures appurtenant to such portions as will be open to public view from any street, place, or
way.
Extraterritorial Jurisdiction (ETJ)
: the area beyond the corporate limits, in which the City
has been granted the powers by the state to exercise subdivision review and is exercising
such powers.
Exurban
: the area that lies beyond the corporate limits and its suburbs.
Façade
: the exterior wall of a building exposed to public view.
Factory
: a structure or plant within which something is made or manufactured from raw or
partly wrought materials into forms suitable for use.
Family
: any number of people occupying a single dwelling unit living together as a single
housekeeping unit, related by blood, marriage or formal adoption plus not more than three
additional people not so related, except that foster children and persons with disabilities as
defined inChapter 27 of the City Code shall be considered a family.
Family Home
: a community-based residential home which is licensed as a residential care
facility or as a child foster care facility under state law, to provide room and board, personal
care, rehabilitation services, and supervision in a family environment exclusively for not
more than eight developmentally disabled persons and any necessary support personnel.
However, family home does not mean an individual foster family home licensed by the state.
Farming
: The raising of field crops and livestock, horticulture, forestry, animal husbandry
and similar agricultural activities.
Federal
: the federal government of the United States of America.
Fence
: a structure serving as an enclosure, barrier or boundary.
Flammable or explosive materials
: Any substance which decomposes through detonation
or which is intense burning. In addition, any substance which is intense burning. In addition,
any substance which is considered an "explosive" or a "flammable liquid" as defined in
division IV of article 1 of the city of Dubuque fire code shall be considered a flammable or
explosive material.
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Flood Hazard Overlay District
: See section 3-5.3 of this ordinance.
Floor Area
: whenever the term "floor area" is used in this Code as a basis for requiring off-
street parking for any structure, it shall be assumed that, unless otherwise stated, said floor
area applies not only to the ground floor area but also to any additional stories of said
structure. All horizontal dimensions shall be taken from the exterior faces of walls.
Foundation
: a base constructed from either poured concrete or laid masonry rock or brick
and placed on a footing located below ground level to a point below the frost line upon which
a building or structure is permanently attached.
Freestanding Canopy
: a permanent, freestanding,nonenclosedunenclosedroof structurefor
gasstations and financial institutions, designed to provide patrons shelter from the elements.
Freight Terminal
: a building or area in which freight brought by motor truck, barge, air, or
rail is received, assembled or stored and dispatched for routing and may include storage.
Frontage, Block
: that section of a block fronting on a street between two intersecting streets
or other block boundary.
Frontage, Lot
: see Lot Frontage.
Frontage, Street:
See lot frontage.
Frontage Road
: a street parallel and adjacent to a major arterial, collector and primarily for
service to the abutting properties, and being separated from the major street by a dividing
strip.
Funeral Home or Mortuary
: a building used for the storage, preparation, and display of the
deceased and for the performance of rituals and ceremonies connected therewith before
burial or cremation. Crematoriums are permitted as an accessory use to a funeral home or
mortuaryprovided they are licensed by theboard of mortuary science examinersand have
receivedan establishmentpermit to operate,required by state law,meet all federal
regulations and be granted a conditional use permit from the Zoning Board of Adjustment.
Garage, Residential
: a structure or building or portion thereof in which one or more vehicles
aremay be parked or stored. For purposes of this Code, garages include carports.
Garage Sale(Rummage Sale)
: a residential accessory use whereby items accumulated
during the everyday residential use of a dwelling are sold on-premise.
Garden, Noncommercial
: a plot of ground where fruit, herbs, flowers, vegetables or other
plants are grown and for which the owner or operator derives no compensation on the site.
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Gas Station, Automated
: a gas station characterized by customer-activated fuel dispensing
and packaged automotive products as the primary method to sell such products.
Gas Station
: a building and/or premises where gasoline, oil and minor auto accessories may
be supplied and dispensed at retail and may include an automated customer activated fuel
dispensing system. A gas station is not a service station. For other services in addition to the
sales of gasoline, see Service Station.
General Merchandise Retailer
: a business that stocks and sells products and services to the
general public for a cost.
General Merchandise Wholesaler
: a business that sells general merchandise or specific
types of goods typically at a wholesale or reduced price.
Grade
: the average of the finished ground level along a building wall.
Green Roof
: a roof covering of vegetation material, typically consisting of the following
components: an insulation layer, a waterproof membrane to protect the building from leaks, a
root barrier to prevent roots from penetrating the waterproof membrane; a drainage layer,
usually made of lightweight gravel, clay, or plastic; a geotextile or filter mat that allows
water to soak through but prevents erosion of fine soil particles; a growing medium; plants;
and, sometimes, a wind blanket.
Green Roof, Extensive
: a green roof system that ranges from as little as one to five inches in
soil depth. Extensive green roof systems generally add less load and require less maintenance
than intensive green roof systems.
Green Roof, Intensive
: a green roof system that requires a minimum of one foot of soil
depth to create a more traditional rooftop garden, with large trees, shrubs and other
manicured landscapes. They are multi-layer constructions, often including elaborate
irrigation and drainage systems, adding considerable load to a structure, and requiring
intensive maintenance.
Greenhouse, Commercial
: a building or premises used for growing plants, preparation of
floral arrangements, cold storage of flowers or dry storage of materials used for agricultural
or horticultural purposes, including for sale on or off the premises.
Greenhouse, Noncommercial
: a building constructedprimarily of glass or similar material
in which temperatures and humidity can be controlled for the cultivation of plants but not for
sale on the premises.
Greenway
: a parcel or parcels of land, together with the improvements thereon, dedicated as
an easement for access and/or recreation; usually a strip of land set aside for a walkway,
bicycle trail, bridalbridle path, or other similar access-way.
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Grocery Store
: a retailfood store not exceeding three thousand five hundred (3,500) square
feet of floor area accessible to the general public establishment primarily selling prepackaged
and perishable food as well as convenience and household goods and having a gross floor
area of less than 60,000 square feet.
Ground Cover
: plant material used in landscaping which remain less than 12 inches in
height at maturity. Also see Landscaping.
Ground Water
: water occurring beneath the surface of the ground that fills available
openings in the rock or soil materials such that they may be considered saturated.
Group Daycare Center
: an establishment regularly providing temporary supplemental
parental care or educational instruction for more than 11 children, or as defined bychapter
237A of the code of Iowa state law.
Group Home
: any group of persons not meeting the definition of family and occupying a
single dwelling unit living together as a single housekeeping unit, but not including a
boarding or rooming house.
Guest Room
: a room which is designed to be occupied by one or more guest for sleeping
purposes, having no kitchen facilities, not including dormitories.
Hard Surfaced
: any surface used for movement of vehicular and/or pedestrian traffic that is
designed and paved with either asphalt, concrete, permeable pavement, or pavers to City
standards, but shall not include surfacing materials such as crushed rock, gravel, cinder, or
surface sealants.
Hazardous Waste
: waste products of industrial or chemical process including finished
surplus, used, contaminated or unwanted fertilizer, herbicide, petroleum products, or other
such processed waste material.
Health Club
: privately owned for-profit facilities such as gymnasiums, athletic clubs,
recreational clubs, reducing salons, and weight control establishments.
Hedge
: a plant or series of plants, shrubs or other landscape material, so arranged as to form
a physical barrier or enclosure.
Historic District
: an area designated as an “Historic District” by ordinance and which
contains within definable geographic boundaries, properties, or buildings, that may or may
not be landmarks but which contribute to the overall historic character of the designated area.
Home Improvement Center
: a facility, of at least 60,000 gross square feet, engaged in the
retail sale of various basic hardware lines, such as tools, builders’ hardware, paint and glass,
house wares and household appliances, garden supplies, and cutlery.
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Home OccupationHome-based business
: any occupation or activity conducted within a
dwelling unit which is clearly incidental and subordinate to the use of the premises for
dwelling purposes.See section 4-7 of this Ordinance for further information.
Homeless Shelters
: see Temporary Shelter.
Homeowners Association
: a private, nonprofit corporation or association of homeowners of
properties in a fixed area, established for the purpose of owning, operating, and maintaining
various common properties and facilities.
Horse
: a large solid-hoofed herbivorous mammal (equus caballus, family equidae, the horse
family) domesticated since a prehistoric period and used as a beast of burden, a draft animal,
or for riding.
Hospice
:a freestanding building serving as a medical and residential facility for terminally
ill people, providing inpatient services and support services for families of the residents and
patients.
Hospital
: an institution that provides medical, surgical or psychiatric care and treatment for
the sick and injured.
Hospital, Animal
: any establishment or business maintained and operated by a veterinarian
or veterinarians for examination, prophylaxis, surgery, diagnosis and treatment of diseases or
injuries of animals including indoor boarding of animals under treatment or benefit of the
client; provided, said veterinarian or veterinarians are duly licensed under state law.
Hotel
:any building containing six (6) or more guest rooms designed for occupancy for
sleeping purposes by guests. a building or portion thereof offering transient lodging
accommodations on a daily rate to the general public and may provide associated services
such as restaurants, meeting rooms, and recreational facilities. The word "hotel" includes
motels and inns.
Household Pet
: an animal that is customarily kept for personal use or enjoyment within the
home. A household pet does not include livestock.
Housing for the Elderly and Persons with Disabilities
: a multi-family structure designed,
maintained and operated for exclusive occupancy by the elderly and/or persons with
disabilities as defined by the regulations of HUD and providing that one dwelling unit may
be used for a resident manager who shall be exempt from occupancy age limitations or
disabilities.
ImperviousImpermeableImpermeable Surface
: a surface that has been compacted or
covered with a layer of material making the surface highly resistant to infiltration by water,
such as rock, gravel, clay, conventionally surfaced streets, roots, sidewalks, parking lots, and
driveways.
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Improvement
: any change to land necessary to prepare it for building sites, including, but
not limited to, grading, filling, street paving, curb paving, sidewalks, walkways, water mains,
sewers, drainageways and other public works and appurtenances.
Industrial Park
: a large tract of land that has been planned, developed, and operated as an
integrated facility for a number of individual industrial uses, with special attention to
circulation, parking, utility needs, aesthetics, and compatibility.
Industrial Use
: the manufacture, fabrication, processing, reduction, destruction or storage of
any article, substance or commodity, or any other treatment thereof.
Infill Development
: the construction of a building or structure on a vacant parcel located in a
predominately built up area.
Inoperable Motor Vehicle
: any motor vehicle which:
A.Does not have a current state license plate, or
B.Which may or may not have a current state license plate, but is disassembled or wrecked
in part or in whole, or is unable to move under its own power, or is not equipped as
required by state law for operation upon streets or highways.
C.A vehicle which is wholly or partially dismantled shall not be considered inoperable
when said vehicle is inside a completely enclosed building.
Institution
: a facility that provides a public service and is operated by a federal, state, or
local government, public or private utility, public or private school or college, church,
hospital, public agency, or tax-exempt organization.
Intensification of Use
:an intensification of a use shall be any change, alteration, extension,
expansion or enlargement of a use or use and structure in combination where the off-street
parking requirements of this Code would be calculated at a higher ratio and/or would require
that additional off-street parking spaces be provided.
Intensity
: the degree to which land is used referring to the levels of concentration or activity
in uses ranging from uses of low intensity being agricultural and residential to uses of highest
intensity being heavy industrial uses. High intensity uses are normally uses that generate
concentrations of vehicular traffic and daytime population and are less compatible with lower
intensive uses.
Irregular Tract
: a parcel of land that has not been subdivided through adopted plat
procedures, but nonetheless has been assigned a number for identification purposes.
Junk
: old or scrap copper, brass, wire, rope, rags, batteries, paper, trash, rubber debris,
waste, or junked, dismantled, wrecked, or parts of, motor vehicles, motorcycles, or motorized
bicycles, or iron, steel, or other old or scrap ferrous or nonferrous material.
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Section I –General Provisions Article 2 – Definitions
Kennel
: an enclosed building or structure for the commercial keeping, sheltering, training, or
selling of dogs, cats, or other small domestic animals with attached outdoor runs or exercise
areas permitted for use by animalsduring the hours of 7:00 a.m. to 10:00 p.m.. Such outdoor
runs or exercise areas shall not exceed the square footage of the attached, enclosed building
or structure.
Landfill
: a disposal site employing a method of disposing solid wastes in a manner that
minimizes environmental hazards in accordance with state and federal requirements.
Landscape
: plant materials, topography, and other natural physical elements combined in
relation to one another and to man-made structures.
Landscape Design and Installation
: a business engaged in the design, installation, and
maintenance of commercial and residential landscapes, which may include an office and
indoor or outdoor storage areas for materials and equipment.
Landscaping
: the installation of vegetation, hardscape and/or xeriscaping, in conformity
with the requirements of this Code and the continued maintenance thereof.
Laundromat
: an establishment providing for the self-service washing, drying, and cleaning
of clothes or linens.
Life Care Facility
: a facility for the transitional residency of the elderly and/or disabled
persons, progressing from independent living to congregate apartment living where residents
share common meals and culminating in full health and continuing care nursing home
facility. Also see Housing for the Elderly and Persons with Disabilities.
Livestock
: animals associated with agricultural operation, commonly kept or raised as a part
of an agricultural operation including but not limited to horses, cattle, sheep, swine, goats,
chickens and turkeys.
Live/Work Space
: Buildings or spaces within buildings that combine residential living space
with an integrated work space for use by one or more residents.
Loading Space
: an off-street space or berth on the same lot with a main building, or
contiguous to a group of buildings, for the temporary parking of commercial vehicles while
loading or unloading, and which abuts a street, alley, or other appropriate means of ingress
and egress.
Lot
: a distinct parcel, tract or portion of a subdivision, the location, dimensions, and
boundaries of which are determined by a plat.
Lot Area
: the total horizontal area included within the boundaries of the propertylotlines of
a lot.
Lot, Corner
: a lot located at the intersection of two or more streets.
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Lot Coverage
: that portion of a lot covered by principal and accessory uses and/or buildings
expressed as a percentage of the lot area.
Lot Depth
: the average distance from the front property line to the rear property line,
measured in the general direction of the side property lines of the lot.
Lot, Double Frontage
: a lot having a frontage on two streets, as distinguished from a corner
lot.
Lot, Flag
: a lot with frontage and access provided to the bulk of the lot by means of a narrow
corridor.
Lot Frontage
: all sides of a lot abutting a street and measured along the front property line
as it abuts the street or along the street right-of-wayline on unplatted streets or roadway
easement line.
Lot, Interior
: a lot other than a corner lot with only one frontage on a street.
Lot Line
:see definition of property line the property line bounding a lot.
Lot Line, Front
: the property line abutting a street right-of-way or roadway easement line.
Lot Line, Rear
: a lot line not abutting a street which is opposite and generally most distant
from the front lot line.
Lot Line, Side
: any lot line not a front lot line or rear lot line.
Lot, Nonconforming
: a lot having less area or dimension than that required in the district in
which it is located and which was lawfully created prior to the zoning thereof whereby the
larger area or dimension requirements were established, or any lot, other than one shown on a
plat recorded in the office of the County Recorder, which does not abut a public road or
public road right-of-way and which was lawfully created prior to the effective date of this
Code.
Lot, Through
:a lot other than a corner lot with frontage on more than one street see Lot,
Double Frontage.
Lot of Record
: a lot which is part of a subdivision recorded in the office of the county
recorder, or lot or parcel described by metes and bounds, the description to which has been so
recorded.
Lot Width
: the horizontal distance between the side property lines measured at the front
property line as it abuts the street or along the street right-of-way line on unplatted streets,
except that on cul-de-sacs, the lot width shall be measured at the required front yard setback
line.
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Section I –General Provisions Article 2 – Definitions
Lot, Zoning
: a zoning lot is a parcel of land of at least sufficient size to meet minimum
zoning requirements 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
the approved private street, and may consist of:
A.A single lot of record;
B.A portion of a lot of record;
C.A combination of complete lots of record and portions of lots of record, or of portions of
lots of record;
D.A parcel of land described by metes and bounds; provided that in no case of division or
combination shall any residual lot or parcel be created which does meet the requirements
of this Code.
Luminaire, Cut-Off
: a luminaire with elements, reflectors, or refractor angles that direct and
cut off the light at a cutoff angle less than 72 degrees.
Manufactured Home
:A factory-built single-family structure, which is manufactured or
constructed under the authority of 42 USC section 5403, federal manufactured home
construction and safety standards, and is to be used as a place for human habitation, but
which is not constructed with a permanent hitch or other device allowing it to be moved other
than for the purpose of moving to a permanent site, and which does not have permanently
attached to its body or frame any wheels or axles. A mobile home is not a manufactured
home unless it has been converted to real property and is taxed as a site-built dwelling. For
the purpose of these regulations, manufactured home shall be considered the same as any
site-built single-family detached dwelling.a factory-built structure built under the authority
of 42 U.S.C. § 5403, that is required by federal law to display a seal required by the United
States Department of Housing and Urban Development, and was constructed on or after June
15, 1976.
Manufacturing, Primary
: the initial manufacture, compounding, and processing of raw or
unprocessed materials, or the manufacture of component parts that require additional
processing, fabrication, or assembly prior to use by the consumer.
Manufacturing, Secondary
: the mechanical or chemical transformation of materials or
substances into new products, including the assembling of component parts, and the blending
of materials, such as lubricating oils, plastics, resins, or liquors, for final use or consumption.
Microbrewery
: see Brewery, Micro.
Mini-Storage or Mini-Warehouse
: a building or group of buildings containing individual,
compartmentalized, and controlled access stalls or lockers for storage.
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Mixed Use
: properties where various uses, such as office, commercial, institutional, and/or
residential, are combined in a single building or on a single site in an integrated development
project with significant functional interrelationships and a coherent physical design.
Mobile Home
: any vehicle without motive power used or so manufactured or constructed as
to permit its being used as a conveyance upon the public streets and highways and so
designed, constructed, or reconstructed as will permit the vehicle to be used as a place for
human habitation by one or more persons; but shall also include any such vehicle with
motive power not registered as a motor vehicle in Iowa. A mobile home is factory-built
housing built on a chassis. A mobile home shall not be construed to be a travel trailer or other
form of recreational vehicle. A mobile home shall be construed to remain a mobile home,
subject to all regulations applying thereto, whether or not wheels, axles, hitch, or other
appurtenances of mobility are removed and regardless of the nature of the foundation
provided. However, certain mobile homes may be classified as "manufactured homes."
Nothing in this Code shall be construed as permitting a mobile home in other than an
approved mobile home park, unless such mobile home is classified as a manufactured home.
Mobile Home Park/Subdivision
:land exclusively designed and developed for two (2) or
more lots to be sold or rented for the placement of mobile homes a parcel of land under
single ownership that has been planned and improved for the placement of mobile housing
used or to be used for dwelling purposes and where mobile home spaces are not offered for
sale or sold. The term "mobile home park" does not include sales lots on which new or used
mobile homes are parked for the purposes of storage, inspection, or sale.
Mobile Home Subdivision
: any area, piece, parcel, tract or plot of ground subdivided and
used or intended to be used for the purpose of selling lots for occupancy by mobile homes.
Modular Home
: a factory-built structure which is to be used as a place of human habitation,
is constructed to comply with the Iowa state building code for modular factory-built
structures, as adopted and displays a seal issued by the Iowa State Building Code
Commissioner.
Moratorium
: a temporary halting of specific development activities for a specific timeframe.
Motel
:motel shall mean“hotel” as defined by this ordinance see Hotel.
Motor Freight Terminal
: A building or area in which freight brought by motor truck is
received, assembled or stored and dispatched for routing by motor truck which may include
motor truck storage.
Museum
: an institution devoted to the procurement, care, study, and display of objects of
lasting interest and value.
Nightclub
: a commercial establishment dispensing beverages for consumption on the
premises and in which dancing is permitted or entertainment is provided, except when
defined as adult entertainment. Also see Bar.
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Nonconforming Building
: a building or portion thereof which was lawful when established
but which does not conform to subsequently established zoning or zoning regulations.
Nonconforming Use
: a use lawful when established but which does not conform to
subsequently established zoning or zoning regulation.
Non-Farm Buildings
: all buildings except those buildings utilized for agricultural purposes
on a farm.
Nursery
: the use of a premises for the propagation, cultivation, and growth of trees, shrubs,
plants, vines, and the like from seed or stock, and the sale thereof, and including the sale of
trees, shrubs, plants, vines, and the like purchased elsewhere and transplanted into the soil of
the premises. In connection with the sale of plants, such fungicides, insecticides, chemicals,
peat moss, humus, mulches, and fertilizers as are intended to be used in preserving the life
and health of the plants may be sold.
Nursery School
: See definitionof Daycare Center.
Nursing or Convalescent Home
: an establishment providing full-time housing and care for
the aged or physically infirm, and not involving surgery, obstetrical services, or other major
medical services more commonly provided in hospitals or clinics. Such establishment may
involve usual convalescent or chronic care including bedside nursing care, administration of
medicines or special diets, application of bandages or dressings, and similar procedures.
Office, General
: a business establishment, or portion thereof, where consulting, record
keeping, bookkeeping and clerical work are performed, but not to include medical offices or
clinics.
Office, Medical
: a business establishment, or portion thereof, furnishing medical, surgical or
other service to individuals, including the offices of physicians, dentists, and other health
practitioners,accessory medical and dental labs, outpatient care facilities, blood banks, and
oxygen and miscellaneous types of medical supplies and services.
Official Map
: see Zoning Map, Official.
Office Park
: a large tract of land that has been planned, developed, and operated as an
integrated facility for a number of separate office buildings and supporting ancillary uses
with special attention to circulation, parking, utility needs, aesthetics, and compatibility.
Open Feedlot Operation
: an unroofed or partially roofed animal feeding operation if crop,
vegetation, or forage growth or residue is not maintained as part of the animal feeding
operation during the period that animals are confined in the animal feeding operation.
Open Space
: that part of a lot or parcel not devoted to buildings, structures, parking or
loading areas, driveways or any principal or accessory use.
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Open Space, Common
: a separate and distinct area set aside as open space within or related
to a development, and not on individually owned lots or dedicated for public use, but which
is designed and intended for the common use or enjoyment of the residents of the
development. Rights-of-way, private streets, driveways, parking lots or other surfaces
designed or intended for vehicular use or required yards shall not be included as common
open space.
Open Space, Usable
: an area of land or water or combination of land and water which may
include complimentary structures and improvements within the site, excluding space devoted
to parking, designed and intended for common use and enjoyment.
Outlet Store
: a commercial development that consists mostly of manufacturers’ outlet stores
selling their own brands at a discounted price. This definition includes all forms of centers,
such as strip style, enclosed mall style, and village clustered style centers.
Overlay District
: a district in which additional requirements act in conjunction with the
underlying zoning district.
Owner
: one or more persons, including corporations, who have title to the property, building
or structure in question.
Parcel
: a lot or a contiguous group of lots in single ownership or under single control, which
may be considered as a unit for purposes of development.
Park
: any public or private land available for recreational, educational, cultural, or aesthetic
use.
Parking, Off-Street
: all hard-surfaced areas other than public rights-of-way for the purpose
of parking vehicles.
Parking, On-Street
: the space designated for parking a vehicle within the paved portion of
the street right-of-way.
Parking Space
: a paved area, other than a street or alley, designed for the parking of a
vehicle.
Parking Structure
: a structure or portion thereof composed of one or more levels or floors
used exclusively for the parking of vehicles.
Parkway
: The area, excluding the sidewalk, if any, between the property line and the curb,
or in the absence of a curb, between the property line and the nearest edge of the street
paving.
Performance Guarantee
: a financial guarantee to ensure that all improvements, facilities, or
work required by this Code will be completed in compliance with these regulations as well as
with approved plans and specifications of a development.
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Permeable Pavement
: a hard surfaced pavement system with traditional strength
characteristics, but which allows rainfall to percolate through it rather than running off. For
purposes of this Code this does not include gravel, cinders, crushed rock or seal coat.
Permitted Use
: see Use, Permitted.
Person
: an individual, corporation, limited liability company, government or governmental
subdivision or agency, business trust, estate, trust, partnership or association, or any other
legal entity.
Personal Services
: Uses providing human services exclusively to private individuals as the
ultimate consumer. Personal services shall be limited to grocery shopping services, tailoring
and alterations, private household services and temporary personal in-home care.
Pet Daycare
: an establishment where a household pet can be left for a period of time less
than 24 hours; where kenneling does not occur.
Planned District
: A district with development characterized by a unified site development
plan which mayprovide for a mixture or combination of residential, recreation and open
space, and commercial uses, in accordance with the provisions of this ordinance.
Planned Unit Development (PUD)
: a planning process and district for the purpose of
providing for a unique and flexible arrangement of residential, business, or industrial uses in
accordance with an approved conceptual plan.
Plat
: a map showing the location, boundaries, and legal description of individual properties
prepared by a licensed land surveyor.
Plat of Survey
: a graphical representation of a survey of one or more parcels of land,
including a complete and accurate description of each parcel within the plat, prepared by a
licensed land surveyor.
Policy
: a statement or document of the City, such as the comprehensive plan, that forms the
basis for enacting legislation or making decisions.
Pony
: a small horse, especially one of any of several breeds of very small stocky animals,
noted for their gentleness and endurance.
Premises
: alot or zoning lot, together with all improvements thereon. tract of land,
consisting of one lot or irregular tract, or more than one lot or irregular tract, provided such
lots or tracts are under common ownership, contiguous, and used as a single tract. A building
or land within a prescribed area.
Preschool
: see Child Care Center, Licensed.
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PrincipalPermitted Use
:A main or predominant use maintained on a lot or premises. In
some districts, maintenance of more than one principal permitted use on a lot or premises
may bepermitted. see Use, Principal. Also see Building, Principal.
Processing or Assembly
: the preparation of material for efficient shipment, or to an end-
user’s specifications, by such means as baling, briquetting, compacting, flattening, grinding,
crushing, mechanical sorting, shredding, cleaning, and remanufacturing.
Prohibited Use
: see Use, Prohibited.
Property Line
: the legal, platted boundary of a lot or parcel of land.
Public Facility
: any building, location, or structure, owned by a public entity such as a
library, fire station, school, park, and other similar facilities and uses.
Public Use
: a specified activity or area that either through actual public ownership or through
dedication of easements allows the general public access and use.
Public Utility
: all or part of a waterworks, gasworks, sanitary sewage system, storm water
drainage system, electric light and power plant and system, heating plant, cable
communication or television system, telephone or telecommunications systems or services
offered separately or combined with any system or service specified herein or authorized by
other state law , any of which may be owned by a city, including all land, easements, rights
of way, fixtures, equipment, accessories, improvements, appurtenances, and other property
necessary or useful for the operation of the utility.
Public Utility Easement
: a portion of a lot or block in which the City and all public utilities
enfranchised by the City have a rightrite of passage and/or a right to install and maintain
pipes, wires, poles, conduits, and other equipment necessary to carry out public or quasi-
public services.
Quarry
: an excavation activity designed to mine, extract, or remove specific natural
resources for commercial purposes. This does not include underground mining and
extraction.
Racetrack
: a measured course where animals or machines are entered in competitions
against one another or against time.
Railroad
: the land use including the right-of-way abutting railroad properties occupied by
uses pertinent to the railroad operation and maintenance, but not including properties owned
by the railroad and leased for use by others.
Recreation, Indoor
: A facility for relaxation, diversion, amusement or entertainment in
which participants or customers are charged for use of the facilities, devices or equipment; all
such activity shall occur within the building or structure.
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Recreation, Outdoor
: A facility for relaxation, diversion, amusement or entertainment in
which the participants or patron customarily pay afee for the use of facilities, devices or
equipment; all or most of such activities shall occur on the exterior but within the property of
the facility.
Recorder
: the Dubuque County Recorder.
Recreational Facility
: indoor and outdoor facilities for the use by the public for passive and
active recreation including tennis, handball, racquetball, basketball, track and field, jogging,
baseball, soccer, skating, swimming, or golf. This shall include country clubs and athletic
clubs, but not facilities accessory to a private residence used only by the owner and guests,
nor arenas or stadiums used primarily for spectators to watch athletic events.
Recreational Vehicle (RV)
:Any units designed for living or sleeping purposes, permanently
equipped with wheels or permanently placed upon a wheel device for the purpose of
transporting from place to place. This shall include, but is not limited to, camping trailers,
campers, tent trailers, motor homes and tent campers. a vehicular unit designed for
recreational camping or travel use under its own power or designed to be mounted on or
drawn by a motor vehicle. Recreational vehicle includes motor home, truck camper, travel
trailer, camping trailer, and fifth wheel.
Recreational Vehicle Park
: a tract of land upon which two or more recreational vehicle sites
are located, established, or maintained for occupancy by recreational vehicles of the general
public as temporary living quarters for recreation or vacation purposes by campers,
vacationers, or travelers.
Redevelopment
: the act of rehabilitation or demolition of existing buildings and/or land area
irrespective of whether a change occurs in land use.
Residence
: a building used, designed, or intended to be used as a home or dwelling place for
one or more families.
Resource Recovery/Recycling Center:
Indoor and outdoor facilities for obtaining useful
materials or energy from solid waste or recycled materials. Materials can be reused for their
original purpose, packaged and shipped elsewhere, reprocessed for a different purpose or
converted into energy, not to include a biofuels plant or a salvage yard.
Restaurant, Drive-In/Carryout
: Any business establishment or portion thereof where food
is prepared for sale for consumption off the premises and/or served in disposable containers
or wrappers, including all fast food restaurants equipped with a drive-through service and/or
having a carryout service, and not serving beer, wine or alcoholic beverages.
Restaurant, Indoor
: Any business establishment or portion thereof where food is prepared
for sale for consumption on the premises, including all sit down restaurants, where food and
beverage are served in nondisposable containers and which may involve carryout service and
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the serving of beer, wine and alcoholic beverages on the premises of a limited nature as an
accessory use to the restaurant, as defined in this section.
Retail Commercial
: A stand-alone building with a large parking lot or a part of a larger
commercial center, with a gross floor area of 60,000 square feet or more, including but not
limited to department store, supermarket, wholesale club operation, discount store, general
merchandise retailer, specialized product store (i.e., electronics, building materials or pet
supplies), outlet store, general merchandise wholesaler open to the public, warehouse club,
and similar uses.
Retail Sales
: The sale of merchandise for direct consumption or use by the purchaser as an
ultimate consumer.
Retail Sales or Service
: establishments less than 60,000 square feet engaged in selling or
rentinggoods or merchandise to the general public for personal or household consumption
and rendering services incidental and/or services in conjunction or separate to the sale of
such goods. Retail sales/service establishments shall not include eating and drinking places,
uses defined as adult entertainment, vehicle sales or service, or wholesale, processing or
manufacturing operations with an accessory retail outlet on the premises.
Retention basin
: A facility for the temporary storage of stormwater with a permanent water
surface.
Rezoning
: an amendment to or change in the official zoning map.
Right-of-Way (ROW)
: an area or strip of land, either public or private, on which an
irrevocable right of passage has been dedicated, recorded, or otherwise legally established for
the use of vehicles, utilities and/or pedestrians.
Road
: see Street.
Rooming House
:Any building or portion thereof, containing 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. see Boarding or Rooming House.
Rummage Sale
: See definition of Garage Sale.
Salvage Yard
: any lot, land parcel, building, or structure or part thereof for storage,
collection, purchase, sale, salvage, or disposal including but not limited to: machinery,
appliances, farm equipment, and including motor vehicles, parts and equipment that are a
result of the dismantling or wrecking, or keeping of junk, including scrap metals or other
scrap materials.
Satellite Dish Antenna
: a parabolic antenna incorporating a reflective surface that is solid,
open mesh, or bar configured and is in the shape of a shallow dish, or cone and used to
transmit and/or receive radio or electromagnetic waves.
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Scale
: proportional relationship of the size of parts to one another and to the human figure.
Scenic Easement
: an easement for the purpose of limiting land development in order to
preserve a view or scenic area.
School, Pre- or Nursery
: a school or center for children under school age.
School, Elementary, Junior High, or Senior High
: public and other non-profit institutions
conducting regular academic instruction at kindergarten, elementary, and secondary levels.
Such institutions shall offer general academic instruction equivalent to the standards
prescribed by state law.
Screening
: a structure of planting that conceals from view from public ways the area behind
such structure or planting.
Selective Clearing
: the careful and planned removal or trees, shrubs, and plants using
specific standards and protection measures.
Self-Service Station
: establishment where motor fuels are stored and dispensed into the fuel
tanks of motor vehicles by persons other than the service station attendant and may include
facilities available for the sale of other retail products.
Separate Ownership
: ownership of a parcel of land by a person who does not own any of
the land abutting such parcel.
Service Station
:Any premises providing motor fuels, tires, accessories, lubricants and
maintenance repair services at retail direct to the motorist consumer. Service stations shall
not include major automotive repair such as tire recapping, bodywork, frame straightening,
welding, painting or storage of nonoperable vehicles a building and premise where the
primary use is the supply and dispensing at retail of motor fuels, lubricants, batteries, tires,
and motor vehicle accessories and where light maintenance activities such as engine tune-
ups, lubrications, and washing may be conducted, but not including heavy maintenance and
repair such as engine overhauls, painting, and body repair.
Setback
: theminimum horizontal distance required between a property line or roadway
easement line and thenearest portion of a structure to such property lineplacement of a
building or structure buildable area on a lot.
Setback Line, Building
: the minimum distance as prescribed by this regulation between any
property line or roadway easement line and the closest point of the building line or face of
any building or structure related thereto.
Setback, Front
: a line which defines the required minimum distance between a building or
structure and the right-of-way or roadway easement line. The front setback line shall be
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Section I –General Provisions Article 2 – Definitions
parallel with the right-of-way line or roadway easement line. Corner lots and double-frontage
lots shall have a front setback along both street frontages.
Setback, Rear
: a line which defines the required minimum distance between a building or
structure and the property line opposite the right-of-way line or roadway easement line. The
rear setback line shall be parallel with the rear property line except for corner lots and
double-frontage lots.
Setback, Side
: a line which defines the required minimum distance between a building or
structure and an interior property line, extending between the front and rear setback lines.
The side setback line shall be parallel with the nearest interior property line. For purposes of
accessory buildings and structures, the side setback shall be extended to the rear property
line.
Shopping Center
: a group of commercial establishments planned, constructed, and managed
as a total entity with customer and employee parking provided on-site, provisions for goods
delivery that is separated from customer access, aesthetic considerations, and protection from
the elements.
Shopping Center, Neighborhood
: a group of commercial establishments with off-street
parking on the property that are generally planned and developed as an architectural unit,
with a primary trade area of the neighborhood(s) in which it is located.
Shopping Center, Regional
: a group of commercial establishments with off-street parking
on the property that are planned and developed as an architectural unit, a centrally
managed facility requiring a highway or arterial location for their most beneficial operation;
the market area of which includes the metropolitan area.
Shrub
: a multi-stemmed woody plant other than a tree.
Sidewalk Café
: an area adjacent to a street level eating or drinking establishment located
within the public pedestrian walkway and used exclusively for dining, drinking, and
pedestrian circulation. The area may be separated from the public sidewalk by railings,
fencing, or landscaping or a combination thereof to maintain the required public sidewalk
access..
Sight Triangle
: see Visibility Triangle.
Similar Use
: the use of land, buildings, or structures of like kind or general nature with other
uses within a zoning district as related to bulk, intensity of use, traffic generation and
congestion, function, public services requirements, aesthetics or other similarities.
Simple Division
: any division of land in which no new streets, public or private, are
proposed, which does not require the construction of any public improvements, and which
creates fewer than three lots.
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Section I –General Provisions Article 2 – Definitions
Site Plan
: a plan, prepared to scale, showing accurately and with complete dimensioning, the
boundaries of a site and the location of all buildings, structures, uses, drives, parking,
drainage, utilities, landscape features, and other principal site development improvements for
a specific parcel of land.
Skate Park
: a recreational facility containing ramps and other obstacle courses and devices
for use with skateboards and skates.
Skateboard Pipe
: a structure which is shaped into a half circle or oval, thatoval that is
designed and principally intended to permit persons on skateboards to move continuously
from one side to the other.
Skateboard Ramp
: a structure with an upward inclined surface, essentially one of the sides
of a pipe, which are designed and principally intended to permit persons on skateboards to
move from horizontal to vertical and back to horizontal.
Specialized Product Store
: a retail commercial use that typically merchandises products of a
similar nature such as, but not limited to electronics, jewelry, greeting cards.
Spot Zoning
: the zoning of a small land area for a use which differs measurably from the
zoned land use surrounding this area. Land may not merely be so zoned in the interest of an
individual or small group, but must be in the general public interest.
Stadium
: a large, usually open structure for sports events with tiered seating for spectators.
State
: the State of Iowa.
Storage
: the keeping, in a roofed or unroofed area, of any goods, material, merchandise, or
vehicles.
Storm Drain
: conduit that carries natural storm and surface water drainage but not sewage
and industrial wastes, other than unpolluted cooling water.
Stormwater Detention
: any storm drainage technique that retards or detains runoff, such as
a detention or retention basin, parking lot storage, rooftop storage, porous pavement, dry
wells, or any combination thereof. Said detention shall be designed by a licensed professional
engineer and approved by the City.
Stormwater Management
: the collecting, conveyance, channeling, holding retaining,
detaining, infiltrating, diverting, treating, or filtering of surface water, or groundwater, and/or
runoff, together with applicable managerial (non-structural) measures.
Stormwater Retention Area
: an area designed by a licensed professional engineer and
approved by the City to retain water to control the flow of stormwater.
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Section I –General Provisions Article 2 – Definitions
Stormwater Runoff
: surplus surface water generated by rainfall that does not seep into the
earth but flows over land.
Story
: that portion of a building included between the upper surface of any floor and the
upper surface of the floor next above, except that the topmost story shall be that portion of a
building included between the upper surface of the topmost floor and the ceiling or roof
above. If the finished floor level directly above a usable or unused underfloor space is more
than six feet above grade as defined herein for more than 50 percent of the total perimeter or
is more than 12 feet above grade as defined herein at any point, such usable or unused
underfloor space shall be considered as a story.
Story, First
: the lowest story in a building which qualifies as a "story", as defined herein,
except that a floor level in a building having only one floor level shall be classified as a first
story, provided such floor level is not more than four feet below grade, as defined herein, for
more than 50 percent of the total perimeter, or more than eight feet below grade, as defined
herein, at any point.
Street
: a public thoroughfare, right-of-way or roadway easement dedicated, deeded, or
recorded for use as such, other than an alley, which affords the principal means of access to
abutting property including avenue, place, way, drive, lane, boulevard, highway, road and
any other thoroughfare except as excluded in this Code.
Street, Arterial
: a street primarily intended to carry traffic from one part of the City to
another and secondarily intended to provide access to abutting properties.
Street, Collector
: a street primarily intended to gather traffic from a subdivision and carry it
to an arterial street, but also intended to provide direct access to abutting properties.
Street, Cul-De-Sac
: a local street terminating in a turnaround and having only one outlet.
Street, Local
: a street intended to provide direct access to abutting properties.
Street, Private
: a platted and recorded lot of common ownership, usually by a property-
owner association, not dedicated to the City, giving access to the other lots of the subdivision
and to the adjoining street pattern.
Street, Public
: a dedicated, platted, recorded and accepted passageway for public travel.
Street Centerline
: the centerline of a street right-of-way as established by official surveys.
Street Frontage
: see Frontage, Street.
Street Hardware
: man-made objects other than buildings that are part of the streetscape;
examples include: lamp posts, utility poles, traffic signs, benches, litter containers, planting
containers, letter boxes, fire hydrants.
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Section I –General Provisions Article 2 – Definitions
Streetscape
: the scene as may be observed along a public street or way composed of natural
and man-made components, including buildings, paving, plantings, street hardware, and
miscellaneous structures.
Structure
: anything constructed orerected with a fixed location on the ground, or attached to
something with a fixed location on the ground built above ground, any edifice or building of
any kind, or any piece of work artificially built up or composed of parts joined together in
some definite manner, which requires location on the ground or is attached to something
having a location on the ground, including but not limited to buildings, mobile homes, walls,
fences, billboards, poster panels, above ground storage tanks, and similar uses.
Structure, Temporary
: a building or structure erected for a one-time temporary use, lacking
a permanent foundation, connections to water and sewer, and generally having open walls,
distinct from a permanent structure which must meet adopted building codes.
Structural Alteration
: any change in the supporting members of a building, such as bearing
walls, columns, beams, or girders, or any complete rebuilding of the roof or the exterior
walls.
Subdivision:
:a division of a lot, block, tract, or parcel of land into two (2) or more lots or
other division including all changes in street lines or lot linesAa tract of land divided into
three or more lots.
Subdivision Plat
: a graphical representation of the subdivision of land, prepared by a
licensed land surveyor, having a number or letter designation for each lot within the plat and
a succinct name or title that is unique.
Supermarket
: a retail food establishment primarily selling prepackaged and perishable food
as well as convenience and household goods and having a gross floor area of 60,000 square
feet or more.
Swale
: See drainageway.
Tanning Studio
: any business that uses artificial lighting systems to produce a tan on an
individual’s body. These facilities may be either a stand-alone business or as an accessory
use in spas, gymnasiums, athletic clubs, health clubs, and styling salons.
Tattoo Parlor and Body Piercing Studio
: an establishment whose principal business
activity is the practice of tattooing and/or piercing the body of paying customers.
Tavern
: see Bar.
Temporary Shelter
: A structure used as a day facility or temporary dwelling for abuse
victims, transient or homeless individuals, but not including orphanages or foster homes,
operated by a nonprofit religious, educational, or philanthropic institution.
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Section I –General Provisions Article 2 – Definitions
Temporary Use
:see Use, Temporary.
Terrace
: raised earthen embankment with the top leveled. A terrace may be supported by a
retaining wall.
Theater
: a building or structure used for dramatic, operatic, motion pictures, or other
performance, for admission to which entrance money is received. This use is not included
with any type of adult establishment.
Theme Park
: see Amusement Park.
Tour Home
: a residence usually of major local or regional historical or architectural interest
visited on a regularly scheduled basis by an organization or tour company for a fee.
Tourist Home
: a private home which isrented to tourists or travelers.
Tower
: a structure situated on a site that is intended for transmitting or receiving television,
radio, or telephone communications. Also see Antenna.
Townhouse
:Any series of two (2) or more laterally attached single-family dwellings in
which each dwelling has separate access, utilities services and in which no dwelling is placed
on top of another. a one-family dwelling unit, with a private entrance in a group of three or
more units, which part of a structure whose dwelling units are attached horizontally in a
linear arrangement, and having a totally exposed front and rear wall to be used for access,
light, and ventilation.
Transit Facility
: a small-scale covered waiting area for buses, taxis, and mass transit stops,
typically with a separate loading lane.
Tree
: any self-supporting woody plant growing upon the earth that usually provides one
main trunk and produces a more or less distinct and elevated head with many branches.
Tree Cover
: an area directly beneath the crown and within the dripline of the tree.
Upzoning
: a change in zoning classification of land to a more intensive or less restrictive
district such as from residential district to commercial district or from a single family
residential district to a multiple family residential district.
Use
: the purpose or activity for which land and/orthe buildingsthereon are designed,
arranged, or intended or for which land or buildings are occupied or maintained.
Use, Accessory
: a usewhich is clearly incidentalto and customarily found in connection
with the principal use of the premises and which is located on the same lot as the principal
use, related, appropriate and clearly subordinate to the main use of the lot or building, which
accessory use does not alter the principal use of the subject lot or affect other properties in
the district.
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Section I –General Provisions Article 2 – Definitions
Use, Conditional
: a use which is permitted in a district only upon a finding by the Board of
Adjustment at a public hearing that specific conditions as established by this Ordinance are
present and can be met. where allowed by the district regulations, that would not be
appropriate generally throughout the zoning district without restrictions, but which, if
controlled as to number, size, area, location, relationship to the neighborhood or other
minimal protective characteristics would not be detrimental to the public health, safety, and
general welfare.
Use, Permitted
: any land use allowed without condition within a zoning district.
Use, Principle
: the main use of land or structure, as distinguished from an accessory use.
Also see Building, Principal.
Use, Prohibited
: any use of land, other than nonconforming, which is not listed as a
permitted use or conditional use within a zoning district.
Use, Temporary
: impermanent uses of an occasional nature not exceeding six months'
maximum duration. Temporary uses shall not involve the use of permanent structures,
permanent signs or portable signs. Uses of a seasonal nature that recur periodically on a
regular basis on the same site and reoccupy the same permanent building shall not be
considered temporary uses.
Utility Easement
: see Easement.
Utility Service
: any device, including wire, pipe, and conduit, which carries gas, water,
electricity, oil, wastewater and communications into a building or development.
Variance
: alimited exception relief from or variation from the strict application of the bulk
regulations, as applied to a specific piece of property, which may be granted by the zoning
board of adjustment according to thestandards of section 5-3.5 of this ordinance provisions
of this code.
Vehicle
: a vehicle shall be broadly interpreted to mean any implement of conveyance
designed or used for the transportation of people or materials on land or wateror air,
including, but not limited to, automobiles, trucks, bicycles, motorcycles, snowmobiles, boats,
airplanes, helicopters, trailers, campers, wagons, etc.
Vehicle Body Shop
: a facility which provides vehicle collision repair services, including
body frame straightening, replacement of damaged parts, and painting, but does not include
mechanical engine or power train repair.
Vehicle Sales
: the storage and display for the retail or wholesale sale, rental, or lease of more
than two new or used vehicles, and which may include facilities for the incidental repair or
body work of vehicles.
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Section I –General Provisions Article 2 – Definitions
Vehicle Service or Repair
: a facility providing major vehicle repair such as tire capping,
bodywork, frame straightening, welding, painting, storage of nonoperable vehicles and the
sale of motor fuels, tires and lubricants for retail sale directly to the motorist consumer. As an
accessory use, the selling of vehicles with salvage titles may occur on a limited basis
provided they are stored in a building. Vehicles with salvage titles may be stored in the rear
yard of the property provided the vehicles are not stacked on top of other vehicles and
materials and are permanently screened from view to a height of at least six feet with at least
50 percent opacity. The sale of used parts other than as an incidental part of the business is
prohibited.
Warehouse
: a building used primarily for the storage of goods and materials.
Warehouse Club Operation
: an establishment or place of business primarily engaged in
selling and/or distributing merchandise to retailers; to industrial, commercial, institutional, or
professional business users, or to other wholesalers; or acting as agents or brokers and buying
merchandise for, or selling merchandise to, such individuals or companies. This is not
considered a general commercial use.
Warehouse, Distribution
: use engaged in storage, wholesale, and distribution of
manufactured products, supplies, and equipment.
Wetland
: those areas that are inundated or saturated by surface or ground water at a
frequency and duration sufficient to support, and that under normal circumstances do
support, a prevalence of vegetation typically adapted for life in saturated soil conditions.
Wetlands may include, but are not limited to, swamps, marshes, and bogs.
Wholesale Club
: a retail store that sells a limited assortment of merchandise to customers
who are "members" of the club.
Wholesale Establishment
:a business an establishment for the on-premises sales of goods
primarily to customers engaged inselling to retailers or distributors rather than to consumers
the business of reselling the goods.
Wholesale Trade
: a use primarily engaged in selling merchandise to retailers; to industrial,
commercial, institutional, farm or professional business users; or to other wholesalers; or
acting as agents or brokers in buying merchandise for or selling merchandise to such persons
or companies. The principal types of establishments included are: Merchant wholesalers;
sales branches and sales offices (but not retail stores) maintained by manufacturing
enterprises apart from their plants for the purpose of marketing their products; agents,
merchandise or commodity brokers, and commission merchants; petroleum bulk storage,
assemblers, buyers, and associations engaged in cooperative marketing of farm products. The
chief functions of uses in wholesale trade are selling goods to trading establishments, or to
industrial, commercial, institutional, farm and professional; and bringing buyer and seller
together. In additional to selling, functions frequently performed by wholesale establishments
include maintaining inventories of goods; extending credit; physically assembling, sorting
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Section I –General Provisions Article 2 – Definitions
and grading goods in large lots, breaking bulk and redistribution in smaller lots; delivery;
refrigeration; and various types of promotion such as advertising and label designing.
Wildlife Conservation Area
: an area dedicated to conservation of wildlife and wildlife
habitat.
Window
: an opening in the wall of a building for the transmission of air or light, or both,
commonly fitted with a frame in which are set movable or nonmoveable sashes containing
panes of glass or plastic, whether transparent or translucent, and is viewable from the interior
of the building.
Xeriscaping
: landscaping characterized by the use of vegetation that is drought-tolerant or a
low water use in character.
Yard
: a required open space which is unoccupied and unobstructed by any structure or
portion thereof from the natural ground level to the sky, except as otherwise provided in this
Code.
Yard, Front
: the required yard area between a principal building and the right-of-way line or
roadway easement line, and extending between side lotinterior property linesacross the front
of a lot adjoining a street.In the case of corner lots andthroughlots, front yards shall be
required at all frontages of the lot. The depth of required front yard shall be measured at right
angles to the front property line. The required front yard line shall be parallel to the front
property line.
Yard, Rear
: the required yardarea between a principal building and the property line
opposite the right-of-way line or roadway easement line, and extending across the rear of the
lotbetweeninnersideyardinterior property lines. In the case of corner lots andthrough
double-frontagelots, there will be no rear yards, but only front and side yards.Depth of
required rear yards 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 to the rear
property line.
Yard, Required:
See setback.
Yard, Side
: the yardarea between a principal building and an interior property, and
extendingfrom the rear line of the requiredbetween the front yard to theand rear property
lineyard. In the case ofthroughdouble-frontagelots, side yards shall extend from the rear
lines ofbetween the front yardsrequired. 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 manner that the yard established is a strip of the minimum
width required by district regulations with its inner edge parallel to the side propertyline.
Yard, Special
: a required yard other than the required front yard so oriented that neither the
terms "side yard" nor "rear yard" clearly apply. In such cases the city planner shall determine,
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Section I –General Provisions Article 2 – Definitions
based on topography, location, orientation and pattern of adjacent structures and
development which yard requirement is more appropriate.
Zoning District
: a section of the city in which zoning regulations and standards are uniform.
Zoning Map, Official
: map delineating the boundaries of zoning districts which, along with
the zoning text, is officially adopted by the Dubuque City Council and on file in the office of
the Planning Services Department.
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Section II – Land Use Regulations Article 3 – General Provisions
SII–LUR
ECTION ANDSEEGULATIONS
Article 3: General Provisions
3-1 Provisions of Code Declared to be Minimum Standards
In their interpretation and application, The provisions of this Codeshall be held to bearethe
minimum requirements forthe promotion ofpromotingthepublic health, safety,morals,
sustainability, convenience, comfort, prosperity and general welfare of the community.
3-2 General Lot Size Requirements and Standards
Except as may be otherwise specifically provided in this Ordinance:
A.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
except upon such a lot. No building shall be built upon a lot without the required
minimum frontage along an improved private or public street built to minimum City
street standards. No building shall be built upon a lot without a City approved driveway
access to a public or private street or alley.
3.3 Application and Scope of Regulations
B.No building, structure, or part thereof, shall hereafter be built, moved orremodeled
altered, and no building, structure or land shall hereafter be used, or occupied, arranged,
or designed for use or occupancy on a zoning upon a 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.
C.No existing building or structure shall hereafter be built or remodeled altered so as to
conflict or further conflict with this Code.
D.Number of Buildings, Structures, and Uses Allowed per Zoning Lot:Bulk Regulations:
This Ordinance expresses bulk regulations in terms of maximum building or structure
height, maximum lot coverage, and minimum front, side and rear yards. Unless
permitted elsewhere in this Ordinance, 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 occupancyso as to exceed the maximum
building or structure height, or maximum lot coverage specified for the zoning district in
which the building or structure is located.
E.Within residentialand office-residential districts, only one principal permitted use or
building structure shall be located 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. In other districts, any number ofbuildings structures or uses permitted by
this Code may beestablished built, moved, altered, used or occupied, provided that the
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Section II – Land Use Regulations Article 3 – General Provisions
individual district regulations can be met, except that for any building used primarily for
residential purposes, the provisions of Section 2-6.1 of this Ordinance shall apply.
Planned districts (PR, PC, and PI) are exempt from the provisions of Section 2-6.1 and 2-
E.
6.2 of this Ordinance.
3-4 Reduction in Lot Area Prohibited
Noyard or lot existing on the effective date of this Code shall be 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 established by this
Ordinance.
3-5 Obstructions to Vision at Street Intersections Prohibited
A.On any corner lot, a visibility triangle shall be provided in which nothing shall be -
erected, placed, planted or allowed to grow as to materially impede vision from
within motor vehicles, between a height of two feet (2’) and eight feet (8’) above the
average grades of the intersecting property lines, in the area bounded by said lines,
and a line joining the points of such property lines at a distance of ten feet (10’) from
the intersection.On any corner lot, a visibility triangle shall be provided in which
nothing shall be erected, placed, plantedor allowed to grow as to materially impede
vision from within motor vehicles, between a height of two feet and eight feet above
the average grades of the intersecting property lines.
B.On any lot, except for those with single-family detached dwellings, duplexes or
townhouses of not more than two units, a visibility triangle shall be provided in which
nothing shall be erected, planted or allowed to grow so as to materially impede vision
from within motor vehicles, between a height of two feet (2’) and eight feet (8’)
above the average grades of the intersecting property line and driveway edge, in an
area bounded by said lines and a line joining the points of said property line and
driveway edge at a distance of ten feet (10’) from the intersection.
Visibilitytriangles shall also be provided at any vehicular access to a public way,
C.
except for any single-family detached dwellings, duplexes and townhouses of not more
than two units. In such case, the measurement shall be taken at the intersection of the
front property and the edges of the driveway.
3-56 Yard Requirements
D.
A.All yards required by this Code shall be provided and remain as open, unobstructed space
except as permitted in Section 2-7.1 of this Ordinance.
B.No part of a yard, or open space, off-street parking, or loading space requiredin
connection with any building for the purpose of complying with this ordinanceby this
Code for any structure shall be included as part of a yard,oropen space, off-street
parking, or loading space for any other buildingstructure, unless otherwise allowed by
this Code.
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Section II – Land Use Regulations Article 3 – General Provisions
C.The following may be located within an otherwise required yard provided they are used
in conjunction with a use permitted in the underlying zoning district:
1.All Required Yards: Awnings, shutters, canopies; arbors and trellises; swimming or
wading pools less than 18 inches deep; play equipment; chimneys projecting not more
than 24 inches into the required yard; flagpoles; steps necessary for access to a
Section3-19
building or lot; fences and walls as provided in hedges and other
vegetation, and accessibility ramps and landings, except that landings which exceed
five feet in any horizontal dimension shall meet setback requirements. Poles, posts,
and other customary yard accessories, ornaments, and furniture may be located in any
yard subject to requirements limiting obstruction of visibility and height limitations.
2.Required Front Yards: Bay windows, oriels, or balconies projecting not more than
five feet into the required front yard; overhanging eaves and gutters projecting into
the required front yard not more than one-third the distance to the front property line
from an exterior wall; off-street parking, except that ten feet of clear visibility shall be
maintained on corner lots in accordance with Section 4-4.6 of this ordinance.
3.Required Rear Yards: Accessory uses, buildings or structures as permitted by
Sections 3-63-7
and ;attached or detached enclosed open and unroofed off-street
parking spaces,balconies, breezeways, open unroofed porches,patios and terraces
and decks; bay windows projecting not more than five feet into the required rear yard;
overhanging eaves and gutters projecting into the required rear yard not more than
one-third the distance to the rear property line from an exterior wall.
4.Required Side Yards. Accessory uses, buildings or structures as permitted by
Sections 3-63-7
and ; overhanging eaves and gutters projecting into the required side
yard not more than one-third the distance to the side property line from an exterior
Article 14
wall; open off-street parking, except as provided for in .
5.Continuing Maintenance Required: The maintenance of any yard, open space,
4.
minimum lot area, or off-street parking spaces required by this Ordinance 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, structure 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 addition, no yard or lot existing at the effective date
of this Ordinance (March 18, 1985) 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.
3-6 Accessory Structures and Uses in Residential and Office Residential Districts
5.
3-6.1 Accessory Structures and Uses Permitted
In residential and office residential districts Accessory structures and uses shall only be
permitted as specifically authorized within each individual district of this ordinance. No
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Section II – Land Use Regulations Article 3 – General Provisions
accessory use shall be deemed to be authorized by this ordinance unless such use is , and
shall be subordinate to and on the same zoning lot with the principal structure or use in
conjunction with which it is maintained.
3-6.2 Bulk Regulations
A.Location: No accessory use, building or structure permitted by this Code may be located
in a required front yard, except as otherwise specifically authorized. No accessory
building structure, equipment or material of any kind exceeding five feet in height may
be located in a required side yard.If satellite receiving dishes are attached to a roof of a
principal building then the height of said structure shall not exceed the highest point of
the building on which it is mounted. Roof mounted satellite receiving dishes shall be
limited to six feet in diameter.
B.Accessory Use/Structure Coverage: The lot coverage of permitted accessory uses and/or
buildings structures and the principalbuilding structure it serves shall be calculated
together for the purpose of complying with the specified lot coverage as a percent of lot
areaper each district. The maximum lot coverage shall not be exceeded within the district
in which it is located and in no case shall permitted accessorybuildings structures or uses
exceed the lot coverage of the principalbuilding structure it serves, with a maximum of
1,000 aggregate square feet for all detached structures.
C.AccessoryBuilding and Structure Height Limitations: No accessorybuilding structure
permitted by this Code shall exceed a height of 15 feet measured from ground level
expand to include average grade level language found elsewhere., except that for wind
generators, no rotating or moving portion of the structure shall be closer than eight feet
(8’) to ground level unless a four foot (4’) fence is provided around said structure
regardless of whether or nota perimeter property fence is existing. Satellite receiving
dishes, wind energy conversion systems, and building-mounted wind turbines shall
Section Article 7
comply with the bulk regulations of .
D.Side and Rear Yard Setbacks: Side yard setbacks for all permitted accessory
C.
buildings, structures or uses shall be the same as required for the principal permitted use
in the bulk regulations section of the specific zoning district. Rear yard setbacks for all
permitted accessory structures or uses shall be six feet for all zoning districts. Side and
rear yard setbacks for detached storage sheds no larger than 120 square feet in area shall
be three feet for all zoning districts, provided such structure is located at least six feet
from the primary structure.
3-6.3 Residential Use Prohibited
No accessory structure may be used for residential dwelling purposes at any time, except as
allowed in Article 8-5.
4-1.5 Site Plan Approval for Certain Accessory Uses. The following accessory uses are
conditions established herein shall require site plan approval in accordance with Section 4-4
of this Ordinance prior to their establishment on the premises.
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Section II – Land Use Regulations Article 3 – General Provisions
A.Greenhouses over one hundred (100) square feet in area.
B.Wind Generators
C.Satellite receiving dishes, provided that:
a.Not morethan one ground-mounted dish shall be placed on any lot less than
one-half (1/2) acre; and
b.Dishes shall not exceed ten feet (10’) in diameter; and
c.Dishes shall be made of noncombustible and corrosive resistant material and
erected in a secure, wind resistant manner according to the specifications of
the building official; and
d.Dishes shall not be used as signs or billboards (on or off premises signs); and
e.Ground-mounted dishes shall only be permitted in rear yards, except that on
corner lots disdhes shall be allowed in side yards; and
f.Roof-mounted satellite dishes shall be allowed in all nonresidential districts
provided that the additional requirements shall apply:
i.The height does nto exceed the maximum height restriction of
3-7 Accessory Structures and Uses in All Other Zoning Districts
In all other zoning districts, accessory structures and uses shall be permitted with or without
conditions if the City Planner deems the structure or use customarily incidental to and
subordinate to the principal structure or use it serves. Such structures and uses within
nonresidential districts shall comply with the specific bulk regulations listed within the
district in which it is located, except that gas and service stations shall be allowed pumps,
pump islands and canopies in a required front yard subject to site plan review, and satellite
Section 7.
receiving dishes shall comply with the requirements established in Article02.15 -
2.14 and wind turbines (building-mounted) shall comply with the requirements established in
Section 7-3.7.
3-8Site Plan Approval for Certain Accessory UsesAccessory Uses Subject to
AdditionalSite Plan Review
The following accessory usesand conditions established herein shall require site plan
Article 12
approval in accordance with and, where applicable, compliance with additional
Article 7
supplemental land use regulations as established in , prior to their establishment on
the premises:
A.Greenhouses over one hundred (100) square feet in area
B.Wind generators Wind energy conversion systems
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Section II – Land Use Regulations Article 3 – General Provisions
C.Satellite receiving dishes
D.Swimming pools
3-9Structures permitted above the height limits Permitted Modifications of
E.
Height Restrictions
The following may exceed the prescribed height limit provided they are required for a use
permitted in the district in which they are erected or constructed: chimneys, cooling towers,
condensers, elevator bulkheads, belfries, stacks, ornamental towers, monuments, cupolas,
domes, spires, and other necessary mechanical appurtenances and their protective housing
but not to include equipment penthouse that constitutes more than 30% of the roof area..
Churches, however, may be erected to a height not exceeding seventy five feet (75’),
provided that such buildings shall provide at ;east one additional foot of yard space on all
sidesfor each additional foot by which such building exceeds the maximum height limit of
the district in which it is located.
3-10. Reserved.
3-11 Fees
Any application for action taken under this Code shall be submitted along with the required
fee, as established by resolution of the City Council. All required fees shall be submitted to
the City Planner for deposit with the City Treasurer. No fee is required for applications filed
in the public interest by members of the City Council, Zoning Advisory Commission, Zoning
Board of Adjustment, City Manager, or other City Department.
3-12 Prohibited Uses
Uses not listed within this Code shall be prohibited, except that uses similar in nature and
intensity to those specifically listed may be allowed, provided the City Planner determines
that such use presents a character and compatibility consistent with other uses in the same
zoning district, and is consistent with the spirit and intent of this Code.
3-13 Exemption from Regulation
The following structures or uses are exempt from the regulations of this Code and shall be
permitted in any district:
A.Poles, wires, cables, conduits, vaults, laterals, pipes, mains, valves, or any other similar
equipment for transmission or distribution to customers of telephone or other
communication services, electricity, gas, steam or water, or the collection of sewage or
surface water, operated or maintained by a public utility.
B.Individually owned residential antennas not including satellite receiving dishes over four
(4) feet in diameter.(see Accessory Structures).
Dubuque, IA UDCAdopted 00/00/000 51
Section II – Land Use Regulations Article 3 – General Provisions
C.Railroad tracks, signals, bridges and similar facilities and equipment located on a railroad
right of way.
D.Communication towers used to transmit and/or receive television, radio, cellular, or other
communication signals shall not be exempt from this Code.
3-14 Off-Street Parking and Loading Requirements
E.
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 required by the provisions of Article 14 in this Code are provided. No
structure or use already established on the effective date of this Code shall be enlarged,
expanded or increased in area or intensity of use unless the minimum off-street parking and
loadingspaces which would be required by the provisions of this Code for such enlargement,
expansion or increase in area or intensity of use are provided.
3-15 Public Buildings and Uses
All buildings, structures, signs, or uses owned or operated by the Citynot exempted by
Section 2-5.8 of this Ordinance shall be exempt from the regulations of this Code and shall
be permitted in any district, provided a site plan is submitted and approved in accordance
Article 12
with the provisions of .
3-16 Adjustment of Front Yard Setbacks in R-1, R-2, R-2A, and R-3 Districts
The required front yard setback may be adjusted by the City Planner as follows.
A.Interior lots: Where dwellings exist on both abutting lots and both have setback less than
required by the underlying zoning district, the setback for the interior lot need not exceed
the average of the setbacks of the two abutting dwellings. Where dwellings exist on both
abutting lots and only one has a setback less than required by the underlying zoning
district, the setback for the interior lot need not exceed the average of the required
setback and the smaller setback.
B.Corner lots: Where a dwelling exists on an abutting lot and has a setback less than
A.
required by the underlying zoning district, the setback for the corner lot need not exceed
the setback of the abutting lot on the same street frontage, provided the required visibility
triangle is maintained.
C.In no event shall any structure extend beyond the front property line of a lot.
3-17. Limited Setback Waiver
A.The purpose of the limited setback waiver for one and two-family residential structures
that meet the following criteria established by the City Council is to encourage
reinvestment and infill housing, and to maintain property values in the City’s residential
neighborhoods. The City Planner shall issue a waiver only for such setback adjustments
that meet the following criteria. No public hearing or Zoning Board of Adjustment
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Section II – Land Use Regulations Article 3 – General Provisions
Review shall be required if the following criteria can be met. If these criteria are not met,
then the applicant still has the opportunity to apply for a special exception form the
Zoning Board of Adjustment, in which case the criteria for the special exception, not the
limited setback waiver, would apply.
B.The limited setback waiver requested is 33.3 percent or less of the required setback(s).
A.C.That all abutting property owner(s), including property owners directly across the
street, agree(s) to the setback waiver(s) on a notarized letter stating they have no
objection to the request.
B.D.The setback waiver requested for an additional or an accessory structure is the same
or greater than the setback(s) of the existing structure.
E.The setback waiver request for reconstruction of an addition or an accessory structure
C.
is the same or greater than the setback(s) of a previously existing structure that has been
removed.
3-18 Temporary Uses
C.
Within any zoning districtestablished by this Ordinance, temporary uses shall bepermitted
allowed only as listed as a temporary use within the zoning district in which the proposed
temporary use is located,but only provided that:
A.A site plan, indicating the proposed use,length of stay its duration, off-street parking, and
traffic circulation be submitted with the appropriate filing fee as established inSection 7
of this Ordinance by resolution of the City Council and approved by signature of the City
PlannerCity Planner except as otherwise provided for in the district regulations. For
allowed temporary uses, the City Planner City Planner may waive site development
standards for the duration of the temporary use; and
B.The use is of a limited and temporary duration, and in no case,will shall exceed six
months per calendar year unless the City Planner City Plannergrants an extension upon
showing of good cause. The City Planner City Plannermay grant a maximum of two 90-
day extensions; and
C.The use will serve a public need or contribute to the public convenience and welfare; and
D.The use bears some functional or other beneficial relationship to a permitted use within
the district; and
E.The use will not be likely to interfere with the appropriate use and enjoyment of nearby
properties that may be affected by its operation.
3-19Construction Promotion Activity
F.
A.Within any lot subject to a valid building permit, temporary construction buildings,
storage trailers, materials, and/or equipment, including a temporary batch plant, necessary
for construction authorized by a valid building permit, shall be permitted, provided the
location of the building, trailer, materials, equipment, and batch plant has been approved
by the building official.
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Section II – Land Use Regulations Article 3 – General Provisions
B.Within any platted subdivision, the following uses shall be permitted:
1.A subdivision sales office under the following conditions:
i.The purpose of the subdivision sales office shall be to promote the sales of lots or
homes in the subdivision;
ii.Any office or similar premises used in connection with the subdivision sales
office shall be located within a subdivision display home and no exterior
reconstruction or any permanent alteration of the display home shall be permitted
in establishing the subdivision sales office;
iii.There shall be no sign on the premises other than those permitted by this Code;
iv.The subdivision sales office may continue for a period of one year from the
issuance of the first building permit to a builder, contractor, or subdivider within
the subdivision. A renewal permit may be issued by the Building Services
Department Official to allow continuation of the subdivision sales office after an
evaluation of the location of the subdivision sales office, the type of development
in the immediate area, and the effect of the sales office on the adjacent area.
2.Subdivision display homes which do not contain any subdivision sales offices or
1.
continuing sales activities or continuing displays, shall exempt from this section.
3-20 Fences Located on Residential Lots
2.
3-20.1 Residential Districts
On any residential lot, fences may be erected to a height of seven feet in all yards except that
fences erected in required front yards shall not exceed four feet in height provided that 10
SectionArticle
feet of clear visibility shall be maintained on corner lots in accordance with
3-5.
Fences surrounding pools shall also comply with all applicable standards required by the
Building Code.In an historic district, fences that exceed the height limitations may be
permitted as conditional uses where the height, material, composition and general appearance
of the fence is appropriate to the property in that historic district and the other application
standards for conditional use permits are met.
3-20.2Fences Located at Schools or in NonresidentialOther Districts
Fences surrounding school yards or located in othernonresidential zoning districts shall be
SectionArticle 3-20.1.
exempt from the provisions of provided that visibility at intersections
Section Article 3-5
is not hindered in accordance with .
3-20.3 Barbed Wire and Electric Fences
Barbed wire and electric fences shall not be permitted below eight feet in height, except
when used in the AG District for purposes of containing livestock.
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Section II – Land Use Regulations Article 4 –Nonconformities
Article 4: General Statement of IntentNonconformities
It is the intent of this Code to recognize the legitimate interests of owners of lawful
nonconformities by allowing such lawful nonconformities to continue, subject to the
provisions contained herein. At the same time, it is recognized that lawful nonconformities
may substantially and adversely affect the orderly development, maintenance, use and
taxable value of other property in the same zoning district, property that is itself subject to
the regulations and terms of this Code. In order to secure eventual compliance with the City's
comprehensive plan and with the standards of this Code, it is therefore necessary to carefully
regulate lawful nonconformities and to prohibit the reestablishment of such nonconformities
that have been discontinued.
4-1 Nonconformities Generally
A.Within the zoning districts established by this Code or its subsequent amendment, there
existuses,lots,andstructures, uses of land, uses of structures, uses of land and structures
in combination, and characteristics of use, which were lawful before this Code was
adopted or amended, but which would now be prohibited, regulated or restricted under
the terms of this Code or its subsequent amendment. Such instancesnonconformities shall
hereafter be considered lawful nonconformities.
B.To avoid undue hardship, nothing in this Code 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 adoption or amendment of this Code and upon which actual
building construction has been carried on diligently.
C."Actual building construction" is hereby defined to include the placement of construction
materials in permanent position and fastened in a permanent manner.
4-2 Nonconformity Created by Change in Law or Boundary
D.
Whenever a use, lot, or structure becomes nonconforming due to a change in this Code or the
zoning district boundaries, such use, lot, or structure may be continued in conformance with
this Article.
4-3 Effect on Nonconformities that were Illegal under Prior Law
Nothing in this Code shall be interpreted as authorization for, or approval of, the continuance
of a use, lot, or structure which was in violation of zoning regulations in effect immediately
prior to the effective date of this Code or was otherwise illegal.
4-4 Nonconforming Uses
A.Uses of land. Anylawful nonconforming use of a lot or structure land or use of land
which involves no individual structure with a replacement value exceeding one thousand
dollars ($1,000.00) which would not be permitted under the terms of this ordinance but
was lawfully existing at the time of the adoption of this ordinance shall hereafter be
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Section II – Land Use Regulations Article 4 –Nonconformities
considereda lawful nonconforming use of land. As such it may be continued so long as it
remains otherwise lawful and provided thatthere is no enlargement, increase or extension
of thelawful nonconforming useof land occurs so that which would result in a greater
area of landthe zoning lotisbeing occupied than was occupied at the time of the adoption
of this Code, and that no additional structures or additions to structures existing at the
time of the adoption of this Code shall be constructed on the same zoning lot. Further, no
suchlawful nonconforming useof land shall be increased in intensity or moved or
relocated in whole or in part to any other portion of the zoning lot on which it iswas
locatedthan that portion occupied at the time of the adoption of this Code.
B.Use of structures. Any use of a structure with a replacement cost of one thousand dollars
($1,000.00) or more which would not be permitted under the terms of this ordinance but
was lawfully existing at the time of the adoption of this ordinance shall hereafter be
considered a lawful nonconforming use of that structure. As such it may be continued so
long as it remains otherwise lawful and provided that the structure in which the lawful
nonconforming use is located shall not be enlarged, extended, constructed, reconstructed,
moved, relocated or structurally altered except in changing the use to a permitted use in
the district in which it is located or as otherwise provided for in this ordinance. However,
aA lawful nonconforming useof a structure may be extended throughout any parts of the
structure in which it is located, provided where said structure or parts thereof were
manifestly arranged or designed for such use at the time of the adoption of this Code, but
no lawful nonconforming use of a structureshall be extended to occupy any land outside
such structure. If any lawful nonconforming use of a structure is discontinued for any
reason for a period of one (1) year, (except when government action impedes access to
the premises), such structure shall only thereafter be used in conformity with the terms of
this ordinance.
C.If any lawful nonconforming use of landa lot or structure ceases for any reason for a
B.
period of more than ninety (90) consecutive days two years one year, any subsequent use
of such landlot or structure shall conform to the termsrequirements of this Code.
D.AnywhereWhenevera lawful nonconforming use is superseded by a permitted use,
C.
suchlawful nonconforming use shall not thereafter be resumed.
E.Where nonconforming status applies to a useand structure in combination, the
D.
removal or destruction of the structure by more than 75 percent of its replacement cost at
the time of destruction shall prohibit the re-establishment of the nonconforming use in
any case, When a building or structure housing a nonconforming use is damaged by fire,
explosion, act of God, or the public enemy to an extent of more than 75 percent of its fair
market value, such building or structure shall not be restored unless the use of the same
shall thereafter conform to the uses permitted in the district in which it is located, except
that lawful nonconforming residential uses may be continuedresumed.
Uses of land and structures in combination. Any use of land in combination with a
E.
structure with a replacement cost of morethan one thousand dollars ($1,000.00) which
would not be permitted under the terms of this ordinance but was lawfully existing at the
time of the adoption of this ordinance shall hereafter be considered a lawful
nonconforming use of land and structure in combination. As such it may continue so long
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Section II – Land Use Regulations Article 4 –Nonconformities
as it remains otherwise lawful and provided that the provisions of section 4-6.2(C) of this
ordinance are complied with.
4-5 Nonconforming Lots
F.
A.Any lot having insufficient area, width or depth for the zoning district in which it is
located,lacking frontage on an improved public street, or an improved private street of a
planned district, or any combination thereof, shall be considered a lawful nonconforming
lot only if it was conforming, lawfully platted,recorded andon filed in the Office of the
Dubuque County Recorder prior to the adoption of this Code or if a deed or other
instrument in the owner’s chain of title creating or containing a legal description
consistent with the current dimensions of such lot was lawfully recorded andon filed in
the Office of the Dubuque County Recorder prior to the adoption of this Code.
B.On any single, lawful nonconforming lot located within a zoning district which permits
single-family detached residential dwellings, one such dwelling may be constructed by
right, provided that setbacks (yards), height, lot coverage, and off-street parking
requirements of the zoning district within which the parcel is located are complied with,
and all appropriate permits are obtained prior to any construction activity.
4-6 Nonconforming Structures
C.
A.Structures that were lawfully constructed prior to the adoption of this Code, but which
could not be constructed under the terms of this Code by reason of restrictions on area,
lot coverage, height, setbacks (yards), location on the lot or other requirements
concerning structures, shall hereafter be considered lawful nonconforming structures. As
such, tThey may continue to exist so long as they remain otherwise lawful, provided that
no reconstruction, enlargement or alteration of said structures shall occur that will
increase their nonconformity except as provided for in section 4-6.5 of this
ordinanceherein. However, any lawful nonconforming structure or portion thereof may be
altered to reduce its nonconformity.
B.Alterations conducted by order of the City to comply with building or life safety code
provisions shall be permitted.
C.Should any lawful nonconforming structure be destroyed by any means to an extent of
more than seventy-five (75) percent of its replacement cost at the time of destruction, it
may only be reconstructed in conformance with the provisions of this ordinance provided
that the destruction was caused by an accident or act of God occurring after the adoption
of this ordinance and such reconstruction does not increase the degree of nonconformity
that existed prior to destruction; except that lawful nonconforming structures that are
single-family detached dwellings, duplexes or townhouses of no more than two (2)
laterally attached single-family dwellings, or multifamily dwellings, townhouses not
exceeding six (6) units may be reconstructed. When a lawful nonconforming structure is
damaged by fire, explosion, act of God, or the public enemy to an extent of more than 75
percent of its fair market value, such structure shall not be restored except in
conformance with the requirements of the district in which it is located. However, lawful
nonconforming structures used solely for residential uses may be reconstructed to their
location, size, and external dimensions that existed at the time of damage. Residential
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Section II – Land Use Regulations Article 4 –Nonconformities
lawful nonconformities may be expanded provided they comply with the schedule of
R-2A Alternate Two-Family Residential District regulations.
4-7 Nonconforming Characteristics of Use
B.
Wheneveran otherwise lawful existing use is permitted generally in any given zoning district
but where, due to the adoption or amendment of this Code, requiredoff-street parking,
paving ofr parking area, landscaping, screening, and similar regulationssite improvements do
not conform to the requirements of this Codeare not provided,suchthe deficiencies
attributable to the use shall be considered lawful nonconforming characteristics of such use.
Said deficiencies shall be brought into conformance whenever the use, lot, or structurewith
whichthey are attributableassociated to is changed,expanded by 25 percent or more of
building area existing at the time of adoption of this Code., enlarged or the intensity is
increased,even though the use itself is permitted generally
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Section II – Land Use Regulations Article 5 –Zoning Districts
Article 5: Zoning Districts
5-1 Generally
5-1.1 Application of Zoning District Regulations
In order to regulate and restrict the height, number of stories, and size of buildings and other
structures; the percentage of lot that may be occupied; the size of the yards, courts, and other
open spaces; the density of population; and the location and use of buildings, structures, and
land for trade, industry, residence, or other purposes, the City and the area within its
extraterritorial jurisdiction is hereby divided into zoning districts.
5-1.2 Zoning District Boundaries
A.Where uncertainty exists with respect to the boundaries of the various districts shown on
the Official Zoning Map, the following rules apply:
B.The district boundaries are the centerlines of either streets or alleys unless otherwise
shown, and where the districts designated on the Official Zoning Map are bounded
approximately by street or alley centerlines, the street or alley centerline shall be
construed to be the boundary of the district;
C.Where the property has been or may hereafter be divided into blocks and platted lots, the
district boundaries shall be construed to coincide with the nearest platted lot lines; and
where the districts designated on the Official Zoning Map are bounded approximately by
platted lot lines, the platted lot line shall be construed to be the boundary of the district;
D.In unsubdivided property, the district boundary lines on the Official Zoning Map shall be
determined by use of the scale appearing on the map.
5-1.3Official Zoning Map Adopted
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 declared to
be a part of this Code. The Official Zoning Map shall be identified by the signature of the
Mayor, attested by the City Clerk together with the date of adoption of this Code. The
Official Zoning Map shall be located in the Office of Planning Services.
No changes of any nature shall be made on the Official Zoning Map except in conformity
with the procedure set forth in this Code.
5-1.4 Zoning Districts Established
In order to carry out the purposes of this Code, the following districts are hereby established:
Residential: R-1 Single-Family Residential
R-2 Two-Family Residential
R-2A Alternate Two-Family Residential
R-3 Moderate Density Multi-Family Residential
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Section II – Land Use Regulations Article 5 –Zoning Districts
R-4 Multi-Family Residential
Office: OR Office and High Density Multi-FamilyResidential
OS Office Service
OC Office Commercial
Commercial: C-1 Neighborhood Commercial
C-2 Neighborhood Shopping Center
C-2A Mixed Use Neighborhood
C-3 General Commercial
C-4 Downtown Commercial
C-5 Central Business
CS Commercial Service and Wholesale
CR Commercial Recreation
Industrial: LI Light Industrial
HI Heavy Industrial
MHI Modified Heavy Industrial
Special Purpose: AG Agriculture
ID Institutional
POS Public Open Space
PUD Planned Unit Development
Overlays:FL Flood Plain
OTN Old Town Neighborhood Overlay
SOD Sign Overlay District
RROD Rural Residential Overlay District
RHOD Restricted Height Overlay District
5-1.5 Annexation Zoning Policy
Allunincorporatedterritory which may hereafter be annexed to come within the jurisdiction
ofthe City may, prior to annexation, be classified upon annexation, in accordance with the
provisions of Section 6 of this Code. limits by virtue of annexation to the City shall be placed
and continued in the AG Agriculture District, unless prior to annexation, such land is
classified, effective upon annexation, as another zoning district. If voluntary annexation of
the territory is requested, but the territory is not classified as requested by the applicant, the
applicant may withdraw the voluntary annexation request. If not so classified, the territory
shall be classified AG Agricultural District, and shall remain in that classification pending
Section 9-5
request for reclassification in accordance with the provisions of .
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Section II – Land Use Regulations Article 5 –Zoning Districts
5-1.6Conformance to Code Required
A.No building, structure, or land shall hereafter be used or occupied, and no building,
structure, or part hereof, shall hereafter be erected, constructed, reconstructed, moved, or
structurally altered except in conformity with all of the regulations herein specified for
the district in which it is located. Regulations within each district shall be applied
uniformly to each class or kind of structure or land.
B.Unless permitted elsewhere in this Code, no building, structure, or part thereof, shall
hereafter be built, moved or remodeled, and no building, or other structure or land shall
hereafter be erected or altered used, occupied or designed for use or occupancy:
1.To exceed the height or bulkSo as to exceed the maximum building or structure
height, or maximum lot coverage specified for the zoning district in which the
building or structure is located; or
2.To have narrower or smaller rear yards, front yards, side yards, or other open
spacesSo as to provide any front, side, or rear yard or other open space that is less
than the minimum specified for the zoning district in which such building, structure
or use of land is located or maintained, or
3.So as toexceed the maximum number of units specified for the zoning district
A.
in which such building is located. accommodateor house a greater number of
families. Than herein permitted; or in any other manner contrary to the provisions of
this Code.
5-2 R-1 Single-Family Residential
The R-1 District is the most restrictive residential district and is intended to protect.Lowlow
density residential areasshall be protected from higher density residential development and
from the encroachment of incompatible uses. The principal use of land in this district is for
low density single-family dwellings and related recreational, religious and educational
facilities.normally required to service the residents within the district.
5-2.1 Principal Permitted Uses
The following uses shall beare permitted in the R-1 District:
1.Cemetery, mausoleum, or columbarium
A.
2.Churches, convents and monasteriesPlace of religious exercise or assembly
B.
3.Public or private park, golf course, or similar natural recreation area
C.
4.Public, private or parochial school approved by the Iowa State Board of Public
D.
Instruction State of Iowa (K-12)
5.Railroad or public or quasi-public utility, including substation
E.
6.Single-family residentialdetacheddwelling(detached)
F.
Noncommercial nurseries and gardens
G.
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Section II – Land Use Regulations Article 5 –Zoning Districts
5-2.2 Conditional Uses
The following conditional uses are may be permitted in the R-1 district, subject to the
Section 8-5
provisions of and are the minimum requirements for application to the Zoning
Board of Adjustment for a conditional use permit:
A.1.Accessory Dwelling unit
2.Licensed Adult daycare Day Services
3.Bed and breakfast home
B.
C.4.Keeping of horsesor ponies
5.Keeping of hens
6.GroupdaycareLicensed childcare center
D.
7.Mortuary,funeral home, or crematorium
8.Wind energy conversion system
9.Tour home
10.Tourist home
11.Off street parking
E.
5-2.3 Accessory Uses
Section 3-6
The following uses shall beare permitted as accessory uses as provided in :
Attached garages
A.
Noncommercial greenhouses
B.
1.Detached garage
C.
2.Fence
D.
3.Garage sale,or rummage sales provided that not more than three such sales shall be
E.
allowed per premises per calendar year and not more than three consecutive days per sale
4.Home occupationHome-based business
F.
5.Noncommercial garden, greenhouse or nursery
G.
6.Off street parking and storage of vehicles
H.
7.Satellite receiving dish
I.
8.Solar collector
J.
9.Readily moveable Sport, recreation, or outdoor cooking equipment
K.
10.Storage building
L.
11.Tennis court, swimming pool or similar permanent facility
M.
12.Wind generatorWind turbine (building-mounted)
N.
5-2.4 Temporary Uses
The following uses shall be permitted as temporary uses in the R-1district:
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Section II – Land Use Regulations Article 5 –Zoning Districts
Building or trailer for storage of materials and/or equipment necessary for construction
1.
authorized by a valid building permit, provided the location of the building or trailer has been
approved by the building official.
Section 3-18
Temporary uses shall be regulated in conformance with the provisions of .
5-2.5 Parking
Minimum parking requirements shall be regulated in conformance with the provisions of
Article 14
.
5-2.6 Signs
Article 15
Signs shall be regulated in conformance with the provisions of .
5-2.7 Bulk Regulations
Setbacks
Min
Min Lot Min Lot Max Lot Max
Front(feet)
Min Rear
R-1 Residential
Side
AreaFrontageCoverageHeight
(square(% lot
MinMax
feet)(feet)area)(feet)(feet)(feet)
Permitted Uses
5,0005040205062030
Single-Family
School, Place of
1
20,0001004020---2020
Religious Exercise or
75
Assembly
Conditional Uses
Licensed Childcare
5,000504020---62030
Center, Licensed Adult
Daycare Center
Bed and Breakfast
5,0005040205062030
Home
Mortuary, Funeral
20,0001004020---202030
Home
1
May be erected to a height not exceeding 75 feet, provided that such buildings shall provide at least one
additional foot of yard space on all sides for each additional foot by which such building exceeds the maximum
height limit of the district in which it is located.
See Section 3-16 for adjustment of minimum front yard setbacks.
5-3 R-2 Two-Family Residential
O.
The R-2 district is intended to provide residential areas characterized by single-family and
two-family dwellings. Increased densities and theintroduction of two-family housing types
are intended to provide greater housing options while maintaining the basic qualities of a low
density residential neighborhood. The principal use of land in this district is for low density
single- and two-family dwellings and related recreational, religious and educational facilities.
5-3.1 Principal Permitted Uses
The following uses shall beare permitted in the R-2 District:
1.Cemetery, mausoleum, or columbarium
A.
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Section II – Land Use Regulations Article 5 –Zoning Districts
2.Churches, convents and monasteriesPlace of religious exercise or assembly
B.
3.Public or private park, golf course, or similar natural recreation area
C.
4.Public, private, or parochial school, approved by the Iowa State Board of Public
D.
Instruction State of Iowa (K-12)
5.Railroad or public or quasi-public utility, including substation
E.
6.Single-family detached dwelling
F.
7.Townhouse (maximum 2 dwelling units)
G.
8.Two-family dwelling (duplex)
H.
Noncommercial nurseries and gardens
I.
5-3.2 Conditional Uses
The following conditional uses are may be permitted in the R-2 District, subject to the
Section 8-5
provisions of and are the minimum requirements for application to the Zoning
Board of Adjustment for a conditional use permit:
A.1.Licensed daycareLicensed Adult Day Services
2.Bed and breakfast home
B.
3.Hospice
C.
4.Group daycareLicensed childcare center
5.Keeping of hens
D.
E.6.Mortuary, orfuneral home, or crematorium
7.Off street parking
8.Wind energy conversion system
9.Tour home
10.Tourist home
F.
5-3.3 Accessory Uses
Section 3-6
The following uses shall beare permitted as accessory uses as provided in :
Attached garages
A.
Dubuque, IA UDCAdopted 00/00/000 64
Section II – Land Use Regulations Article 5 –Zoning Districts
Noncommercial greenhouses
B.
1.Detached garage
C.
2.Fence
D.
3.Garage saleor rummage sales provided that not more than three such sales shall be
E.
allowed per premises per calendar year and not more than three consecutive days per sale
4.Home occupationHome-based business
F.
5.Noncommercial garden, greenhouse or nursery
G.
6.Off street parking and storage of vehicles
H.
7.Satellite receiving dish
I.
8.Solar collector
J.
9.Readily movable sportsSport, recreation, or outdoor cooking equipment
K.
10.Storage building
L.
11.Tennis court, swimming pool or similar permanent facility
M.
12.Wind generatorWind turbine (building-mounted)
N.
5-3.4 Temporary Uses
The following uses shall be permitted as temporary uses in the R-2District:
Building or trailer for storage of materials and/or equipment necessary for construction
1.
authorized by a valid building permit, provided the location of the building or trailer has been
approved by the building official.
Section 3-18
Temporary uses shall be regulated in conformance with the provisions of .
5-3.5 Parking
Minimum parking requirements shall be regulated in conformance with the provisions of
Article 14
.
5-3.6 Signs
Article 15
Signs shall be regulated in conformance with the provisions of .
Dubuque, IA UDCAdopted 00/00/000 65
Section II – Land Use Regulations Article 5 –Zoning Districts
5-3.7 Bulk Regulations
Setbacks
Min
Min Lot Min Lot Max Lot Max
Front(feet)
Min Rear
R-2 Residential
Side
AreaFrontageCoverageHeight
(square(% lot
feet)(feet)area)MinMax(feet)(feet)(feet)
Permitted Uses
Single-Family5,0005040205062030
6,0005040205062030
Two-Family
3,000/du25/du4020506/020/030
Townhouse (2 du max)
School, Place of
1
Religious Exercise or
20,0001004020---2020
75
Assembly
Conditional Uses
Hospice5,000504020---62030
Licensed Childcare
Center, Licensed Adult
5,000504020---62030
Daycare
Bed and Breakfast
5,0005040205062030
Home
Mortuary, Funeral
20,0001004020---202030
Home
1
May be erected to a height not exceeding 75 feet, provided that such buildings shall provide at least one
additional foot of yard space on all sides for each additional foot by which such building exceeds the maximum
height limit of the district in which it is located.
See Section 3-16 for adjustment of minimum front yard setbacks.
5-4 R-2A Alternate Two-Family Residential
O.
The R-2A District is intended to provide for the protection of certain older areas of the
community developed principally as single-family and two-family uses. Characteristics of
the R-2A District are: smaller than average lot widths and area, established building lines
much closer to the public right of way and required setback lines, and/or greater lot coverage
than allowed in the more recent developing areas where such requirements can be provided.
The R-2A District is intendedto be selectively placed onlocated in those areas displaying one
or more of the above characteristics. The purpose of this district is to stabilize and preserve
the residential character of existing areas through the establishment of bulk regulations in
conformity with existing conditions.
5-4.1 Principal Permitted Uses
The following uses shall beare permitted in the R-2A District:
1.Cemetery, mausoleum, or columbarium
A.
2.Churches, convents and monasteries Place of religious exercise or assembly
B.
3.Public or private park, golf course, or similar natural recreation area
C.
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4.Public, private, or parochial school approved by Iowa State Board of Public
D.
Instruction State of Iowa (K-12)
5.Railroad or public or quasi-public utility, including substation
E.
6.Single-family detached dwelling
F.
7.Townhouse (maximum 2 dwelling units)
G.
8.Two-family dwelling (duplex)
H.
Noncommercial nurseries and gardens
I.
5-4.2 Conditional Uses
The following conditional uses are may be permitted in the R-2A District, subject to the
Section 8-5
provisions of and are the minimum requirements for application to the Zoning
Board of Adjustment for a conditional use permit:
Individual zero lot line homes, provided that:
A.
1.Bed and breakfast home
B.
2.Hospice
C.
3.Licensedadult daycareLicensed Adult Day Services
4.Group daycareLicensed childcare center
D.
5.Off premises residential garage
E.
6.Off street parking
7.Tour home
F.8.Tourist home
9.Wind energy conversion system
G.
5-4.3 Accessory Uses
Section 3-6
The following uses shall beare permitted as accessory uses as provided in :
Attached garages
A.
Noncommercial greenhouses
B.
1.Detached garage
C.
Dubuque, IA UDCAdopted 00/00/000 67
Section II – Land Use Regulations Article 5 –Zoning Districts
2.Fence
D.
3.Garage sale,or rummage sales provided that not more than three such sales shall be
E.
allowed per premises per calendar year and not more than three consecutive days per sale
4.Home occupationHome-based business
F.
5.Noncommercial garden, greenhouse or nursery
G.
6.Off street parking and storage of vehicles
H.
7.Satellite receiving dish
I.
8.Solar collector
J.
9.Readily movable sportsSport, recreation, or outdoor cooking equipment
K.
10.Storage building
L.
11.Tennis court, swimming pool or similar permanent facility
M.
12.Wind generator turbine (building-mounted)
N.
5-4.4 Temporary Uses
The following uses shall be permitted as temporary uses in the R-2A District:
Building or trailer for storage of materials and/or equipment necessary for construction
A.
authorized by a valid building permit, provided the location of the building or trailer has been
approved by the building official.
Section 3-18
Temporary uses shall be regulated in conformance with the provisions of .
5-4.5 Parking
Minimum parking requirements shall be regulated in conformance with the provisions of
Article 14
.
5-4.6 Signs
Article 15
Signs shall be regulated in conformance with the provisions of .
Dubuque, IA UDCAdopted 00/00/000 68
Section II – Land Use Regulations Article 5 –Zoning Districts
5-4.7 Bulk Regulations
Setbacks
Min
Min Lot Min Lot Max Lot Max
Front(feet)
Min Rear
R-2A Residential
Side
AreaFrontageCoverageHeight
(square(% lot
1
Min Max
feet)(feet)area)(feet)(feet)(feet)
Permitted Uses
2,5002550105031030
Single-Family
2,5002550105031030
Two-Family
2,500/du25/du5010503/010/030
Townhouse (2 du max)
School, Place of
2
Religious Exercise or
20,0001004010---2020
75
Assembly
Conditional Uses
2,500255010---31030
Hospice
Licensed Childcare
Center, Licensed Adult
2,500255010---31030
Daycare
Off-premise residential
---------10---3615
garage
Bed and Breakfast
2,5002550105031030
Home
1
Minimum twenty feet for garages facing a street.
2
May be erected to a height not exceeding 75 feet, provided that such buildings shall provide at least one
additional foot of yard space on all sides for each additional foot by which such building exceeds the maximum
height limit of the district in which it is located.
See Section 3-16 for adjustment of minimum front yard setbacks.
5-5 R-3 Moderate Density Multi-Family Residential
The R-3 District is intended to provide locations forresidential areas of moderate density
developments which may include a variety of dwelling types ranging from single-family to
low-rise multi-family dwellings. The R-3 District also serves as a transition between
residential and nonresidential districts.
5-5.1 Principal Permitted Uses
The following uses shall beare permitted in the R-3 District:
1.Cemetery, mausoleum, or columbarium
A.
2.Multi-family dwelling (maximum six dwelling units)
B.
3.Churches, convents, and monasteriesPlace of religious exercise or assembly
C.
4.Public or private park, golf course, or similar natural recreation area
D.
5.Public, private, or parochial school approved by Iowa State Board of Public Instruction
E.
State of Iowa (K-12)
Dubuque, IA UDCAdopted 00/00/000 69
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6.Railroad or public or quasi-public utility, including substation
F.
7.Single-family detached dwelling
G.
8.Townhouse (maximum six dwelling units)
H.
9.Two-family dwelling (duplex)
I.
Noncommercial nurseries and gardens
J.
5-5.2 Conditional Uses
The following conditional uses are may be permitted in the R-3 District, subject to the
Section 8-5
provisions of and are the minimum requirements for application to the Zoning
Board of Adjustment for a conditional use permit:
1.Bed and breakfast home
A.
2.Group home
B.
3.Hospice
C.
4.Housing for the elderly or persons with disabilities
D.
5.Individual zero lot line detached dwelling
E.
6.Licensedadult daycareLicensed Adult Day Services
7.Group daycareLicensed childcare center
F.
8.Mortuary,orfuneral home, or crematorium
G.
9.Nursing or convalescent home
H.
10.Off-premise residential garage
I.
11.Off-street parking
J.
12.Rooming or boarding house
13.Tour home
14.Tourist home
15.Wind energy conversion system
K.
5-5.3 Accessory Uses
Section 3-6
The following uses shall beare permitted as accessory uses as provided in :
Dubuque, IA UDCAdopted 00/00/000 70
Section II – Land Use Regulations Article 5 –Zoning Districts
Attached garages
A.
Noncommercial greenhouses
B.
1.Detached garage
C.
2.Fence
D.
3.Garage sale,or rummage sales provided that not more than three such sales shall be
E.
allowed per premises per calendar year and not more than three consecutive days per sale
4.Home occupationHome-based business
F.
5.Noncommercial garden, greenhouse or nursery
G.
6.Off street parking and storage of vehicles
H.
7.Satellite receiving dish
I.
8.Solar collector
J.
9.Readily movable sportsSport, recreation, or outdoor cooking equipment
K.
10.Storage building
L.
11.Tennis court, swimming pool or similar permanent facility
M.
12.Wind generatorturbine (building-mounted).
N.
5-5.4 Temporary Uses
The following uses shall be permitted as temporary uses in the R-3District:
Building or trailer for storage of materials and/or equipment necessary for construction
A.
authorized by a valid building permit, provided the location of the building or trailer has been
approved by the building official.
Section 3-18
Temporary uses shall be regulated in conformance with the provisions of .
5-5.5 Parking
Minimum parking requirements shall be regulated in conformance with the provisions of
Article 14
.
5-5.6 Signs
Article 15
Signs shall be regulated in conformance with the provisions of .
Dubuque, IA UDCAdopted 00/00/000 71
Section II – Land Use Regulations Article 5 –Zoning Districts
5-5.7 Bulk Regulations
Permitted Uses
Single-Family5,0005040205042030
Two-Family5,0005040205042030
Multi-Family (6 du
max)
2,000/du504020---42030
Townhouse (6 du max)
1,600/du16/du4020---4/020/030
School, Place of
Religious Exercise or
1
Assembly75
20,0001004020---2020
Conditional Uses
Individual Zero Lot
Line
5,0005040205010/02030
Group Home5,000504020---42030
Hospice5,000504020---42030
Rooming and
Boarding House
5,000504020---42030
Licensed Childcare
Center, Licensed Adult
Daycare
5,000504020---42040
Bed and Breakfast
Home
5,0005040205042030
Nursing Home20,0001004020---202030
Housing, Elderly20,0001004020---202030
Mortuary, Funeral
Home
20,0001004020---202030
Off-premise residential
garage
---------20---4615
1
May be erected to a height not exceeding 75 feet, provided that such buildings shall provide at least one
additional foot of yard space on all sides for each additional foot by which such building exceeds the maximum
height limit of the district in which it is located.
See Section 3-16 for adjustment of minimum front yard setbacks.
5-6 R-4 Multi-Family Residential
The R-4 District is intended to provide residential areas of moderate to high density
developments . The R-4District is usually located adjacent to a major street and serves as a
buffer or transition between commercial development, non-residential uses, or heavy
automobile traffic and medium density residential development.
5-6.1 Principal Permitted Uses
The following uses shall beare permitted in the R-4 District:
Rooming/boarding house (maximum 10 roomers)
A.
1.Cemetery, mausoleum, or columbarium
B.
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2.Churches, convents and monasteriesPlace of religious exercise or assembly
C.
3.Multi-family dwelling (three to 12 units per buildings)
D.
4.Public or private park, golf course, or similar natural recreation area
E.
5.Public, private, or parochial school approved by Iowa State Board of Public Instruction
F.
State of Iowa (K-12)
6.Railroad or public or quasi-public utility, including substation
G.
7.Single-family detached dwelling
8.Townhouse (three to 12 units laterally attached)
H.
9.Two-family dwelling (duplex)
I.
Noncommercial nurseries and gardens
J.
5-6.2 Conditional Uses
The following conditional uses are may be permitted in the R-4 District, subject to the
Section 8-5
provisions of and are the minimum requirements for application to the Zoning
Board of Adjustment for a conditionaluse permit:
A.Mortuaries and funeral homes
1.Licensed Adult Day Services
2.Bed and breakfast home
3.Bed and breakfast inn
B.
4.Group home
C.
D.5.Hospice
E.6.Housing for the elderly or persons with disabilities
F.7.Group day careLicensed childcare center
G.8.Mortuary, funeral home, or crematorium
9.Multi-family dwelling over 12 units
H.
10.Nursing or convalescent home
I.
11.Off-premises residential garage
J.
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Section II – Land Use Regulations Article 5 –Zoning Districts
12.Off-street parking
K.
13.Rooming or boarding house
14.Wind conversion energy system
15.Tour home
16.Tourist home
5-6.3 Accessory Uses
Section 3-6
The following uses shall beare permitted as accessory uses as provided in :
Attached garages
A.
Noncommercial greenhouses
B.
1.Detached garage
C.
2.Fence
D.
3.Garage sale,or rummage sales provided that not more than three such sales shall be
E.
allowed per premises per calendar year and not more than three consecutive days per sale
4.Home occupationHome-based business
F.
5.Noncommercial garden, greenhouse or nursery
G.
6.Off-street parking and storage of vehicles
H.
7.Satellite receiving dish
I.
8.Solar collector
J.
9.Readily moveable sportsSport, recreation, or outdoor cooking equipment
K.
10.Storage building
L.
11.Tennis court, swimming pool or similar permanent facility
M.
12.Wind generatorturbine (building-mounted).
N.
5-6.4 Temporary Uses
The following uses shall be permitted as temporary uses in the R-4District:
Dubuque, IA UDCAdopted 00/00/000 74
Section II – Land Use Regulations Article 5 –Zoning Districts
Building or trailer forstorage of materials and/or equipment necessary for construction
A.
authorized by a valid building permit, provided the location of the building or trailer has been
approved by the building official.
Section 3-18
Temporary uses shall be regulated in conformance with the provisions of .
5-6.5 Parking
Minimum parking requirements shall be regulated in conformance with the provisions of
Article 14
.
5-6.6 Signs
Article 15
Signs shall be regulated in conformance with the provisions of .
5-6.7 Bulk Regulations
Single-Family5,0005040205042030
Two-Family5,0005040205042030
Multi-Family (12 du
1
max)3
2,000/du504020---2040
Townhouse (12 du
1
max)0/3
1,600/du16/du4020---20/040
School, Place of
Religious Exercise or
2
Assembly75
20,0001004020---2020
Conditional Uses
Rooming and
1
Boarding House3
5,000504020---2040
1
3
Group Home5,000504020---2040
1
3
Hospice5,000504020---2040
Licensed Childcare
Center, Licensed Adult
1
Daycare3
5,000504020---2040
Bed and Breakfast
Home
5,0005040205042030
Bed and Breakfast Inn
5,0005040205042030
Nursing Home20,0001004020---202040
Housing, Elderly20,0001004020---202040
Mortuary, Funeral
Home
20,0001004020---202040
Off-premise residential
garage
---------20---3615
1
Plus one additional foot per floor above the second floor.
2
May be erected to a height not exceeding 75 feet, provided that such buildings shall provide at least one
additional foot of yard space on all sides for each additional foot by which such building exceeds the maximum
height limit of the district in which it is located.
Dubuque, IA UDCAdopted 00/00/000 75
Section II – Land Use Regulations Article 5 –Zoning Districts
5-7 OR Office Residential
The OR Districtis intended to encourage and permit a mixture of compatible office uses with
high density multi-family uses in the existing built city.district should is intended to serve as
a transition zone between commercial and single- and two-family residential areas through
thepermitting adaptive reuse of existing building stock, which will normally be residential in
character. Thise OR district is not intended to have any application in undeveloped or newly
developing areas of the City or on land made vacant through intentional demolition.
Development standardsshould remain flexible to allow conservation and reuse of existing
buildings. This district shouldgenerally be located in areas abutting arterial and/or collector
streets which are, because of location and trends, suitable for development of low intensity
office uses, and high intensity residential uses.
5-7.1 Principal Permitted Uses
The following uses shall beare permitted in the OR District:
Rooming/boarding houses
A.
Personal services
B.
1.Noncommercial artArt gallery, museum or library
C.
2.Artist studio
D.
3.General office
E.
4.Hospice
5.Housing for the elderly or persons with disabilities
F.
6.Medical office or clinic
G.
7.Mortuary or funeral home
H.
8.Multi-family dwelling
I.
9.Nursing or convalescent home
J.
10.Parking structure
11.Churches, convents, and monasteriesPlace of religious exercise or religious assembly
K.
12.Public, private, or parochial school approved by Iowa State Board of Public
L.
Instruction State of Iowa (K-12)
13.Railroad or public or quasi-public utility, including substation
M.
14.School of private instruction
N.
Dubuque, IA UDCAdopted 00/00/000 76
Section II – Land Use Regulations Article 5 –Zoning Districts
15.Single- or two-family dwelling unit within an existing structure only
O.
16.Townhouse (three twoor more laterally attached units)
P.
5-7.2 Conditional Uses
The following conditional uses are permitted in the OR district, subject to the provisions of
Section 8-5
and are the minimum requirements for application to the Zoning Board of
Adjustment for a conditional use permit:
1.Licensed Adult Day Services
A.
2.Bed and Breakfast home
3.Bed and breakfast inn
B.
4.Group home
5.Group day careLicensed childcare center
C.
6.Off-premises residential garage
D.
7.Off-street parking
E.
8.Photographic studio
9.Private club
F.
10.HospiceRooming or boarding house
11.Tour home
G.12.Tourist home
13.Wind energy conversion system
H.
5-7.3 Accessory Uses
Section 3-6
The following uses shall beare permitted as accessory uses as provided in :
Attached garages
A.
Greenhouses
B.
1.Crematorium accessory to a mortuary or funeral home
C.
2.Detached garage
D.
3.Fence
E.
Dubuque, IA UDCAdopted 00/00/000 77
Section II – Land Use Regulations Article 5 –Zoning Districts
4.Garage sale,or rummage sales provided that not more than three such sales shall be
F.
allowed per premises per calendar year and not more than three consecutive days per sale
5.Home occupationHome-based business
G.
6.Noncommercial garden, greenhouse or nursery
H.
7.Off-street parking and storage of vehicles
8.Satellite receiving dish
I.
9.Solar collector
J.
10.Readily moveable sportsSport, recreation, or outdoor cooking equipment
K.
11.Storage building
L.
12.Tennis court, swimming pool or similar permanent facility
M.
13.Wind generator Wind turbine (building-mounted).
N.
5-7.4 Temporary Uses
The following uses shall be permittedas temporary uses in the OR District:
Building or trailer for storage of materials and/or equipment necessary for construction
1.
authorized by a valid building permit, provided the location of the building or trailer has been
approved by the building official.
Section 3-18
Temporary uses shall be regulated in conformance with the provisions of .
5-7.5 Parking
Minimum parking requirements shall be regulated in conformance with the provisions of
Article 14
.
5-7.6 Signs
Article 15
Signs shall be regulated in conformance with the provisions of .
Dubuque, IA UDCAdopted 00/00/000 78
Section II – Land Use Regulations Article 5 –Zoning Districts
5-7.7 Bulk Regulations
(square (% lot
feet)(feet)area)MinMax(feet)(feet)(feet)
Permitted Uses
General Offices
------5020---31040
Medical Offices
------5020---31040
Single-Family
5,0005050205031040
Two-Family
5,0005050205031040
Multi-Family
1,200/du505020---31040
Townhouse
1,200/du16/du5020---3/010/040
Nursing, Convalescent
1
Home3
10,0001005020---1040
Hospice5,000505020---31040
1
3
Housing, Elderly10,000------------1040
Mortuary, Funeral
1
Home3
------5020---1040
School, Place of
Religious Exercise or
2
Assembly75
20,0001005020---310
All other permitted use
------5020---31040
Conditional Uses
Group Home5,0005050------31040
Bed and breakfast
home
5,0005050205031040
Bed and Breakfast Inn
------50205031040
Rooming and
Boarding House
5,000505020---31040
Private Club------5020---31040
Barber, Beauty Shop------5020---31040
Licensed Childcare
Center, Licensed Adult
Daycare Services
5,000505020---31040
Off-premise residential
garage
------5020---31015
Photographic Studio
------5020---31040
1
When abutting a residential district, a six foot side setback is required.
2
May be erected to a height not exceeding 75 feet, provided that such buildings shall provide at least one
additional foot of yard space on all sides for each additional foot by which such building exceeds the maximum
height limit of the district in which it is located.
5-8 OS Office Service
The OS District is intended to encourage and permit professional office uses in newly
developing areas of the City, and is intended to be used as a transition between commercial
and residential area.This development is expected to occur on vacant land or on a
redevelopment site which, by virtue of an area's changing character, use or distressed
Dubuque, IA UDCAdopted 00/00/000 79
Section II – Land Use Regulations Article 5 –Zoning Districts
condition, warrants reinvestment, renewal and reuse. This district may be used as a transition
zone between commercial areas along major streets or between commercial uses and
residential areas in areas abutting arterial and/or collector streets which are, because of
location and trends, suitable for office development. As a transition zone, development
standards should buffer this type of development from residential uses to lessen the possible
impact and intensity of office development.
5-8.1 Principal Permitted Uses
The following uses shall beare permitted in the OS District:
1.Personal servicesArt gallery, museum, or library
A.
2.Artist studio
B.
3.Barber or beauty shop
C.
4.Dental or medical lab
D.
5.General office
E.
6.Medical office or clinic, less than 5,000 square feet
F.
7.Parking structure
8.Photographic studio
9.Place of religious exercise or assembly
10.Public, private, or parochial school approved by Iowa State Board of Public Instruction
(K-12)
11.Railroads, public/quasi-public utilitiesRailroad or public or quasi-public utility,
G.
including substation
12.Residential use above the first floor only
H.
13.School of private instruction
I.
5-8.2 Conditional Uses
The following conditional uses are may be permitted in the OS District, subject to the
Section 8-5
provisions of and are the minimum requirements for application to the Zoning
Board of Adjustment for a conditional use permit:
1.Licensed Adult Day Services
2.Group day careLicensed childcare center
A.
Dubuque, IA UDCAdopted 00/00/000 80
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3.Off-street parking
B.
Private club
C.
Parking structuresWind energy conversion systems
D.
5-8.3 Accessory Uses
Section 3-7
The following uses shall beare permitted as accessory uses as provided in :
1.Any use customarily incidental and subordinate to the principal use it serves
2.Wind turbine (building-mounted).
A.
5-8.4 Temporary Uses
The following uses shall be permitted as temporary uses in the OS District:
Building or trailer for storage of materials and/or equipment necessary for construction
A.
authorized by a valid building permit, provided the location of the building or trailer has been
approved by the building official.
Section 3-18
Temporary uses shall be regulated in conformance with the provisions of .
5-8.5 Parking
Minimum parking requirements shall be regulated in conformance with the provisions of
Article 14
.
5-8.6 Signs
Article 15
Signs shall be regulated in conformance with the provisions of .
Dubuque, IA UDCAdopted 00/00/000 81
Section II – Land Use Regulations Article 5 –Zoning Districts
5-8.7 Bulk Regulations
5-9 OC Office Commercial
The OC District is intended to encourage and permit the establishment of commercial
business uses in mixed use specialty areas. This district is intended towill generally be
located in areas which have developed, or are appropriate to develop, as limited retail
districts. This district is also intended toshould also be located in areas adjacent to established
commercial districts, in historic and/or architecturally significant areas where the adaptive
reuse of existing buildings is encouraged, in areas of particular tourist interest and along
arterial and/or collector streets which are suitable for more intensive commercial
development.
5-9.1 Principal Permitted Uses
The following uses shall beare permitted in the OC District:
A.1.Noncommercial artArt gallery, museum or library
B.2.Artist studio
3.Bakery (retail only)
C.4.Barber or beauty shop
D.5.General office
Medical office or clinic
E.6.Multi-family dwellingunits within existing structures only
7.Parking structure
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F.8.Photographic studio
G.9.Churches, convents and monasteriesPlace of religious exercise or assembly
H.10.Retail sales and service
I.11.School of private instruction
J.12.Single-family detached dwelling
K.13.Two-family dwellingunits within existing structures only
L.14.Any other specialty retail use of a similar nature and intensity, as determined
by the City Planner
P.Confectioneries
Q.Commercial art galleries
R.Clothing/accessory stores
S.Shoe stores
T.Jewelry stores
U.Sewing/fabric stores
V.Book/stationery stores
W.Gift/souvenir shops
X.Toy-hobby shops
Y.Sporting goods (sales/rental)
Z.Bicycle shops (sales/rental)
AA.Camera/photo supply stores
BB.Flower shops
CC.Antique shops
DD.Furniture/home furnishings
5-9.2 Conditional Uses
The following conditional uses shall may be permitted in the OC District subject to the
Section 8-5
provisions of :
Dubuque, IA UDCAdopted 00/00/000 83
Section II – Land Use Regulations Article 5 –Zoning Districts
A.1.Bar or tavern
2.Bed and breakfast home
B.3.Bed and Breakfast inn
4.Group day careLicensed childcare center
5.Licensed Adult Day Services
C.
6.Off-street parking
D.
7.Private club
E.
8.Restaurant
F.
G.Parking structures Wind energy conversion system
9.Tour home.
5-9.3 Accessory Uses
Section 3-7
The following uses shall beare permitted as accessory uses as provided in :
Attached garages
A.
Noncommercial greenhouses
B.
1.Detached garage
C.
2.Fence
D.
3.Garage sale,or rummage sales provided that not more than three such sales shall be
E.
allowed per premises per calendar year and not more than three consecutive days per sale
4.Home occupationHome-based business
F.
5.Noncommercial garden, greenhouse or nursery
G.
6.Off-street parking of vehicles
H.
7.Satellite receiving dish
I.
8.Solar collector
J.
9.Readily moveable sportsSport, recreation or outdoor cooking equipment
K.
10.Storage building
L.
11.Tennis court, swimming pool or similar permanent facility
M.
Dubuque, IA UDCAdopted 00/00/000 84
Section II – Land Use Regulations Article 5 –Zoning Districts
12.Wind generator turbine (building-mounted).
N.
5-9.4 Temporary Uses
The following uses shall be permitted as temporary uses in the OC District:
Building or trailer for storage of materials and/or equipment necessary for construction
A.
authorized by a valid building permit, provided the location of the building or trailer has been
approved by the building official.
Section 3-18
Temporary uses shall be regulated in conformance with the provisions of .
5-9.5 Parking
Minimum parking requirements shall be regulated in conformance with the provisions of
Article 14
, except that a 25 percent reduction shall be allowed in the OC District for both
permitted and conditional uses.
5-9.6 Signs
Article 15
Signs shall be regulated in conformance with the provisions of .
5-9.7 Bulk Regulations
Permitted Uses
Single-Family
5,00050501032040
Two-Family
5,00050501032040
1
Multi-Family3
1,200/du---50102040
Place of Religious
2
Exercise or Assembly75
20,00010050101020
All Other Permitted
1
Uses3
------50102040
Conditional Uses
Bed and breakfast home
501032040
Bed and Breakfast Inn
------501032040
Off-Street Parking Lot
---------------------
Parking Structure
---------1033 feet40
All Other Conditional
1
Uses3
------50102040
1
Plus one additional foot per floor above the second floor.
2
Places of religious exercise or assembly may be erected to a height not exceeding 75 feet, provided
that such buildings shall provide at least one additional foot of yard space on all sides for each
additional foot by which such building exceeds the maximum height limit of the district in which it is
located.
Dubuque, IA UDCAdopted 00/00/000 85
Section II – Land Use Regulations Article 5 –Zoning Districts
5-10 C-1 Neighborhood Commercial
TheC-1District is intended to provide individual parcels for commercial and residential uses
in older buildings in the City's established neighborhoods, while maintaining neighborhood
character and fostering opportunities for affordable housing. The C-1 District isnot intended
to bean expandable district but one that is established on a very limited basis, to provide
individual parcels for commercial and residential uses in older buildings in the City’s
established neighborhoods, while maintaining neighborhood character and fostering
opportunities for affordable housing.Larger neighborhood commercial districts are to be
established under the C-2District classification as neighborhood shopping center districts.
5-10.1 Principal Permitted Uses
The following uses shall beare permitted in the C-1 District.
Personal services
A.
Business services
B.
1.Bakery (retail only)
C.
2.Barber or beauty shop
D.
3.Flower shop, garden store, or commercial greenhouse
E.
4.General office
F.
5.Grocery or drug store (maximum 3,500 square feet)
G.
6.Laundromat
H.
7.Multifamily dwelling (maximum six dwelling units)
I.
8.Place of religious exercise or assembly
9.Railroad or public or quasi-public utility, including substation
J.
10.Retail sales and service
K.
11.School of private instruction
L.
12.Shoe repair
M.
13.Single-family detached dwelling
N.
14.Townhouse (maximum six dwelling units)
O.
15.Two-family dwelling (duplex)
P.
Dubuque, IA UDCAdopted 00/00/000 86
Section II – Land Use Regulations Article 5 –Zoning Districts
Photographic studio
P.
Sewing/fabric store
Q.
Book/stationery store
R.
Toy-hobby shops
S.
Sporting goods (sales/rental)
T.
Bicycle shop (sales/rental)
U.
Camera/photo supply store
V.
Similar and compatible retail and service oriented uses
W.
5-10.2 Conditional Uses
The following conditional uses are may be permitted in the C-1 District, subject to the
Section 8-5
provisions of and are the minimum requirements for application to the Zoning
Board of Adjustment for a conditional use permit:
Similar and compatible retail and service oriented uses as determined by the Zoning Board of
Adjustment provided the use would be in an existing public, quasi-public, institutional,
commercial, office or industrial building
1.Gas station (not including service station)
A.
2.Indoor restaurant
B.
3.Medical office
4.Licensed Adult Day Services
5.Licensed child care center
6.Wind energy conversion system
C.
5-10.3 Accessory Uses
Section 3-7
The following uses shallmay be permitted as accessory uses as provided in :
1.Any use customarily incidental and subordinate to the principal use it serves
2.Wind turbine (building-mounted).
5-10.4 Temporary Uses
Section 3-18
Temporary uses shall be regulated in conformance with the provisions of .
Dubuque, IA UDCAdopted 00/00/000 87
Section II – Land Use Regulations Article 5 –Zoning Districts
5-10.5Prohibited Uses
The following uses shall be prohibited uses in the C-1District:
Auto sales/service/repair/body shop
A.
Auto service station
B.
Bar/tavern
C.
5-10.5 Parking
Minimum parking requirements shall be regulated in conformance with the provisions of
Article 14
.
5-10.6 Signs
Article 15
Signs shall be regulated in conformance with the provisions of .
5-10.7 Bulk Regulations
Setbacks
Min
Min Lot Min Lot Max Lot Max
3
C1 Neighborhood
Front(feet)
Min Rear
2
Side
AreaFrontageCoverageHeight
Commercial
(square(% lot
MinMax
feet)(feet)area)(feet)(feet)(feet)
1
10
All Uses------------------30
1
Minimum 20 feet for garages facing a street.
2
When abutting a residential or office-residential district, a six foot side setback is required.
3
When abutting a residential or office-residential district, a 20 foot rear setback is required.
5-10.8 Standards for Nonresidential Uses
The following standards shall apply to all nonresidential permitted and conditional uses in
the C-1 District:
A.The use shall be established in an existing structure that was designed for public, quasi-
public, commercial, office, institutional, or industrial use.
B.The structure was never converted to a residential use after the effective date of this
section.
C.The use shall be conducted entirely within the structure.
D.There shall be no outdoor storage of equipment or materials on the property or adjacent
public right-of-way.
E.All vehicles in excess of two, used in conjunction with the use shall be stored within a
building when they remain on the property overnight or during periods of nonuse, unless
an alternate parking location is provided in a properly zoned area.
Dubuque, IA UDCAdopted 00/00/000 88
Section II – Land Use Regulations Article 5 –Zoning Districts
No mechanical, electrical, or other equipment which produces electrical or magnetic
F.
interference, vibration, heat, glare, odor, noise or other nuisances shall occur outside the
structure which houses the use.
5-11 C-2 Neighborhood Shopping Center
TheC-2District is intended to provide small commercial centers serving small clusters of
neighborhoods.The C-2 District will be carefully placedis intended to ensure that the size of
the commercial center, the nature of uses permitted and the locational characteristics are such
that the grouping of such uses will not adversely affect surrounding residences and do not
detract from the residential purpose and character of the surrounding neighborhoods.TheC-2
District shall be located in neighborhoods where parking and traffic can be adequately
handled, and the square footage, hours of operation and intensity of uses are compatible with
the neighborhoods.
5-11.1 Principal Permitted Uses
The following uses shall beare permitted in the C-2 District:
Shoe repair
A.
Tailoring/alterations
B.
Catalog center
C.
Laundromat
D.
Dental/medical lab
E.
Business services
F.
1.Appliance sales or service
G.
2.Artist studio
H.
3.Automated gas station
I.
4.Bank, savings and loan, or credit union
5.Barber or beauty shop
J.
6.Furniture upholstery or repair
K.
7.Furniture or home furnishing sales
L.
8.Gas station
M.
9.General office
N.
Dubuque, IA UDCAdopted 00/00/000 89
Section II – Land Use Regulations Article 5 –Zoning Districts
10.Indoor restaurant
O.
11.Laundry, dry cleaner, or laundromat
P.
12.Medical office
13.Neighborhood shopping center
Q.
14.Personal services
R.
15.Photographic studio
S.
16.Place of religious exercise or assembly
17.Public or private park, golf course, or similar natural recreation area
18.Railroad or public or quasi-public utility, including substation
T.
19.Residential use above the first floor only
U.
20.Retail sales and service
V.
21.School of private instruction
W.
5-11.2 Conditional Uses
The following conditional uses are may be permitted in the C-2 District, subject to the
Section 8-5
provisions of . and are the minimum requirements for application to the Zoning
Board of Adjustment for a conditional use permit:
Drive-up automated teller, provided that:
A.
Ingress, egress and traffic flow shall be acceptable to the City site plan review team; and
B.
Opaque screening shall be provided for adjacent residential uses in conformance with the
C.
site plan review provisions of Section 4-4.
Banks, savings and loans, and credit unions
D.
1.Animal hospital or clinic
E.
2.Carwash, self-service
F.
3.Licensed adult daycareLicensed Adult Day Services
4.Group day careLicensed childcare center
G.
Medical office
H.
Dubuque, IA UDCAdopted 00/00/000 90
Section II – Land Use Regulations Article 5 –Zoning Districts
5.Restaurant, drive-in or carryout
6.Wind energy conversion systems
7.Passenger transfer facility
8.Tattoo parlor
I.
5-11.3 Accessory Uses
Section 3-7
The following uses shall beare permitted as accessory uses as provided in :
1.Any use customarily incidental and subordinate to the principal use it serves
2.Wind turbine (building-mounted).
A.
5-11.4 Temporary Uses
The following uses shall be permitted temporary uses in the C-2District:
Building or trailer for storage of materials and/or equipment necessary for construction
A.
authorized by a valid building permit, provided the location of the building or trailer has been
approved by the building official.
Any use listed as a permitted use within the district of a limited duration as established in
B.
Section2-5.3Section8
and as defined in
Section 3-18
Temporary uses shall be regulated in conformance with the provisions of .
5-11.5 Parking
Minimum parking requirements shall be regulated in conformance with the provisions of
Article 14
.
5-11.6 Signs
Article 15
Signs shall be regulated in conformance with the provisions of .
5-11.7 Bulk Regulations
Setbacks
Min
Min Lot Min Lot Max Lot Max
3
C2 Neighborhood
Front(feet)
Min Rear
2
Side
AreaFrontageCoverageHeight
Shopping Center
(square(% lot
MinMax
feet)(feet)area)(feet)(feet)(feet)
1
10
---------30
All Uses---------
1
Minimum 20 feet for garages facing a street.
2
When abutting a residential or office-residential district, a 20 foot side setback is required.
3
When abutting a residential or office-residential district, a 20 foot rear setback is required.
Dubuque, IA UDCAdopted 00/00/000 91
Section II – Land Use Regulations Article 5 –Zoning Districts
5-12 C-2A Mixed Use Neighborhood
The C-2A District is intended to provide locations for small mixed use and commercial
developments that are separated by at least one-quarter mile, and contain less than two acres
in total developed area that serve one or more neighborhoods. The C-2A District is intended
to be compatible with and serve surrounding residential areas by providing the goods and
services for daily living. The C-2A District is intended reduce the need for vehicular trips and
provide a pedestrian-friendly walkable development.
5-12.1 Principal Permitted Uses
The following uses are permitted in the C-2A District:
1.Bank, savings and loan, or credit union
2.Barber or beauty shop
3.General office
4.Grocery store (less than 30,000 sf)
5.Indoor restaurant (less than 100 seats)
6.Laundromat
7.Personal services
8.Place of religious exercise or assembly
9.Railroad or public or quasi-public utility, including substation
10.Residential use located entirely above the first floor only
11.Retail sales and service (less than 3,500 sf per business)
12.School of private instruction
5-12.2 Conditional Uses
The following conditional uses may be permitted in the C-2A District, subject to the
Section 8-5
provisions of:
1.Animal hospital or clinic
Licensed adult daycare Licensed Adult Day Services
2.Licensed childcare center
3.Pet daycare or grooming
Dubuque, IA UDCAdopted 00/00/000 92
Section II – Land Use Regulations Article 5 –Zoning Districts
4.Wind energy conversion systems
5-12.3 Accessory Uses
Section 3-7
The following uses are permitted as accessory uses as provided in :
1.Any use customarily incidental and subordinate to the principal use it serves
2.Wind turbine (building-mounted).
5-12.4 Temporary Uses
Section 3-18
Temporary uses shall be regulated in conformance with the provisions of .
5-12.5 Parking
Minimum parking requirements shall be regulated in conformance with the provisions of
Article 14
.
5-12.6 Signs
Article 15
Signs shall be regulated in conformance with the provisions of .
5-12.7 Bulk Regulations
Setbacks
Min
Min Lot Min Lot Max Lot Max
3
C2A Mixed Use
Front(feet)
Min Rear
2
Side
AreaFrontageCoverageHeight
Neighborhood
(square(% lot
feet)(feet)area)MinMax(feet)(feet)(feet)
1
10
All Uses------------------30
1
Minimum 20 feet for garages facing a street.
2
When abutting a residential or office-residential district, a 20 foot side setback is required.
3
When abutting a residential or office-residential district, a 20 foot rear setback is required.
5-13 C-3 General Commercial
The C-3 District is intended to provide locations for commercial uses which are designed to
serve the motoring public or uses requiring highway or arterial locationsfor their most
beneficial operation and which cannot be more appropriately located in othercommercial
districts.
5-13.1 Principal Permitted Uses
The following uses shall beare permitted in the C-3 district:
Personal services
A.
Shoe repair
B.
Dubuque, IA UDCAdopted 00/00/000 93
Section II – Land Use Regulations Article 5 –Zoning Districts
Automated gas station
C.
Tailoring/alterations
D.
Furniture/home furnishing
E.
Appliance sales/service
F.
Catalog center
G.
Drive up automated bank teller
H.
Laundromat
I.
Hotels
J.
Mail order houses
K.
Lumberyards/building materials sales
L.
Truck sales/service and repair
M.
Motorcycle sales and service
N.
Boat sales and service
O.
Recreational vehicles sales and service
P.
Vehicle rental
Q.
Upholstery shop
R.
Local shopping center
S.
1.Agricultural supply sales
T.
2.Animal hospital or clinic
U.
3.Artist studio
V.
4.Auditorium or assembly hall
W.
5.Bakery (wholesale/commercial)
X.
6.Bank, savings and loan, or credit union
Y.
7.Bar or tavern
Z.
8.Barber or beauty shop
AA.
Dubuque, IA UDCAdopted 00/00/000 94
Section II – Land Use Regulations Article 5 –Zoning Districts
9.Business services
BB.
10.Carwash, full service
CC.
11.Carwash, self service
DD.
12.Construction supply sales or service
EE.
13.Contractor shop or yard
FF.
14.Dental or medical lab
GG.
15.Department store (60,000 square feet maximum)
HH.
16.Farm implement sales or service
II.
17.Furniture upholstery or repair
JJ.
18.Gas station
KK.
19.General office
LL.
20.SupermarketGrocery store
MM.
21.MotelHotel
NN.
22.Indoor amusement centerarcade
OO.
23.Indoor recreation facility
PP.
24.Indoor restaurant
QQ.
25.Indoor theater
RR.
26.Laundry, dry cleaner, or laundromat
SS.
27.Medical office or clinic
TT.
28.Mini-warehouse
29.Mobile or manufactured home sales or service
UU.
30.Mortuary or funeral home
VV.
31.Moving or storage facility
WW.
32.Museum or library
XX.
33.Neighborhood shopping center
YY.
Dubuque, IA UDCAdopted 00/00/000 95
Section II – Land Use Regulations Article 5 –Zoning Districts
34.Parking structure
ZZ.
35.Pet daycare or grooming
AAA.
36.Photographic studio
BBB.
37.Place of religious exercise or assembly
38.Printing or publishing
CCC.
39.Private club
DDD.
40.Public or private park, golf course, or similar natural recreation area
EEE.
41.Railroad or public or quasi-public utility, including substation
FFF.
42.Residential use above the first floor only
GGG.
43.Restaurant, drive in or carryout
HHH.
44.Retail sales and service
III.
45.School of private instruction
JJJ.
46.Service station
KKK.
47.AutoVehicle repair/body shop
LLL.
48.AutoVehiclesales/service or rental
MMM.
49.AutoVehicleservicecentersor repair
NNN.
50.Vending or game machine sales or service
OOO.
51.Wholesale sales or distributor
52.Tattoo parlor
53.Tour home
PPP.
5-13.2 Conditional Uses
The following conditional uses are may be permitted in the C-3 District, subject to the
Section 8-5
provisions of and are the minimum requirements for application to the Zoning
Board of Adjustment for a conditional use permit:
1.Licensed adult daycareLicensed Adult Day Services
2.Group daycareLicensed childcare center
A.
Dubuque, IA UDCAdopted 00/00/000 96
Section II – Land Use Regulations Article 5 –Zoning Districts
3.Outdoor recreation or outdoor amusement center
B.
D.Mini warehouse facilities Wind energy conversion system
4.Passenger transfer facility
5-13.3 Accessory Uses
Section 3-7
The following uses shall beare permitted as accessory uses as provided in :
1.Any use customarily incidental and subordinate to the principal use it serves.
2.Wind turbine (building-mounted).
3.Crematorium accessory to a mortuary or funeral home.
A.
5-13.4 Temporary Uses
The following uses shall be permitted as temporary uses in theC-3District:Any use listed as
Section2-5.3
a permitted use within the district of a limited duration as established in andas
Section8
defined in ofthis Code. Temporary uses shall be regulated in conformance with the
Section 3-18
provisions of .
5-13.5 Parking
Minimum parking requirements shall be regulated in conformance with the provisions of
Article 14
.
5-13.6 Signs
Article 15
Signs shall be regulated in conformance with the provisions of .
5-13.7 Bulk Regulations
Setbacks
Min
Min Lot Min Lot Max Lot Max
2
Front(feet)
Min Rear
1
C3 General Commercial
Side
AreaFrontageCoverageHeight
(square (% lot
MinMax
feet)(feet)area)(feet)(feet)(feet)
Licensed Childcare
Center, licensed adult
5,000505020---------40
day services
20,000---------
Vehicle Sales
------2040
---------
All Other Uses---------2040
1
When abutting a residential or office-residential district, a 20 foot side setback is required.
2
When abutting a residential or office-residential district, a 20 foot rear setback is required.
Dubuque, IA UDCAdopted 00/00/000 97
Section II – Land Use Regulations Article 5 –Zoning Districts
5-14 C-4 Downtown Commercial
The C-4 District is intended to accommodate provide locations in theolder Downtown
commercial areas of the City by permittingfor a large variety ofunrelated usesthat developed
prior to effective planning techniques.Such uses are characterized by older structures,
deficient traffic and parking patterns, and little open space or green area. The regulations for
this district are designed to encourage the maintenance of existing uses and the private
reinvestment and redevelopment of new commercial uses by providing a wide variety of uses
and liberalize bulk, yard and parking requirements. The C-4 District is not intended to have
any application in undeveloped or newly developing areas of the City. The regulations for
this district are designed to encourage the maintenance of existing uses and the private
reinvestment and redevelopment of new uses.
5-14.1 Principal Permitted Uses
The following uses shall beare permitted in the C-4 District.
Public or private parks, golf courses, or similar natural recreation areas
A.
Museum/libraries
B.
Personal services
C.
Motel
D.
Mail-order houses
E.
1.Agricultural supply sales
F.
2.Animal hospital or clinic
G.
3.Appliance sales or service
H.
4.Noncommercial artArt gallery, museum, or library
I.
5.Artist studio
J.
6.Auditorium or assembly hall
K.
7.Automated gas station
L.
8.Bakery (wholesale/commercial)
M.
9.Banks, savings and loan, or credit union
N.
10.Bar or tavern
O.
11.Barber or beauty shop
P.
Dubuque, IA UDCAdopted 00/00/000 98
Section II – Land Use Regulations Article 5 –Zoning Districts
12.Business services
Q.
13.Catalog center
R.
14.Construction supply sales or service
S.
15.Contractor shop or yard
T.
16.Dental or medical lab
U.
17.Department store/60,000 square feet maximum
V.
18.Furniture upholstery or repair
W.
19.Furniture or home furnishing sales
X.
20.Gas station
Y.
21.General office
Z.
22.Grocery store
23.Hotel
AA.
24.Housing for the elderly or persons with disabilities(not identified with (5) above)
BB.
25.Indoor amusement center
CC.
26.Indoor recreation facility
DD.
27.Indoor restaurant
EE.
28.Indoor theater
FF.
29.Laundry, drycleaner, or laundromat
GG.
30.Medical office or clinic
HH.
31.Mortuary or funeral home
II.
32.Neighborhood shopping center
JJ.
33.Parking structure
KK.
34.Pet daycare or grooming
35.Photographic studio
LL.
36.Churches, convents, and monasteriesPlace of religious exercise or assembly
MM.
Dubuque, IA UDCAdopted 00/00/000 99
Section II – Land Use Regulations Article 5 –Zoning Districts
37.Printing or publishing
NN.
38.Private club
OO.
39.Public, private or parochial school approved by the Iowa State Board of Public
PP.
Instruction (K-12)
40.Railroad or public or quasi-public utility, including substation
QQ.
41.Residential use above the first floor only
RR.
42.Retail sales or service
SS.
43.School of private instruction
TT.
44.Service station
UU.
45.Shoe repair
VV.
46.Supermarket
WW.
47.Tailor or alteration shop
XX.
48.Upholstery shop
YY.
49.Vending or game machine sales or service
ZZ.
50.Wholesale sales or distributor
51.Tattoo Parlor
52.Tour home
AAA.
Vocational school
DDD.
Business/secretarial school
EEE.
Off-street parking lot
FFF.
5-14.2 Conditional Uses
The following conditional uses are may be permitted in the C-4 District, subject to the
Section 8-5
provisions of and are the minimum requirements for application to the Zoning
Board of Adjustment for a conditional use permit:
Full-service carwash
A.
Motorcycle sales and service
B.
Dubuque, IA UDCAdopted 00/00/000 100
Section II – Land Use Regulations Article 5 –Zoning Districts
Boat sales and service
C.
Recreational vehicles sales and service
D.
Vehicle rental
E.
1.Self-service cCarwash
F.
2.Licensed adult daycareLicensed Adult Day Services
3.Group day careLicensed childcare center
G.
4.Drive-up automated bank tellerOff-street parking
H.
5.Restaurant, drive-in or carryout
I.
6.AutoVehiclerepair or body shop
J.
7.AutoVehiclesales/serviceor rental
K.
8.AutoVehicleservicecentersor repair
9.Wind energy conversion system
10.Passenger transfer facility
L.
5-14.3 Accessory Uses
Section 3-7
The following uses shall beare permitted as accessory uses as provided in :
1.Any use customarily incidental and subordinate to the principal use it serves
2.Wind turbine (building-mounted).
3.Crematorium accessory to a mortuary or funeral home.
4.Drive-up automated bank teller.
A.
5-14.4 Temporary Uses
The following uses shall be permitted as temporary uses in the C-4District;
Any use listed as a permitted use within the district of a limited duration as established in
A.
Section2-5.3Section8
and as defined in ofthis Code.
Section 3-18
Temporary uses shall be regulated in conformance with the provisions of .
Dubuque, IA UDCAdopted 00/00/000 101
Section II – Land Use Regulations Article 5 –Zoning Districts
5-14.5 Parking
Minimum parking requirements shall be regulated in conformance with the provisions of
Article 14
,except that new Off-street parking is not required. Newsurface off-street
parking lots are prohibited unless approved by the City Council. . Underground and above-
ground parking garages are allowed provided they are an integral part of a new or existing
building.
5-14.6 Signs
Article 15
Signs shall be regulated in conformance with the provisions of .
5-14.7 Bulk Regulations
Setbacks
Min
Min
Min Lot Min Lot Max lot Max
2
C4 Downtown
Min Rear
1
Front
Side
AreaFrontageCoverageHeight
Commercial
(square(% lot
feet)(feet)area)(feet)(feet)(feet)(feet)
Permitted Uses
Residential Above 1st
Floor
------------------75
Vehicle Sales
20,000---------------75
All Other Permitted
Uses
------------------75
Conditional Uses
Licensed child care
center, adult day
services
3,5005050---------75
All Other Conditional
Uses
---------10------75
1
When abutting a residential or office-residential district, a six foot side setback is required.
2
When abutting a residential or office-residential district, a 20 foot rear setback is required.
5-15 C-5 Central Business
The C-5 district is intended to be appliedprovide locations for a wide variety of uses. The
district is intended to be applied to a very limited Downtown business coreand the City's
urban renewal area.The development within this business core shall be encouraged by
permitting a wide varietyof uses and very liberal bulk regulations and parking requirements.
5-15.1 Principal Permitted Uses
The following uses shall beare permitted in the C-5 district.
Museum/libraries
A.
Personal services
B.
Motel
C.
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Section II – Land Use Regulations Article 5 –Zoning Districts
1.Appliance sales or service
D.
2.Noncommercial aArt gallery, museum, or library
E.
3.Artist studio
F.
4.Auditorium or assembly hall
G.
5.Automated gas station
H.
6.Bank, savings and loan, or credit union
I.
7.Bar or tavern
J.
8.Barber or beauty shop
K.
9.Business services
L.
10.Carryout restaurant (not including drive-in)
M.
11.Catalog center
N.
12.Convention center
O.
13.Dental or medical lab
P.
14.Department store
Q.
15.Furniture or home furnishing sales
R.
16.Gas station
S.
17.General office
T.
18.Hotel
U.
19.Housing for the elderly or persons with disabilities
V.
20.Indoor amusement center
W.
21.Indoor recreation facility
X.
22.Indoor restaurant
Y.
23.Indoor theater
Z.
24.Laundry or dry cleaner
AA.
25.Medical office or clinic
BB.
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Section II – Land Use Regulations Article 5 –Zoning Districts
26.Parking structure
CC.
27.Photographic studio
28.Places of religious exercise or assembly
DD.
29.Printing or publishing
EE.
30.Private club
FF.
31.Railroad or public or quasi-public utility, including substation
GG.
32.Regional shopping center
HH.
33.Residential use above the first floor only
II.
34.Retail sales or service
JJ.
35.School of private instruction
KK.
36.Service station
LL.
37.Shoe repair
MM.
38.Sport arena
NN.
39.Supermarket
OO.
40.Tailor or alteration shop
41.Tattoo parlor
PP.
Vocational school
NN.
Business/secretarial school
OO.
5-15.2 Conditional Uses
The following conditional uses are may be permitted in the C-5 district, subject to the
Section 8-5
provisions of and are the minimum requirements for application to the Zoning
Board of Adjustment for a conditional use permit:
1.Licensed adult daycareLicensed Adult Day Services
2.Group daycareLicensed childcare center
3.Wind energy conversion system
4.Passenger transfer facility
A.
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5-15.3 Accessory Uses
Section 3-7
The following uses shall beare permitted as accessory uses as provided in :
1.Any use customarily incidental and subordinate to the principal use it serves.
2.Drive-up automated bank teller.
A.
5-15.4 Temporary Uses
The following uses shallmay be permitted as temporary uses in the C-5 district in
Section 3-18
conformance with the provisions of :
1.Any use listed as a permitted use within the districtof a limited duration as
A.
Section2-5.3Section8
established in as defined in ofthis Code
2.Temporary surface parking lot may be allowed as part of a construction or redevelopment
project
3.Wind turbine (building-mounted).
B.
5-15.5 Parking
Minimum parking requirements shall be regulated in conformance with the provisions of
Article 14
, except that new Off street parking is not required. New surface off-street parking
lots are prohibited unless approved by the City Council. Underground and above-ground
parking garages are allowed provided they are an integral part of a new or existing building.
5-15.6 Signs
Article 15
Signs shall be regulated in conformance with the provisions of .
5-15.7 Bulk Regulations
Setbacks
Min
Min Lot Min Lot Max Lot Max
1
Front(feet)
Min Rear
C5 Business
Side
AreaFrontageCoverageHeight
(square(% lot
feet)(feet)area)MinMax(feet)(feet)(feet)
All Uses------------------------
1
When abutting a residential or office-residential district, a 20 foot rear setback is required.
5-16 CS Commercial Service and Wholesale
The CS district is intended to provide areaslocations for a variety of business services, office
uses, limited industrial activity and major wholesale operations. The CS uses are primarily
characterized by large storage space requirements, high volume truck traffic and low volume
customer traffic.Special emphasis shall be placed on selection of areas to be granted CS
classification. It is intended that the CS district is one that provides a transitional zone that
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Section II – Land Use Regulations Article 5 –Zoning Districts
can be used between industrial and commercial uses and in cases where topography
establishes a transitional area due to physical limitations between industrial and higher
density residential development.
5-16.1 Principal Permitted Uses
The following uses shall beare permitted in the CS District:
Personal services
A.
Truck sales/service repair
B.
Mobile home sales
C.
Motorcycle sales and service
D.
Boat sales and service
E.
Recreational vehicles sales and service
F.
Vehicle rental
G.
Tool, die and pattern making
H.
Welding services
I.
1.Agricultural supply sales
J.
2.Animal hospital or clinic
K.
3.Appliance sales or service
L.
4.Auto part sales or supply
M.
5.Business services
N.
6.Construction supply sales or service
O.
7.Contractor shop or yard
P.
8.Farm implement sales or service
Q.
9.Freight transfer facility
R.
10.Fuel or ice dealerandmanufacturing
S.
11.Furniture upholstery or repair
T.
12.Furniture or home furnishing sales
U.
13.General office
V.
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14.Kennel
W.
15.Landscaping services (not including retail sales as primary use)
X.
16.Lumberyard or building material sales
Y.
17.Mail order house
Z.
18.Medical or dental lab Dental or medical lab
AA.
19.Mini warehousing
BB.
20.Moving or storage facility
CC.
21.Off street parking lot
DD.
22.Office supply
EE.
23.Pet daycare or grooming
24.Printing or publishing
FF.
25.Processing or assembly
26.Passenger transfer facility
27.Resource recovery/recycling center (indoor only)
GG.
28.Railroad or public or quasi-public utility, including substation
HH.
29.Refrigeration equipment sales or service
II.
30.Upholstery shop
JJ.
31.AutoVehicle repair/body shop
KK.
32.AutoVehiclesales/service or rental
LL.
33.AutoVehicleservicecentersor repair
MM.
34.Vending or game machine sales or service
NN.
35.Wholesale sales or distributor
OO.
5-16.2 Conditional Uses
The following conditional uses are may be permitted in the CS district, subject to the
Section 8-5
provisions of and are the minimum requirements for application to the Zoning
Board of Adjustment for a conditional use permit:
1.Licensed Adult Day Services
Dubuque, IA UDCAdopted 00/00/000 107
Section II – Land Use Regulations Article 5 –Zoning Districts
2.Licensed child care center
3.ReservedWind energy conversion system.
5-16.3 Accessory Uses
Section 3-7
The following uses shall beare permitted as accessory uses as provided in :
1.Any use customarily incidental and subordinate to the principal use it serves.
2.Wind energy turbine (building-mounted).
5-16.4 Temporary Uses
The following uses shall be permitted as temporary uses in the CS district in conformance
Section 3-18
with the provisions of :
1.ReservedAny use listed as a permitted use within the district.
A.
5-16.5 Parking
Minimum parking requirements shall be regulated in conformance with the provisions of
Article 14
.
5-16.6 Signs
Article 15
Signs shall be regulated in conformance with the provisions of .
5-16.7 Bulk Regulations
Setbacks
Min
Min Lot Min Lot Max Lot Max
2
CS Commercial Service
Front(feet)
Min Rear
1
Side
AreaFrontageCoverageHeight
and Wholesale
(square(% lot
MinMax
feet)(feet)area)(feet)(feet)(feet)
Vehicle Sales20,000------20---------40
All Other Uses---------20---------40
1
When abutting a residential or office-residential district, a 20 foot side setback is required.
2
When abutting a residential or office-residential district, a 20 foot rear setback is required.
5-17 CR Commercial Recreation
B.
The CR district is intended to provide for commercial recreation facilities, together with their
supporting uses, which generally require large tracts of land and/or generate substantial
volumes of traffic.
5-17.1 Principal Permitted Uses
The following uses shall beare permitted in the CR district:
Museum/libraries
A.
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General offices
B.
Personal services
C.
Motel
D.
Drive-up automated bank teller
E.
Animal hospital/clinic
F.
Vehicle rental
G.
Horse racing, breeding, and stable and track operations
H.
1.Noncommercial artArt gallery, museum or library
I.
2.Athletic field, stadium or sport arena
J.
3.Auditorium or assembly hall
K.
4.Bowling alley
L.
5.Campground or recreational vehicle park
M.
6.Carwash, self-service
N.
7.Convention center
O.
8.Dogand horse racing, kennels, or track operation
P.
9.Excursion boat or boat services
Q.
10.BeachesGambling facility licensed by the State of Iowa
R.
11.Health, sport, recreation or athletic club or organization
S.
12.Hotel
T.
13.Indoor amusement center
U.
14.Indoor recreation facility
V.
15.Indoor restaurant
W.
16.Indoor theater
X.
17.Laundry, dry cleaner or laundromat
Y.
18.Recreational vehicle sales and serviceMarine vehicle body shop
Z.
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Section II – Land Use Regulations Article 5 –Zoning Districts
19.Boat sales and serviceMarine vehicle sales or rental
AA.
20.Motorcycle sales and serviceMarine vehicle service or repair
BB.
21.Off street parking lot
CC.
22.Outdoor recreation
DD.
23.Parking structure
24.Passenger transfer facility
EE.
25.Place of religious exercise or assembly
26.Pleasure craft harbor
FF.
27.Private club
GG.
28.Public or private park, golf course, or similar natural recreation area
HH.
29.Railroad or public or quasi-public utility, including substation
II.
30.Retail sales and service
31.Tour home
5-17.2 Conditional Uses
The following conditional uses are may be permitted in the CR district, subject to the
Section 8-5
provisions of and are the minimum requirements for application to the Zoning
Board of Adjustment for a conditional use permit:
A.Automated gas stationLicensed Adult Day Services
B.1.Licensed child care center
2.Wind energy conversion system
3.Bar or tavern
C.
4.Drive-up automated bank teller
5.Gas station
D.
6.Restaurant, drive-in or carryout
E.
5-17.3 Accessory Uses
Section 3-7
The following uses shall beare permitted as accessory uses as provided in :
1.Any use customarily incidental and subordinate to the principal use it serves.
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Section II – Land Use Regulations Article 5 –Zoning Districts
2.Wind turbine (building-mounted).
5-17.4 Temporary Uses
The following uses shall be permitted as temporary uses in the CR district in conformance
Section 3-18
with the provisions of :
1.ReservedAny use listed as a permitted use within the district.
5-17.5 Parking
Minimum parking requirements shall be regulated in conformance with the provisions of
Article 14
.
5-17.6 Signs
Article 15
Signs shall be regulated in conformance with the provisions of .
5-17.7 Bulk Regulations
Setbacks
Min
Min Lot Min Lot Max lot Max
2
CR Commercial
Front(feet)
Min Rear
1
Side
AreaFrontageCoverageHeight
Recreation
(square(% lot
MinMax
feet)(feet)area)(feet)(feet)(feet)
Bar/Tavern---------20---------40
Gas Station---------20---------40
Drive Thru/Carryout
Restaurant
---------20---------40
All Other Uses---------20---------100
1
When abutting a residential or office-residential district, a 20 foot side setback is required.
2
When abutting a residential or office-residential district, a 20 foot rear setback is required.
5-18 LI Light Industrial
The LI district is intended to provide locationsfor a variety of uses associated primarily in
the conduct of light manufacturing, assembling and fabrication, warehousing, wholesaling
and commercial service operations that require adequate accessibility to transportation
facilities. The district is also intended to provide locations for a limited amount of
commercial development that will serve employees of surrounding industrial uses.designed
to accommodate the expansion of existing uses and provide for infill of vacant properties but
is not generally intended to be an expandable district other than through the use of a planned
unit development district as provided in section 3-5.5 of this ordinance.
5-18.1 Principal Permitted Uses
The following uses shall beare permitted in the LI district:
Personal services
A.
Truck sales, service and repair
B.
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Motorcycle sales/service
C.
Boat sales/service
D.
Recreation vehicle sales/service
E.
Vehicle rental
F.
Compounding, processing, and packaging of chemical products, but not including highly
G.
flammable or explosive materials
Manufacture, assembly, repair or storage of electrical and electronic products, components,
H.
or equipment
Manufacture or assembly of musical instruments; toys; watches or clocks; medical, dental,
I.
optical, or similar scientific instruments; orthopedic or medical appliances; signs or
billboards
1.Agricultural supply sales
J.
2.Animal hospital or clinic
K.
3.Auto part sales
L.
4.Automated gas station
M.
5.Bakery (wholesale/commercial)
N.
6.Bank, savings and loan, or credit union
O.
7.Bar or tavern
P.
8.Business services
Q.
9.Carwash, full service
R.
10.Carwash, self service
S.
11.Cold storage or locker plant
T.
12.Construction supply sales or service
U.
13.Contractors shop or yard
V.
14.Drive up automated bank teller
W.
15.Farm implement sales, service or repair
X.
16.Freight transfer facility
Y.
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Section II – Land Use Regulations Article 5 –Zoning Districts
17.Fuel or ice dealer
Z.
18.Furniture upholstery or repair
AA.
19.Gas station
BB.
20.General office
CC.
21.Grocery store
DD.
22.Indoor recreation facility
EE.
23.Indoor restaurant
FF.
24.Kennel
25.Laboratory for research or engineering
GG.
26.Lumberyard or building materials sales
HH.
27.Mail order house
II.
28.Manufacture, compounding, assembly or treatment of articles or products
JJ.
from the following substances: clothing or textiles; rubber; precious or semiprecious
stones or metals; wood; plastics; paper; leather; fiber; glass; hair; wax; sheet metal;
concrete; feathers; fur; and cork, but not including the manufacture of such raw
substances as a principal operationManufacturing, secondary
29.Medical or dental lab Dental or medical lab
KK.
30.Mini-warehousing
31.Mobile home sales
LL.
32.Moving or storage facility
MM.
33.Off street parking lot
NN.
34.Outdoor recreation facility
35.Parking structure
36.Passenger transfer facility
OO.
37.Pet daycare or grooming
38.Printing or publishing
PP.
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Section II – Land Use Regulations Article 5 –Zoning Districts
39.Packing and processingProcessing, packaging, or storing of meat, dairy or
QQ.
food products, but notto includeing slaughterhouses or stockyards
40.Railroad or public or quasi-public utility, including substation
RR.
41.Restaurant, drive in or carryout
SS.
42.Service station
TT.
43.Tool, die, or pattern making
44.Resource recovery/recycling center (indoor only)
45.Upholstery shop
UU.
46.AutoVehicle repair/body shop
VV.
47.AutoVehiclesalesand serviceor rental
WW.
48.AutoVehicleservicecentersor repair
XX.
49.Vending or game machine sales or service
YY.
50.Warehousing or storage facility
ZZ.
51.Welding services
52.Wholesale sales or distributor
AAA.
5-18.2 Conditional Uses
The following conditional uses are may be permitted in the LI district, subject to the
Section 8-5
provisions of and arethe minimum requirements for application to the Zoning
Board of Adjustment for a conditional use permit:
1.Licensed Adult Day Services
2.Group daycareLicensed childcare center
3.Wind energy conversion systems
A.
5-18.3 Accessory Uses
Section 3-7
The following uses shall beare permitted as accessory uses as provided in :
1.Any use customarily incidental and subordinate to the principal use it serves.
2.Wind turbine (building-mounted).
3.Drive-up automated bank teller.
A.
Dubuque, IA UDCAdopted 00/00/000 114
Section II – Land Use Regulations Article 5 –Zoning Districts
5-18.4 Temporary Uses
The following uses shallmay be permitted as temporary uses in the LI district in
Section 3-18
conformance with the provisions of :
1.Batch plants (asphalt or concrete)Any use listed as a permitted use within the district.
A.
5-18.5 Parking
Minimum parking requirements shall be regulated in conformance with the provisions of
Article 14
.
5-18.6 Signs
Article 15
Signs shall be regulated in conformance with the provisions of .
5-18.7 Bulk Regulations
5-19 HI Heavy Industrial
The HI Heavy Industrial District is intended to provideappropriate locations forthose
industrial uses which by their naturetend to generate levels of smoke, dust, noise,or odors,
or other visual impacts that render them incompatible with virtually all other land uses.The
Council finds that the continued operation and development of such quasi-nuisance uses is
necessary to the economic health and public welfare of the community, but that the
potentially harmful impacts of such uses upon surrounding activities requires them be
physically isolated or “buffered” from adjacent uses that may be adversely affected. For this
reason, the HI Heavy Industrial District will be mapped only in areas where topographic
features or adjacent light industrial districts mitigate the effects of the zone upon nearby uses.
This District is also designed to accommodate the expansion of existing uses and provide for
infill of vacant parcels but is not generally intended to be an expandable district other than
through the use of a planned unit development district as provided in Section 3-5.5 of this
Ordinance. The district is also intended to provide locations for a limited amount of
commercial development that will serve employees of surrounding industrial uses.
5-19.1 Principal Permitted Uses
The following uses shallbeare permitted in the HI district:
Personal services
A.
Truck sales, service and repair
B.
Motorcycle sales/service
C.
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Section II – Land Use Regulations Article 5 –Zoning Districts
Boat sales/service
D.
Recreation vehicle sales/service
E.
Vehicle rental
F.
Compounding, processing, and packaging of chemical products, but not includinghighly
G.
flammable or explosive materials
Manufacture, assembly, repair or storage of electrical and electronic products, components,
H.
or equipment
Manufacture or assembly of musical instruments; toys; watches or clocks; medical, dental,
I.
optical, or similar scientific instruments; orthopedic or medical appliances; signs or
billboards
Manufacture or processing of the following materials: acid, lime or lime products; coke;
J.
coal tar; creosote; celluloid or cellulose products; detergent; and ammonia or chlorine
1.Agricultural supply sales
K.
2.Animal hospital or clinic
L.
3.Auto part sales
M.
4.Automated gas station
N.
5.Bakery (wholesale/commercial)
O.
6.Bank, savings and loan, or credit union
P.
7.Bar or tavern
Q.
8.Business services
R.
9.Carwash, full-service
S.
10.Carwash, self-service
T.
11.Cold storage or locker plant
U.
12.Construction supply sales and service
V.
13.Contractors shop or yard
W.
14.Gas stationConvenience store
X.
15.Crematorium, reduction plant, foundry, forge or smelter
Y.
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Section II – Land Use Regulations Article 5 –Zoning Districts
16.Drive-up automated bank teller
Z.
17.Farm implement sales, service or repair
AA.
18.Freight transfer facility
BB.
19.Fuel or ice dealer
CC.
20.Furniture upholstery or repair
DD.
21.General office
EE.
22.Grain or barge terminal
FF.
23.Indoor recreation facility
GG.
24.Indoor restaurant
HH.
25.Junkyard or salvage yard
II.
26.Kennel
27.Laboratory for research or engineering
JJ.
28.Lumberyard or building material sales
KK.
29.Mail order house
LL.
30.Manufacture, compounding, assembly or treatment of articles or products from the
MM.
following substances: clothing or textiles; rubber; precious or semi-precious stones or
metals; wood; plastics; paper; leather; fiber; glass; hair; wax; sheet metal; concrete;
feathers; fur; and corkManufacturing, primary
31.Manufacture, storage or processing of the following products or materials: glue,
NN.
petroleum products or any flammable liquid; asphalt or concrete products; explosive
materials of any type; structural steel andfoundry products; fertilizer; pharmaceutical
products, including cosmetics, toiletries, and soap; and stone products, including brick,
building stone, and similar masonry materialsManufacturing, secondary
32.Medical or dental lab Dental or medical lab
OO.
33.Mini-warehousing
34.Mobile home sales
PP.
35.Moving or storage facility
QQ.
36.Off street parking lot
RR.
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Section II – Land Use Regulations Article 5 –Zoning Districts
37.Packing andPackaging, processing, or storing of meat, dairy or food products, but not to
include slaughterhouses or stockyards
38.Passenger transfer facility
SS.
39.Parking structure
40.Resource recovery/recycling center (outdoor/indoor).
TT.
41.Pet daycare or grooming
42.Printing or publishing
UU.
43.Railroad or public or quasi-public utility, including substation
VV.
44.Restaurant, drive in or carryout
WW.
45.Sanitary landfill
XX.
46.Service station
YY.
47.Sewage treatment plant
ZZ.
48.Slaughterhouse or stockyard
AAA.
49.Tool, die, or pattern making
50.Upholstery shop
BBB.
51.AutoVehiclerepair/body shop
CCC.
52.AutoVehicle sales or servicesrental
DDD.
53.AutoVehicle service centersand repair
EEE.
54.Vending or game machine sales or service
FFF.
55.Warehousing, packaging, distribution or storage facility
GGG.
56.Welding services
57.Wholesale sales or distributor
HHH.
5-19.2 Conditional Uses
The following conditional uses are may be permitted in the HI district, subject to the
Section 8-5
provisions of and are the minimum requirements for application to the Zoning
Board of Adjustment for a conditional use permit:
1.Group daycareLicensed Adult Day Services
Dubuque, IA UDCAdopted 00/00/000 118
Section II – Land Use Regulations Article 5 –Zoning Districts
2.Licensed childcare center
A.
3.Residential use
B.
4.Retail sales and service
5.Wind energy conversion system
C.
5-19.3 Accessory Uses
Section 3-7
The following uses shall beare permitted as accessory uses as provided in :
1.Any use customarily incidental and subordinate to the principal use it serves.
2.Wind turbine (building-mounted).
3.Drive-up automated bank teller.
A.
5-19.4 Temporary Uses
The following uses may be permitted as temporary uses in the HI district in conformance
Section 3-18
with the provisions of :
1.Any use listed as a permitted use within the district.Reserved for future use.
A.
5-19.5 Parking
Minimum parking requirements shall be regulated in conformance with the provisions of
Article 14
.
5-19.6 Signs
Article 15
Signs shall be regulated in conformance with the provisions of .
5-19.7 Bulk Regulations
(square (% lot
MinMax
feet)(feet)area)(feet)(feet)(feet)
Vehicle Sales20,000------------------150
All Other Uses---------------------150
¹ When abutting a residential or office-residentail district, a 20-foot side setback is required.
² When abutting a residential or office-residentail district, a 20-foot side setback is required.
5-20 MHI Modified Heavy Industrial
B.
The MHI Modified Heavy Industrial District is intended to provideappropriate locations for
most heavy industrial uses, while also serving as a buffer for transitional and redeveloping
areas, particularly along the U.S. 61/151 freeway corridor, from thosethe most intense
industrial uses which, by their nature,tend to generate levels of smoke, dust, noise,or odors,
orhaveothervisual impacts that render them incompatible with virtually all other land uses.
This district is also intended to provide locations for a limited amount of commercial
development that will serve employees of surrounding industrial uses.For this reason, the
MHI District will be mapped only in areas where topographic features or adjacent zoning
Dubuque, IA UDCAdopted 00/00/000 119
Section II – Land Use Regulations Article 5 –Zoning Districts
districts mitigate the effects of the zone upon nearby uses. This district is also designed to
accommodate the expansion of existing uses and provide for infill of vacant parcels but is not
generally intended to be an expandable district other than through the use of a planned unit
development as provided in this Code.
5-20.1 Principal Permitted Uses
The following uses shall beare permitted in the MHI district:
Personal services
A.
Truck sales, service and repair
B.
Motorcycle sales/service
C.
Boat sales/service
D.
Recreation vehicle sales/service
E.
Vehicle rental
F.
Compounding, processing and packaging of chemical products, but not including highly
G.
flammable or explosive materials
Manufacture, assembly, repair or storage of electrical and electronic products, components
H.
or equipment
Manufacture or assembly of musical instruments; toys; watches or clocks; medical, dental,
I.
optical or similar scientific instruments; orthopedic or medical appliances; signs or
billboards
1.Agricultural supply sales
J.
2.Animal hospital or clinic
K.
3.Auto part supply
L.
4.Automated gas station
M.
5.Bakery (wholesale/commercial)
N.
6.Bank, savings and loan, or credit union
O.
7.Bar or tavern
P.
8.Business services
Q.
9.Carwash, full service
R.
10.Carwash, self-service
S.
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Section II – Land Use Regulations Article 5 –Zoning Districts
11.Cold storage or locker plant
T.
12.Construction supply sales or service
U.
13.Contractors shop or yard
V.
14.Gas stationConvenience store
W.
15.Drive-up automated bank teller
X.
16.Farm implement sales, service or repair
Y.
17.Freight transfer facility
Z.
18.Fuel or ice dealer
AA.
19.Furniture upholstery or repair
BB.
20.General office
CC.
21.Indoor recreation facility
DD.
22.Indoor restaurant
EE.
23.Kennel
24.Laboratory for research or engineering
FF.
25.Lumberyard or building material sales
GG.
26.Mail order house
HH.
27.Manufacturing, compounding, assembly or treatment of articles or products from the
II.
following substances: clothing or textiles; rubber; precious or semiprecious stones or
metals; wood; plastics; paper; leather; fiber; glass; hair; wax; sheet metal; concrete;
feathers; fur; and corkManufacturing, primary
28.Manufacture, storage or processing of the following products or materials: glue,
JJ.
petroleum products or any flammable liquid; asphalt or concrete products; explosive
materials of any type; structural steel and foundry products; fertilizer; pharmaceutical
products, including cosmetics, toiletries and soap; and stone products, including brick,
building stone, and similar masonry materialsManufacturing, secondary
Medical/dental lab Dental or medical lab
KK.
29.Mini-warehousing
30.Mobile home sales
LL.
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31.Moving or storage facility
MM.
NN.32.Off street parking lot
33.Passenger transfer facility
OO.
34.Parking structure
35.Pet daycare or grooming
36.Printing or publishing
PP.
37.Packing and processingProcessing, packaging, or storing of meat, dairy or food
QQ.
products, but notto includeing slaughterhouse or stockyard
RR.38.Railroad or public or quasi-public utility, including substation
39.Resource recovery/recycling center (indoor only)
SS.
40.Restaurant, drive-in or carryout
TT.
41.Service station
UU.
42.Tool, die, or pattern making
43.Upholstery shop
VV.
44.AutoVehiclerepair/body shop
WW.
45.AutoVehicle sales or servicesrental
XX.
46.AutoVehicleservicecentersor repair
YY.
47.Vending or game machine sales or service
ZZ.
48.Warehousing, packaging, distribution, or storage facility
AAA.
49.Welding services
50.Wholesale sales or distributor
BBB.
5-20.2 Conditional Uses
The following conditional uses are may be permitted in the MHI district, subject to the
Section 8-5:
provisions of and are the minimum requirements for application to the Zoning
Board of Adjustment for a conditional use permit:
1.Grain or barge terminal
2.Licensed adult day services
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3.Group daycareLicensed childcare center
4.Wind energy conversion system
5-20.3 Accessory Uses
Section 3-7
The following uses shall be permitted as accessory uses as provided in :
1.Any use customarily incidental and subordinate to the principal use it serves.
2.Wind turbine (building-mounted).
3.Drive-up automated bank teller.
A.
5-20.4 Temporary Uses
The following uses shall be permitted as temporary uses in the MHI district in conformance
Section 3-18
with the provisions of :
1.Batch plants for asphalt and concrete paving projectsAny use listed as a permitted use
A.
within the district.
5-20.5 Parking
Minimum parking requirements shall be regulated in conformance with the provisions of
Article 14
.
5-20.6 Signs
Article 15
Signs shall be regulated in conformance with the provisions of .
5-20.7 Bulk Regulations
5-21 AG Agriculture
B.
The AG Agriculture District is intended to conserve farm land for agricultural purposes and
to serve as a "holding" zone to prevent the premature development of large land acreages and
of recently annexed land for which the most appropriate future use has not yet been
determined.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.
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5-21.1 Prohibited Uses
The following uses are prohibited in the AG district:
A.Feedlot
B.Livestock confinement operation
5-21.2 Principal Permitted Uses
The following uses shall beare permitted in the AG district:
A.1.Farming and Aagriculture, including the raising of field crops and livestock,
horticulture, forestry, animal husbandry, and similar farming activities
B.2.Noncommercial nursery
C.3.Railroad or public or quasi-public utility, including substation
D.Reserved for future use
5-21.3 Conditional Uses
ReservedThe following conditional uses may be permitted in the AG district, subject
Section 8-5
to the provisions of :
1.Kennel
A.
2.Retail sale of agricultural products
3.Winery
4.Wind energy conversion system
5-21.4 Accessory Uses
Section 3-7
The following uses shallmay be permitted as accessory uses as provided in :
1.Barbed wire or electric fences when used for livestock containment
A.
2.Barn, shed or similar structure
B.
3.Seasonal sale of produce grown on site
C.
4.Single-family detached dwelling, provided it is located on a lot of 10 acres or more and is
incidental and subordinate to an active agricultural use it serves
5.Wind turbine (building-mounted).
D.
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5-21.5 Temporary Uses
Section
Reserved Temporary uses shall be regulated in conformance with the provisions of
3-18
.
5-21.6 Bulk Regulations
Reserved
5-21.7 Parking
Reserved Minimum parking requirements shall be regulated in conformance with the
Article 14
provisions of .
5-21.8 Signs
Article 15
Reserved Signs shall be regulated in conformance with the provisions of .
5-22 ID Institutional
The council finds that several factors distinguish institutions from other land use activities.
The most significant feature of institutions is their tendency to function as substantially
separate communities within the City. They maintain a large and definable resident
population within a more or less discrete geographical area. Typically, a broad range of
essential living services and facilities are provided by the institutions internally for both its
resident and transitory populations. 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.
The ID Institutional District is intended to address the particular problems and characteristics
of Dubuque's many institutional facilities. It is the intent of this Code that this district shall
only be applied to facilities possessing the characteristics of an institutional use set forth in
this section.
It is further the intent of this Code that, because of the very substantial impact institutional
uses may have upon the surrounding community, no expansion of an existing ID district will
be permitted except in accordance with the provisions of this section, which requires a
conceptual development plan to be filed and approved prior to institutional reclassification or
substantial on premises expansions.
5-22.1 Principal Permitted Uses
The following uses are permitted in the ID district, subject to the limitations found in this
Section:
Off street parking and loading
A.
1.Business and secretarial school
B.
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2.Classroom, laboratory, lecture hall, auditorium or similar place of institutional
C.
assembly
3.College or university
D.
4.Existing private use or structuresituated within an I-D district for which the R-3 district
E.
standards shall apply
5.Farm, garden, nursery or greenhouse
F.
6.Hospital
G.
7.Library or museum
H.
8.Additional Principal Permitted Uses for Medical Institutions: In addition to the principal
I.
permitted uses listed above, the following additional principal uses shall be permitted for
medical institutions, but only in accordance with he limitations of subsection 3-5.2(E) of
this section. (1) Medical facility and operation for the diagnosis, care, and treatment of
human health disorders, including examination or operating rooms, physical therapy or
X-ray facilities, psychiatric treatment, convalescent care, and similar hospital related
uses. This provision shall include separate doctors' clinic, drugstore, or other medical
facility not owned or operated by the principal institution, but only where such facility is
functionally related to the institution and is included within the original institutional
district boundary or the approved preliminary development plan.
9.Nursing or convalescent home for institutional residents or affiliates
J.
10.Office for administrative personnel or other institutional employees or affiliates
K.
11.Outpatient care facility
L.
12.Place of religious worship or exercise
M.
13.Recreational or athletic facility for the primary use and benefit of institutional
N.
residents or affiliates
14.Residential care facility
O.
15.Seminary
P.
16.Single-, two-, or multiple-family dwelling to house institutional residents or affiliates
Q.
17.Vocational school
R.
R.Reserved for future use
R.5-22.2 Conditional Use
1.Wind energy conversion system
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5-22.3 Accessory Uses
Section 3-7
The following uses shallmay be permitted as accessory uses as provided in :
1.All other uses customarily incidental to the principal permitted use in conjunction
A.
with which such accessory use is operated or maintained, but not to include commercial
uses outside a principal building
2.As an accessory use to a medical institution, and located entirely within a principal
B.
building, a facility for the compounding, dispensing, or sale of drugs or medicines,
prosthetic devices, lotions and preparations, dental care supplies, eyewear, bandages or
dressings, and similar medical or health-related supplies
3.As an accessory use to an educational institution and located entirely within a
C.
principal building, bookstore, or bar seating not more than 75 persons at one time and
located not closer than 200 feet from the nearest residential or office-residential district
4.Group daycare centerLicensed Adult Day Services
5.Licensed child care center
D.
6.Off-street parking and loading
7.Restaurant or cafeteria; flower shop; gift shop; and candy, cigar, or magazine stand; but
only when operated and located entirely within a principal building
8.Wind turbine (building-mounted).
E.
5-22.3 Procedures for District Establishment,and Expansion, and
Modification
A.Application and Conceptual Development Plan Submission: Application for district
establishment,or expansion, or modification of new or existing structures within an
established I-D district shall be filed, along with the appropriate filing feeas provided in
Section7
with theoffice ofpPlanningsServices Department. The application shall be
accompanied by a conceptual development plan including:
1.Written Information:
i.Legal description and address of property;
ii.Name, address and phone number(s) of the property owner(s);
iii.Proposed construction and landscaping schedule indicating the timing and
sequence of each development activity;
iv.Existing and proposed uses for all buildings or structures;
v.Total area of property and all structures, existing and proposed; and
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vi.Present and proposed type and number of parking spaces on the property.
2.Graphic Materials:
i.Complete property dimensions;
ii.The location, grade, and dimensions of all present and/or proposed streets or other
paved surfaces and engineering cross sections of proposed new curbs and
pavement;
iii.Proposed parking and traffic circulation plan, if applicable, showing location and
dimensions of parking stalls, dividers, planters or similar permanent
improvements; perimeter screening treatment, including landscaping, etc.;
iv.Location and dimensions of all buildings or major structures, both proposed and
existing, showing exterior dimensions, number and area of floors, location,
number and type of dwelling units, height of building(s), etc.;
v.Existing and proposed contours of the property taken at regular contour intervals
not to exceed five feet, or two feet if the City Planner determines that greater
contour detail is necessary to satisfactorily make the determinations required by
this Code;
vi.The general nature, location, and size of all significant existing natural land
features, including, but not limited to, sidewalks or paths, tree or bush masses, all
individual trees over six inches in diameter, grassed areas, surface rock and/or soil
features, and all springs, streams, or other permanent or temporary bodies of
water; and
vii.A locational map or other drawing at appropriate 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.
B.Commission Hearing: A public hearing shall be held by the Zoning Advisory
Commission on the application and conceptual development plan in the same manner and
with the same public notice procedure as required for zoning classifications.
C.Commission Recommendation: The Zoning Advisory Commission's recommendation
shall be transmitted to the City Council with a statement of reasons in support of the
recommendation. If the recommendation is one of approval, it shall contain
recommended conditions or restrictions to be included in an ordinance authorizing the
establishment or expansion of the ID district or its uses. The conditions or restrictions
shall include, but not be limited to:
1.Time limitations, if any, for submission of final development plans and
commencement of construction.
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2.Uses permitted in this district.
3.Lot and bulk and performance standards for the development and operation of the
permitted uses.
4.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.
D.Conceptual Development Plan Approval: The Zoning Advisory Commission shall not
approve the conceptual development plan unless and until the commission determines
that such plan conforms to each of the following standards:
1.The conceptual development plan is in substantial conformance with adopted
comprehensive plans to guide the future growth and development of Dubuque.
2.Expansions contemplated by the plan are justifiable and reasonable in light of the
projected needs of the institution and the public welfare.
3.The proposed additions or expansions are designed so as to be functionally integrated
with the existing institutional facilities, with due regard to maintenance of safe,
efficient, and convenient vehicular and pedestrian traffic.
4.The proposed additions or expansions of use are permitted in the district and are of a
location, size, and nature such that they are not likely to interfere with the appropriate
use and enjoyment of property in abutting districts.
5.The conceptual development plan will not violate any provision or requirement of this
Code.
6.Approval of the conceptual development plan shall be valid for a period of three
years, provided that after the first year, if no final site development plan has been
filed, the commission or council may require the resubmission of a conceptual
development plan in conformity with the procedures and standards of this section.
7.A new or amended conceptual development plan may be filed at any time following
council approval.
E.Council action. Upon receiving the recommendation of the Commission, the City Council
shall act in the manner provided by law to approve or disapprove the requested 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 conceptual development
plan when the commission has recommended disapproval thereof, or to remove any
conditions, requirements, or limitations imposed by the commission in approving the
conceptual development plan.
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F.Submission of final site development plan. After passage of the ordinance authorizing the
establishment of an ID Institutional District by the City Council, the applicant shall
submit final site development plans to the City Planner within the period of time, if any,
specified in said ordinance. The plans shall include detailed information as required of a
final site plan for adequate consideration of the plans. The City Planner will judge the
final site development plan for its conformance with the approved conceptual
development plan, and if found to be in conformance with said plan, the issuance of
building permits shall be permitted. Following approval of the final site development
plan, no construction may take place except in substantial conformance with such plan. If
the project is phased, then each phase would be considered on its own merit and be
evaluated on the specific ordinance requirements establishing the district. The plans shall
satisfy the subdivision regulations and other pertinent City ordinances where applicable.
G.Development according to final site development plan.
1.Site development plan review. No building permit shall be issued on any site unless a
site development plan has been submitted and approved in accordance with the
Article 12
provisions of andunless such plan conforms with the conditions of the
adopted conceptual development plan.
2.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 constructed or appropriate security as determined by the zoning
commission is provided to insure construction. If the institutional district is to be
developed in phases, all improvements necessary to the proper operation and
functioning of each phase even though same may be located outside of the section,
must be constructed and installed, or appropriate security as determined by the zoning
commission must be provided to insure their construction.
Time limitation. If substantial construction or development does not begin within the
3.
period of time specified in the ordinance authorizing the establishment of the district
or in resolutions adopted pursuant thereto, the City Council may, on its motion or on
a recommendation of the zoning commission, rezone the property or any portion
thereof to the zoning district classification that prevailed prior to the approval of the
classification.
Extension of time limitation. The time limitation specified in the ordinance authorizing
4.
the establishment of the district for submission of final site development plans and for
completion of construction may be extended by the City Council upon a showing of
good cause.
H.Changes from plan. After recording of a final site development plan, changes not
inconsistent with the purpose or intent of this section may be approved by the Zoning
Advisory Commission. Changes affecting the purpose or intent of this section shall
require a new petition to be filed.
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5-22.4Prohibition on Commencement of Use by Parties Unassociated with
the Principal Institution Unassociated Parties
A.Within an existing ID Institutional District, no principaluse otherwise than those
provided for inthis district may be commenced by any person(s) exceptthat:
1.The principal institution or its agent; or
2.A person under contractual or other legally binding obligation to provide services to
such institution (e.g., the independent operator of a student cafeteria); or
3.The person or persons operating a doctors' clinic or other facility permitted under the
principal permitted uses of this section.
B.The purpose of this provision is to prohibit the commencement of principal uses
unrelated to the promotion of the primary educational, charitable, religious, or medical
purpose of the institution, by requiring purchasers of institutional land and/or buildings to
seek appropriate reclassification of the property prior to commencement of any
noninstitutional use on the premises.
5-22.5 District Standards
The specific ordinance establishing a particular institutional district, or resolutions adopted
pursuant thereto, shall provide standards for the design, development, operation and
maintenance of uses and structures. These 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. When parking requirements are not included
Article 14
in the adopting ordinance establishing the specific ID District, then shall
apply.
F.Control of signage. When signage requirements are not included in the adopting
Article 15
ordinance establishing the specific ID District, then shall apply.
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5-22.6 Bulk Regulations
Setbacks
Min
Max
Min Lot Min Lot Max Lot
1
ID Institutional
Front(feet)
Min Rear
1
2
Side
AreaFrontageCoverageHeight
Recreation
(square(% lot
MinMax
feet)(feet)area)(feet)(feet)(feet)
All Uses---------20---1010120
1
When abutting a residential or office-residential district, the setback shall be increased by an additional two feet
per story above the first.
2
Height shall be measured from the lowest at-grade elevation along any wall.
5-23 POS Public Open Space
The POS District is intended to provide open space for passive recreation, to protect and
conserve natural, historic or cultural resources, to provide habitat for wildlife, to prevent
development in environmentally sensitive locations such as bluffs, wetlands, floodplains and
drainageways; to serve as a buffer between differing land uses or to provide natural beauty in
an urban environment.
5-23.1 Principal Permitted Uses
The following uses shall beare permitted in the POS District:
1.Public or private parks,golf course, or similar natural recreationareas supporting
A.
passive recreation uses
2.Railroad and public or quasi-public utility, including substation, but not including
B.
offices or storage
5-23.2 Conditional Uses
The following conditional uses are may be permitted in the POS district, subject to the
Section 8-5
provisions of and are the minimum requirements for application to the Zoning
Board of Adjustment for a conditional use permit:
1.Recreational use
A.
5-23.3 Accessory Uses
Section 3-7
The following uses shallmay be permitted as accessory uses as provided in :
1.Any use customarily incidental and subordinate to the principal use it serves
A.
5-23.4 Temporary Uses
The following uses shallmay be permitted as temporary uses in the POS district in
Section 3-18
conformance with the provisions of :
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1.Sporadic uUses of a recreational or amusement nature.
A.
5-23.5 Parking
Minimum parking requirements shall be regulated in conformance with the provisions of
Article 14
.
5-23.6 Signs
Article 15
Signs shall be regulated in conformance with the provisions of .
5-23.7 Bulk Regulations
Setbacks
Min
Min Lot Min Lot Max Lot Max
Front(feet)
Min Rear
POS Public Open Space
Side
AreaFrontageCoverageHeight
(square(% lot
MinMax
feet)(feet)area)(feet)(feet)(feet)
All UsesN/AN/AN/A25N/A2525N/A
5-24 PUD Planned Unit Development
5-24.1 Purpose
A.The Planned Unit Development (PUD) District is intended to encourage flexible and
innovative design in the development of appropriate sites as integrated project units.
Regulations for this district are designed to:
1.Allow a workable, interrelated mix of diverse land uses;
2.Encourage flexibility in design for efficiency and cost savings for the developer and
the community;
3.Maximize the potential for large-scale office, residential, commercial and industrial
development and at the same time reduce to a minimum the impact of the
development on surrounding land uses and the natural environment;
4.Encourage new development to preserve and utilize existing land characteristics and
features which offer visual recreational benefits or other amenities;
5.Promote the economic, attractive, innovative and harmonious arrangement and design
of new buildings, streets, utilities and other improvements or structures;
6.Provide a living, working and shopping environment within the layout of the site that
contributes to a sense of community and a coherent lifestyle;
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7.Provide for the creation and preservation of more and larger useable public or
common open spaces than would normally be provided under conventional
development;
8.Encourage the careful design and planning of larger development projects;
9.Give developers reasonable assurances regarding project approvals before the
unnecessary expenditure of design efforts, while providing the City with appropriate
assurances that approved PUD's will retain the character envisioned at the time of
project approval.
B.Property may be reclassified to the planned unit development designation when the
proposed development plan will promote the purpose of the district and this ordinance
and is formulated in conformance with the review procedures and standards of this
section.
5-24.2 General Requirements
A PUD may be established on any parcel overof two acres or more in size for residential,
office, commercial or industrial development. A PUD is required for all department
storesretail commercial uses open to the public or members which have over 60,000 square
feet of building area,.A PUD is also required for regional shopping centers, all multi-family
structures over 12 units per buildingmanufactured home parks,biofuels production facilities,
commercial wind energy conversion systems and for all new industrial parks and all new
office parks.The City may request or require a PUD classification.Any structure existing at
the time of adoption of this Code which is expanded for retail commercial use to over 60,000
square feet of building area and which expansion constitutes an increase of 25 percent or
more to the building area shall be subject to this section, including rezoning to PUD. Such
PUD district designation(s) shall be shown on the official zoning map as a P followed by a
letter designating the primary use, C (commercial), O (office), I (industrial), or R
(residential); i.e. PC, PO, PI, and PR.
Section 5.27.03Principal Permitted Uses
Each PUD shall allow any principal permitted use allowed by this Code, which by design and
use and restriction is compatible with all adjacent uses, and which is specifically listed in the
ordinance adopted for the PUD. In all PUDs, the following uses are also permitted:
Accessory buildings and uses customarily incidental to a permitted use;
A.
Group daycare centers provided that no group daycare center may be located in or adjacent
B.
to any structure or storage area where hazardous materials are present; and
Temporary uses related to the construction of PUD improvements, and to principal
C.
permitted uses in the PUD.
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5-24.3 Development Regulations
Lots, uses, signs and structures shall conform to the bulk, sign, parking and any other
development regulations specifically provided in the ordinance establishing a particularthe
PUDdistrict or in ordinances adopted pursuant thereto; however, PUD districts established
prior to adoption of this Code without specific bulk, sign, parking and other development
regulations shall be regulated by the regulations of the most compatible district allowing the
existing uses which are in the PUD. In all PUDs the following minimum standards shall be
met:
A.General Standards:
1.The density and design of the PUD shall be compatible in use, size and type of
structure, relative amount of open space, traffic circulation and general layout with
adjoining land uses, and shall be integrated into the neighborhood.
2.The PUD shall take into consideration the impact in existing streets and utilities.
3.The economic, environmental and neighborhood impacts of the development shall be
considered.
4.The PUD shall conform to the adopted long range Comprehensive Plan.
B.Specific Standards:
1.Maximum land coverage of all buildings and impermeable areas shall be established.
2.Minimum open space shall be established and continued maintenance of the open
space shall be provided in the specific PUD ordinance.("Open space" means land
area of the PUD not covered by buildings, parking or vehicular maneuvering areas,
but including storm water detention basins, recreational and pedestrian areas, natural
features, such as water courses, woodlands, bluffs, etc., and private yards, if any.)
3.Minimum interior and perimeter setbacks shall be established.
4.Maximum height limitations shall be established.
5.Structures, other than single-family, adjacent to existing single-family dwellings must
4.
be adequately screened and landscapedMinimum landscape screening requirements
shall be established.
6.Sign regulations for the PUD development shall be established.
5.
7.Provision for the continued maintenance of all improvements shall be noted within
6.
the ordinance establishing the PUD district.
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C.Other Conditions: Other conditions may be required, if found necessary to protect and
promote the best interests of the surrounding property or the neighborhood. These
conditions may include, but are not limited to, the following:
1.Improvement of traffic circulation for vehicles and pedestrians in the proposed
development and adjoining properties and streets.
2.Specific landscaping/screening/lighting requirements to maintain privacy or reduce
impacts in adjoining properties.
3.Joint use of private open space or amenities by adjoining property owners.
D.Due consideration shall be given to the natural topography and major grade changes shall
be avoided. If the development includes hillsides and slopes, special evaluation is given
to geological conditions, erosion and topsoil loss.
E.If unfavorable development conditions exist, the Zoning Advisory Commission and City
Council may restrict clearing, cutting, filling, or other substantial changes in the natural
conditions of the affected area.
5-24.4 Procedure to Establish, Amend, or and Expand a PUD
A.Preapplication Conference: Prior to any application for PUD district establishment, the
applicant and/or their representative shall meet with planning services staff to determine
the applicability of the development, timing of procedure, and any other pertinent
information appropriatepertinent to the proposal.
B.Application and Submission of Conceptual Development Plan: After the preapplication
conference, the application for PUD district establishment shall be filed with an
appropriatethe established filing fee with the Planning Services Office. The application
shall be submitted with a conceptual development plan, which shall include the
following:
1.Legal description and address of property.
2.Name, address and phone number(s) of the property owner(s).
3.Number, type and general location of residential units.
4.General location and type of nonresidential uses including commercial, office and
industrial uses.
5.List of principal permitted uses, conditional uses, accessory uses, and temporary uses.
4.
6.General location and type of recreational (passive and active) and open space (usable
5.
and nonusable) areas.
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7.Location of existing infrastructure and utilities, including: streets with appropriate
6.
grades, sidewalks; access drives; water, sanitary sewer and storm sewer drainage
systems, where appropriate.
8.Proposed access to public right of way, including approximate grades, traffic
7.
projections and general indication of traffic control measures.
9.Sketches to indicate the general design of building types and the overall character of
8.
development.
10.Existing contours of the property taken at regular contour intervals.
9.
11.Proposed parking facilities, including surface lots, ramps and loading/delivery
10.
areas.
12.Location of natural features, including woods, bluffs, waterway courses,
11.
floodways and meadows.
13.Conceptual landscape plan showing berms, plantings and fences.
12.
14.Proposed development conditions for bulk, sign and parking regulation.
13.
15.A location map or other framing at appropriate scale showing the general
14.
location and relation of the property to surrounding areas, including the zoning and
land use pattern of adjacent properties, the existing street system in the area, and
location of nearby public facilities.
16.Other information as required by the Planning Service Department as
15.
necessary.
C.Commission Hearing. A public hearing shall be held by the Zoning Advisory
Commission on the PUD application in the same manner and with the same public notice
procedure as required for zoning reclassification.
5-24.5 Plan Approval Standards
TheZoning Advisory Commission and City Council shall not approve the PUDapplication
planshall not be approved unless and until the Commission andCityCouncil determines that
the conceptual development plan conforms to each of the following standards:
A.The conceptual development plan is in substantial conformance with theadopted
Comprehensive Plan to guide the future growth and development of the City.
B.The proposed development is designed so as to be functionally integrated with existing
City streets, sanitary and storm sewer and water service.
C.The proposed development shall not interfere with the appropriate use and enjoyment of
property on abutting districts.
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D.The conceptual development plan will not violate any provision or requirement of this
Code.
E.Natural drainage areas are retained as appropriate and improved if necessary.
F.Due consideration is given to preserving natural site amenities and minimizing the
disturbance to the natural environment.
G.Existing trees are preserved wherever possible, and the location of trees will be
considered in designing building locations, underground services, and paved areas.
H.If the development includes floodplain areas, they shall be preserved as permanent open
spaceany development within the floodplain shall conform to the Floodplain Hazard
Section 6-4
Overlay District regulations in accordance with .
5-24.6 Commission Recommendation
The Zoning Advisory Commission's recommendation shall be transmitted to the City Council
with a statement of reasons in support of, or in opposition to, the application, and with
recommended conditions or restrictions to be included in an ordinance authorizing the PUD
district. The conditions or restrictions shall include, but not be limited to:
A.Time limitations, if any, for submission of final site plans and commencement of
construction.
B.Uses permitted in the District.
C.Lot, bulk and performance standards for the development and operation of the permitted
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.
E.The submittal and approval of a final site plan may be required by the Zoning Advisory
Commission to determine if the final detailed plans are in conformance with the
conceptual development plan.
5-24.7 Council Action
A.Upon the recommendation of the Zoning Advisory Commission, the City Council shall
act in the manner provided by law to approve or disapprove the requested PUD 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 conceptual development
plan when the Commission has recommended disapproval thereof, or to remove any
conditions, requirements, or limitations imposed by the Commission in approving the
conceptual development plan.
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Section II – Land Use Regulations Article 5 –Zoning Districts
B.The ordinance authorizing the establishment, expansion, or amendment of a PUD district
shall be recorded in the office of the Dubuque County Recorder at the applicant's
expense.
Approval of the conceptual development plan shall be valid for the time established in the
C.
adopting ordinance. The Commission may grant an extension of the new conceptual
development plan in conformity with the procedures and standards of this Section.
A new or amended conceptual development plan may be filed at anytime within the period
D.
of time as established by the adopting ordinance and shall follow the same procedure as
for the original submittal.
5-24.8 Development to Follow Approved Site Plan
A.Submission of Final Site Plan. After passageadoption of the ordinanceauthorizing the
establishingof a the PUDdistrict by the City Council, the applicant shall submit a final
site plan to the City Plannerwithin the period of time, if any, specified in said ordinance
prior to development. The final site plan shall be in substantial conformance with
approved conceptual development plan.
B.Site Plan Review. No building permit shall be issued for any site unless a final site plan
Article 12
has been submitted and approved in accordance with the provisions of and
unless such plan conforms with the conditions of the adopted conceptual development
plan and PUD ordinance.
C.Construction of Improvements and Posting of Bond. No buildings may be erected and no
uses may occupy any portion of the PUD district until the required related off-site
improvements are constructed or appropriate security as determined by the City Manager
is provided to ensure construction. If the PUD district is to be development in phases, all
improvements necessary for the proper operation and functioning of each phase, even
though some improvements may be located outside of the section, must be constructed
and installed or appropriate security as determined by the City Manager must be provided
to ensure their construction.
Time Limitation. If substantial construction or development does not begin within the
D.
period of time specified in the ordinance authorizing the establishment of the district or in
the ordinance adopted pursuant thereto, the City Council may, on its motion or on a
recommendation of the Zoning Commission, rezone the property or any portion thereof
to the zoning district classification that prevailed prior to the approval of the PUD
classification, with proper notification to the property owner(s), in the same manner as
zoning reclassification.
Extension of Time Limitation. The time limitation specified in the ordinance authorizing
E.
the establishment of the PUD for submission of final site plans and for completion of
construction may be extended by the Zoning Commission upon a showing of good cause.
D.Changes from ConceptualPlan. After recording of a final site plan, nonmaterial
F.
changes consistent with the purpose or intent of this Section may be approved by the City
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Section II – Land Use Regulations Article 5 –Zoning Districts
Planner.Substantial Materialchanges affecting the purpose or intent of this Section shall
require a new application to be filed.
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Section II – Land Use Regulations Article 6 – Overlay Districts
Article 6: Overlay Districts
6-1 RROD Rural Residential Overlay District
Thepurpose of the RROD Rural Residential Overlay District is intended to accommodate
change and encourage development, to reduce obstacles to desirable development, and to
avoid the creation of nonconformities for agricultural property.
6-1.1Applicability
Areas designated as Rural Residential Overlay (RROD) districts shall be identified on the
Zoning Map. The overlay zoning district designation supplements, but does not replace the
underlyingAG Agricultural zoning district except as otherwise provided herein.
6-1.2Principal Permitted Uses
The following use shall be permitted in the RRODDistrict:
Single-family detached dwelling
6-1.3Conditional Uses
The following conditional uses are may be permitted in the RRODdistrict, subject to the
Section 8-5
provisions of and are the minimum requirements for application to the Zoning
Board of Adjustment for a conditional use permit:
Bed and breakfast home
Keeping of horses or ponies
A.Group daycareLicensed childcarecenter
6-1.4Accessory Uses
Section 3-6
The following uses shall bearepermitted as accessory uses as provided in :
A.Any use customarily incidental and subordinate to the principal use it serves
6-1.5Temporary Uses
The following uses shall be permitted as temporary uses in the RROdistrict:
1.Building or trailer for storage of materials and/or equipment necessary for construction
authorized by a valid building permit, provided the location of the building or trailer has been
approved by the building official.
Section 3-17
Temporary uses shall be regulated in conformance with the provisions of .
6-1.6Selection of Use
A.Subject to the requirements of this section, a property owner is permitted the above uses
of a property in this overlay district in lieu of the regulations for the underlying zoning
district without the need for further rezoning.
B.The uses allowed under the regulations of this overlay district and the uses allowed under
the regulations of the underlying zoning district are mutually exclusive and not
cumulative.
6-1.2Establishment of R-1 Single-Family Residential Zoning District
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Section II – Land Use Regulations Article 6 – Overlay Districts
C.At the time of approval of an application for an R-1 Single-Family Residential
approval of a subdivisionplatfor a use permitted under the regulations of this overlay
district,the underlying AG Agricultural zoning classification on the subdivision shall
automatically cease, and the regulations of the R-1 Single-Family Residential District shall
apply. The City Planner shall remove the existing underlying AG Agricultural zoning district
from the Official Zoning Map at the next regular updating thereof, and establish this overlay
R-1 Single-Family Residential Ddistrict,as set forth in Section 5-2, as the new underlying
zoning district for the property.
6-1.3 Reclassification to Original Underlying oforAny Other Zoning
District
Any person may request a reclassification of property within this overlay district to the
Section 5-1.4
original underlying zoning district or any other zoning district listed in . The
Section 9-5
procedure for such a reclassification shall be that established by . The overlay
district shall remain in place regardless of be replaced by the new underlyingzoning district.
6-1.8Conditions Required Prior to RRO Designation
The uses permitted in this overlay district are only allowed uponapproval of a subdivision
plat for the property. Bulk regulations of the R-1 Single-Family residential district shall apply
to uses permitted in this overlaydistrict
.
No building permit shall be issued for any use permitted in this overlay district unless these
conditions have been complied with or a variance from these conditions is granted.
6-2 RHOD Restricted Height Overlay District
It is recognized that in addition to height restrictions in other sections of this Code, certain
areas shall need to be further restricted in terms of height of structures or natural objects.
Such restrictions are necessary for emergency communication transmission and reception and
other legitimate public safety concerns.
6-2.1 Applicability
A.Areas designated as aRestricted Height Overlay dDistricts (RHOD) shall be identified on
the Zoning Map.
B.The overlay zoning district designation supplements, but does not replace the underlying
zoning district except as otherwise provided herein.
C.Such designation shall not affect usage of the property within the parameters of its zoning
classification except that no structure shall be allowed to exceed the height above sea
Section 6-2.2
level specified in .
6-2.2 Area Designations and Height Limitations
The following areas shall be designated as RHO districts, within which the following height
limits shall be observed:
A.A strip of land 100 feet wide from the communication tower at Sunnycrest Care Facility
to the communication tower at the Peosta Water Tower, insofar as said strip of land exists
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Section II – Land Use Regulations Article 6 – Overlay Districts
within the corporate limits of the City. The maximum height allowed in this corridor shall
be 1,000 feet above mean sea level as determined by a qualified engineer licensed under
the laws of the State of Iowa.
B.A strip of land 100 feet wide extending a point which is 670 feet above mean sea level at
the Dubuque Law Enforcement Center to a point which is 930 feet above mean sea level
at Sunnycrest Manor in which no structure may be built to a height exceeding the relative
height of a line drawn between these two elevations. The maximum height allowed in this
corridor shall be determined by a qualified engineer licensed under the laws of the State
of Iowa.
6-2.3Variance Prohibited
No variance shall be granted to the requirements of the RHODdistrict.
6-3 Freeway 61/151 Corridor Signage Overlay District (SOD)
6-3.1 Purpose
The signage overlay district (SOD) has been established along the three mile long Freeway
61/151 corridor to:
A.Acknowledge the importance of the freeway corridor as a unique gateway to and through
the city;
B.Identify the lands lying along and adjacent to the freeway and extending to the
Mississippi River as requiring special attention in terms of visual aesthetics;
C.Protect and enhance the vistas both from and to the city and the Mississippi River valley
along the freeway;
D.Eliminate the potential visual clutter viewable from the freeway while allowing the
opportunity for signage, where possible, which is appropriate in terms of size, height and
spacing; and
E.Create clearly understandable and enforceable regulations for a specially defined district
in the city.
6-3.2 SOD Boundary
Thesignage overlay district (SOD) shall encompass the land as indicated on attachment A2 1
and on the official SODmap of the city, adopted separately and incorporated herein by
reference,located in the planning services office, city hall, andwhich district is generally
described as all land within 660 feet of the westerly or northerly edge of the Freeway 61/151
right of way, from Grandview Avenue north to and including Schmitt Island, and extending
east to the city's corporate limits, and including the area lying east of the upper bluff line
between Southern Avenue and First Street, excluding the area within the Port of Dubuque
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Section II – Land Use Regulations Article 6 – Overlay Districts
planned unit development (PUD). See map at the end of this section. The SOD is further
divided into subareas, as follows:
A.Area A: all land east of Locust Street from Grandview Avenue north to Camp Street
north of the U.S. Highway 61/151 right of way and the extension of Railroad Avenue east
of U.S. 61/151 right of way east to the city's corporate limits;
B.Area B: all land west of Locust Street from the intersection of Locust Street and Southern
Avenue north to Dodge Street and extending west to the upper bluff line;
C.Area C: all land east of the shoreline of Peosta Channel, including Schmitt Island;
D.Area D: all remaining land within the SOD;
E.Area X: all land east of Locust Street from Camp Street north to Dodge Street and the
Julien Dubuque Bridge, and extending east to the railroad right of way;
F.Area Y: all land west of Locust Street from Dodge Street north to First Street and east of
Locust Street from Dodge Street north to Third Street extending west to Freeway 61/151;
and
G.Area Z: all land east of Freeway 61/151 from the Third Street overpass, including its
extension east to the corporate limits, north to Peosta Channel, and extending easterly and
northerly to the city's corporate limits, including all lands within the shoreline of the
Dove Harbor peninsula, except for that land within 660 feet of the easterly edge of the
Freeway 61/151 right of way from the Third Street overpass north to the extension of
Eighth Street.
6-3.3 SOD Sign Regulations
A.Within the signage overlay district (SOD), nNo off premises signs areshall be allowed in
Areas A, B, or C.the following areas:
Area A on the official zoning map generally described as all the land in the SOD east of
i.
Locust Street from Grandview Avenue north to Camp Street north of the U.S. Highway
61/151 right of way and the extension of Railroad Avenue east of U.S. 61/151 right of way
east to the city's corporate limits;
Area B on the official zoning map generally described as all the land in the SOD west of
ii.
Locust Street from the intersection of Locust Street and Southern Avenue north to Dodge
Street and extending west to the upper bluff line;
Area C is eliminated as it lies entirely within the port of Dubuque PUD; and
iii.
Area D on the official zoning map generally described as all the land in the SOD east of
iv.
the shoreline of Peosta Channel, including Schmitt Island.
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Section II – Land Use Regulations Article 6 – Overlay Districts
B.Within the signage overlay district (SOD), oOff premises signs located inAreas X, Y,
Section
and Z the following areas shallbe subjectconform to the standards set forth in
15-12
.:
Area X on the official zoning map generally described as all the land in the SOD east of
i.
Locust Street from Camp Street north to Dodge Street and the Julien Dubuque Bridge, and
extending east to the railroad right of way;
AreaY on the official zoning map generally described as all the land in the SOD west of
ii.
Locust Street from Dodge Street north to First Street and east of Locust Street from Dodge
Street north to Third Street extending west to Freeway 61/151; and
Area Z on theofficial zoning map generally described as all the land in the SOD east of
iii.
Freeway 61/151 from the Third Street overpass, including its extension east to the corporate
limits, north to Peosta Channel, and extending easterly and northerly to the city's corporate
limits, including all lands within the shoreline of the Dove Harbor peninsula, except for that
land within 660 feet of the easterly edge of the Freeway 61/151 right of way from the Third
Street overpass north to the extension of Eighth Street (area G on the official zoning map).
C.Off-premises Ssigns in Area Dall other areas on the official zoning map (E, F, G) in the
Section 15-12
signage overlay district (SOD) shall meet the standards set forth in .
D.Height: No portion of any sign or sign structure within 660 feet of the Freeway 61/151
right of way shall be visible to a person of normal visual acuity traveling on Freeway
61/151, but in no event higher than 25 feet.
E.Size: 300 square feet.
F.Spacing: 500 feet (lineal measurement for signs visible to oncoming traffic).
G.Variance: The Zoning Board of Adjustment may grant a variance to increase the
standards pertaining to height and size or reduce spacing requirements for any lawful
Section 5-3.5
sign, under .
6-4 Floodplain Overlay Districts
H.
6-4.1 Purpose
The provisions of the Flood Hazard Overlay District are intended to promote 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:
A.Restrict or prohibit uses which are dangerous to health, safety, or property in times of
flooding or cause undue increases in flood heights or velocities;
B.Require that uses vulnerable to floods, including public facilities which serve such uses,
be provided with flood protection at the time of initial construction;
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Section II – Land Use Regulations Article 6 – Overlay Districts
C.Protect individuals from buying lands which are unsuited for intended purposes because
of flood hazard; and
D.Assure that eligibility is maintained for property owners in the City to purchase flood
insurance in the National Flood Insurance Program.
6-4.2 Lands to Which Regulations Apply
This section shall apply to all lands within the jurisdiction of the City shown on the official
zoning map as being within the boundaries of the 100-year floodplain.
6-4.3 Establishment of Official Floodplain Zoning Map
The official floodplain zoning map, together with all explanatory matter thereon and attached
thereto, is hereby adopted by reference and declared to be a part of this Code. The official
zoning map bears the signature of the mayor attested by the City Clerk and shall be on file in
the office of the planning services division. The current flood insurance study and flood
insurance rate map (FIRM) for the City, dated September 6, 1989, is attached to and made a
part of the official floodplain zoning map.
6-4.4 Rules for Interpretation of District Boundaries
The boundaries of the zoning district shall be determined by scaling distances on the official
floodplain zoning map. Where interpretation is needed as to the exact location of the
boundaries of the district as shown on the official zoning map, the City Planner shall make
the necessary interpretation. The person contesting the location of the district boundary shall
be given a reasonable opportunity to present their case and submit technical evidence.
6-4.5 Compliance
No structure or land shall hereafter be used and no structure shall be located, extended,
converted or structurally altered to cause a substantial improvement without full compliance
with the terms of this Code and other applicable regulations which apply to uses within the
jurisdiction of this Code. Existing structures which suffer substantial damage shall also be
required to meet full compliance with the terms of this Code should the damaged structure be
repaired or rebuilt.
6-4.6 Abrogation and Greater Restrictions
It is not intended by this Code to repeal, abrogate or impair any existing easements,
covenants, or deed restrictions. However, where this Code imposes greater restrictions, the
provisions of this Code shall prevail. All other ordinances inconsistent with this Code are
hereby repealed to the extent of the inconsistency only.
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Section II – Land Use Regulations Article 6 – Overlay Districts
6-4.7 Interpretation
In their interpretation and application, the provisions of this Code shall be held to be
minimum requirements and shall be liberally construed in favor of the governing body and
shall not be deemed a limitation or repeal of any other powers granted by state statutes.
6-4.8 Warning and Liability Disclaimer
The degree of flood protection required by this Code is considered reasonable for regulatory
purposes and is based on engineering and scientific methods of study. Larger floods may
occur on rare occasions. Flood heights may be increased by manmade or natural causes, such
as ice jams and bridge openings restricted by debris. This Code does not imply that areas
outside the flood plain districts or land uses permitted within such districts will be free from
flooding or flood damages. This Code shall not create liability on the part of the City or any
officer or employee thereof for any flood damages that result from reliance on this Code or
any administrative decision lawfully made thereunder.
6-4.9 Establishment of Floodplain Overlay Districts
The floodplain areas within the jurisdiction of this Code are hereby divided into the
following districts:
A.Floodway Overlay District (FW), Floodway Fringe Overlay District (FF) and General
Flood Plain Overlay District (FP). The boundaries are shown on the official floodplain
zoning map. Within these districts all uses not allowed as permitted uses are prohibited.
B.Floodway Overlay District (FW). The Floodway Overlay District shall be consistent with
the boundaries of the floodway as shown on the official floodplain zoning map Overlay
and indicated on the FIRM maps as Zone AE.
C.Floodway Fringe Overlay District (FF). The Floodway Fringe Overlay District shall be
those areas shown as floodway fringe on the official floodplain zoning map and indicated
on the FIRM maps as Zone AE.
D.General Floodplain Overlay District (FP). The General Floodplain Overlay District shall
be those areas shown as being within the approximate 100-year flood boundary on the
official floodplain zoning map and indicated on the FIRM maps as Zone A.
6-4.10 Floodway Overlay District (FW)
A.Permitted uses. The following uses shall be permitted within the FW District to the extent
they are not prohibited by any other ordinance (or underlying zoning district) and
provided they do not include placement of structures, factory-built homes, fill or other
obstruction, the storage of materials or equipment, excavation, or alteration of a
watercourse.
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Section II – Land Use Regulations Article 6 – Overlay Districts
1.Agricultural uses such as general farming, pasture, grazing, outdoor plant nurseries,
horticulture, viticulture, truck farming, forestry, sod farming, and wild crop
harvesting.
2.Accessory uses of land for industrial/commercial uses such as loading areas, parking
areas, airport landing strips.
3.Private and public recreational uses such as golf courses, tennis courts, ball fields,
driving ranges, archery ranges, picnic grounds, transient camping and recreational
vehicle facilities, boat launching ramps, swimming areas, parks, wildlife and nature
preserves, game farms, fish hatcheries, shooting preserves, target ranges, trap and
skeet ranges, hunting and fishing areas, hiking and horseback riding trails.
4.Residential uses of land such as lawns, gardens, parking areas and play areas.
5.Such other open space uses similar in nature to the above uses.
6.Conditional uses. The following uses which involve structures (temporary or
permanent), fill, storage of materials or equipment may be permitted only upon
issuance of a conditional use permit by the Zoning Board of Adjustment as provided
for in Article 8 Such uses must also meet the applicable provisions of the Floodway
District performance standards.
7.Uses or structures accessory to open-space uses.
8.Circuses, carnivals, and similar transient amusement enterprises.
9.Drive-in theaters, new and used car lots, roadside stands, signs, and billboards.
10.Extraction of sands, gravel, and other materials.
11.Marinas, boat rentals, docks, piers, wharves.
12.Utility transmission lines, underground pipelines.
13.Other uses similar in nature to the above described uses and which are consistent with
the general spirit and purposes of this Code.
B.Performance standards. All permitted or conditional uses must be consistent with the
need to minimize flood damage and shall meet the following applicable performance
standards:
1.No use shall be permitted in the Floodway Overlay District that would result in any
increase in the one hundred-year flood level. Consideration of the effects of any
development on flood levels shall be based upon the assumption that an equal degree
of development would be allowed for similarly situated lands.
2.All uses within the Floodway Overlay District shall:
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Section II – Land Use Regulations Article 6 – Overlay Districts
i.Be consistent with the need to minimize flood damage.
ii.Use construction methods and practices that will minimize flood damage.
iii.Use construction materials and utility equipment that are resistant to flood
damage.
3.No use shall affect the capacity or conveyance of the channel or floodway or any
tributary to the main stream, drainage ditch, or any other drainage facility or system.
4.Structures and sanitary and utility systems, if permitted, shall meet the applicable
performance standards of the Floodway Fringe Overlay District and shall be
constructed or aligned to present the minimum possible resistance to flood flows.
5.Structures, if permitted, shall have a low flood damage potential and shall not be for
human habitation.
6.Storage of materials or equipment that are buoyant, flammable, explosive or injurious
to human, animal or plant life is prohibited. Storage of other material may be allowed
if readily removable from the Floodway District within the time available after flood
warning.
7.Watercourse alterations or relocations (channel changes and modifications) must be
designed to maintain the flood carrying capacity within the altered or relocated
portion. In addition, such alterations or relocations must be approved by the
department of natural resources.
8.Any fill allowed in the floodway must be shown to have some beneficial purpose and
shall be limited to the minimum amount necessary.
9.Pipeline river or stream crossings shall be buried in the streambed and banks or
otherwise sufficiently protected to prevent rupture due to channel degradation and
meandering or due to the action of flood flows.
6-4.11 Floodway Fringe Overlay District (FF)
A.Permitted uses. All uses within the Floodway Fringe Overlay District shall be permitted
to the extent that they are not prohibited by any other ordinance (or underlying zoning
district) and provided they meet applicable performance standards of the Floodway
Fringe Overlay District. However, on the Mississippi River or on islands therein, no use
will be allowed unless identified as not being a floodway area by the department of
natural resources. In which case, if a floodway area is identified, the provisions of the FW
Floodway Overlay District will apply.
B.Performance standards. All uses must be consistent with the need to minimize flood
damage and shall meet the following applicable performance standards:
1.All structures shall be:
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i.Adequately anchored to prevent flotation, collapse or lateral movement of the
structure;
ii.Constructed with materials and utility equipment resistant to flood damage; and
iii.Constructed by methods and practices that minimize flood damage.
2.All new and substantially improved structures:
i.Fully enclosed areas below the "lowest floor" (not including basements) that are
subject to flooding shall be designed to automatically equalize hydrostatic flood
forces on exterior walls by allowing for the entry and exit of floodwaters. Designs
for meeting this requirement must be certified by a professional engineer
registered in the State of Iowa.
ii.New and substantially improved structures must be adequately anchored to
prevent flotation, collapse, or lateral movement of the structure resulting from
hydrodynamic and hydrostatic loads, including the effects of buoyancy. Designs
for meeting this requirement must be certified by a professional engineer
registered in the State of Iowa.
iii.New and substantially improved structures must be constructed with electrical,
heating, ventilation, plumbing, and air conditioning equipment and other service
facilities that are designed and located so as to prevent water from entering or
accumulating within the components during conditions of flooding. Designs for
meeting this requirement must be certified by a professional engineer registered in
the State of Iowa.
3.Residential buildings. All new or substantially improved residential structures shall
have the lowest floor, including basements, elevated a minimum of one foot above
the one hundred-year flood level. Construction shall be upon compacted fill which
shall, at all points, be no lower than one foot above the one hundred-year flood level
and extend at such elevation at least 18 feet beyond the limits of any structure
erected thereon. Alternate methods of elevating (such as piers) may be allowed,
subject to favorable consideration by the Zoning Board of Adjustment and issuance
of a variance, where existing topography, street grades, or other factors preclude
elevating by fill. In such cases, the methods used must be adequate to support the
structure as well as withstanding the various forces and hazards associated with
flooding. All new residential buildings shall be provided with a means of access
which will be passable by wheeled vehicles during the 100-year flood.
4.Nonresidential buildings. All new and substantially improved nonresidential
buildings shall have the lowest floor (including basement) elevated a minimum of
one foot above the 100-year flood level, or together with attendant utility and
sanitary systems, be floodproofed to such a level. When floodproofing is utilized, a
professional engineer registered in the State of Iowa shall certify that the
floodproofing methods used are adequate to withstand the flood depths, pressures,
velocities, impact and uplift forces and other factors associated with the one
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hundred-year flood; and that the structures, below the 100-year flood level, are
watertight with walls substantially impermeable to the passage of water. A record of
the certification indicating the specific elevation (in relation to National Geodetic
Vertical Datum) to which any structures are floodproofed shall be maintained by the
City Planner.
5.Factory-built homes:
i.Factory-built homes including those placed in existing factory-built home parks or
subdivisions shall be anchored to resist flotation, collapse, or lateral movement.
ii.Factory-built homes including those placed in existing factory-built home parks or
subdivisions shall be elevated on a permanent foundation such that the lowest
floor of the structure is a minimum of one foot above the 100-year flood level.
6.Utility and sanitary systems:
i.All new and replacement sanitary sewage systems shall be designed to minimize
and eliminate infiltration of flood waters into the system as well as the discharge
of effluent into flood water. Wastewater treatment facilities shall be provided with
a level of flood protection equal to or greater than one foot above the 100-year
flood elevation.
ii.On-site waste disposal systems shall be located or designed to avoid impairment
to the system or contamination from the system during flooding.
iii.New or replacement water supply systems shall be designed to minimize or
eliminate infiltration of flood waters into the system. Water supply treatment
facilities shall be provided with a level of protection equal to or greater than one
foot above the one hundred-year flood elevation.
iv.Utilities such as gas or electrical systems shall be located and constructed to
minimize or eliminate flood damage to the system and the risk associated with
such flood damaged or impaired systems.
v.All such systems shall be certified as meeting these requirements by a
professional engineer registered in the State of Iowa.
7.Storage of materials and equipment that are flammable, explosive or injurious to
human, animal or plant life is prohibited unless elevated a minimum of one foot
above the 100-year flood level. Other material and equipment must either be
similarly elevated or (i) not be subject to major flood damage and be anchored to
prevent movement due to flood waters or (ii) be readily removable from the area
within the time available after flood warning.
8.Flood control structural works such as levees and flood walls shall provide, at a
minimum, protection from a one hundred-year flood with a minimum of three feet of
design freeboard and shall provide for adequate interior drainage. In addition,
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structural flood control works shall be approved by the department of natural
resources.
9.No use shall affect the capacity or conveyance of the channel or floodway of any
tributary to the main stream, drainage ditch, or other drainage facility or system.
10.Subdivisions (including factory-built home parks and subdivisions) shall be
consistent with the need to minimize flood damages and shall have adequate
drainage provided to reduce exposure to flood damage. Development associated with
subdivision proposals shall meet the applicable performance standards. Subdivision
proposals intended for residential development shall provide all lots with a means of
vehicular access that will remain dry during occurrence of the 100-year flood.
11.The exemption of detached garages, sheds, and similar structures less than 300
square feet in area from the 100-year flood elevation requirements may result in
increased premium rates for insurance coverage of the structure and contents;
however, said detached garages, sheds, and similar accessory type structures are
exempt from the 100-year flood elevation requirements, provided:
i.The structures shall not be used for human habitation.
ii.The structure shall be designed to have low flood damage potential.
iii.The structure shall be constructed and placed on the building site so as to offer
minimum resistance to the flow of floodwaters.
iv.Structures shall be firmly anchored to prevent flotation which may result in
damage to other structures.
v.The structure's service facility such as electrical and heating equipment shall be
elevated or floodproofed to at least one foot above the one hundred-year flood
level.
vi.All such structures shall be certified as meeting these requirements by a
professional engineer registered in the State of Iowa.
6-4.12 General Floodplain Overlay District (FP)
A.Permitted uses. The following uses shall be permitted within the General Floodplain
Overlay District to the extent they are not prohibited by any other ordinance (or
underlying zoning district) and provided they do not include placement of structures,
factory-built homes, fill or other obstruction, the storage of materials or equipment,
excavation, or alteration of a watercourse.
1.Agricultural uses such as general farming, pasture, grazing, outdoor plant nurseries,
horticulture, viticulture, truck farming, forestry, sod farming, and wild crop
harvesting.
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2.Accessory uses of land for industrial/commercial uses such as loading areas, parking
areas, airport landing strips.
3.Private and public recreation uses such as golf courses, tennis courts, ball fields,
driving ranges, archery ranges, picnic grounds, transient camping and recreational
vehicle facilities, boat launching ramps, swimming areas, parks, wildlife and nature
preserves, game farms, fish hatcheries, shooting preserves, target ranges, trap and
skeet ranges, hunting and fishing areas, hiking and horseback riding trails.
4.Residential uses of land such as lawns, gardens, parking areas and play areas.
5.Such other open space uses similar in nature to the above uses.
B.Conditional uses. Any uses which involve placement of structures, factory-built homes,
fill or other obstructions, the storage of materials or equipment, excavation or alteration
of a watercourse may be allowed only upon issuance of a conditional use permit by the
Board of Adjustment. All such uses shall be reviewed by the department of natural
resources to determine (i) whether the land involved is either wholly or partly within the
floodway or floodway fringe and (ii) the 100-year flood level. The applicant shall be
responsible for providing the department of natural resources with sufficient technical
information to make the determination.
C.Performance standards.
1.All conditional uses, or portions thereof, to be located in the floodway as determined
by the department of natural resources shall meet the applicable provisions and
standards of the Floodway Overlay District.
2.All conditional uses, or portions thereof, to be located in the floodway fringe as
determined by the department of natural resources shall meet the applicable standards
of the Floodway Fringe Overlay District.
6-4.13 Floodplain Overlay District Administration
A.Appointment, duties and responsibilities of City Planner.
1.A City Planner designated by the City Manager shall administer and enforce this
Code and will herein be referred to as the administrator.
2.Duties and responsibilities of the administrator shall include, but not necessarily be
limited to, the following:
i.Review all floodplain development permit applications to ensure that the
provisions of this Code will be satisfied.
ii.Review all floodplain development permit applications to ensure that all
necessary permits have been obtained from federal, state or local governmental
agencies.
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iii.Record and maintain a record of (i) the elevation (in relation to National Geodetic
Vertical Datum) of the lowest. floor of all new or substantially improved
structures or (ii) the elevation to which new or substantially improved structures
have been floodproofed.
iv.Notify adjacent communities and/or counties and the department of natural
resources prior to any proposed alteration or relocation of a watercourse and
submit evidence of such notifications to the Federal Insurance Administrator.
v.Keep a record of all permits, conditional uses, appeals, variances and such other
transactions and correspondence pertaining to the administration of this Code.
vi.Submit to the Federal Insurance Administrator an annual report concerning the
community's participation, utilizing the annual report form supplied by the
Federal Insurance Administrator.
vii.Notify the Federal Insurance Administration of any annexations or modifications
to the community's boundaries as part of the annual report.
viii.Review subdivision proposals to ensure such proposals are consistent with the
purpose of this Code and advise the City Council of potential conflicts.
B.Floodplain development permit.
1.Permit required. A floodplain development permit issued by the administrator shall be
secured prior to initiation of any floodplain development (any manmade change to
improved or unimproved real estate, including but not limited to buildings or other
structures, mining, filling, grading, paving, excavation or drilling operations)
including the placement of factory-built homes in both the Floodway, Floodway
Fringe and General Floodplain Overlay Districts.
2.Application for permit. Application for a floodplain development permit shall be
made on forms supplied by the administrator and shall include the following
information.
i.Description of and plans for the work to be covered by the permit for which
application is to be made.
ii.Description of the land on which the proposed work is to be done (i.e., lot, block,
tract, street address or similar description) that will readily identify and located
the work to be done.
iii.Identification of the use or occupancy for which the proposed work is intended.
iv.Elevation of the 100-year flood.
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v.Elevation (in relation to National Geodetic Vertical Datum) of the lowest floor
(including basement) of the structure or of the level to which a structure is to be
floodproofed.
vi.For structures being improved or rebuilt, the estimated cost of improvements and
market value of the structure prior to the improvements.
vii.All certifications by a professional engineer registered in the State of Iowa as
required by this Code.
viii.Such other information as the administrator deems reasonably necessary for
the purpose of this Code.
3.Action for permit application. The administrator shall make a determination as to
whether the proposed floodplain development meets the applicable provisions and
standards of this Code and shall approve or disapprove the application. For
disapprovals, the applicant shall be informed, in writing, of the specific reasons
therefore. The administrator shall not issue permits for conditional uses or variances
except as directed by the Zoning Board of Adjustment.
4.As built certification. The applicant shall be required, prior to the use or occupancy of
any structure or development, to submit certification by a professional engineer
registered in the State of Iowa that the work authorized by the floodplain
development permit was accomplished in compliance with this Code. Any use,
arrangement, or construction in conflict with that authorized shall be deemed a
violation of this Code.
6-4.14 Zoning Board of Adjustment Action Authorized
A.The Zoning Board of Adjustment shall hear and decide applications for conditional uses,
appeals and variances.
B.Conditional uses. Requests for conditional uses shall be submitted to the administrator,
who shall forward such to the Board for consideration. Such requests shall include
information ordinarily submitted with applications as well as any additional information
deemed necessary by the Board.
C.Appeals. Where it is alleged there is any error in any order, requirement, decision, or
determination made by an administrative official in the enforcement of this Code, the
aggrieved party may appeal such action. The notice of appeal shall be filed with the
Board and with the official from whom the appeal is taken and shall set forth the specific
reason for the appeal. The official from whom the appeal is taken shall transmit to the
Board all the papers constituting the record upon which the action appealed from was
taken.
D.Variances. The Board may authorize, upon request in specific cases, such variances from
the terms of this Code that will not be contrary to the public interest, where owing to
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special conditions a literal enforcement of the provisions of this Code will result in
unnecessary hardship. Variances granted must meet the following applicable standards:
1.No variances shall be granted for any development within the Floodway Overlay
District which would result in any increase in the 100-year level. Consideration of the
effects of any development on flood levels shall be based upon the assumption that an
equal degree of development would be allowed for similarly situated lands.
2.Variances shall only be granted upon (i) a showing of good and sufficient cause, (ii) a
determination that failure to grant the variance would result in exceptional hardship to
the applicant, and (iii) a determination that the granting of the variance will not result
in increased flood heights, additional threats to public safety, or extraordinary public
expense, create nuisances, or cause fraud on or victimization of the public.
3.A variance shall only be granted upon a determination that the variance is the
minimum necessary considering the flood hazard, to afford relief.
4.In cases where the variance involves a lower level of flood protection for structures
than what is ordinarily required by this Code, the applicant shall be notified in writing
over the signature of the City Planner that (i) the issuance of a variance will result in
increased premium rates for flood insurance up to amounts as high as $25 for $100 of
insurance coverageand (ii) such construction increases risks to life and property.
5.All variances granted shall have the concurrence or approval of the department of
natural resources.
E.Board decisions. In passing upon requests for conditional uses and variances, the Board
shall consider all relevant factors specified in other sections of this Code and:
1.The danger to life and property due to increased flood heights or velocities caused by
encroachments.
2.The danger that materials may be swept on to other lands or downstream to the injury
of others.
3.The proposed water supply and sanitation systems and the ability of these systems to
prevent disease, contamination and unsanitary conditions.
4.The susceptibility of the proposed facility and its contents to flood damage and the
effect of such damage on the individual owner.
5.The importance of the services provided by the proposed facility to the community.
6.The requirements of the facility for a floodplain location.
7.The availability of alternative locations not subject to flooding for the proposed use.
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8.The compatibility of the proposed use with existing development and development
anticipated in the foreseeable future.
9.The relationship of the proposed use to the comprehensive plan and floodplain
management program for the area.
10.The safety of access to the property in times of flood for ordinary and emergency
vehicles.
11.The expected heights, velocity, duration, rate of rise and sediment transport of the
flood water expected at the site.
12.Such other factors which are relevant to the purpose of this Code.
F.Conditions attached to conditional uses or variances. Upon consideration of the factors
listed above, the Board may attach such conditions to the granting of conditional uses and
variances as it deems necessary to further the purpose of this Code. Such conditions may
include, but not necessarily be limited to:
1.Modification of waste disposal and water supply facilities;
2.Limitation on periods of use and operation;
3.Imposition of operational controls, sureties and deed restrictions;
4.Requirements for construction of channel modification, dikes, levees, and other
protective measures, provided such are approved by the department of natural
resources and are deemed the only practical alterativealternative to achieving the
purposes of this Code; and
5.Floodproofing measures which shall be designed consistent with the flood protection
elevation for the particular area, flood velocities, durations, rate of rise, hydrostatic
and hydrodynamic forces, and other factors associated with the regulatory flood and
that the applicant submit a plan or document certified by a professional engineer
registered in the State of Iowa that the floodproofing measures are consistent with the
regulatory flood protection elevation and associated flood factors for the particular
area.
6-5.ROD Fourth Street Peninsula Redevelopment Overlay District.
6-5.1Purpose
:
.The purpose of the ROD Fourth Street Peninsula Redevelopment Overlay District is to
accommodate change and encourage development, to reduce obstacles to desirable
development, to avoid creation of nonconformity, and to avoid land use conflicts created
by mixed use development.
6-5.2Description of the ROD
:
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The ROD Fourth Street Peninsula Redevelopment Overlay District comprises four (4)
subareas as shown on Exhibit 1, incorporated herein by reference as if set out at length.
Each subarea has one or more overlay zoning district designations which supplement, but
do not replace the underlying zoning district except as otherwise provided herein. Exhibit
1 also showsthe underlying zoning district and the overlay zoning districts for each
subarea. The underlying zoning district is the zoning district in effect at the time of
passage of this ROD Ordinance, or as amended. Such overlay zoning district designations
are shown on the Official Zoning Map as the name of the district (for example, OC)
followed by "-R" (for example, OC-R).
6-5.3Selection of Overlay Zoning District.
A.Subject to the requirements of this Section, a property owner is permitted those
uses of a propertyin accordance with the regulations of one overlay zoning
district in lieu of the regulations for the underlying zoning district without the
need for further rezoning.
B.The development rights allowed under the regulations of the overlay zoning
district and the development rights allowed under the regulations of the
underlying zoning district are mutually exclusive and not cumulative. An
application for a building permit or a change in use of a property must be in
conformity with the provisions of either the underlying zoning district or one of
the overlay zoning districts, but not a combination of the two (2). Such
application for a building permit or the change in use of a property may be
requested only by the owner of the property. Any application for a building permit
or a change in use requires submission of an application for such change in use to
the Planning Services Department.
C.At the time of issuance of a building permit or approval of an application for a
change in use for a use permitted under the regulations of the selected overlay
zoning district, the underlying zoning classification on the parcel shall
automatically cease. The City Planner shall remove the existing underlying
zoning district from the Official Zoning Map at the next regular updating thereof,
and establish the overlay zoning district chosen as the new underlying zoning
district for the property. The property owner may later select other overlay zoning
districts applicable to the subarea subject to the requirements of this Section.
D.A planned district, as the underlying zoning district or as one or more of the
overlay zoning districts, shall require review of a conceptual development plan by
the Zoning Commission and City Council as for any planned district
reclassification or amendment.
6-5.4Reclassification to Original Underlying or Any Other Zoning District
.
Any person may request a reclassification of property within the ROD Fourth Street
Peninsula Redevelopment Overlay District from an overlay zoning district to the original
underlying zoning district or any other zoning district listed in Section 2-1 of the Zoning
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Ordinance. The procedure for such a reclassification shall be that established by Section 6
of the Zoning Ordinance. The ROD shall remain in place regardless of the new
underlying zoning district.
6-5.5Review ofthe Redevelopment Overlay District
.
The ROD may be reviewed by the City Council within five (5) years of the establishment
of the ROD to determine if the ROD has been an effective aid to development. The City
may initiate zoning reclassification proceedings to any zoning district listed in Section 2-
1 of the Zoning Ordinance. The procedure for such a reclassification shall be that
established by Section 6 of the Zoning Ordinance.
6-5.6Conditionsof Development.
A.Conditions of development shall, at a minimum, be those conditions described
herein. The ROD or any subarea within the ROD may have alternative or
additional conditions of development. The conditions of development shall apply
to all property in the ROD, whether ornot development is occurring under the
regulations of the underlying zoning district or an overlay zoning district.
Notification of any change in use, whether it is permitted by the selected overlay
zoning district or the underlying zoning district, must be submitted to the
Planning Services Department prior to commencement of the change in use to
ensure compliance with this Section.
B.Unless alternative or additional conditions of development are specified herein,
the bulk regulations of either the underlying zoning district if no overlay zoning
district is selected as provided herein, or the selected overlay zoning district if an
overlay zoning district is selected as provided herein shall apply, but not a
combination of the two (2). The conditions of development described herein shall
supplement the general site development standards and landscaping and screening
requirements established in Section 4 of the Zoning Ordinance.
C.No building permit shall be issued or a change in use allowed for any property
within the ROD unless the conditions of development have been complied with or
exceptions have been approved by the City Development Review Committee
when a special need or circumstance is demonstrated. This does not, however,
eliminate the need for a variance or conditional use permit, if necessary, as set
forth in Section 5 of the Zoning Ordinance.
1.Lot Size.As per the underlying zoning district if no overlay zoning district is
selected as provided herein or the selected overlay zoning district if an overlay
zoning district is selected as provided herein.
2.Setbacks.As per the underlying zoning district or the selected overlay zoning
district if an overlay zoning district is selected as provided herein provided
that off-street parking and permitted signage must maintain a minimum
setback of 3 feet from all property lines. The design of all development shall
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carefully consider the relationship of any structure to other buildings, streets,
pedestrian ways, open space, landscaping and view preservation as affected by
setbacks.
3.Lot Coverage:As per the underlying zoning district if no overlay zoning
district is selected as provided herein or the selected overlay zoning district if
an overlay zoning district is selected as provided herein.
4.Building Height:Asper the underlying zoning district if no overlay zoning
district is selected as provided herein or the selected overlay zoning district if
an overlay district is selected as provided herein.
5.Restrictions On Heavy Industrial Land Uses:The following land uses shall be
prohibited in the ROD: slaughterhouses; stockyards; sanitary landfills; sewage
treatment plants; crematoriums; reduction plants; forges and smelters (except
foundries); junkyards; salvage yards; and manufacturing or processing of acid,
lime or lime products, coke, coal tar, creosote, cellulose or celluloid products,
detergent, ammonia or chlorine. Any new grain/barge terminals shall be
established as a conditional use as set forth in section 5 of this ordinance
following the adoption of the ordinance establishing the ROD.
6.Design/Construction:The design and construction of all development shall
consider the architectural compatibility of the new development, in terms of
building scale and height, building type or style, construction materials and
site orientation, with existing significant construction.
7.Landscaping:Landscaping shall provide visual and environmental relief in all
parking areas, along streetscapes and as part of the total building setting. At
least fifteen percent (15%) of the development site shall remain as permeable
green space, except that any residential development shall retain at least
twenty five percent (25%) green space.
8.Screening:All outdoor storage, rubbish and garbage areas shall be
permanently screened from view to a height of at least six feet (6'), preferably
with a combination of wooden or masonry fencing, berms and live materials,
as necessary, to promote the buffering goals of the compatibility buffering,
subsection 3-5-6(F)(3)(n) of this ordinance.
9.Pedestrian Linkages:Hard surface sidewalks or paths along streets or within
the development site shall provide direct and logical connection to existing
pedestrian systems and/or adjacent properties.
10.Traffic Interface:Service drives, loading zones and commercial/industrial
truck traffic shall be designed and directed so that a minimal interface with
personal vehicle and pedestrian traffic occurs.
11.Parking:Off street parking requirements set forth in this zoning ordinance
shall apply to all new development, except that up to a twenty percent (20%)
reduction in required off street parking spaces may be allowed for those uses
which can demonstrate a symbiotic relationship between existing
development/parking facilities and the new development which allows and
encourages shared parking and/or park and walk arrangements.
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12.Temporary parking lots may be permitted with the approval of a site plan and
temporary surfacing for not more than two (2) years if approved by the city
planner, provided a bond or letter of credit for one hundred ten percent
(110%) of the installation cost of a permanent parking lot first is provided to
the planning services department.
13.Underground Utilities:Existing and proposed utility distribution lines shall be
placed underground where feasible.
14.Exterior Premises:Exterior premises of all structures shall be free from
nuisances, unsanitary conditions and hazards. All garbage and refuse shall be
kept in appropriate covered and screened containers until collected. All open
areas shall be either: 1) paved with impermeablematerials and graded so as to
prevent pooling of water, or 2) covered and landscaped with vegetation
sufficient to prevent erosion and the blowing of dust.
15.Compatibility Buffering:It shall be the responsibility of the developer of the
subject property to buffer the property by appropriate means from all adjacent
properties. The developer shall bear the responsibility to assure a compatible
fit with existing adjacent uses, whether or not the new use or development is
occurring under the regulations of the underlying zoning district if no overlay
zoning district is selected as provided herein or an overlay zoning district if an
overlay district is selected as provided herein.
16.Riverfront Access:Development along the riverfront shall make every effort
to incorporate public access or viewpoints into the project to promote long
range city planning efforts, yet acknowledging and recognizing private
property rights along and into the river.
17.Signs:Any other provisions of this ordinance to the contrary notwithstanding,
signs in the redevelopment overlay district shall comply with the following
schedules of ROD on premises and off premises sign regulations as shown in
exhibit 2, incorporated herein by reference as if set out at length, foron
premises signs and in exhibit 3, incorporated herein by reference as if set out
at length, for off premises signs. These ROD sign requirements shall
supersede the requirement specified in the underlying zoning district, any
overlay zoning district or the Freeway 61/151 corridor SOD signage overlay
district. (Ord. 23-90, ? 4, 3-19-1990; Ord. 31-90, ? 1, 4-16-1990; Ord. 50-90, ?
2, 6-4-1990; Ord. 70-90, ? 1(a)-(d), 9-4-1990; Ord. 21-92, ? 2, 3-2-1992; Ord.
12-93, ? 2, 3-15-1993; Ord. 43-95, ? 2, 7-3-1995;Ord. 4-02, ? 1, 1-21-2002;
Ord. 4-05, ? 1, 2-21-2005)
6-5 Airport Overlay District
5.
RESERVED FOR FUTURE USE
6-6 OTND Old Town Neighborhood District Overlay
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It is recognized that the older areas of Dubuque primarily in the downtown and surrounding
neighborhoods require site design standards that respect the historic context of their
development.
6-6.1 Purpose
The OTND is characterized by older building stock and a mix of densely developed
commercial and residential structures built on small lots served by alleys. The OTND
includes Dubuque’s historic downtown core, the Central Avenue and Rhomberg Avenue
business corridors, older neighborhood commercial nodes often located on corner lots and a
mix of single and multi-family housing located on separate lots or as upper story apartments.
The purpose and intent of the OTND is to conserve the character and integrity of historic
building stock in areas of the city where strict application of site design standards for new
commercial and multi-family residential development are difficult to apply due to the dense
development patterns of these older areas. Often, application of such “suburban-style”
standards may lead to demolition of existing structures or may limit redevelopment of
commercial and multi-family structures or properties in the TND.
6-6.2 OTND Boundary
The OTND includes the City’s locally-designated historic districts, conservation districts,
and conservation planning areas as defined in Article 10 of this Code, and those areas
included in the City’s phased Historic/Architectural Survey/Evaluation.
6-6.3 OTND Design Guidelines
OTND design guidelines enable property owners to renovate, redevelop or expand their
businesses or buildings within a framework compatible to their neighborhood character and
surrounding environs.
6-6.4 Applicability
This section shall apply to all lands within the jurisdiction of the City shown on the Official
Zoning Map as being within the OTND Old Town Neighborhood District Overlay.
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Section II – Zoning Regulations Article 7 – Supplemental Regulations
Article 7: Supplemental Use Regulations
7-1Home Occupations Home-Based Businesses
7-1.1 General Provisions
A.Home occupationsbased businesses shall be permitted as accessory uses within principal
residential dwellings provided they meet the following provisions and the requirements
of the district in which located. A home-occupationbased business shall not be permitted
that:
1.Changes the outside appearance of the dwelling or is visible from the street;
2.Generates traffic, parking, sewerage or water use in excess of what is normal in the
residential neighborhood;
3.Creates a hazard to person or property, results in electrical interference, or becomes a
nuisance;
4.Results in outside storage or display of any kind;
5.Employs other than self or family members residing on the premises;
6.Occupies more than 2550percent of the total floor area of the dwelling unit;
7.Requires deliveries of materials to and from the premises involving the use of
vehicles over two ton capacity, except parcel post or similar parcel service vehicles;
8.Produces noise, vibration, smoke, odors, heat or glare as a result of a home
occupationHome-based business which would exceed that normally produced by a
single residence as determined by the City Planner;
9.Advertises, using other than a name, phone number and post office box.with a sign
on-site or off-premises.
B.Customer and client contact shall be primarily by telephone ,or mail, fax, email,or
website and not on the premises of the home-based business,occupation, except those
home-basedbusinesses occupations such as tutoring, teaching, child care or personal
services which cannot be conducted without personal contact and as permitted in the
following section.
C.Services or sales conducted on the premises shall be by appointment only and shall not be
oriented toward, or attract, off-the-street customer or client traffic.
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7-1.2 Permitted Home-Based BusinessOccupationUses
The following are permitted ashome-based businesses, occupations, provided such
professional, business, or office activities are conducted in a manner that is clearly accessory
and incidental to the residential use of the premises:
A.Art studio
B.Cake decorating
C.Ceramics
D.Computer programming
E.Consultant services
F.Child care (not including licensed child care center). Day care homeLicensed cChildcare
centerforup to 11 children at one time, as defined by Chapter 237A of the Code of Iowa.
This number shall include the provider's own children who are not regularly in school full
days. One responsible individual, age 14 or older, shall be on duty to assist the day
carechildcarehome provider when there are more than six children present for more than
a two hour period
G.Adult day services(not including licensed adult day care)
F.
H.Dressmaking, sewing and tailoring
G.
I.Film processing
H.
J.Home cooking and preserving
I.
K.Home crafts
J.
L.Home office
M.Home products distributors
K.
N.Income tax preparations
L.
O.Insurance sales persons
M.
P.Mailing services
N.
Q.Online business
R.Painting, sculpturing and writing
O.
S.Teachingor tutoring limited to four persons at one time
P.
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T.Telephone answering
Q.
Tutoring limited to four persons at one time
R.
U.Typist/stenographer
S.
7-1.3 Prohibited Home-Based BusinessOccupation Uses
The following uses shall be specifically prohibited as home-based businesses: occupations:
A.Barber and beauty shops
B.Automobile repair, except that an individual residing on the premises may service such
Section 7-1.1
individual's own vehicle providing that the provisions of are met and that
no repairs shall take place between the hours of 9:00 p.m. to :00 a.m.
9
C.Antique/furniture refinishing for resale on the premise or as a service for the general
public
D.Recycling or salvage operations
E.Small engine repair
F.Contractor’s shop
G.Welding services
Any use listed as office or commercial uses permitted in other districts.
H.
7-1.4 Home-Based BusinessesOccupationsas Conditional Uses
Any proposed home-based businesses occupation not specifically prohibited or that employs
Section ???
up to two (2) people who do not reside within the home by herein shall be
considered a conditional use and be granted or denied by the Zoning Board of Adjustment
upon finding that the proposed home-based businessoccupationcan meet the provisions of
Section ???
this section.
7-2TelecommunicationTowers and Antennas
The provisions of this section are intended to regulate the location of towers and antennas.
The telecommunications act of 1996 restructured and deregulated many aspects of the
country's communication industry. New wireless telecommunication providers entering the
market desire to build a network that may require additional wireless telecommunications
towers and antennas mounted on existing buildings and other structures. The purpose of these
regulations is to encourage the use of the new technologies while protecting the safety and
aesthetics of the community. Based upon tThe Communications Act of 1934, as amended by
the Telecommunications Act of 1996 (Act) grants the Federal Communications Commission
(FCC) exclusive jurisdiction over certain aspects of telecommunication services. This section
is intended to regulate towers, telecommunications facilities and antennas in the City in
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conformance with the Act without prohibiting or tending to prohibit any person from
providing wireless telecommunication service.
7-2.1Definitions
All terms in this Section which are not specifically defined herein shall be construed in
accordance with the Communications Act of 1934, the Telecommunications Act of 1996 and
the Rules and Regulations of the Federal Communications Commission (FCC). As used in
this Section, the following terms shall have the following meanings:
Accessory Facility or Structure
means an accessory facility or structure serving or being
used in conjunction with an antenna, and located on the same property or lot as the wireless
telecommunications facilities, including but not limited to utility or transmission equipment,
storage sheds or cabinets.
ANSI
: American National Standards Institute.
Antenna
: any exterior transmitting, reception or receiving device mounted on a tower,
building or freestanding structure and used in transmission or reception of electromagnetic
waves, digital signals, analog signals, radio frequencies (excluding radar signals), wireless
telecommunication signals or other communication signals.
Antenna Array
: a grouping of antennas that encompasses both transmitter(s) and receiver(s)
of a single wireless telecommunication provider
Antenna Support Structure
: any structure other than a communications tower which can be
used for supporting an antenna or antenna array attached to a host structure which does not
extend more than 30 feet above the highest point of the host structure.
Communications Tower
: any ground-mounted structure that is designed,andconstructed
and used primarily for the purpose of supporting one or more antennas, including self-
supporting lattice towers, guyed towers, or monopole towers. The term also includes radio
and television transmission towers, microwave towers, cellular telephone towers, alternative
tower structures, and other similar structures. The term includes the structure and any support
thereto.
FAA
: Federal Aviation Administration.
FCC
: Federal Communications Commission.
Height
means when referring to a tower or structure, the distance measured from the pre-
existing grade level to the highest point on the tower or structure, even if said highest point is
an antenna or lightening protection device.
Satellite Dish Antenna
: an antenna consisting of a radiation element intended for
transmitting or receiving television, radio, microwave, or radiation signals and supported by
a structure with or without a reflective component to the radiating dish, usually circular in
shape.
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Stealth Construction:
: aAny telecommunications facility, tower, or antenna which is
designed to enhance compatibility with adjacent land uses, including, but not limited to,
architecturally screened roof-mounted antennas, antennas integrated into architectural
elements, and towers designed to look other than a tower, such as light poles, power poles
and trees.
Support Facilities
: support buildings, boxes, cabinets or similar structures containing
electrical or mechanical equipment and developed for the reception or transmission of
electromagnetic waves, digital signals, analog signals, radio frequencies (excluding radar
signals), wireless telecommunication signals or other communication signals.
Telecommunications
means the transmission and/or reception of audio, video, data and
other information by wire, radio frequency, light, and other electronic or electromagnetic
systems.
Tower Height
: the distance measured from the grade level at the base of the tower to the
highest point on the tower, including any antenna mounted on the tower.
7-2.2 Applicability
A.Nonessential Services:
1.Wireless telecommunication towers and antennas shall be regulated pursuant to this
section and not regulated as essential service, public utility or private utility.
B.Exclusions: The following shall be exempted from this Code:
1.Fire, police, transportation or other public service facilities owned and operated by
local governments.
2.Any facilities expressly exempt from the City’s siting, building, and permitting
authority.
3.Over-the Air reception devices including the reception antennas for direct broadcast
satellites (DBS), multichannel multipoint distribution (wireless cable) providers
(MMDS), television broadcast stations (TVBS) and other customer-end antennas that
receive and transmit fixed wireless signals that are primarily used for reception.
2.4.Facilities exclusively for private, non-commercial radio and television reception and
private citizen’s bands, licensed amateur radio and other similar non-commercial
telecommunications.
5.Facilities exclusively for providing unlicensed spread spectrum technologieswhere
the facility does not require a new tower.
C.Exceptions: This section shall apply to all towers and antennas except the following:
B.
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Individually owned residential receive only antennas.
1.
Satellite receiving dishes not larger than five feet in diameter (see accessory
2.
structures).
Existing or new public safety structures necessary for broadcast of emergency
3.
communications or warning sirens operated by governmental subdivisions.
7-2.3Communication Tower Standards
A.Nocommunication tower or associated support facilities shall be constructed, except in
conformance with this section.
Applicants proposing to construct a tower higher than allowed herein may apply for a
B.
height varianceto be approved by the Zoning Board of Adjustment.
B.Guy wires and other support facilities shall conform to the setback requirements for
C.
the underlying zoning district.
C.Communication Ttowers are prohibited within POS Districts
D.
D.Communication Ttowers are prohibited within historic districts and within 1,000 feet
E.
of a historic district.
E.Communication Towers are subject to shall meet the following bulk regulations:
F.
Minimum
Zoning DistrictUse TypeMaximum Height
Setback
Agricultural,
Residential,
Single-user: 75 feet
Office,
Conditional Use
OR Multiple-user:
Commercial, 100% of tower
Permit
150 feet
Institutional, height
PUD
Height allowed by
Permitted
Industrial
underlying district
F.Site plans for communication towers shall be submitted and reviewed as major site plans.
Site plan applications shall be prepared to show all information currently required by the
City, a list of which shall be available from the Planning Services Department.
G.Towersite plan applications shall also include either an affidavit attesting to the fact that
the applicant has made diligent but unsuccessful efforts to obtain permission to install or
colocatetheApplicant’s telecommunications facilities on a tower or useable antenna
support,or written technical evidence from an engineer that the Applicant’s
telecommunications facilities cannot be installed or colocatedon another tower or
useable antenna support structure.
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Application requirements for site plan review. Site plans for towers shall be submitted and
6.
reviewed in accordance with Section 4-4 of this Appendix and shall be considered a
major site plan. The following information shall be submitted with the site plan:
Site and landscape plans drawn to scale;
a.
A report, including a description and visual depiction of the tower, with technical
b.
reasons for its design and an explanation of why existing towers or other structures
cannot be utilized;
Engineered plans for the structure and foundation;
c.
The generalcapacity of the tower, and information necessary to assure that ANSI
d.
standards are met;
A statement of intent on whether excess space will be leased;
e.
Proof of ownership of the proposed site or authorization to utilize it;
f.
Copies of any easements necessary; and
g.
An analysis of the area containing existing topographical contours.
h.
7-2.4 Antennas
Antennas, and their essential support facilities, shall be allowed as a permitted use in any
zoning district subject to the following:
A.A simple site plan shall be submitted for each antenna or antenna array providing the
following information:
1.Mounting location of proposed antenna or antenna array on host structure.
2.Description of antenna or antenna array height and width, including a photo (if
available) or other visual representation.
3.Proof of ownership of the proposed site or authorization to utilize it.
B.The antenna does not extend more than 30 feet above the highest point of the host
structure.
C.Antennas may be mounted on nonresidential structures, including, but not limited to,
existing towers, traffic signals, streetlights, water towers, billboards, telephone tower and
emergency signal poles, bridges, and parking deck structures.
D.Antennas or antenna arrays shall comply with the maximum height requirement of the
zoning district in which they are located. Applicants proposing an antenna higher than
allowed by the zoning district in which it will be located may apply for a variance to the
Zoning Board of Adjustment.
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E.No antenna or antenna array may, by virtue of this Section, occupy, encroach or
"overhang" any public right of way without the expressed approval of the City.
F.Each antenna installation shall require a separate building permit.
G.A building permit for the installation of an antenna in an historic district requires the
prior issuance of a certificate of appropriateness from the Historic Preservation
Commission.
7-2.5 Conditional Use Permit Application
A.An applicant proposing a telecommunicationcommunicationtower that requires a
conditional use permit for construction in the zoning district for which it is proposed shall
Section
submit the followingall information, in addition to requirements established in
???
required by the Planning Services Department. currently required by the City, a list
of which shall be available from the Planning Services Department.
Site and landscape plans drawn to scale;
a.
A report, including a description and visual depiction of the tower, with technical
b.
reasons for its design and an explanation why existing towers or other structures
cannot be utilized, including pre-approved City-owned locations;
The general capacity of the tower and information necessary to assure that ANSI
c.
standards are met;
A statement of intent on whether the excess space will be leased;
d.
e.
Proof of ownership of the proposed site or authorization to use it;
f.
Copies of any easements necessary; and
g.
An analysis of the area containing existing topographical contours.
h.
B.After receipt of an application for a conditional use permit, the Planning and
ZoningServices Department shall schedule a public hearing before the Zoning Board of
Adjustment, following all statutory requirements for publication and notice, to consider
such application. The Zoning Board of Adjustment shall receive testimony evidenceon
the conditional use permit. The Zoning Board of Adjustment may approve the conditional
use permit as requested in the pending application with any conditions or safeguards,
including stealth construction, it deems reasonable and appropriate based upon the
application and/or input received at the public hearings or deny the application.
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7-2.67-2.6 Security Fencing
All self-supporting lattice or guyed communication towers shall be enclosed within a security
fence or other structure designed to preclude unauthorized access. Monopole communication
towers shall be designed and constructed in a manner which will preclude to the extent
practical, unauthorized climbing of said structure.
7-2.77 Exterior Finish
Communication Ttowersnot requiring FAA painting or marking shall have a neutral exterior
finish which enhances compatibilityis compatible with adjacent land uses and reduces visual
impact, subject to review and approval by the Zoning Board of Adjustment as part of the
application approval process.
7-2.88 Landscaping
All tracts of land on which communication towers, antenna support structures, support
telecommunicationsfacilities and/or antennas are located shall be subject to the following
landscaping requirements of the City, including:
A.Support facilities and communicationtower bases shall be landscaped with a buffer of
plant materials that effectively screens from view the tower base and any support
facilities from adjacent property or street. The plantings installed shall be of a size and
species that can achieve a height of six feet and 75 percent opacity within three growing
seasons.
B.In locations where the visual impact of the tower and support facilities would be minimal,
the landscape requirement may be reduced or waived by the City Planner.
C.Existing mature tree growth and natural land forms on the property shall be preserved to
the maximum extent possible. Natural growth around the property perimeter may be
considered a sufficient buffer for a proposed tower and support facilities as determined
by the City Planner.
7-2.199 Lighting
Towers shall not be illuminated unless required to conform to FAA or other governmental
regulations.
7-2.1010 Maintenance, Repair, and Modification
A.All communication towers, antenna support structures, support facilities and antennas
constructed or under construction on the date of approval of this regulation may continue
in existence as a non-conforming structure and may be maintained or repaired without
complying with any of the requirements of this Section. Nonconforming structures or
uses may not be enlarged or the degree of nonconformance increased without complying
with this Section. Any modification or reconstruction of a tower, antenna support
structure, support facilities and antennas constructed or under construction on the date of
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approval of this regulation shall be required to comply with the requirements of this
Section.
B.Communication Towers, antenna support structures, telecommunications support
facilities and antennas constructed under authority of this section shall at all times be kept
and maintained in good condition, order and repair so that the same does not constitute a
nuisance to or a danger to the life or property of any person or the public.
7-2.111 Support Facilities
A.Support facilities shall be of a color and construction that is compatible with surrounding
development.
B.Support facilities shall not be more than 400 square feet of gross floor area and more than
12 feet in height.
C.Setbacks for support facilities shall be the same as the setbacks required for other
structures in the zoning district in which they are located.
A.Removal of Communication Towers and Antennas
7-2.122
A. The operator of a communicationtower shall provide the City with a copy of any
notice submitted to the FCC stating their intent to cease operations. The operator or the
land owner shall have 90 days from the last date of operations to remove the tower and
support facilities.
B.Anyantenna or communication tower that is not operated for a continuous period of
12 months shall be considered abandoned, and the owneroperator of such antenna or
toweror the land owner shall remove the same within 90 days of notice from the City to
remove the tower or antenna. A maximum of two 12 month extensions may be granted by
the City Planner if the tower operator is actively seeking tenants for the tower. wer.
C. If the owneroperator or land owner of a tower fails, after notice, to remove the tower,
the City shall begin the civil citation process.
7-2.1313 Nonconforming CommunicationTowers and Antennas
Any existing communicationtower or antenna which becomes nonconforming on the
effective date hereof or becomes nonconforming at any future date shall be regulated
Article 4
according to the rules set forth in , except as follows:
A.New antennas and support facilities may be mounted on a nonconforming
communicationtower.
B.A nonconforming communicationtower within 1,000 feet of an historic preservation
district shall be considered a legal nonconforming tower. As such, the tower may remain
until it has been abandoned.
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C.Should any lawful nonconforming communicationtower be destroyed by any means to
an extent of more than 75 percent of its replacement cost at the time of destruction, it may
only be reconstructed in conformance with the provisions of this Section, provided that
the destruction was caused by an accident or act of God occurring after the adoption of
this Section and such reconstruction does not increase the degree of nonconformity that
existed prior to destruction.
7-2.1414 Satellite Dish Antenna Regulations
Satellite dish antennas may be permitted as accessory uses provided a site plan is submitted
Article 12
and approved in accordance with .
A.Not more than one ground mounted dish shall be placed on any lot less than one-half
acre; and
B.Dishes shall not exceed 10 feet in diameter; and
C.Dishes shall be made of noncombustible and corrosive resistant material and erected in a
secure, wind resistant manner according to the specifications of the building official; and
D.Dishes shall not be used as signs or billboards (on or off premises signs); and
E.Ground mounted dishes shall only be permitted in rear yards, except that on corner lots
dishes shall be allowed in side yards; and
F.Roof mounted satellite dishes shall be allowed in all nonresidential districts provided that
the additional requirements shall apply:
1.The height does not exceed the maximum height restrictions of buildings within the
zoning district; and
2.The dish location is a minimum of five feet from any property line; and
3.In lieu of a site plan a building elevation drawing shall be required to indicate
compliance with height and setback regulations;
4.Shall not exceed either 10 feet in diameter for circular shapes or 40 square feet for
other than circular shapes.
7-3 Wind Energy Conversion Systems
7-3.1 Purpose
In order to balance the need for clean, renewable energy resources and the necessity to
protect the health, safety, sustainability and welfare of the community, the City of Dubuque
finds these regulations are necessary to ensure that wind energy conversion systems are
appropriately sited within the community.
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7-3.2 Definitions
For purposes of this Section, the following terms shall have the meaning herein ascribed to
them:
Building-Mounted Wind Turbine (BMWT)
: a wind energy conversion system consisting
of a wind turbine mounting system and associated control or conversion electronics and
which is mounted to a building and intended to primarily reduce on-site consumption of
utility power.
Commercial Wind Energy Conversion System (CWECS)
: an electrical generating facility
comprised of one or more wind turbines and accessory facilities generating capacity,
including but not limited to: power lines, transformers, substations and meteorological towers
that operate by converting the kinetic energy of wind into electrical energy. The energy
generated will be used by a utility company for off-site use.
FAA
: Federal Aviation Administration.
FCC
: Federal Communications Commission.
Hub Height
: the distance from ground level as measured to the centerline of the rotor.
Residential Wind Energy Conversion System (RWECS)
: a wind energy conversion
system consisting of a wind turbine, tower, and associated control or conversion electronics,
and which is intended to primarily reduce on-site consumption of utility power. A system is
considered a residential wind energy system only if it supplies electrical power solely for on-
site use, except that when a parcel on which the system is installed also receives electrical
power supplied by a utility company, excess electrical power generated and not presently
needed for on-site use may be used by the utility company.
Rotor Diameter
: the diameter of the circle described by the moving rotor blades.
Small Wind Energy Conversion System (SWECS)
: a wind energy conversion system
consisting of a wind turbine, a tower, and associated control or conversion electronics, and
which will be used primarily to reduce on-site consumption of utility power.
Total Height
: the highest point, above ground level, reached by a rotor tip or any other part
of the Wind Energy Conversion System.
Tower Height
: the height above grade of the fixed portion of the tower, excluding the wind
turbine itself.
Wind Energy Conversion System (WECS)
: an aggregation of parts including the base,
tower, generator, rotor, blades, supports, guy wires and accessory equipment such as utility
interconnect and battery banks, etc., in such configuration as necessary to convert the power
of wind into mechanical or electrical energy, e.g., wind charger, windmill or wind turbine.
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Wind Turbines
: any piece of electrical generating equipment that converts the kinetic
energy of blowing wind into electrical energy using airfoils or similar devices to capture the
wind.
7-3.3 Residential Wind Energy Conversion System (RWECS)
A.The requirements for siting and construction of all Residential Wind Energy Conversion
Systems regulated by this section shall include the following:
1.Wind energy towers shall to the extent possible blend into the surrounding
environment and architecture, including painting to reduce visual obtrusiveness. The
Planning Services Manager may require a photo of an RWECS system of the same
model that is the subject of the landowner’s application adjacent to a building or some
other object illustrating scale (e.g., manufacturer’s photo).
2.RWECS shall not be artificially lighted unless required by the FAA or appropriate
authority.
3.No tower should have any sign, writing, or picture that may be construed as
advertising.
4.RWECS shall not exceed 60 decibels, as measured at the closest property line. The
level, however, may be exceeded during short-term events such as utility outages
and/or severe windstorms.
5.An RWECS shall be located on a parcel that is at least one acre in size.
6.The applicant shall provide evidence that the proposed height of the RWECS does not
exceed the height recommended by the manufacturer or distributor of the system.
7.The applicant will provide information demonstrating that the system will be used
primarily to off-set on-site consumption of electricity.
8.The minimum distance between the ground and any protruding blades utilized on an
RWECS shall be 20 feet, as measured at the lowest point on the arc of the blades. The
supporting tower shall also be enclosed with a six foot tall fence or the base of the
tower shall not be climbable for a distance of 12 feet.
B.Compliance with FAA regulations: An RWECS must comply with applicable regulations
of the Federal Aviation Administration, including any necessary approvals for
installations close to airports.
C.Compliance with the International Building Code: Building permit applications for an
RWECS shall be accompanied by standard drawings of the wind turbine structure,
including the tower base, and footings. An engineering analysis of the tower showing
compliance with the International Building Code and certified by a professional engineer
licensed in the State of Iowa shall also be submitted.
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D.Compliance with National Electric Code: Building permit applications for an RWECS
shall be accompanied by a line drawing of the electrical components in sufficient detail to
allow for a determination that the manner of installation conforms to the National Electric
Code. This information may be supplied by the manufacturer.
E.The requirements for siting and construction of an RWECS may be modified by special
Section 8-7
exception in accordance with .
7-3.4 Small Wind Energy Conversion Systems (SWECS)
A.The requirements for siting and construction of all Small Wind Energy Conversion
Systems regulated by this section shall include the following:
1.Small wind energy towers shall maintain a galvanized steel finish, unless FAA
standards require otherwise, or if the owner is attempting to match the finish on the
tower to the surrounding environment and architecture, in which case it may be
painted to reduce visual obtrusion. The Planning Services Manager may require a
photo of an SWECS of the same model that is the subject of the landowner’s
application adjacent to a building or some other object illustrating scale (e.g.,
manufacturer’s photo).
2.An SWECS shall not be artificially lighted unless required by FAA or appropriate
authority.
3.No tower should have any sign, writing, or picture that may be construed as
advertising.
4.An SWECS shall not exceed 60 decibels, as measured at the closest property line.
The level, however, may be exceeded during short-term events such as utility outages
and/or severe windstorms.
5.An SWECS shall be located on a parcel that is at least three acres in size.
6.The applicant shall provide evidence that the proposed height of the SWECS tower
does not exceed the height recommended by the manufacturer or distributor of the
system.
7.The applicant will provide information demonstrating that the system will be used
primarily to off-set on-site consumption of electricity.
8.The minimum distance between the ground and any protruding blades utilized on an
SWECS shall be 20 feet, as measured at the lowest point of the arc of the blades. No
blades shall extend over parking areas, driveways or sidewalks. The supporting tower
shall also be enclosed with a six foot tall fence or the base of the tower shall not be
climbable for a distance of 12 feet.
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B.Compliance with FAA Regulations: An SWECS must comply with applicable regulations
of the Federal Aviation Administration, including any necessary approvals for
installations close to airports.
C.Compliance with International Building Code: Building permit applications for an
SWECS shall be accompanied by standard drawings of the wind turbine structure,
including the tower, base, and footings. An engineering analysis of the tower showing
compliance with the International Building Code and certified by a licensed professional
engineer shall also be submitted.
D.Compliance with National Electric code: Building permit applications for an SWECS
shall be accompanied by a line drawing of the electrical components in sufficient detail to
allow for a determination that the manner of installation conforms to the National Electric
Code. This information may be supplied by the manufacturer.
E.The requirements for siting and construction of an SWECS may be modified by variance
Section 8-6
in accordance with .
7-3.5 Commercial Wind Energy Conversion Systems (CWECS)
A.A Commercial Wind Energy Conversion System shall be allowed only as a Planned Unit
Section 5-24
Development District in accordance with . The requirements and application
information to be supplied for the siting and construction of all CWECS regulated by this
section shall include the following:
1.The name(s) of project applicant.
2.The name of the project owner.
3.The legal description and address of the project.
4.A description of the project including number, type, name plate generating capacity,
tower height, rotor diameter, and total height of all wind turbines and means of
interconnecting with the electrical grid.
5.Site layout, including the location of property lines, wind turbines, feeder lines, and
all related accessory structures. This site layout shall include distances and be drawn
to scale.
6.Engineer’s certification from an engineer certified by the State of Iowa.
7.Documentation of land ownership or legal control of the property.
8.The latitude and longitude of individual wind turbines.
9.A USGS topographical map, or map with similar data, of the property and
surrounding area, including any other wind energy conversion system, within 10 rotor
distances of the proposed CWECS not owned by the applicant.
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10.Location of wetlands, scenic, and natural areas (including bluffs) within 1,320 feet of
the proposed CWECS.
11.An acoustical analysis that certifies that the noise requirements within this Code can
be met.
12.The applicant shall supply the emergency management agency and/or Fire
Department with a basic emergency response plan.
13.FAA and FCC permit, if necessary. Applicant shall submit permit or evidence that the
permit has been filed with the appropriate agency.
14.Evidence that there will be no interference with any commercial and/or public safety
communication towers.
15.Decommissioning Plan as required by this Code.
B.All towers shall adhere to the following safety and design standards:
1.Clearance of rotor blades or airfoils must maintain a minimum of 20 feet of clearance
between the lowest point of their arc and the ground.
2.All CWECS shall have a sign or signs posted on the tower, transformer and
substation, warning of high voltage. Other signs shall be posted on the turbine with
emergency contact information.
3.All wind turbines, which are a part of a CWECS, shall be installed with a tubular
monopole type tower.
4.Color and finish:
i.All wind turbines and towers that are part of a CWECS shall be white, grey or
another non-obtrusive color.
ii.Blades may be black in order to facilitate deicing.
iii.Finishes shall be matte or non-reflective.
5.Lighting:
i.Lighting, including lighting intensity and frequency of strobe, shall adhere to but
not exceed requirements established by the FAA permits and regulations.
ii.Red strobe lights shall be used during nighttime illumination to reduce impacts on
neighboring uses and migratory birds.
iii.Red pulsating incandescent lights shall be prohibited.
6.All signage shall comply with the sign regulations found in these regulations.
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7.All communications and feeder lines installed as part of a CWECS shall be buried,
where feasible.
8.No CWECS shall exceed 50 decibels at the nearest structure or use occupied by
humans.
9.Interference.
i.The applicant shall minimize or mitigate interference with any commercial or
public safety electromagnetic communications, such as radio, telephone,
microwaves, or television signals caused by any CWECS.
ii.The applicant shall notify all communication tower operators within five miles of
the proposed CWECS location upon application to the City for permits.
10.Roads, applicant shall:
i.Identify all county, municipal or township roads to be used for the purposes of
transporting CWECS, substation parts, cement, and/or equipment for
construction, operation or maintenance of the CWECS and obtain applicable
weight and size permits from the impacted jurisdictions prior to construction.
ii.Conduct a pre-construction survey, in coordination with the appropriate
jurisdictions to determine existing road conditions. The survey shall include
photographs and a written agreement to document the condition of the public
road.
iii.Be responsible for restoring the road(s) and bridges to preconstruction conditions.
11.The applicant shall be responsible for immediate repair of damage to public drainage
systems stemming from construction, operation or maintenance of the CWECS.
C.The requirements for siting and construction of a CWECS may be modified as part of the
Section 5-24
review process to establish the PUD in accordance with .
7-3.6 Freestanding WECS Bulk Standards
Minimum Minimum Lot
Turbine TypeZoning DistrictUse TypeMaximum Height
SetbackArea
Residential,
RWECSCUP required80 feet1 acre
Office
100% of total
system height
CommercialCUP required
SWECS120 feet3 acres
Industrial, AG, IDCUP required
Pursuant to Pursuant to
CWECSPUDPUD required10 acres
PUDPUD
Freestanding WECS are prohibited in and within 1,000 feet of a historic district
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7-3.7 Building-Mountable Wind Turbines (BMWT)
A BMWT and its essential support facilities shall be allowed as a permitted accessory use
when attached to the principle structure in any zoning district subject to the following:
A.A simple site plan shall be submitted for each BMWT providing the following
information:
1.Mounting location of the BMWT on host the principle structure.
2.Description of the BMWT height and width, including a photo (if available) or other
visual representation..
B. BMWT shall not exceed 60 decibels, as measured at the closest property line. The level,
however, may be exceeded during short-term events such as utility outages and/or severe
windstorms.
C. BMWT shall comply with the maximum height requirement of the zoning district in
which it is located. Applicants proposing an installation higher than allowed by the
zoning district in which it will be located may apply for a variance to the Zoning Board
of Adjustment.
D.No BMWT may, by virtue of this Code, occupy, encroach or “overhang” any public
right-of-way without the expressed approval of the City of Dubuque.
E.Each BMWT installation shall require a separate building permit.
F.A building permit for the installation of a BMWT in a historic district requires the prior
issuance of a Certificate of Appropriateness from the Historic Preservation Commission.
7-3.8 Repair; Abandonment; Removal
A.Small Wind Energy Conversion Systems: Any SWECS found to be unsafe by the
Building Official shall be repaired by the owner to meet federal, state and local safety
standards, or removed within six months. If any SWECS is not operated for a continuous
period of 12 months, the City shall notify the landowner by registered mail that such
SWECS is deemed abandoned, and provide 45 days for a response. In their response, the
landowner shall set forth reasons for the operational difficulty and provide a timetable for
corrective action not exceeding six months. If the corrective action is not completed with
six months, the City shall notify the landowner that such SWECS shall be removed
within 12 days of receipt of the notice.
B.Commercial Wind Energy Conversion Systems: A CWECS shall be considered a
discontinued use after 12 months without energy production, unless a plan is developed
and submitted to the City outlining the steps and schedule for returning the CWECS to
service. All CWECS and accessory facilities shall be removed to four feet below ground
level within 180 days of the discontinuation of use. Additional time may be granted upon
acceptable proof of weather delays. Each CWECS shall have a decommissioning plan
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outlining the anticipated means and cost of removing CWECS at the end of their
serviceable life or upon becoming a discontinued use. The cost estimates shall be made
by a competent party, such as a professional engineer, a contractor capable of
decommissioning or a person with suitable expertise or experience with
decommissioning. The plan shall also identify the financial resources that will be
available to pay for decommissioning and removal of the WECS and accessory facilities.
7-4 Adult Entertainment Establishments (as defined in Chapter 31 of the City Code)
4-8.2. Definitions:
The following definitions shall govern the interpretation of this Section:
(1)Adult Entertainment Establishment:An establishment having as a substantial or
significant portion of its business the offering of entertainment, stock in trade of
materials, scenes or other presentations 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 significant portion of its
stock in trade, books, magazines, and other periodicals which are distinguished or
characterized by their emphasis on matter depicting, describing or relating to "specified
sexual activities" or "specified anatomical areas" (as defined below), or an establishment
or section devoted to the sale or display of such material.
(3)Adult Motion Picture Theater: An enclosed building with a capacity of fifty (50) or
more persons used for presenting material distinguished or characterized by an emphasis
on matter depicting, describing or relating to "specified sexual activities" or "specified
anatomical areas" (as defined below), for observation by patrons therein.
(4)Adult Mini-Motion Picture Theater:An enclosed building with a capacity for less
than fifty (50) persons used for presenting material distinguished or characterizedby an
emphasis on matter depicting, describing, or relating to "specified sexual activities" or
"specified anatomical areas" (as defined below), for observation by patrons therein.
(5)Specified Sexual Activities:
(a) Human genitals in a state of sexualstimulation or arousal;
(b) Acts of human masturbation, sexual intercourse or sodomy;
(c) Fondling or other erotic touching of human genitals, pubic region, buttock or
female breast.
(6)Specified Anatomical Areas:
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(a) Less than completely and opaquely covered: 1) human genitals, pubic region; 2)
buttock; and 3) female breast below a point immediately above the top of the areola;
and
(b) Human male genitals in a discernibly turgid state, even if completely and opaquely
covered.
7-4.1 Purpose
The special provisions of this Section are intended to regulate the location of adult
entertainment establishments as herein defined, by specifying districts in which such uses
may be permitted and requirements for spatial separation of such uses. Nothing in this Code
shall be construed or interpreted to permit adult entertainment establishments in areas other
than those set forth herein.
Adult entertainment establishments are hereby acknowledged to have special characteristics
and impacts upon their surroundings, and upon the use and enjoyment of adjacent 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 constitutional issues heretofore adjudicated.
The provisions of this Section shall govern the location and spatial separation of adult
entertainment establishments in commercial districts and industrial districts, and no such
regulated use, as defined, may be permitted except in conformance with these provisions.
7-4.2 Siting Requirements
4-8.3. Regulations Governing The Location And Spatial Separation Of Adult
Entertainment Establishments:
4-8.3. Regulations Governing The Location And Spatial
Adult entertainment establishments,
Separation Of 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.Adult Entertainment Establishments may be established within any commercial or
industrial zoning district, but shall not be located within 1,200 feet of any residential or
institutional district, or a public or private (parochial) primary or secondary school (K-12)
property approved by the Iowa State Board of Public Instruction.
B.No Adult Entertainment Establishment shall be located within 2,500 feet of any other
Adult Entertainment Establishment.
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Section II – Land Use Regulations Article 8 – Zoning Board of Adjustment
Article 8: Zoning Board of Adjustment Applications and Procedures
8-1 Zoning Board of Adjustment
The Zoning Board of Adjustment is hereby established pursuant to chapter 414 of the Code
A.
of Iowa, 1975 The word "board" as used in this Ordinance shall mean the Zoning Board
of Adjustment.
A.Membership of the Board: The Board shall consist of five members appointed by the
B.
City Council.
B.Term of Office: Members of the Board shall be appointed for a term of five years,
C.
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.
C.Removal: Board members may be removed for cause by the City Council upon
D.
written charges and after a public hearing.
D.Vacancies: Vacancies on the Board shall be filled for the unexpired term of any
E.
member whose term becomes vacant.
E.Appointment to Airport Zoning Board of Adjustment: Two members of the Board
F.
shall be appointed by the City Council to serve on the Airport Zoning Board of
Adjustment. A member shall serve out the term on the Airport Zoning Board of
Adjustment even if the member's term on the Zoning Board of Adjustment has expired.
8-2 General Board Procedures
G.
A.Meetings: Meetings of the Board shall be held at the call of the chairperson and at such
other times as the Board may determine. Such chairperson, or in the chairperson's
absence, the acting chairperson, 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, ofor if
absent or failing to vote, indicating such fact, and shall keep records of its examinations
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
procedurenot inconsistent with the provisions of this Code.
B.Vote of the Board. The concurring vote of three members of the Board shall be necessary
to reverse any order, requirement, decision or determination of any administrative
official, or to decide in favor of the applicant on any matter upon which it is required to
pass under this Code, or to effect any variation in such Code, or to adopt, repeal, or
amend any rule of procedure adopted pursuant to this section.
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8-3 General Powers
C.
The Board shall have the following powers:
A.Appeals from the Administrative Official. To hear and decide appeals where it is alleged
there is error in any order, requirement, decision, or determination made by an
administrative official in the enforcement of any ordinance adopted pursuant to Iowa
Code chapter 414, as such may be amended from time to time.
B.Conditional Uses. To hear and decide applications for conditional use permits upon
which such Board is required to pass under Section 2 of this Code.
C.Variances. To authorize upon appeal in specific cases such variance from the bulk
regulation provisions of Section 2 of this Code,including parking and sign requirements
ofSection 3 of this Code as will not be contrary to the public interest, where owing to
special conditions a literal enforcement of these provisionsof the Code will result in
unnecessary hardship, and so that the spirit of these provisions Code shall be observed
and substantial justice done.
D.Special Exceptions. To hear and decide applications for special exceptions to the terms of
this Code, in accordance with the general regulations of the zone in which the property is
located and specific standards contained herein.
8-4 Appeal from Administrative Official
E.
8-4.1 Authorization
Appeals may be made by any person aggrieved or any Municipal officer, department, board
or bureau affected by any order, requirement, decision, or determination made by an
administrative official in the enforcement of this Code.
8-4.2 Appeal Procedure
Appeals may only be filed within 30 days immediately following the date of the
administrative action which is the subject to the appeal. An appeal is filed by delivering 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 OrdinanceCode, together with the required fee
payment specified under Section 7 of this Ordinance. Official notice of appeal forms shall be
available without cost from the City Planner. 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 action appealed from was taken.
8-4.3 Effect of Appeal
An appeal stays all proceedings in accordance with Iowa Code chapter 414.11.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 such officer that by
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reason of facts stated in the certificate a stay would in such officer's 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 courtof record
on application on notice to the officer from whom the appeal is taken and on due cause
shown.
8-4.4 Board Decision on Appeal
In exercising its powers of appeal, the Board may, in conformity with the provisions of this
OrdinanceCode, reverse 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.
8-5 Conditional Use Permit Procedure
8-5.1 Generally
The Zoning Board of Adjustment may allow as conditional uses only those uses classified as
conditional uses in this Code. No conditional use shall be allowed in a particular district
unless such use is specifically permitted as a conditional use in the regulations for that
Article 4
district, except as provided in , and the Board shall not act upon any conditional use
permit application unless and until the requirements for each conditional use within the
specific district in which it is located have been met.
8-5.2 Application
A.Any person may file an application to use property for one of the conditional uses
permitted in the district 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
availablewithout cost from the Planning Services officeDepartment of development
services. A sample copy of the application form is contained in the Appendix. The
applicant shall be required to supply all pertinent items of information contained to the
review of such application.
B.Review of the application for a conditional use permit may be obtained by delivering two
oneoriginal and one copyiesofthe completed application form and information to the
City PlannerPlanning Services Department together with payment of the required fee.as
Section
specified in Upon receipt of the completed formsand the required fee, the City
Plannershall forthwith transmit one copy of the formto the Zoning Board of Adjustment,
retaining the original form as part of the City Planner's permanent records.
C.Prior to its review, tThe Board may require the applicant for a conditional use permit
B.
to supply any further information beyond that contained in the applicationform where it
reasonably considers such information necessary to make the determinations required by
Section 8-5.3
.
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8-5.3 Notice and hearingMeeting Requirements.
Following receipt of the completed application form and any additional information required
by the board, the matter shall be set for public hearing for the next scheduled meeting, if
adequate notification time is available. The board the Board shall, with due diligence, hold a
publichearingmeeting to consider the application for a conditional use permit. 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) days prior to such hearing.
B
Theoard shall direct and require verification that the applicant, or their agent, has sent
meeting has been sent
notice of the time and place of the hearingby first class mail to all
owners of property within two hundred (200) feet of the property at which the conditional
use permit 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.
8-5.4 Standards for Granting a Conditional Use Permit
No conditional use permit shall be granted unless the Board determines on the basis of
specific information presented at the public hearingmeeting or contained in the application
for such use that each of the following conditions has been satisfied:
A.The proposed conditional use will comply with all applicable regulations of this Code,
including lot requirements, bulk regulations, use limitations, and all other standards or
conditions contained in the provisions authorizing such use.
B.Adequate utility, drainage and other necessary facilities or improvements have been or
will be provided.
C.Adequate access roads or entrances 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.
D.The use shall not commence until applicant has provided written evidence that Aall
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.
E.All exterior lighting fixtures are shaded wherever necessary to avoid casting direct light
upon any property located in a residential district.
F.The location and size of the conditional use, the nature and intensity of the activities to be
involved 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 development of the
district and neighborhood in which it is located.
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G.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 reasonably hinder or discourage the appropriate development, use and enjoyment
of the adjacent land, buildings and structures.
H.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.
Additional standards for granting a conditional use permit for a change in nonconforming
I.
uses: Where an applicant seeks a conditional use permit for the purpose of changing from
one (1) nonconforming use to another nonconforming use, as provided in section 4-6.3 of
this Code, no conditional use permitfor such change shall be granted unless and until the
Board further determines, in addition to the findings required by this section, that the
proposed nonconforming use is more appropriate to the purpose and character of the zone
in which it is located than the existing nonconforming use. The granting of any
conditional use permit under this subsection shall not be deemed to otherwise authorize
in the district involved any use not specifically listed as a permitted or conditional use for
the district and the new nonconforming use allowed by the permit shall be subject to all
provisions of section 4-6 of this Code to the same degree and extent as the prior
nonconforming use.
The Board may solicit the opinion or advice of the planning and zoning commission, its
J.
staff, or any other public agency or employees 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 decisionto
grant, conditionally grant, or deny the conditional use permit unless such advice is
presented to the Board in writing, is read or otherwise publicly presented at the public
hearing, and is specifically identified as a determining consideration in the Board's final
written decision.
8-5.5 Conditions and Restrictions on a Conditional Use Permit
A.Imposition of Conditions and Restrictions: In granting a conditional use permit, the
Board may impose any conditions or restrictions it reasonably considers necessary to
Section 8-5.4
ensure full compliance with the standards of , to reduce or eliminate any
detrimental effect of the proposed conditional use permit upon the neighborhood or the
district, or to carry out the general purposes and intent of this Code.
B.Modification of Conditions and Restrictions: Any subsequent change or modification of a
condition or restriction imposed by the Zoning 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 a conditional use permit.
C.Violation of Conditions and Restrictions: A violation of such conditions and restrictions,
when made a part of the terms under which the conditional use permit is granted, shall be
deemed a violation of this Code.
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8-5.6 Decision and Records
The Board shall render a written decision on an application for a conditional use permit
within 60 days after the close of the public hearing meeting. The decision of the Board shall
contain specific findings of fact supporting the granting or denial of the conditional use
Section
permit and shall clearly set forth any conditions or restrictions imposed pursuant to
8-5.5
. The Board shall maintain completethe records of all actions with respect to
applications for conditional use permits and shall notify the City Council of theirBoard's
decisions on each application.
8-5.7 Period of Validity, Expiration
A.No conditional use permit granted by the Board shall be valid for a period longer than
two years from the date on which the Board grants the permit, unless within such two
year period:
B.A building permit is obtained and the erection or alteration of a structure is started, or
C.An occupancy permit is obtained, if required, and the use is commenced.
D.The Board may grant a maximum of one extension not exceeding six months, upon
written application, without notice of hearing.
8-5.89 Parking Regulations
Minimum parking requirements, where applicable, for conditional use permit uses shall be
Article 14
regulated in conformance with the provisions of unless otherwise regulated
provided by the Zoning Board of Adjustment. in the approval of the permit.
8-5.910 Sign Regulations
Signs for conditional use permit uses shall be regulated in conformance with the provisions
Article 15
of unless otherwise regulated provided by the Zoning Board of Adjustment. in its
approval of the permit.
8-5.102List of Conditional Uses;
1.Accessory Dwelling Unit
One accessory dwelling unit may be allowed on a lot in the R-1 district in accordance with
the following conditions
A.Shall be located on the same zoning lot as the principal dwelling, which shall be owner-
occupied;
B.Shall be incidental and subordinate to the principal dwelling as an accessory use;
C.Shall not exceed 50% of the building footprint of the principal dwelling or 600 total gross
squarefootage feet, whichever is less;
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D.Shall be in compliance with all applicable City housing, fire and building codes for use as
a complete, independent living facility with provisions for a separate entrance, cooking,
eating, sanitation, and sleeping;
E.Shall comply with the bulk regulations for the R-1 district in which it is located; and
A.F. Shall provide one (1) off-street parking space.
2. Animal Hospital/Clinic
An animal hospital or clinic may be allowed in the C-2 and C-2A districts in accordance with
the following conditions:
A. All operations and activities shall be conducted and maintained within a completely
enclosed building.
3. Bar or Tavern
A.A bar/tavern may be allowed in the CR district in accordance with the conditions
established by the Zoning Board of Adjustment as part of the ordinance approving such
use.
B.A bar/tavern may be allowed in the OC district in accordance with the following
conditions:
1.A maximum area of 2,200 square feet in gross floor area shall not be exceeded;
2.Any outdoor seating shall be accessory to the indoor operation;
3.Opaque screening shall be provided for adjacent first floor residential uses in
Article
conformance with the site plan review provisionslandscaping requirements of
13
.
4. Bed and Breakfast Home
A bed and breakfast home may be allowed in the R-1, R-2, R-2A, R-3, R-4, OR or OCand
RRODdistricts in accordance with the following conditions:
A.The structure is either regulated by the historic preservation ordinance Article 10 or is
listed on the national register of historic places;
B.When located within the R-1, R-2, R-2A, or RRODdistricts, the use shall be maintained
within an owner-occupied, single-family dwelling. When located within the R-3, R-4, OR
or OC district, the use shall be maintained by a full-time resident owner or resident
manager.
C.The structure has a minimum total floor area of 4,500 square feet, with not more than one
sleeping room for each 750 square feet of floor area;
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D.There shall be a maximum of three sleeping rooms in the R-1, R-2A, and RROD districts,
five sleeping rooms in the R-2 district, nine sleeping rooms in the R-3, R-4, OR or OC
district;
E.Signage shall be limited to one wall mounted sign not to exceed six square feet in area,
not internally illuminated, and with direct lighting only with a sharp cutoff luminancecut-
off type luminaire;
F.Thepermit propertyshall not license the property be used for rental as a private club,
museum, or tour home; and
G.Parking shall be provided at a rate of one space per guest room. The parking shall be
provided on site or on a street frontage of the property, and should not intensify parking
problems in the neighborhood.
5. Bed and Breakfast Inn
A bed and breakfast inn may be allowed in the R-4, OR, and OC districts in accordance with
the following conditions:
A.The structure is either regulated by the Historic preservation ordinance Article 10 or is
listed on the National Register of Historic Places;
B.The property has a full-time resident owner or resident manager;
C.The structure has a minimum total floor area of 4,500 square feet, with not more than one
sleeping room for each 750 square feet of floor area, with a maximum of nine sleeping
rooms;
D.Signage shall notbe limited to one wall mounted, projecting sign with not more than a 40
inch projection, or freestanding sign, per street frontage, not internally illuminated, and
with direct lighting only with a sharp cut off luminancecut-off type luminaire. Signage in
the R-4 district shall not exceed six square feet in area; in the OR and OC districts shall
not exceed eight square feet in area;
E.Thepermit propertyshall not license the propertybe used for rental as a private club,
museum, or tour home unless approved by the Board; and
F.Parking shall be provided at a rate of one space per guest room. The parking shall be
provided on-site or on a street frontage of the property, and should not intensify parking
problems in the neighborhood.
6. Carwash
A carwash may be allowed in the C-4 district in accordance with the conditions established
by the Zoning Board of Adjustment.as part of the ordinance approving such use..
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7. Carwash, Self-Service
A self-service carwash may be allowed in the C-2 district in accordance with the following
conditions:
A.A minimum of three stacking spaces per bay shall be provided;
B.Ingress and egress traffic flow shall be acceptable to the City site plan review team; and
C.Opaque screening shall be provided for adjacent residential uses in conformance with the
Article 13
site plan review provisionslandscaping requirements of .
8. Drive-up Automated Bank Teller
A drive-up automated bank teller may be allowed in the CRand C-4 district in accordance
with the conditions established by the Zoning Board of Adjustment.as part of the ordinance
approving such use.
9. Gas Station
A.A gas station may be allowed in the CR district in accordance with the conditions
established by the Zoning Board of Adjustment.as part of the ordinance approving such
use.
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.
10. Grain or Barge Terminal
A grain/barge terminal may be allowed in the MHI district in accordance with the following
conditions:
Article 12
A.A site plan shall be submitted and approved as provided in .
11. Group Home
A group home may be allowed in the R-3, R-4, OR districts in accordance with the following
conditions:
A.Not less than 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 permittedexcept for
nameplates.
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12.Hospice
A hospice may be allowed in the R-2, R-2A, R-3, and R-4 O-Rdistricts in accordance with
the following conditions:
A.Signs shall not be permitted.
13.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 districts in accordance with the following conditions:
A.The number of units shall be established by the Zoning Board of Adjustment.
14. Individual Zero Lot Line Dwelling
A single-family dwelling may be allowed to be built on a lot with a zero setback in theR-2A
R-3, districts in accordance with the following conditions:
A.The adjoining property owner, on the zero lot line side, agreesconsents to the property
line location and to providingprovides written evidence of a minimum five foot
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 shall be maintained between homes and other structures.
15. Indoor Restaurant
An indoor restaurant may be allowed in the C-1 district in accordance with the conditions
established by the Zoning Board of Adjustmentas part of the ordinance approving such use.
16. Keeping of Hens
The keeping of hens shall be allowed in the R-1 and R-2 Districts in accordance with the
following conditions:
A.A maximum of four (4) chickens and/or ducks (hens only) shall be allowed for egg
production only.
B.Chickens and/or ducks (hens only) shall be within an enclosure with a chicken coop,
both of which shall be located in a rear yard.
C.The chicken and/or duck coop and enclosure shall be at least ten (10) feet from any
lot line and at least fifty (50) feet from any dwelling.
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17. 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 acres of property is available for the first animalhorse or pony;
C.A minimum of one and one-half acres of additional property is available for an additional
animalhorse or pony, up to a maximum of two animalshorses or ponies; and
D.A shelter of at least 150 square feet and enclosed on at least three sides shall be provided
on the property.
18. Kennel
A kennel may be allowed in the AG district in accordance with the conditions established by
the Zoning Board of Adjustmentas part of the ordinance approving such use.
19. Adult Day Services
An adult day services facility may be allowed in the R-1, R-2, R-2A, R-3, R-4, C-2, C-2A, C-
3, C-4, and C-5, 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.State Certification has been granted or applied for and are awaiting the outcome of the
state’s decision; and
C.Signage shall be limited to one non-illuminated, wall mounted sign not to exceed four
square feet in area.
20. 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-
2, C-2A, C-3, C-4, C-5, CS, CR, LI, HI, MHI, and RROD districts in accordance with the
following conditions:
40 square feet of indoor floor area (excluding halls and bathrooms) is provided per child in
A.
areas occupied by cribs, 35 square feet of indoor area (excluding halls and bathrooms) is
provided per child in areas not occupied by cribs times the licensed capacity; and 75
square feet of fenced outdoor recreation space is provided per child using the space at a
given time;
A.Such facility shall supply loading and unloading of children spaces so as not to
B.
obstruct public streets or create traffic or safety hazards;
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B.All licenses have been issued or have been applied for and are awaiting the outcome
C.
of the board's state’sdecision; and
C.When located within the R-1, R-2, R-2A, R-3, R-4, or RROD districts or in a single-
D.
family dwelling located within the C-2, C-2A, C-3, C-4, C-5 districts, signage shall be
limited to one non-illuminated, wall mounted sign not to exceed four square feet in area.
D.When located within theC-2, C-3, C-4, C-5, LI, HI, or MHI district:
E.
E.Such use shall not be located within the same structure as any gas station, bar/tavern,
F.
automated gas station or any facility selling, servicing, repairing, or renting vehicles.
F.The conditional use applicant certifies that the premises on which the group daycare
G.
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,
including, but not limited to, Iowa Code chapter 455B (1991); 42 USC section 9601 of
the federal comprehensive environmental response compensation, and liability act; 40
CFR section 302.4; and section 302 of the superfund amendments and reauthorization act
of 1986.
G.If the applicant is subject to the requirements of Section 302 of the Superfund
H.
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 substances, and the physical and health hazards presented by such substances.
H.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).
I.Applicant shall submit plans for approval by the City that indicate the installation of a
main emergency shut-off switch for the heating, ventilation, and air conditioning
(HVAC) system to minimize the infiltration risk of airborne hazardous materials.
21. Medical Office
A medical office may be allowed in the C-1 and C-2 district in accordance with thefollowing
conditions: conditions established by the Zoning Board of Adjustment.as part of the
ordinance approving such use.
Maximum of two health practitioners;
A.
Maximum of 2,500 square feet of floor area; and
B.
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Bulk regulations can be met.
C.
22. Mortuary,orFuneral Home or Crematorium
A mortuary,orfuneral home or crematorium may be allowed in the R-1, R-2, and R-3, R-4
districts in accordance with the conditions established by the Zoning Board of Adjustment.as
part of the ordinance approving such use.
A minimum lot size of 20,000square feet shall be provided;
A.
A minimum lot frontage of 100 feet shall be maintained;
B.
40 percent maximum lot coverage shall not be exceeded; and
C.
A site plan shall be provided showing the proposed layout of the buildings, parking area,
D.
drive aisles, and required screening and landscaping according to the site plan provisions of
Section4
;
23. Multiple-Family Dwelling 13 or more Units
A multiple-family dwelling with 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.
24. Nursing or Convalescent Home
A group home may be allowed in the R-3 and R-4 districts in accordance with the following
conditions:
The minimum lot size for such use shall be 40,000 square feet
A.
A.The number of units shall be established by the Zoning Board of Adjustment.
B.
A minimum lot frontage of 100 feet shall be maintained
B.
25. Off-Premises Residential Garage
An off-premises residential garage may be allowed in the R-2A, R-3, R-4, 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 300 feet of the residential use it serves;
B.Such use shall be owned and maintained by the property ownerwithin 300 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;
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D.No such use shall exceed 720 square feet of floor area per dwelling unit served,andor
have a height in excess of 15 feet;
E.No commercial storage, sales or home occupationHome-based businesss shall be
permitted within such structure;
F.No outside storage shall be permitted in conjunction with such use; and
Article 12
G.A site plan shall be submitted and approved as providedfor in of this Code.
26. Off-Street Parking
The off-street parking of operable automobiles may be allowed in the R-1, R-2, R-2A, R-3,
R-4, C-4, OR, OS, and OC districts in accordance with the following conditions:
A.The off-street parking shall only serve aan abutting permitted or conditional use in an
abutting office, commercial (except C-1district), institutional district or adjacent to
churches or schools onlyon a lot located in any district except C-1. Off-street parking,
when located in the C-4 district, shall only serve an abutting permitted or conditional use
on a lot located within the C-4 district;
B.No structure other than a screening or security fence or wall shall be erected on the
premises;
C.Signage shall be limited to one freestanding sign of no more than six square feet in size
per drive opening, identifying the parking use, providing directions or marking entrances
and exits thereto;
Article 12
D.A site plan shall be submitted and approved as provided in ;
E.Such use shall be compatible in design, construction and maintenance with the designed,
constructed, and maintained in harmony with the residential setting in which it is located;
and
F.No outside storage shall be permitted in conjunction with such use.
E.
G.Within the OC district, the off-street parking shall only serve an abutting permitted or
F.
conditional use on a lot located in the OC district. Signs within the OC District may be no
more than eight square feet in size.
27. Outdoor Recreation or Amusement Center
An outdoor recreation facility or outdoor amusement center may be allowed in the C-3
district in accordance with the following conditions:
A.The hours of operation shall be limited, 8:00 a.m. to 12:00 midnight, unless further
limited by the Zoning Board of Adjustment.
28. Passenger Transfer Facility
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A passenger transfer facilities may be allowed in the C-3, C-4, and C-5 districts in
accordance with the following conditions:
A.Such facility shall provide for the loading and unloading of passengers so as not to
obstruct public streets or alleys or create traffic or safety hazards; and
B.That adequate indoor waiting area is provided.
29. Pet Daycare or Grooming
A pet daycare may be allowed in the C-2A district in accordance with the following
conditions:
A.All operations and activities shall be conducted within a completely enclosed building.
30. Photographic Studio
A photographic studio may be allowed in the ORdistricts in accordance with the conditions
established by the Zoning Board of Adjustment.as part of theordinance approving such use..
31. Private Club
A private club may be allowed in the OR, OS, OC districts in accordance with the conditions
established by the Zoning Board of Adjustment as part of the ordinance approving such use.
32. Recreation
Recreational uses may be allowed in the POS district in accordance with the following
conditions:
A.The use shall not be of a nature which would attract large numbers of participants
requiring the provisions of off-street parking; and
B.The use may provide permanent equipment or facilities.
33. Residential Use
A residential use may be allowed in the HI, MHI and LI districts in accordance with the
following conditions:
A.The building in which the residential use is to be located contains no existing industrial
use and will be prohibited from having an industrial use as long as the residential use is
active; and
B.A minimum of 650 square feet of area be provided for each unit.
34. Restaurant
A restaurant may be allowed in the OC district in accordance with the following conditions:
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A.Carry out items shall not be dispensed through any drive-through or walk-up window;
B.Any outdoor seating shall be accessory to the indoor operation; and
C.Opaque screening shall be provided for adjacent first floor residential uses in
Article 13
conformance with the site plan review provisionslandscaping requirements of .
35. Restaurant, Drive-in or Carryout
A.A drive-in/carry-out restaurant may be allowed in the CR district in accordance with the
conditions established by the Zoning Board of Adjustment.aspart of the ordinance
approving such use.
B.A drive-in/carry-out restaurant may be allowed in the C-2 and C-4 districts in accordance
with the following conditions:
1.Opaque screening shall be provided for adjacent residential uses in conformance with
Article 13
thesite plan review provisionslandscaping requirements of .
36. Retail Sale of Agricultural Products
The retail sale of agricultural products may be allowed in the AG district in accordance with
the conditions established by the Zoning Board of Adjustment. as part of the ordinance
approving such use.
37. Retail Sales and Service
A retail sales and service use may be allowed in the HI district in accordance with the
following conditions:
A.Retail sales and service activities shall not be permitted in an area where parking and
pedestrian traffic is likely to conflict with on site or adjacent industrial users; and
B.If located within an actively used industrial building, the retail use is fully separated from
any industrial uses.
38. Rooming or Boarding House
A rooming/boarding house may be allowed in the R-3, R-4, OR districts in accordance with
the following conditions:
There are a maximum of 10 roomers
A.
A.Theowner or manager of said use shall maintain a permanent residence on sitehouse
B.
provides an on-site resident manager: and
Section ???
C.B.Thenumber of units shall be determined in accordance with .by the
Zoning Board of Adjustment.
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39. Tour Home
A tour home may be allowed in the R-1, R-2, R-2A, R-3, R-4, OR, and OC districts in
accordance with the following conditions:
A.The structure is either regulated by Article 10 or listed in the National Register of
Historic Places; and
B.Signage shall be limited to one wall-mounted sign, not to exceed six (6) square feet in
area, not internally illuminated, and with direct lighting only with a cut-off type luminare.
40. Tourist Home
A tourist home may be allowed in the R-1, R-2, R-2A, R-3, R-4, and OR districts in
accordance with the following conditions:
A.Signs shall not be permitted, and
B.Maximum occupancy of two persons per bedroom.
41. Vehicle Repair or 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. as part of the ordinance
approving such use.
42. Vehicle Sales or Rental
A vehicle sales or repair facility may be allowed in the C-4 district in accordance with the
conditions established by the Zoning Board of Adjustment. as part of the ordinance
approving such use.
43. 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.as part of the ordinance
approving such use.
44. Residential Wind Energy Conversion System
A residential wind energy conversion system may be allowed in a residential or office district
in accordance with the requirements established in Section 7-3.
45. Small Wind Energy Conversion System
A small wind energy conversion system may be allowed in a commercial, industrial,
agricultural or institutional district in accordance with the requirements established in Section
7-3.
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46. Winery
A winery may be allowed in the AG district in accordance with the conditions established by
the Zoning Board of Adjustment.
8-6 Variance Procedure
8-6.1 Application
Any person owning property may apply for a variance from the literal enforcement of
A.
the bulk regulation provisions including parking and sign requirements of this Code
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
City PlannerPlanning Services Department.A sample copy of the applicationform is
on file in the offices of the City.The applicant shall be required to supply allpertinent
items of information contained on the official application form, as a condition to
review of such application.
Review of the application for a variance may be obtained by delivering a copy of the
B.
completed application form to the City PlannerPlanning Services Department
Section7
together with payment of the required fee as specified in .Upon receipt of
the completed forms and the required fee, the City Plannershall forthwith transmit a
copy of the completed form to the Board, retaining the original form as part of the
City Planner's permanent records.
Prior to its review, the Board may require the applicant for a variance to supply any
C.
further information beyond that contained in the application form where it reasonably
considers such information necessary to make the determination.
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) days prior to such hearing. The Board shall direct and require verification that
the applicant, or their agent has sent notice of the time and place of the meeting has been
delivered sentby first class mail to all owners of property within 200 feet 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.
8-6.3 Requirements for the Granting of a Variance
A.The Board shall grant a variance only under exceptional circumstances 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:
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1.The particular property, because of size, shape, topography or other physical
conditions, suffers singular disadvantagethrough the application of this Code, 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 deniedby this Code 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 this Codethe provision waived.
B.In passing a variance, the Board shall not consider prospective financial loss or gain to
the applicant.
C.A variance shall not be allowed within the RHOD Restricted Height Overlay district.
8-6.4 Conditions and Restrictions Attached to the Granting of a Variance
In granting a variance, the Board may impose any conditions or restrictions it reasonably
considers necessary to ensure full compliance with the intent and regulations of the provision
waivedstandards of subsection 5-3.5(C) of this Code, to reduce or eliminate any detrimental
effect of the proposed variance upon the neighborhood or the public welfare, or to carry out
the general purposes and intent of this Codethe provision waived. 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 Code.
8-6.5 Decisions and Records
The Board shall render a written decision on an application for a variance within 60 days
after the close of the publicmeeting. 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 imposedpursuant to subsection 5-3.5(D) of this Code. The Board
shall maintain complete records of all action with respect to applications for a variance.
8-7 Special Exceptions
8-7.1 Application
Any person owning property used solely for residential purposes may apply for a special
exception from the literal enforcement of the bulk regulation requirementsof this Code for
the property or structure involved. All applications for a special exception shall be made on
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the official form for such applications which shall be available without cost from the City
PlannerPlanning Services Department. The applicant shall be required to supply all pertinent
items of information contained on the official application form as a condition to review of
such application. Review of the application for a special exception may be obtained by
deliveringa copy of the completed application form to the City PlannerPlanning Services
Department together with payment of the required feeas specified in section 7 of this Code.
Upon receipt of the completed forms and the required fee, the City PlannerPlanning Services
Department shall forthwith transmit a copy of the completed form to the Board, retaining the
original form as part of the City Planner's Planning Services Department’s permanent
records. Prior to its review, the Board may require the applicant for a special exception to
supply any further information beyond that contained in the application form where it
reasonably considers such information necessary to make the determination.
8-7.2 Notice and Meeting Requirements
Following receipt of a completed application the Board shall, with due diligence, consider
such application at a public meeting. The Board shall direct and require verification that the
applicant, or their agent has sent notice of the time and place of the meeting by first class
mail to all owners of property abutting the property for which the special exception is sought,
including property directly across the street. 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.
8-7.3 Requirements for the Granting of a Special Exception
The Board shall grant a special exception when the applicant has shown that the following
standards have been met or are not applicable:
A.That the specific proposed exception will not be detrimental to or endanger public health,
safety, comfort or general welfare.
B.That the specific proposed exception will not be injurious to the use and enjoyment of
other property in the immediate vicinity for the purposes already permitted, and will not
substantially diminish and impair property values within the neighborhood.
C.That establishment of the specific proposed exception will not impede the normal and
orderly development and improvement of the surrounding property for uses permitted in
the zone in which such property is located.
D.That adequate utilities, access roads, drainage and other necessary facilities are being
provided.
E.That, except for the specific exception being proposed, any structure shall in all other
respects conform to the applicable regulations or standards of the zone in which it is to be
located.
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8-7.4 Conditions and Restrictions Attached to the Granting of a Special
Exception
In granting a special exception, the Board may impose any conditions or restrictions it
reasonably considers necessary to ensure full compliance with the standards of this Codeof
subsection 5-3.7(C) of this ordinance, to reduce or eliminate any detrimental effect of the
proposed special exception on the neighborhood or the public welfare, or to carry out the
general purpose and intent of this Code. Violation of such conditions and restrictions, when
made a part of the terms under which a special exception is granted, shall be deemed a
violation of this Code.
8-7.5 Decisions and Records
The Board shall render a written decision on an application for a special exception within 60
daysafter the close of the public meeting. The decision of the Board shall contain specific
findings of fact supporting the granting or denial of the special exception and shall clearly set
forth any conditions or restrictions imposed pursuant to subsection 5-3.7(D) of this
ordinancethis Code. The Board shall maintain complete records of all action with respect to
applications for a special exception.
8-8 Appeal from Board Decision
Appeals from action or decision of the Boardof adjustment shall be made in the manner
provided by Chapter 414 of the Code of Iowa, 1975, or any other applicable provisions of
Iowastate law.
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Section II – Land Use Regulations Article 9 – Zoning Advisory Commission
Article 9: Zoning Advisory Commission Applications and Procedures
9-1 Zoning Advisory Commission
A.There is hereby created a CityZoning Advisory Commission, Membership of the
Commission: The Commissionwhich shall consist of seven residents of the City,
appointed by the City Council, who shall be qualified by knowledge, experience and
ability to act in matters pertaining to short-range planning and zoning, none of whom
shall hold an elective position in the City.
B.Application and Appointment Process: The appointment process to the Commission by
the City Council shall include at least the following:
1.An application form requesting basic information on the education, training,
experience, expectations and other qualifications of the applicant;
2.Notice to and an opportunity for the general public to comment in writing on the
qualifications of each applicant; and
3.A formal interview by the City Council to determine the applicant's qualifications and
ability to effectively serve on the Commission.
C.Term of Office: The term of office for members of the Zoning Advisory Commission
shall be three years or until a successor is duly appointed. Two of the initial terms shall
be for a term of one year; two of the initial terms for two years; and three of the initial
terms for three years.
D.Removal: A Commission member may be removed at any time with or without cause by
a vote of two-thirds of all members of the City Council.
E.Vacancies: A vacancy occurring on the Commission caused by resignation or otherwise,
shall be filled by appointment by the City Council for the remainder of the unexpired
term.
F.Compensation: All members of the Commission shall serve without compensation except
for actual expenses, which shall be subject to approval by the Council.
G.Appointment to the Airport Zoning Commission: Two members of the Commission
F.
shall be appointed by the City Council to serve on the Airport Zoning Commission. A
member shall serve out the term on the Airport Zoning Commission even if the member's
term on the Zoning Commission has expired.
9-2 General Powers
G.
A.The Zoning Advisory Commission shall concern itself with short-range physical planning
and shall have and possess the following powers, duties and responsibilities:
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1.To prepare and recommend a Zoning Ordinance by exercising the powers conferred
by state law. Such Zoning Ordinance shall include the boundaries of the various
zoning districts; the height, number of stories and size of buildings and other
structures in each district; the percentage of ground that may be occupied; setback
requirements; the size of yards, courts and other open space; the density of
population; the location and use of buildings, structures, and land for trade, industry,
commercial, residential or other purposes; and such regulations and restrictions
necessary to enforce such zoning provisions. To this end the Zoning Advisory
Commission shall prepare a preliminary Zoning Ordinance and hold public hearings
thereon and after such hearings have been held, shall submit a final Zoning Ordinance
and its recommendations to the City Council;
2.To recommend to the City Council, from time to time, as conditions require,
amendments, supplements, changes or modifications to the Zoning Ordinance but
only after a public hearing;
3.To make such surveys, studies, maps, plans or plats of the whole or any portion of the
City and of any land outside thereof, which in the opinion of the Zoning Advisory
Commission are consistent with the Comprehensive Plan and are necessary to carry
out the purposes of the Commission;
4.To make recommendations to the City Council upon plans, plats or replats of
subdivisions or resubdivisions within the City which show streets, alleys or other
portions of the same intended to be dedicated for public use;
5.To make recommendations to the Long-Range Planning Advisory Commission on the
preparation and maintenance of the Comprehensive Plan;
6.To fulfill those duties and responsibilities assigned to a City Planning Commission in
state law; and
7.To undertake from time to time other specific short-range planning projects which
may be referred to it by the City Council.
B.The City Council shall have the authority to establish or revise the priorities of the
Commission.
9-3 Organization, Meetings
C.
A.The Zoning Advisory Commission shall choose annually, at its first regular meeting of
the fiscal year, one of its members to act as chairperson, and another of its members to
act as vice-chairperson, to perform all of the duties of the chairperson during the
chairperson's absence or disability. The Commission shall adopt such rules and
regulations governing its operation and procedure as may be deemed necessary.
B.The Zoning Advisory Commission shall hold a regular meeting at least monthlyMeetings
of the Zoning Advisory Commission shall be held the first Wednesday of the month or at
the call of the chairperson and at such other times as the Commission may determine.
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C.Members of the Zoning Advisory Commission shall attend at least two-thirds of all
regularly scheduled meetings within any 12 month period. If any member fails to attend
such prescribed number of meetings, such failure shall constitute grounds for the
Commission to recommend to the City Council that said member be replaced. Attendance
of all members shall be entered on the minutes.
D.All meetings shall be held in conformance with the provisions of the Iowa Open
Meetings Law.
E.The Zoning Advisory Commission shall file with the City Clerk a copy of the minutes of
each regular and special meeting of the Commission within 10 working days after each
such meeting.
9-4 Procedures of Operation
F.
All administrative, personnel, accounting, budgetary and procurement policies of the City
shall govern the Zoning Advisory Commission in all its operations, except as herein
provided.
9-5 Zoning Reclassification
A.The City Council finds that the reclassification of property is a sensitive and important
legislative function which, in the interest of maintaining uniform zoning policies and the
integrity of the Comprehensive Plan, should only be exercised sparingly and under proper
conditions. For this reason, and because the original zoning district boundaries under this
Code are presumed to be correct and appropriate, it shall hereafter be the policy of the
City 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.
B.The reclassification procedures outlined herein should not be confused with, or used in
place of, the Code amendment process or the variance process. Thus, the Council intends
that reclassification of property should not be entertained where: 1) an alleged hardship
peculiar to the property is claimed, which is more properly the subject of a variance
request, or 2) it is alleged that the Code provisions themselves as applied to similar
properties are unreasonable, which is more properly the subject of a text amendment
proposal. In all cases, the burden shall be upon the person(s) seeking reclassification to
demonstrate that the requested reclassification is more appropriate than the present
classification, in light of the characteristics of the property and the public welfare.
C.Furthermore, it is contemplated under this Code that the Long-Range Planning Advisory
Commission is, in the first instance, the body responsible for the formulation and
continuing review of the Comprehensive Plan, as expressed herein, and this Commission
shall be charged with the duty of periodically reviewing the policies and provisions of
this Code in light of its purposes and changing conditions, and proposing on its own
initiative such district reclassifications or Code amendments as may be deemed
appropriate to secure the public welfare.
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9-5.1 Application Requirements
A.Any person may request a reclassification of property to another district, regardless of
such person's interest in the property, by submitting a completed zoning reclassification
Section ???
application together with the requiredfeeas specified in , to the Planning
ServicesDivision Department.The Zoning Advisory Commission shall consider the
request with diligence. On finding the request to be inappropriate, the Commission may
forthwith return a recommendation for denial to the City Council.
B.The applicant may submit a written request to withdraw the reclassification application at
any time prior to final action by the City Council. The Commission may not recommend
approval of any reclassification request which is found to be substantial in nature, as
Section 9-5.2
defined in , without first conducting a public hearing on such
reclassification.
C.Where a reclassification request is not deemed substantial in nature, the Commission
shall not hold a public hearing thereon. The Commission shall hold a public hearing on
any request when so directed by the City Council.
9-5.2Substantial/Nonsubstantial Requests
For purposes of this Code, the following shall be considered substantial reclassification
requests:
Any request which would result in the expansion in area of an existing zoning district
A.
by more than 20 percent; or
Any request which would result in the creation of a new district; or
B.
Any request involving the reclassification of more than two acres of property; or
C.
Any request for a planned district designation.
D.
9-5.2 Zoning Advisory Commission Action
A.The zoning Advisory Commission shall consider a reclassification request at a public
hearing.Following the public hearing, or if no hearing is held, then at any time following
receipt of the reclassification request, the Zoning Advisory Commission may shallact to
recommend approval or denial of the request or table the request..
B.The affirmative vote of at least four Commission members shall be required to constitute
a recommendation of approval of a substantial zoning reclassification request, and any
lesser number of affirmative votes shall constitute a recommendation of denial of the
request. The recommendation of the Commission shall forthwith be transmitted to the
City Clerk.
C.Afailure of the Commission to consider a zoning reclassification request within 60 days
following the first Commission meeting at which the request is received, unless the
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applicantrequestsand obtains an extension of this limitation, shall constitute a
recommendation of approval.
D.Anyrecommendation of the Commission shall forthwith be transmitted to the City Clerk.
9-5.3 City Council Action
A.Following receipt of any recommendation of the Commission, or on finding the
Commission has not considered the request within the 60 day limitation, the City Clerk
shall cause a notice to be published of the date, time and place for the City Council to
hold a public hearing on the requested reclassification, which shall be the next regular
scheduled meeting of the City Council which is not less than 10 days after the
Commission's public hearing on the reclassification,at which time all interested parties
shall have an opportunity to be heard.At least seven days and not more than 20 days
notice of the time and place of such hearing shall be published in a newspaper of general
circulation in the City.
B.Following the public hearing, the Council shall act to adopt, table or reject the
reclassification request. In cases where the Commission has recommended disapproval of
the reclassification, the vote of at least three-fourths (3/4) of the Council shall be required
to enact the reclassification.
C.Furthermore, in case of a written protest against the reclassification request which is filed
with the City Clerk and signed by the owners of 20 percent or more of the area of the lots
included in the request, or by the owners of 20 percent or more of the property which is
located within 200 feet of the exterior boundaries of the property being considered for
reclassification, such request shall not be enacted except by the favorable vote of at least
three-fourths (3/4) of the Council. Property owned by the City or located in the public
right of way shall not be considered in the above calculation of 20 percent area of
property ownership.
9-5.5Moratorium B for Map Changes
In addition to the requirements of section 6-1.5 of this ordinance, the city council shall not
give final approval to any reclassification (rezoning) request for property in the Iowa 32
(southwest arterial) corridor that lies within the corporate limits of the City of Dubuque, as
delineated on the drawing attached to ordinance 33-03, from the effective date of this section
to May 1, 2004, except where a vested right to the issuance of such approval accrued to any
person, firm or corporation as a matter of law prior to the effective date of this section.
9-6 Text Amendment Procedure
9-6.1Text Amendment Procedure
Zoning reclassifications provide a procedural change for orderly growth and compatible land
usesfor a particular property, 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.
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A.Text amendments are intended for wholesale changes to the zoning regulations, as a
means for the City to respond to changing conditions Aand emerging trends in the
community. Text amendments are not property-specific.
B.9-6.2Commission ActionApplication Requirements
A.Any person may propose amendments to the provisions of this Code by delivering a
copy of the proposed amendment to the Planning Services Department.Division. Such
proposals shall be considered in regular session by the Zoning Advisory Commission, at
a public hearing.Notice of the time and place of all public hearings shall be published in
a newspaper of general circulation in the City at least seven days and not more than20
days prior to the date of the hearing. Following the public hearing, the Commission shall
act to approve or disapprove the proposed amendment.
1.The applicant may submit a written request to withdraw the text amendment
application at any time prior to final action by the City Council.
1.2.The affirmative vote of at least four Commission members shall be required to
constitutea recommendation of approval of the proposal, and any lesser number of
affirmative votes shall be considered a recommendation of denial of the amendment.
The Commission's recommendations shall be forthwith transmitted to the Council for
its action.
B.3. A failure by the Commission to act within 60 days following the first
Commission meeting at which the requestis received, unless the applicant requestsand
obtainsan extension of this 60 day limitation of the proposed amendment, shall constitute
a recommendation of approval.
9-6.3 Zoning Advisory Commission Action
C.
The Zoning Advisory Commission shall consider a text amendment request at a
public hearing. Following the public hearing, the Zoning Advisory Commission shall
act to recommend approval or denial of the request, or table the request.
9-6.4 City Council Action
A.Following receipt of the Zoning Advisory Commission's recommendation or expiration
of the 60 day limit for Zoning Advisory Commission action, the City 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 seven days and notmore than 20 days
notice of the time and place of such hearing shall be published in a newspaper of general
circulation in the City.
B.Following the public hearing, the Council shall adopt, table or reject the proposed
A.
amendment. In those cases where the Zoning Advisory Commission has recommended
disapproval of the amendment, the affirmative vote of at least three-fourths (3/4) of the
City Council shall be required to enact the amendment.
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C.a written protest against the reclassification request which is filedwith the City Clerk
B.
and signed by the owners of 20 percent or more of the area of the lots included in the
request, or by the owners of 20 percent or more of the property which is located within
200 feet of the exterior boundaries of the property being considered for reclassification,
such request shall not be approved except by the favorable vote of at least three-fourths
of the Council. Property owned by the City or located in the public right of way shall not
be considered in the above calculation(s) of20 percent area of property ownership.
9-7 Public Hearings
C.
At all public hearings required by this Code to be held by the Zoning Advisory Commission
or City Council, all interested persons shall have 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.
9-8 Notice of Zoning Advisory Commission Hearings
A.Notice of the time and place of all public hearings to be held by the Zoning Advisory
Commission shall be published in a newspaper of general circulation in the City at least
seven days and not more than 20 days prior to the date of the hearing.
B.A reasonable effort shall be made to notify by mail those property owners whose property
is being considered for reclassification and those owners of adjacent property and other
parcels within 200 feet therefrom, prior to the first public hearing in which the
reclassification request will be considered. Where the Commission has a public hearing
on a reclassification request, the Commission shall direct and require verification that the
applicant or their agent has taken responsible steps to give notice of the time, place, and
subject of the hearing by first class mail to all property owners within 200 feet of the
property for which reclassification is requested, and to the owner(s) of the property
included in such request. The Commission may require, at its discretion and at the
applicant's expense, notification of owners of property located more than 200 feet from
the subject property and of other parties with a direct interest in the reclassification
requested.Where no Commission hearing is held, the Council shall direct and require
verification that the applicant or their agent has taken responsible steps for mailingsuch
notice.
C.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 seven days and not more than 20
days prior to the public hearing announced therein.
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Article 10: Historic Preservation Commission Applications and Procedures
10-1 Purpose and Intent
The purpose of this chapter is to:
A. Promote the educational, cultural, economic and general welfare of the public through
the protection, enhancement and perpetuation of districts, individually designated historic
properties, landmarks, and landmark sites of prehistoric, historic, architectural,
archeological and cultural significance;
B. Safeguard the city's prehistoric, historic, aesthetic, architectural, archeological and
cultural heritage by preserving historic properties, districts, landmarks, and landmark
sites of historical, architectural and cultural significance;
C. Stabilize and improve property values;
D. Foster civic pride in the legacy of beauty and achievements of the past;
E. Protect and enhance the city's attractions to tourists and visitors and the support and
stimulus to business thereby provided;
F. Strengthen the economy of the city; and
G. Promote the use of properties, districts, landmarks, and landmark sites of prehistoric,
historic, architectural, archeological and cultural significance as sites for the education,
pleasure and welfare of the people of the city.
10-2 Definitions
For the purpose of this chapter, the following words and phrases shall have the meanings
ascribed to them below:
Alteration
: Any act or process which changes the exterior architectural appearance or
exterior feature of a structure, site or area, including, but not limited to, the erection,
construction, reconstruction, restoration, removal or demolition of any structure or part
thereof, excavation, or the addition of an improvement.
Archeological Significance
: A determination based on the following criteria:
1.The site is associated with events that have made a significant contribution to, and
are identified with, or that outstandingly represent, the broad cultural patterns of
U.S. history and from which an understanding and appreciation of those patterns
may be gained; or
2.The site is associated importantly with the lives of persons nationally significant
in U.S. history; or
3.The site represents some great idea or ideal of the American people; or
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4.The site embodies the distinguishing characteristics of an architectural type or
specimen exceptionally valuable for a study of a period, style or method of
construction, or that represents a significant, distinctive and exceptional entity
whose components may lack individual distinction; or
5.The site is composed of integral parts of the environment not sufficiently
significant by reason of historical association or artistic merit to warrant
individual recognition, but collectively compose an entity of exceptionally
historical or artistic significance, or outstandingly commemorate or illustrate a
way of life or culture; or
6.The site has yielded or may be likely to yield information of major scientific
importance by revealing new cultures, or by shedding light upon periods of
occupation over large areas of the U.S. Such sites are those which have yielded,
or which may reasonably be expected to yield data affecting theories, concepts
and ideas to a major degree.
Architectural Significance
: A determination based on the following criteria:
1.The structure(s) is (are) the work of, or associated with, a nationally or locally
noted architect, architectural firm, engineer, builder or craftsman; or
2.The structure(s) is (are) an example of a particular period of architecture or
architectural style in terms of detail, material, method of construction or
workmanship, with no or negligible irreversible alterations to the original
structure; or
3.The structure(s) is (are) one of the few remaining examples of a particular
architectural style; or
4.The structure(s) is (are) one of a contiguous group of structures which have a
sense of cohesiveness which is expressed through a similarity of characteristics, a
similarity of a style, a similarity of period, a similarity of method of construction
or which accent the architectural significance of the area.
Architectural Interest
: A determination that a building, structure, property, object, site or
area that has sufficient integrity of location, design, materials and workmanship to make it
worthy of preservation or restoration.
Building
: Any structure used or intended for supporting or sheltering any use or occupancy,
typically for any form of human activity. A building also may refer to an historically and
functionally related unit, such as a courthouse and jail or a house and barn. Examples of
buildings include: carriage house, church, garage, hotel, house, library, school, shed, store or
theater.
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Certificate Of Appropriateness
: A document issued by the historic preservation
Commission indicating its approval of plans for an alteration or activity which will:
1.Create a material change in appearance, or the removal or demolition, of a landmark,
landmark site or of a structure within an historic district; and
2.Require a regulated permit.
Certificate of Economic Non-viability
: A document issued by the historic preservation
Commission which acknowledges an exception as herein defined and which authorizes an
alteration or activity:
1.Which creates a material change in appearance, or the removal or demolition, of a
landmark, landmark site or of a structure within an historic district;
2.Which requires a regulated permit; and
3.For which a certificate of appropriateness has been or would be denied; however, a
certificate of economic non-viability shall be issued only upon a showing that the
property owner will be deprived of any reasonable economic return on the property if
not allowed to proceed with the requested alteration or activity.
Character Defining Feature
: A prominent or distinctive aspect, quality, or characteristic of
a cultural landscape or historic building, site, structure, object, or district that contributes
significantly to its physical character.
Commission
: The Dubuque Historic Preservation Commission, as established by this
chapter.
Contributing Building
: A contributing building, site, structure, or object adds to the historic
architectural qualities, historic or traditional cultural associations, or archeological values for
which a property is significant because:
1.It was present during the period of significance or does not relate to the documented
significance of the property; or
2.Despite alterations, disturbances, additions, or other changes, it still possesses
historical integrity or is capable of yielding important information about the period; or
3.It independently meets one or more of the National Register of Historic Places
criteria; or
4.It has identified as contributing in a historical, architectural, or archeological survey.
Conservation District
: An area designated by ordinances of the City Council which:
Has defined geographic boundaries;
1.
Contains contiguous pieces of property under diverse ownership;
2.
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Encompasses areas of historically and architecturally significant buildings, sites,
3.
structures, objects, or districts, including potential national or local historic districts;
and
Is important to maintain and preserve for its economic and social value and as a
4.
neighborhood or area of affordable housing.
Conservation Planning Area
: An area designated by ordinances of the City Council which:
1.Has defined geographic boundaries;
2.Contains areas within a historical, architectural or archeological survey; and
;
3.Has a history of good overall maintenance and where architectural interestis high
and
4.The City of Dubuque has undertaken the study of the area.
Cultural Significance
: A determination based on the following criteria:
1.The role a property, cultural landscape, building, site, structure, object, or district
plays in a community's historically rooted beliefs, customs, and practices; or
2.Its association with events, or series of events, significant to the cultural traditions of
a community.
Demolition
: Any act or process which destroys in part or in whole a landmark or a structure.
Design Guideline
: A standard of acceptable activity which will preserve the prehistoric,
historic, architectural, archeological and cultural character of a building, district, landmark,
site, object or structure.
Determination of No Material Effect
: A document issued by the City Manager or the City
Manager's designee indicating approval for any normal "repair" or act of maintenance as
defined by this chapter, which:
1.Is not an "alteration", construction, removal, "demolition" or "excavation" as defined
by this chapter;
2.Does not create a material change in the exterior architectural appearance or exterior
features of a structure or site; and
3.Nonetheless does require a regulated permit.
District
: A definable geographic area that can be distinguished from surrounding properties,
and which possesses a significant concentration, linkage, or continuity of sites, buildings,
structures or objects united historically or aesthetically by plan or physical development.
Excavation
: The digging out or removal of earth, soil.
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Exterior Architectural Appearance
: The architectural style and character and the general
composition and arrangement of the exterior of a building or structure, including character-
.
defining features
Exterior Features
: The architectural style and the general design and arrangement of the
exterior of a structure, including, but not limited to, the kind and texture of the building
material(s), and the type, style and arrangement of all windows, doors, light fixtures, signs
and other appurtenant elements, or the natural features of a landmark, landmark site or
structure. In the case of outdoor advertising signs, "exterior feature" includes the style,
material, size and location of the sign.
Historic District
: An area designated by ordinances of the City Council which:
1.Has defined geographic boundaries;
2.Contains contiguous pieces of property under diverse ownership; and
3.Is one or more of the following:
a. Significant to American history, architecture, prehistoric or historic archaeology or
culture; or
b. Possesses integrity of location, design, setting, materials, workmanship, feel and
association; or
c. Associated with events that have been a significant contribution to the broad patterns
of our prehistory or history; or
d. Associated with the lives of persons significant with our past; or
e. Embodies the distinctive characteristics of a type, period, or method of construction;
or
f. Represents the work of a master; or
g. Possesses high artistic values; or
h. Represents a significant and distinguishable entity whose components may lack
individual distinction; or
i. Has yielded, or may be likely to yield, information important to prehistory and
history.
Historic Significance
: A determination based on the following criteria:
1.The structure(s) or site(s) has (have) a strong association with the life or activities of a
person or persons who have contributed to or participated in the historic events of the
nation, state or community; or
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2.The structure(s) or site(s) is (are) associated with an association or group (whether
formal or informal) which has contributed to or participated in historic events of the
nation, state or community; or
3.The structure(s) or site(s) or object(s) is (are) associated with an antiquated use due to
technological or social changes in the nation, state or community, such as, but not
limited to, a blacksmith's shop or railroad trestle; or
4.The site(s) or object(s) is (are) a monument to or a cemetery of historic personages.
Improvement
: Any building, structure, parking facility, fence, gate, wall, work of art or
other object constituting a physical betterment of real property, or part of such betterment.
Individually Designated Historic Properties
: historical designation offered for individual
properties determined to have prehistoric, historic, architectural, archeological and cultural
significance and which are not of a landmark status or located within a historic district.
Integrity
: The original, unaltered or historically altered appearance of a structure, site or area
when taken as a whole.
Landmark
: A property or structure designated by ordinance of the City Council pursuant to
procedures described herein, that is worthy of preservation, rehabilitation or restoration
because of its prehistoric, historic, architectural, archeological or cultural significance to the
city, the state or nation.
Landmark Site
: Any parcel of land of prehistoric or historic archeological significance, or
historic significance due to its substantial value in tracing the prehistory or history of Native
Americans, or upon which an historic event has occurred, and which has been designated as a
landmark site under this section, or an improvement parcel, or part thereof, on which is
situated a landmark and any abutting improvement parcel, or part thereof, used as and
constituting part of the premises on which the landmark is situated.
Material Change of Appearance
: Any change, alteration or modification of the external
architectural appearance or exterior features of a building, improvement, structure or
property which is visible from the public way and for which a regulated permit is required for
compliance with applicable local codes, including, but not limited to:
1.Changes in the exterior size, configuration, fenestration or other structural features of
the property; or
2.Construction or reconstruction; or
3.Demolition; or
4.Any alteration in the size, location or appearance of any sign on the property; or
5.Any excavation on property or the deposit of any waste, fill or other material on
property.
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6.For individual historic districts, the definition of "material change in appearance" may
be expanded to include additional activities for which a certificate of appropriateness
is required. Such additional activities shall be delineated in the ordinance designating
an individual district or by amending the district designating ordinance, in the case of
a district that has been previously designated.
Non-contributing Building
: A non-contributing building, site, structure, or object does not
add to the historic architectural qualities, historic or traditional cultural associations, or
archeological values for which a property is significant because:
1.It was not present during the period of significance or does not relate to the
documented significance of the property; or
2.Due to alterations, disturbances, additions, or other changes, it no longer possesses
integrity or is incapable of yielding important information about the period; or
3.It does not independently meet one or more of the National Register of Historic
Places criteria.
Object
: As distinguished from buildings and structures, objects are those constructions that
are primarily artistic in nature or are relatively small in scale and simply constructed.
Although it may be, by nature or design, movable, an object is associated with a specific
setting or environment. Examples of objects include: fountain, milepost, monument,
sculpture or statuary.
Owner of Record
: Any person, firm, corporation or other legal entity listed as owner on the
records of the county recorder of Dubuque County.
Prehistoric Significance
: A determination based on the following criteria:
1.That a property, cultural landscape, building, site, structure, object, or district has
yielded or may be likely to yield, information important in prehistory; or
2.That property, cultural landscape, building, site, structure, object, or district provides
a diagnostic assemblage of artifacts for a particular cultural group or time period or
that provides chronological control (specific dates or relative order in time) for a
series of cultural groups.
Preservation Alternativesrestoration
: Financial incentives and alternatives sufficient for
the property owner to earn a reasonable economic return. Financial incentives include, but
are not limited to, financing, tax credits, tax abatements, preservation grants or other similar
incentives. Restoration alternatives include, but are not limited to, different materials,
techniques or methods for rehabilitation of historic buildings and structures, or archeological
sites.
Regulated Permit
: An official document or certificate issued by the building official, city
engineer or other official of the city pursuant to provisions of the building code or other
ordinance or regulation, and which authorized the performance of a specified activity.
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Repair
: Any change which does not require a building permit, and which is not construction,
removal or demolition.
Scale
: In a building or structure, the relationship of the vertical, horizontal and volume
measurements; the relationship of the parts to one another within a building, or structure or in
comparison to other buildings or structures within that vicinity.
Site
: The location of a significant event, a prehistoric or historic occupation or activity, or a
building or structure, whether standing, ruined, or vanished, where the location itself
possesses historic, cultural, or archeological value regardless of the value of any existing
structure. Examples of sites include: cemetery, designed landscape, habitation site, natural
feature having cultural significance, rock carving, rock shelter, ruins, trail or village site.
State Historic Preservation Office
: State agency which identifies, records, collects,
preserves, manages, and provides access to Iowa's historical resources and educates, conducts
and stimulates research, disseminates information, and encourages and supports historic
preservation and education efforts of others throughout the state.
Structure
: Anything constructed or erected, the use of which requires a permanent or
temporary location on or in the ground, including, but not limited to, the following:
earthwork, fences, gazebos, advertising signs, billboards, backstops for tennis courts, radio
and television antennas, including supporting towers, and swimming pools. As distinguished
from buildings, structures are those functional constructions made usually for purposes other
than creating human shelter.
Visibility from the Public Way
: Any portion of a building or structure that is visible to a
person while standing on an adjacent improved public street, alley, sidewalk or step.
Temporary structures or vegetation shall not be considered as obstructions to the visibility
from the public way.
10-3 Historic Preservation Commission Established; Membership; Term Of
Office; Vacancies In Office:
A. The Historic Preservation Commission is hereby established and shall consist of nine (9)
members who shall be residents of the city.
B. Members of the Commission shall be appointed by the City Council as follows: one
resident from each designated historic preservation district, including the historicdistricts
hereinafter established; and four (4) at large members. Each member shall possess
qualifications evidencing expertise or interest in architecture, history, archeology, law,
construction or building rehabilitation, city planning or conservation in general. One
Commission member shall be a licensed architect. In the event that a vacancy occurs in a
seat which requires that the appointee be a resident of the district and for which there is
no application from a qualified resident, the City Council shall appoint a tenth member.
This appointment shall be temporary. Upon appointment of a qualified resident to the
vacancy, the temporary appointment shall terminate.
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C. Members shall serve three (3) year terms.
D. Vacancies occurring in the Commission, other than through expiration of term of office,
shall be only for the unexpired portion of the term of the member replaced. Each member
shall serve until the appointment of a successor.
E. Members may serve for more than one term.
F. Vacancies shall be filled by the City Council in accordance with the requirements set
forth above.
G. Members shall serve without compensation.
10-4 Election Of Officers; Organization; Rules And Bylaws; Conduct Of
Meetings; Record Of Actions; Attendance At Meetings: Commission Organization
A. The Commission shall elect from its membership a chairperson and vice chairperson,
whose terms of office shall be fixed by bylaws adopted by the Commission. The
chairperson shall preside over meetings of the Commission and shall have the right to
vote. The vice chairperson shall, in cases of absence or disability of the chairperson,
perform the duties of the chairperson.
B. The City Manager shall designate a person to serve as secretary to the Commission. The
secretary shall keep a record of all resolutions, proceedings and actions of the
Commission.
C. The Commission shall adopt rules or bylaws for the transaction of its business. The
bylaws shall provide for, but not be limited to, the time and place of holding regular
meetings, the procedure for the calling of special meetings by the chairperson or by at
least three (3) members of the Commission and quorum requirements.
D. All meetings of the Commission shall be subject to Iowa Code chapter 21, the Iowa open
meetings act.
E. The Commission shall keep a record of its resolutions, proceedings and actions. The
records shall be subject to Iowa Code chapter 22, the Iowa public records act.
F. A quorum of the Commission shall be required in order to transact business.
G. The affirmative vote of a majority of Commission members present at a meeting shall be
required for the approval of plans or the adoption of any resolution, motion or other
action of the Commission.
H. The vote of each member of the Commission shall be recorded.
I. A member of the Commission shall attend at least two-thirds (2/3) of all scheduled
meetings within any consecutive twelve (12) month period. If any member does not
attend such prescribed number of meetings it shall constitute grounds for the Commission
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to recommend to the City Council that said member be replaced. Attendance of all
members shall be entered on the minutes.
J. The Commission shall file with the City Council a copy of the minutes of each regular
and special meeting of the Commission within ten (10) working days after each meeting.
10-5. Powers and Duties Generally; Procedures For Operations
A. The general duties and powers of the Commission shall be as follows:
1.To promote and conduct educational and interpretive programs on historic properties
within its jurisdiction;
2.To develop and adopt specific standards for review and design guidelines, in addition
Section 10-10
to those set forth in of this chapter, for the alteration of landmarks,
landmark sites, individually designated historic properties and property and structures
within historic districts;
3.To adopt its own bylaws;
4.To identify, evaluate, register, manage and protect significant prehistoric and historic
archeological sites;
5.To conduct an ongoing survey to identify historically, archaeologically and
architecturally significant properties, structures and areas that exemplify the cultural,
social, economic, political, archeological or architectural history of the nation, state or
city;
6.To research and recommend to the City Council the adoption of ordinances
designating areas as having historic, architectural, archeological or cultural value or
significance as "historic districts";
7.To research and recommend to the City Council the adoption of ordinances
designating properties or structures having historic, architectural, archeological or
cultural value or significance as "landmarks" or "landmark sites";
8.To research and recommend to the City Council the adoption of ordinances
designating properties as having historic, architectural, archeological or cultural value
or significance as " Individually Designated Historic Properties";
9.To research and recommend to the City Council the adoption of ordinances
designating areas as having historic, architectural, archeological or cultural value as
"conservation districts";
10.To research and recommend to the City Council the adoption of ordinances
designating areas as having historic, architectural, archeological or cultural value as
"conservation planning areas";
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11.To maintain a register of all properties and structures which have been designated as
landmarks, landmark sites or historic districts, including all information required for
each designation;
12.To assist and encourage the nomination of landmarks, landmark sites and historic
districts to the national register of historic places, and review and comment at a public
hearing on any national register nomination submitted to the Commission upon the
request of the mayor, City Council or the state bureau of historic preservation;
13.To confer recognition upon the owners of landmarks, individually designated historic
properties or of property or structures within historic districts;
14.To review in-progress or completed work to determine compliance with specific
certificates of appropriateness or certificates of economic non-viability; and
15.To serve as an advisory design review body to the City Council for review of public
works projects which have historic preservation implications in historic districts,
individually designated historic properties, or for alteration of landmarks, landmark
sites or structures, that would result in a material change in appearance or be visible
from the public way; and
16.To serve as an advisory review body to the City Council for the review of public
planning, design, construction, and maintenance needs in conservation planning areas
upon request from the City Council.
B. The Commission shall be governed by the administrative, personnel, accounting,
budgetary and procurement policies of the city.
10-6 Identification and Designation of Landmarks, Landmark Sites, Individually
Designated Historic Properties and Historic Districts
A. Generally: The Commission may conduct studies for the identification and nomination of
landmarks, landmark sites, individually designated historic properties and historic
districts, as defined by this chapter. The Commission may proceed on its own initiative or
upon a petition from any person, group or association.
B. Nomination:
Landmarks and Landmark Sites: The nomination of landmarks and landmark sites
1.
shall be initiated by an application submitted to the Commission by the property
owner on a form supplied by the Commission.
Historic Districts: The designation of historic districts shall be initiated by a
2.
nomination for such designation. A nomination shall be made to the Commission on a
form prepared by it and may be submitted by a member of the Commission, the
owner of record of property within a proposed historic district, the City Council, or
any other person or organization. When a Commissioner, as a private citizen,
nominates an historic district for designation, the nominating Commissioner shall
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abstain from voting on the designation. This provision shall not extend to a
designation motion presented by a Commissioner as part of Commission proceedings.
Individually Designated Historic Properties: The nomination of individually
3.
designated historic properties shall be initiated by an application submitted to the
Commission by the property owner on a form supplied by the Commission.
C. Criteria for Consideration of a Nomination: The Commission shall, upon such
investigation as it deems necessary, make a determination as to the following:
1.The nominated property, structure, object, site or area:
i.Is of "architectural significance", as defined by this chapter; or
ii.Is associated with events that have made a significant contribution to the
broad patterns of the history of the city of Dubuque, Dubuque County, the
state of Iowa or the nation; or
iii.Is associated with the lives of persons significant in the past of the city of
Dubuque, Dubuque County, the state of Iowa or the nation; or
iv.Has yielded, or may be likely to yield, information important in prehistory or
history; and
2.The structure, property, object, site or area has sufficient integrity of location, design,
materials and workmanship to make it worthy of preservation or restoration; and
3.The structure, property, object, site or area is at least fifty (50) years old, unless the
Commission determines that it has achieved significance within the past fifty (50)
years and is of exceptional importance.
D. Notification of Nomination: Within sixty (60) days after receipt of a completed
nomination in proper form, the Commission shall hold a public hearing. Notice that a
nomination for designation is being considered and the date, time, place and purpose of
the public hearing shall be sent by certified mail, at least fourteen (14) days prior to the
date of the hearing, to the owner(s) of record of the nominated landmark or landmark site,
nominated individually designated historic property, or property within the nominated
historic district and to the nominator(s). Notice shall also be published in a newspaper
having general circulation in the city. The notice shall state the street address and legal
description of a nominated landmark or landmark site or the boundaries of a nominated
district.
E. Public Hearing: Oral or written testimony concerning the significance of the nominated
landmark, landmark site or historic district shall be taken at the public hearing from any
interested person. The Commission may request expert testimony, consider staff reports
or present its own evidence regarding the compliance of the nominated landmark,
landmark site, individually designated historic property or historic district with the
criteria set forth in subsection (c) of this section. The owner of any nominated landmark,
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landmark site, individually designated historic property or of any property within a
nominated historic district shall be allowed a reasonable opportunity to present evidence
regarding the nomination, shall be afforded the right of representation by counsel and
shall be given reasonable opportunity to cross-examine expert witnesses. The hearing
shall be closed upon completion of testimony.
F. Determination By The Commission, Recommendation And Report: Within thirty (30)
days following the close of the public hearing, the Commission shall make a
determination upon the evidence as to whether the nominated landmark, landmark site,
individually designated historic property or historic district does or does not meet the
criteria for designation. Such determination shall be made in an open meeting by
resolution of the Commission, shall be reduced to writing in the form of a
recommendation and shall be supported by a written report in support of the nomination.
The Commission's recommendation on the nomination of a landmark, landmark site,
individually designated historic property or historic district, and its supporting report,
shall be filed with the long-range planning advisory Commission transmitted to the City
Council, and shall include a proposed ordinance or amendment establishing such
landmark, landmark site, individually designated historic property or historic district and
describing its location and boundaries by address and legal description.
(g) Action By Long-Range Planning Advisory Commission: Within sixty (60) days after
receipt of the Commission's recommendation, report and proposed ordinance or
amendment, the long-rangeplanning advisory Commission shall report to the City
Council with respect to the relation of the nomination to the general development plan,
zoning ordinance, proposed public improvements and any plans for the renewal of the
area involved. Upon submissionof the report of the long-range planning advisory
Commission, or upon the expiration of the sixty (60) day period, the matter shall be
transmitted to the City Council.
(h)G. Action by City Council:
The City Council shall submit the proposed ordinance or amendment to the bureau of
1.
historic preservation of the state historical society of Iowa State Historic Preservation
Office for review and recommendations at least forty five (45) thirty (30) days prior
to the date of any public hearing conducted by the City Council. Any
recommendations made by the bureau of historic preservation State Historic
Preservation Office shall be made available by the city to the public for viewing
during normal working hours at a city government place of public access.
Upon receipt of the recommendation and report of the historic preservation
2.
Commission and the report of the long-range planning advisory Commission,and
after having received a recommendation from the bureau of historic preservation
State Historic Preservation Office or if the forty five (45) thirty (30) day waiting
period has lapsed since submission of the request for such recommendation, the City
Council shall conduct a public hearing on the ordinance or amendment establishing
the proposed landmark, landmark site, individually designated historic property or
historic preservation district. After public hearing, the City Council shall approve or
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disapprove the ordinance or amendment, or refer the nomination back to the historic
preservationCommission for modification. A modified nomination shall require
compliance with the same procedure for designation as set forth above.
City Council approval of the ordinance or amendment shall constitute designation of
3.
the landmark, landmark site, individually designated historic property or historic
district.
(i)H.Amendment and Rescission of Designation: A designation may be amended or
rescinded upon petition to the Commission and compliance with the same procedure and
according to the same criteria as set forth above for designation.
10-7 Designated Landmarks, Landmark Sites, Individually Designated Historic
Properties and Historic Districts
A.Historic Districts
1.Langworthy Historic Preservation District:
The properties hereinafter described are hereby designated as an historic preservation
district, according to the provisions of this chapter:
All of Lots 1 through 3, inclusive; all of Lot 4 excepting the northerly ten (10) feet
thereof, all of the south half of Lot 6; all of Lots 12 through 16, inclusive; and all of Lots
12A through 16A, inclusive; all being in Paulina Langworthy's Addition. The west fifteen
(15) feet of lot 4; all of Lot 5, and Lot 6; all being in McCoy Subdivision. All of Lots 1
through 6, inclusively, of Lot 2 and Lot 3; all of Lot 4; and all of Lots 5 through 8,
inclusive, excepting the northerly twelve (12) feet of all of them; all being in Mrs. L. A.
Langworthy's Addition. All of Lots 1 through 12, inclusive; all of Lots 17 through 21,
inclusive; and all of Lots 9 through 53, inclusive; all being in Julia Langworthy's
Addition. Lots 1 through 4, inclusive; Lot 1 of Lot 6; Lots 28 through 32, inclusive; Lot 1
of Lot 1 of Lot 1 of Lot 33; and Lot 1 of Lot 2 of Lot 2 of Lot 33; all being in T. S.
Nairn's Dubuque Addition.
2.Old Main Historic Preservation District:
The properties hereinafter described are hereby designated as an historic preservation
district, according to the provisions of this chapter:
All of city Lots 1 through 12, inclusive; all of city Lots 69 through 80, inclusive; and the
south sixty-four (64) feet of Lot 1 Block XV of Dubuque Downtown Plaza.
3.Jackson Park Historic Preservation District:
The properties hereinafter described are hereby designated as an historic preservation
district, according to the provisions of this chapter:
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Beginning at the intersection of West 17th and Heeb Streets, north along Heeb Street to
the south line of M. A. Rebman's Sub.; west along said line and the south line of
Duncan's Sub. to the west line of Lot 4-C.L. six hundred seventy-four (674) feet; south
along said line to the south line of Lot 2-5-C.L. 674; west along said line and along the
south line of Lot 1-5-C.L. 674 to Main Street; west across Main Street and Madison
Avenue to the north line of Lot 5-2-C.L. 673; continuing west along said line to the west
line of said lot; south along said line to Dorgan Place; west along Dorgan Place to the
east line of Lot 1-1A-Dorgan's Sub.; southwest along said line and along the east line of
Lot 1-1-Dorgan's Sub. and its extension of West 17th Street; first south then in a
counterclockwise manner along the westerly line of D.N. Cooley's Sub. and its southerly
extension to the north line of Lot 1-1-C.L. 667; east along said line to the east line of said
lot; south along said line and the east line of Lot 2-3-C.L. 667 to the south along said line
of Lot 2-1-C.L. 667; east along said line to Bluff Street; south along Bluff Street to the
south line of A.L. Brown's Sub.; west along said line to the east line of Lot 769B of A.
McDaniel's Sub.; south along said line and the east right-of-way line of Grove Terrace
and the east line of Corkery's Sub. to the north line of Lorimer's Sub.; east along said line
to the east line of Lot 1-1-1 and 11 of Lorimer's Sub.; south along said line and its
extension to West 9th Street; east along West 9th Street to Locust Street; north along
Locust Street to West 10th Street; east along West 10th Street to the alley between Locust
and Main Streets; north along said alley to West 13th Street; east along West 13th Street
to Main Street; south along Main Street to the south line of the north 1/5-C.L. 465; east
along said line and its extension to the east line of the west 33 feet, north 1/5-C.L. 460;
north along said line to West 13th Street; east along West 13th Street to Iowa Street;
north along Iowa Street to West 14th Street; east along West 14th Street to the alley
between Iowa Street and Central Avenue; north along said alley to West 17th Street; east
along West 17th Street to Heeb Street, the point of beginning.
4. Cathedral Historic Preservation District:
The properties hereinafter described are hereby designated as an historic preservation
district, according to provisions of this chapter:
Beginning at the intersection of Locust Street and West Seventh Street; southwest along
West Seventh Street to Bluff Street; northwest along Bluff Street to the northwest line of
Lot 5-C.L. 653A; southwest along said line to the southwest line of said lot; southeast
along said line to the northwest line of the north fifty (50) feet of Lot 1-1-C.L. 653;
southwest along said line to the northeast line of Coriell's Dubuque Sub.; first southeast
then in a clockwise manner along said line to West Fifth Street; southeast along West
Fifth Street; to the northwest line of the west one hundred seven and five-tenths (107.5)
feet-west one hundred seventy (170) feet-C.L. 624; southwest along said line to the
northeast line of Cooper Heights Sub; southeast along said line and along the northeast
line of Lot 1-1-1-1C.L. 692 to the north right-of-way line of West Fourth Street;
southwest along said right-of-way line and along the northwest line of Lot 2-1-1-1-C.L.
692 to Raymond Place; southeast along Raymond Place to the northwest line of Fenelon
Point Sub.; first northeast then in a clockwise manner along said line to the southwest line
of Lot 1-E. seventy-eight and five-tenths (78.5) feet south one hundred (100) feet-C.L.
692; southeast along said line to West Third Street to the southwest line of Saint
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Raphael's Add.; southwest along said line to the northwest line of Lot 1-2-C.L. 694; first
northeast then in a clockwise manner along said line to the northwesterly most line of
Pixler Place; northeast along said line to the west right-of-way line of Bluff Street;
southeast across Bluff Street to the northeast line of C.L. 589A; continuing southeast
along the northeast line of C.L. 589A and the northeast line of C.L. 589 and the northeast
line of the north twenty-one (21) feet-north 1/2 C.L. 572 to Locust Street; northeast along
Locust Street to the southwest line of the south fifty (50) feet-C.L. 568; northwest along
said line to Bissell Lane; north along Bissell Lane to West Fourth Street; northeast along
West Fourth Street to Locust Street; northwest along Locust Street to West Seventh
Street, the place of beginning as described herein.
5.West Eleventh Street Historic Preservation District:
The properties hereinafter described are hereby designated as an historic preservation
district, according to provisions of this chapter:
Beginning at the intersection of Loras Boulevard and Bluff Street; south along Bluff
Street to the south line of A.L. Brown's Sub.; west along said south line to the east line of
Lot 769B of A. McDaniel's Sub.; south along said east line and along the east right-of-
way line of Grove Terrace and along the east line of Corkery's Sub. to the north line of
Lorimer's Sub.; east along said north line to the east line of Lot 1-1-1-11-Lorimer's Sub;
south along said east line and its southerly extension to West 9th Street; west along West
9th Street to the west line of Central Addition; north along said west line to the south line
of the east twenty-seven (27) feet-Lot 3-C.L. 703; west along said south line to the west
line of said lot; north along said west line to the north line of the west one hundred thirty-
nine (139) feet-Lot 3-C.L. 703; west along said north line to the east line of Lot 2-46A-
Farley's Sub.; north along said east line to Wilbur Street; west along Wilbur Street to the
west line of Lot 2-46A-Farley's Sub.; south along said west line to the south line of Lot 1-
46-Farley's Sub.; west along said south line and along the south line of Lot 1-45-Farley's
Sub. to the west line of said Lot 1-45; north along said west line to Wilbur Street; west
along Wilbur Street to Spruce Street; south along Spruce Street to the south line of Lot 2-
43-Farley's Sub.; west along said south line to the east line of the south eighty (80) feet-
Lot 37-Farley's Sub.; north along said east line to the north line of said lot; west along
said north line to the east line of Lot 38-Farley's Sub.; north along said east line to
Jefferson Street; west along Jefferson Street and along the south line of Lot 2-1-1-3-C.L.
738 to the west line of Lot 2-1-1-3-C.L. 738; north along said west line and along the
west line of Lot 1-1-1-3-C.L. 738 and along the west line of Lot 2-1-3-C.L. 738 and
along the west line of Lot 1-2-1-C.L. 738; to West Eleventh Street; east along West
Eleventh Street to the west line of Lot 12 of Cummin's Sub.; north along the west lines of
Lots 11, 10, 9 and 8 of Cummin's Sub.; north across Race Street; north along the west
line of Lot 6 of Cummin's Sub. to Chestnut Street; west along Chestnut Street to the west
property line of Lot 8 of Bissell's Dubuque; north along the west property lines of Lots 9,
10, 11, 12, 13, 14 and 15 of Bissell's Dubuque and the E. 150' of Lot 5 of C.L. 740; east
along the north line of the E. 150' of Lot 5 of C.L. 740 to Walnut Street; north along
Walnut Street to Loras Boulevard; east along Loras Boulevard to Henion Street; north
along Henion Street to Pickett Street; east along Pickett Street to the east line of Lot 2-7-
C.L. 667; south along said east line to the south line of Lot 1-4-C.L. 667; first east line
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then in a counter-clockwise manner along the southerly lines of Lot 1-4-C.L. 667 and Lot
1-3-C.L. 667 to the west line of Lot 2-1-C.L. 667; south along said west line of the south
line of Lot 2-1-C.L. 667; east along said south line to Bluff Street; south along Bluff
Street to Loras Boulevard, the place of beginning.
B. Landmarks and Landmark Sites
1.William M. Black Landmark:
The structure hereinafter described is hereby designated as a landmark, according to the
provisions of this chapter:
Sidewheeler Dredge William M. Black moored at Inner Levee of the Mississippi River,
commonly known as the Ice Harbor.
2.Dubuque City Hall Landmark:
The property hereinafter described is hereby designated as a landmark, according to the
provisions of this chapter:
The building situated on the N 2/5 of City Lot 448 and the N 2/5 of City Lot 457,
commonly known as 50 West 13th Street.
3.Dubuque County Courthouse Landmark:
The property hereinafter described is hereby designated as a landmark, according to the
provisions of this chapter:
The building situated on part of City Lot 286 and City Lots 287 to 288, commonly known
as 720 Central Avenue.
4.Dubuque County Jail Landmark:
The property hereinafter described is hereby designated as a landmark, according to the
provisions of this chapter:
The building situated on City Lots 284 to 285 and part of City Lot 286, commonly known
as 36 West 8th Street.
5. Julien Dubuque Monument Landmark:
The property hereinafter described is hereby designated as a landmark, according to the
provisions of this chapter:
The structure situated on Pt. Lot 1, Government Lots 1 and 2, located at terminus of
Monument Drive.
6.Mathias Ham House Landmark:
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The property hereinafter described is hereby designated as a landmark, according to the
provisions of this chapter:
The building situated on Lot 1 of Lot 531 Ham's Addition, commonly known as 2241
Lincoln Avenue.
7.Shot Tower:
The property hereinafter described is hereby designated as a landmark, according to the
provisions of this chapter:
The Shot Tower structure situated on River Front Sub 1, located at terminus of
Commercial Street.
8.Four Mounds Estate Historic District Landmark Site:
The property hereinafter described is hereby designated as a landmark site, according to
the provisions of this chapter:
The buildings, structures, objects, sites, and property situated on Lot 1-1-2-1 & Lot 1-1-
2-1-1 of SW-NW & Gov 1 & min Lot 331 & Lot 1-7-SW & Lot 2-NW-NW all in Sec 1
of T89N-R2E & Lot 1 & Lot 2-1-1-1 of Sub of 1-7 SW and SW of NW Sec 1 T89N-R2E
& Gov Lot 1 a/k/a min Lot 331 & Lot 1-1-4, 2-2-4, 2-1-2-4, Lot 2 & 3 of SW Sec 1 of
T89N-R2E & Lot 1 Fountain Hill re-sub & Lot 16 John Deere Dub Tractor Works & Lot
2-1-1-2-2 of SE 1/4 NE 1/4 Sec 2 of T89N-R2E 5th, commonly known as 4900 Peru
Road.
8.9. Carnegie Stout Public Library:
The property hereinafter described is hereby designated as a landmark, according to the
provisions of this chapter:
The buildings situated on City Lot 658A, City Lot 659, City Lot 660, balance of City Lot
th
658, commonly known as 360 West 11 Street.
C. Individually Designated Historic Properties
The properties hereinafter described are hereby designated as individually designated
historic properties, according to provisions of this chapter:
The buildings, structures, objects, sites, and property situated on E 1/2 Lot 36, E 15'
1.
W 1/2 Lot 36, Lot 37 Prospect Hill Addition, commonly known as 565 Fenelon
Place.
The buildings, structures, objects, sites and property situated on Lots 22 & 23 and the
2.
N 46 feet of Lot 25 LH Langworthy’s Sub, also known as 216 Clarke Drive.
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The buildings, structures, objects, sites and property situated on Lots 16 and 17 of the
3.
West 1/2 of Block 1 of Dubuque Harbor Company Addition to the City of Dubuque,
Iowa, also known as 40 & 42 Main Street.
10-8 Demolition of Landmarks, Landmark Sites, Individually Designated Historic
Properties or Structures in Historic Districts; Demolition By Neglect; Certificate of
Economic Non-viability
A.Demolition Generally: Demolition of landmarks, landmark sites, individually designated
historic properties or structures within historic districts is prohibited unless, upon
application and after hearing, the Commission issues a certificate of appropriateness or a
Section 10-9
certificate of economic non-viability pursuant to of this chapter.
B Demolition By Neglect Prohibited. The owner of a building or structure in any
historic district, or of a landmark or landmark site, or individually designated historic
property shall keep in good repair all the exterior portions of such buildings or structures and
all interior portions thereof whose maintenance is necessary to prevent deterioration and
decay of any exterior portion. This shall be in addition to all other provisions of law
requiring property and improvements to be kept in good repair. The owner shall repair the
building or structure to correct any of the following defects as determined by the City’s
Building Official:
(1) Parts which are improperly or inadequately attached so that they may fall and
injure persons or property;
(2) A deteriorated or inadequate foundation;
(3) Defective or deteriorated floor supports or floor supports that are insufficient
to carry the loads imposed;
(4) Walls, partitions, or other vertical supports that split, lean, list, or buckle due
to defect or deterioration or are insufficient to carry the load imposed;
(5) Ceilings, roofs, ceiling or roof supports, or other horizontal members which
sag, split, or buckle, due to defect or deterioration or are insufficient to support the
load imposed;
(6) Fireplaces and chimneys which list, bulge, or settle due to defect or
deterioration or are of insufficient size or strength to carry the loads imposed;
(7) Deteriorated, crumbling, or loose exterior stucco or mortar;
(8) Deteriorated or ineffective waterproofing of exterior walls, roofs, foundations,
or floors, including broken windows and doors;
(9) Defective or lack of weather protection for exterior wall coverings,
foundations or floors, including broken windows and doors;
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(10) Any default, defect, or condition in the structure which renders it structurally
unsafe or not properly watertight;
(11) Deterioration of any exterior feature so as to create a hazardous condition
which could make demolition necessary for the public safety;
(12) Deterioration or removal after the effective date hereof of any unique
architectural feature which would detract from the original architectural style;
(13) Deterioration of exterior stairs, porches, handrails, window and door frames,
cornices, wall facings, and architectural details that cause instability, loss of shape
and form, or crumbling;
(14) Rotting, holes, and other forms of decay; or
(15) Leaving a building or structure open or vulnerable to vandalism, decay by the
elements, or animal and/or insect infestation.
C. Emergency/Hazard Removal: In the event that a building or structure becomes damaged
by fire, or other calamity or disaster, to such an extent that the City Building Official
determines it cannot reasonably be repaired and restored, or it poses an immediate risk to
public safety and well-being, after consultation with a licensed architect or engineer in
determining whether a building or structure can be reasonably repaired, stabilized or
restored, any portion thereof may be removed in conformance with applicable laws.
10-9 Alteration Of Landmarks, Individually Designated Historic Properties,
Landmark Sites Or Structures In Historic Districts; Determination Of No Material
Effect; Certificate Of Appropriateness; Review Of Preservation Alternatives;
Certificate Of Economic Non-viability- Procedure for Design Review
A. No regulated permit or site plan approval for the alteration of Landmarks, Individually
Designated Historic Properties, Landmark Sites or Structures in Historic Districts may be
issued prior to review and action by the Commission unless a determination of no
material effect has been made in accordance with this chapter.
B. Nothing in this chapter shall be construed to prevent ordinary maintenance or repair of
any landmark, landmark site or structure or site within an historic district where such
maintenance or repair does not involve a material change of appearance which
necessitates issuance of a regulated permit or site plan approval.
C. An application for a regulated permit or site plan approval shall be made to the
appropriate city official. The application shall state or the appropriate city official shall
determine whether the proposed work or activity is to be done on a landmark, landmark
site, individually designated historic property or on a structure within an historic district.
D. If the application demonstrates no material effect as recognized by this chapter, then the
City Manager or City Manager's designee may issue a determination of no material
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effect, which shall authorize the proposed work or activity to proceed. If a permit
application does not demonstrate compliance with the standards for a determination of no
material effect, then an application must be made for Commission review of the proposed
work or activity. The application for Commission review shall be filed in the planning
services department.
E. Unless otherwise mutually agreed upon by the applicant and the Commission, the
Commission shall, within 60 days after an application is determined to be complete, the
Commission shall review the proposed work or activity to determine whether it complies
with the standards specified in this chapter. In the event the Commission does not
approve or deny an application within 60 days after submittal of a complete application,
such application shall be deemed to have received approval by the Commission unless
the applicant has consented to an extension of the 60 day period. The Commission shall
issue a Certificate of Appropriateness if, after conducting a review of the application, it
finds:
1. That the property owner or the property owner's representative has established that
the proposed work or activity complies with the standards specified in this chapter
and conforms to the purpose and intent of this chapter; and
2. That creating, changing, destroying or affecting the exterior architectural features of
the structure, improvement or site upon which the work is to be done will not have a
substantial adverse effect on the aesthetic, historic or architectural significance and
value of either the property itself or of the neighboring improvements in a district.
In reviewing the proposed work or activity, the Commission may confer with the applicant or
the applicant's authorized representative. The Commission may require submission of such
additional drawings, sketches, photographs or other exhibits, as it deems reasonably
necessary for consideration of the application.
F. The issuance of a Certificate of Appropriateness shall enable the applicant to obtain a
regulated permit or site plan approval and to proceed with the proposed work or activity.
G. If the Commission disapproves the proposed work or activity, it shall state its reasons and
shall transmit to the applicant a written record of its disapproval. The Commission may
propose revisions to the applicant's proposal, which, if adopted by the applicant, would
cause the Commission to reconsider its disapproval. The applicant may make
modifications to the proposed project and shall have the right to resubmit a modified
proposal at any time.
H. The Commission shall also issue a Certificate of Appropriateness, if, after conducting a
review of preservation alternatives, it finds:
1. That the property owner or the property owner's representative has established that
the preservation alternatives for the proposed work or activity conform to the purpose
and intent of this chapter; and
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2. That creating, changing, destroying or affecting the exterior architectural features of
the structure, improvement or site upon which the work or activity is to be done will
not have a substantial adverse effect on the aesthetic, historic or architectural
significance and value of either the property itself or of the neighboring
improvements in a district.
I. Prior to filing an application for a Certificate of Economic Non-viability, as provided for
in subsection (j) of this section, the applicant shall file an application for a review of
preservation alternatives. This application shall document the applicant's attempts to
evaluate and obtain "preservation alternatives", including, but not limited to, financing,
tax incentives, preservation grants, restoration alternatives and other incentives sufficient
to allow the applicant to earn a reasonable economic return from the property.
After a review of the preservation alternatives, the Commission shall approve or
1.
disapprove the proposed project.
If the proposed project is approved, the Commission shall issue a Certificate of
2.
Appropriateness.
If the Commission disapproves the proposed project, it shall state its reasons and shall
3.
transmit to the applicant a written record of its disapproval. The Commission may
propose appropriate revisions of the applicant's proposal that, if adopted by the
applicant, would cause the Commission to reconsider its disapproval. The applicant
may make modifications to the proposed project and shall have the right to resubmit a
modified proposal at any time.
J. If the Commission disapproves such proposed project after a review of preservation
alternatives, it may, upon application or on its own motion, consider issuing a Certificate
of Economic Non-viability.
1. Certificate Of Economic Non-viability: Upon application or motion for a certificate
of Economic Non-viability, the Commission shall schedule a public meeting on that
application or motion.
2. Data To Be Provided By The Applicant: The Commission may solicit expert opinion
or require that the applicant for a Certificate of Economic Non-viability make
submissions concerning any or all of the following information before rendering its
decision:
i.Estimate of the cost of the proposed work or activity and an estimate of any
additional cost that would be incurred to comply with the recommendations of the
historic preservation Commission for changes necessary for the issuance of a
certificate of appropriateness;
ii.A report from a licensed engineer or architect with experience in rehabilitation as
to the structural soundness of any structures and their suitability for rehabilitation;
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iii.Estimated market value of the property in its current condition; after completion
of the proposed construction, alteration, demolition or removal; after any changes
recommended by the Commission; and, in the case of a proposed demolition, after
renovation of the existing property for continued use;
iv.In the case of a proposed demolition, an estimate from an architect, developer,
real estate consultant, appraiser or other real estate professional experienced in
rehabilitation, as to the economic feasibility of rehabilitation or reuse of the
existing structure on the property;
v.The amount paid for the property, the date of purchase and the person from whom
purchased, including a description of the relationship, if any, between the owner
of record or the applicant and the person from whom the property was purchased,
and any terms of financing between the seller and buyer;
vi.If the property is income producing, the annual gross income from the property
for the previous two (2) years;
vii.Itemized operating and maintenance expenses for the previous two (2) years; and
depreciation deduction and annual cash flow before and after debt service, if any,
during the same period;
viii.The remaining balance on any mortgage or other financing secured by the
property and annual debt service, if any, for the previous two (2) years;
ix.All appraisals obtained within the previous two (2) years by the owner or
applicant in connection with the purchase, financing or ownership of the property;
x.Any listing of the property for sale or rent, price asked and offers received, if any,
within the previous two (2) years;
xi.The assessed value of the property according to the two (2) most recent
assessments;
xii.The amount of real estate taxes for the previous two (2) years and whether or not
they have been paid;
xiii.The form of ownership or operation of the property, whether sole
proprietorship, for profit or not for profit corporation, limited partnership, joint
venture or other;
xiv.Any other information considered necessary by the Commission to make a
determination as to whether the property does yield or may yield any reasonable
economic return to the property owner(s), including, but not limited to, the
income tax bracket of the owner(s) or applicant(s) or of the principal investor(s)
in the property;
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xv.Proof of the applicant's efforts to obtain financing, tax incentives, preservation
grants and other incentives sufficient to allow the applicant to earn a reasonable
and an economic return from the property; and
xvi.A showing of the applicant's efforts in ongoing maintenance and repair.
3. If the Commission, after review of the evidence submitted, finds that disapproval of
the proposed work would prevent the property owner from earning any reasonable
economic return from the property, the Commission shall:
i.Immediately issue a Certificate of Economic Non-viability; or
ii.At its discretion, postpone, for a period not to exceed one hundred eighty (180)
days, the issuance of a Certificate of Economic Non-viability. During this time,
the Commission shall investigate strategies which would allow the property
owner to earn a reasonable economic return from the property. No regulated
permit shall be issued during this time unless a certificate of appropriateness has
been secured. If, at the end of the one hundred eighty (180) day period, the
Commission, after a public meeting, finds that the property owner still cannot
earn any reasonable economic return from the property, it shall issue a Certificate
of Economic Non-viability.
4. If the Commission finds, after initial review or after the one hundred eighty (180)
day period of postponement, that the property owner has, in fact, earned or is able to
earn a reasonable economic return from the property, then the Commission shall deny
the application for a Certificate of Economic Non-viability.
K. The failure of the Commission to approve or disapprove an application for a Certificate
of Appropriateness within sixty (60) days from the date of the filing of the application for
a Certificate of Appropriateness, unless an extension is agreed upon mutually by the
applicant and the Commission, shall be deemed to constitute approval, unless within such
sixty (60) days the Commission has made a determination of Economic Non-viability and
has suspended its decision regarding a Certificate of Economic Non-viability pursuant to
subsection (i)(3)b of this section.
L. The Certificate of Appropriateness shall expire and become null and void unless the
regulated permits are secured within sixty (60) days from the date of its issuance.
M. All required permits shall be secured and work shall commence within sixty (60) days
from the date of the issuance of the Certificate of Appropriateness and be completed
within such time as the building official shall determine is reasonable under all of the
circumstances, but not longer than two years after its issuance. The building official is
authorized to grant, in writing, one or more extensions of time, for periods not to exceed
180 days each. The extensions shall be requested in writing and justifiable cause
demonstrated.
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N. The transfer of a determination of no material effect, a Certificate of Appropriateness or a
Certificate of Economic Non-viability from one structure, improvement or site to another
structure, improvement or site or from one person to another is prohibited.
O. Each determination of no material effect, Certificate of Appropriateness or Certificate of
Economic Non-viability issued under the provisions of this chapter shall expire and
become null and void if the work or activity for which the determination of no material
effect, Certificate of Appropriateness or Certificate of Economic Non-viability was
issued is not commenced within one year of its issuance.
(a) After designation of a landmark, landmark site, individually designated historic property
or historic district by the City Council, any proposed alteration or activity which will
affect a landmark, landmark site, individually designated historic property or structure or
site within any historic district, and for which a regulated permit or site plan approval is
required, shall be reviewed by the historic preservation Commission; however, nothing in
this chapter shall be construed to prevent ordinary maintenance or repair of any
landmark, landmark site or structure or site within an historic district where such
maintenance or repair does not involve a material change of appearance which
necessitates issuance of a regulated permit or site plan approval as herein defined.
(b) No regulated permit or site plan approval may be issued prior to review by the
Commission.
(c) Upon review, the Commission shall have the authority to take the following actions:
(1)Authorize The Proposed Project, Determination Of No Material Effect:
a. If an application submitted to the Commission demonstrates compliance with the
"Secretary Of Interior's Standards And Guidelines For Archaeology And Historic
Preservation", the “Secretary of Interior's Standards And Guidelines For The
Treatment Of Historic Properties", and the "Secretary Of The Interior's Standards For
Rehabilitation And Guidelines For Rehabilitating Historic Buildings", codified as 36
CFR 68, as amended, as established by this chapter and, pursuant to the bylaws
adopted by the Commission, a determination may be made that such work or activity
would:
1. Not result in a material change in appearance; or
2. Not be visible from the public way.
b. The City Manager or City Manager's designee shall make such determination and
may issue a determination of no material effect, which shall authorize the proposed
work or activity to proceed without a public meeting of the Commission.
(2)Approve The Proposed Project; Certificate Of Appropriateness:
a. The Commission shall issue a certificate of appropriateness if, upon application and
after conducting a review of the application, it finds:
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1. That the property owner or the property owner's representative has established
that the proposed alteration or activity complies with the standards for review set
forth by this chapter and regulated by the Commission and conforms to the purpose
and intent of this chapter; and
2. That creating, changing, destroying or affecting the exterior architectural features
of the structure, improvement or site upon which the work is to be done will not
have a substantial adverse effect on the aesthetic, historic or architectural
significance and value of either the property itself or of the neighboring
improvements in a district. The issuance of a certificate of appropriateness shall
(3)Disapprove The Proposed Project; Review Of Preservation Alternatives; Certificate
Of Appropriateness:
a. The Commission shall issue a certificate of appropriateness, upon application for
and after conducting a review of preservation alternatives, it finds:
1. That the property owner or the property owner's representative has established
that the preservation alternatives for the proposed alteration or activity comply with
the standards for review set forth by this chapter and regulated by the Commission,
and conform to the purpose and intent of this chapter; and
2. Thatcreating, changing, destroying or affecting the exterior architectural features
of the structure, improvement or site upon which the work is to be done will not
have a substantial adverse effect on the aesthetic, historic or architectural
significance andvalue of either the property itself or of the neighboring
improvements in a district.
b. The issuance of a certificate of appropriateness after a review of preservation
alternatives shall enable the applicant to obtain a regulated permit or site plan approval
and to proceed with the proposed alteration or activity.
(4)Disapprove The Proposed Project; Certificate Of Economic Non-viability:The
Commission shall issue a certificate of economic non-viability, upon application or upon
its own motion, if:
a.A review of preservation alternatives has been conducted and a certificate of
appropriateness has been denied; and
b. The Commission determines that disapproval of the proposed work or activity
would prevent the property owner from earning any reasonableeconomic return from
the property. In considering whether the property has been prevented from earning any
reasonable economic return, the Commission shall deny the certificate of non-viability
where the inability to earn any reasonable economic return has been created by the
property owner's conduct including, but not limited to, neglect of maintenance or
absence of bona fide attempts to earn a reasonable economic return.
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(d) The building official, city engineer or other local authorities shall not issuea regulated
permit or site plan approval until there has been a determination of no material effect or a
certificate of appropriateness or a certificate of economic non-viability issued.
(e) The transfer of a determination of no material effect, certificate of appropriateness or
certificate of economic non-viability from one structure, improvement or site to another
structure, improvement or site or from one person to another is prohibited.
(f) Each determination of no material effect, certificate of appropriateness or certificate of
economic non-viability issued under the provisions of this chapter shall expire and
become null and void if the alteration, construction, repair, removal, demolition or
excavation for which the determination of no material effect, certificate of
appropriateness or certificate of economic non-viability was issued is not initiated within
one year of its issuance.
Procedure For Design The Review Of Plans; Application For Certificate Of
Appropriateness; Application For Review Of Preservation Alternatives; Application
For Certificate Of Economic Non-viability:
(a) Application for regulated permit shall be made to the appropriate city official. The
application shall state or the appropriate city official shall determine that the proposed
alteration, activity or demolition is to be done on a landmark, landmark site, individually
designated historic property or on a structure within an historic district.
(b) Upon the filing of such permit application, the appropriate city official shall notify the
applicant that the matter must be reviewed by the historic preservation Commission
before a regulated permit can be issued.
(c) If a permit application demonstrates compliance with the provisions for a determination
of no material effect as established by this chapter, then the City Manager or City
Manager's designee shall make such determination and may issue a determination of no
material effect, which shall authorize the proposed work or activity to proceed without a
public meeting of the Commission. If a permit application does not demonstrate
compliance with the provisions for a determination of no material effect as established by
this chapter, then an application for design review by the Commission of the proposed
work, activity or demolition must be made by the applicant. Application for Commission
review shall be filed in the planning services department.
(d) Unless otherwise mutually agreed upon by the applicant and the Commission, the
Commission shall meet within twenty one (21) days after the filing of the application for
Commission review. The Commission shall review the proposed project according to the
duties and powers specified in this chapter. In reviewing the proposed project, the
Commission may confer with the applicant or the applicant's authorized representative.
The Commission may require submission of such additional drawings, sketches,
photographs or other exhibits as it deems reasonably necessary for consideration of the
application.
(e) The Commission shall approve ordisapprove such plan.
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(f) If the proposed project is approved, the Commission shall issue a certificate of
appropriateness.
(g) If the Commission disapproves such proposed project, it shall state its reasons and shall
transmit to the applicant a writtenrecord of its disapproval. The Commission may
propose appropriate revisions of the applicant's proposal which, if adopted, would cause
the Commission to reconsider its disapproval. The applicant may make modifications to
the proposed project and shall have the right to resubmit a modified proposal at any time.
(h) Prior to filing an application for a certificate of economic non-viability, as provided for in
subsection (i) of this section, the applicant shall file an application for a review of
preservation alternatives. This application shall document the applicant's attempts to
evaluate and obtain "preservation alternatives" as defined herein, including, but not
limited to, financing, tax incentives, preservation grants, restoration alternatives and other
incentives sufficient to allow the applicant to earn a reasonable economic return from the
property.
(1) After a review of the preservation alternatives, the Commission shall approve or
disapprove such plan.
(2) If the proposed project is approved, the Commission shall issue a certificate of
appropriateness.
(3) If the Commission disapproves such proposed project, it shall state its reasons and
shall transmit to the applicant a written record of its disapproval. The Commission may
propose appropriate revisions of the applicant's proposal that, if adopted, would cause the
Commission to reconsider its disapproval. The applicant may make modifications to the
proposed project and shall have the right to resubmit a modified proposal at any time.
(i) If the Commission disapproves such proposed project after a review of preservation
alternatives, it may, upon application or on its own motion, consider issuing a certificate
of economic non-viability.
(1)Certificate Of Economic Non-viability:Upon application or motion for a certificate of
economic non-viability, the Commission shall schedule a public meeting on that
application or motion.
(2)Data To Be Provided By The Applicant:The Commission may solicit expert
testimony or require that the applicant for a certificate of economic non-viability make
submissions concerning any or all of the following information before rendering its
decision:
a. Estimate of the cost of the proposed construction, alteration, demolition or removal
and an estimate of any additional cost that would be incurred to comply with the
recommendations of the historic preservation Commission for changes necessary for
the issuance of a certificate of appropriateness;
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b. A report from a licensed engineer or architect with experience in rehabilitation as to
the structural soundness of any structures and their suitability for rehabilitation;
c. Estimated market value of the property in its current condition; after completion of
the proposed construction, alteration, demolition or removal; after any changes
recommended by the Commission; and, in the case of a proposed demolition, after
renovation of the existing property for continued use;
d. In the case of a proposed demolition, an estimate from an architect, developer, real
estate consultant, appraiser or other real estate professional experienced in
rehabilitation, as to the economic feasibility of rehabilitation or reuse of the existing
structure on the property;
e. The amount paid for the property, the date of purchase and the person fromwhom
purchased, including a description of the relationship, if any, between the owner of
record or the applicant and the person from whom the property was purchased, and any
terms of financing between the seller and buyer;
f. If the property is income producing, the annual gross income from the property for
the previous two (2) years;
g. Itemized operating and maintenance expenses for the previous two (2) years; and
depreciation deduction and annual cash flow before and after debt service, if any,
during the same period;
h. The remaining balance on any mortgage or other financing secured by the property
and annual debt service, if any, for the previous two (2) years;
i. All appraisals obtained within the previous two (2) years by the owner or applicantin
connection with the purchase, financing or ownership of the property;
j. Any listing of the property for sale or rent, price asked and offers received, if any,
within the previous two (2) years;
k. The assessed value of the property according to the two (2) most recent assessments;
l. The amount of real estate taxes for the previous two (2) years and whether or not
they have been paid;
m. The form of ownership or operation of the property, whether sole proprietorship, for
profit or not for profit corporation, limited partnership, joint venture or other;
n. Any other information considered necessary by the Commission to make a
determination as to whether the property does yield or may yield any reasonable
economic return to the property owner(s), including, but not limited to, the income tax
bracket of the owner(s) or applicant(s) or of the principal investor(s) in the property;
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o. Proof of the applicant's efforts to obtain financing, tax incentives, preservation
grants and other incentives sufficient to allow the applicant to earn a reasonable and an
economic return from the property; and
p. A showing of the applicant's efforts in ongoing maintenance and repair.
(3)Determination Of Economic Non-viability:The Commission shall review all of the
evidence and information required of an applicant for a certificate of economic non-
viability; and
a. If the Commission finds that disapproval of the proposed work would prevent the
property owner from earning any reasonable economic return from the property, the
Commission shall:
1. Immediately issue a certificate of economic non-viability; or
2. At its discretion, postpone, for a period not to exceed one hundred eighty (180)
days, the issuance of a certificate of economic non-viability. During this time, the
Commission shall investigate strategies which would allow the property owner to
earn a reasonable economic return from the property. No regulated permit shall be
issued during this time unless a certificate of appropriateness has been secured. If, at
the end of the one hundred eighty (180) day period, the Commission, after a public
meeting, finds that the property owner still cannot earn any reasonable economic
return from the property, it shall issue a certificate of economic non-viability.
b. If the Commission finds, after initial review or after the one hundred eighty (180)
day period of postponement, that the property owner has, in fact, earned or is able to
earn a reasonable economic return from the property, then the Commission shall deny
the application for a certificate of economic non-viability.
(j) No regulated permit shall be issued authorizing a material change in appearance of a
landmark, landmark site or of a structure or site within an historic district until there is a
determination of no material effect or a certificate of appropriateness or a certificate of
economic non-viability filed with the building official or the city official authorized to
issue the necessary regulated permit.
(k) In the event the Commission disapproves of a proposed project, the notice of disapproval
shall be binding upon the building official, city engineer or other local authority, and no
permit shall be issued in such a case.
(l) The failure of the Commission to approve or disapprove an application for a certificate of
appropriateness within sixty (60) days from the date of the filing of an application, unless
an extension is agreed upon mutually by the applicant and the Commission, shall be
deemed to constitute approval, unless within such sixty (60) days the Commission has
made a determination of economic non-viability and has suspended its decision regarding
a certificate of economic non-viability pursuant to subsection (i)(3)a2 of this section.
10-10 Standards For Review
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A.The Commission shall consider each design review on the merits of the individual case,
with due deliberation given to each proposed change(s) and its sympathetic relationship
to the specific historic setting, architectural or historic significance, extent of previous
alteration, use of original materials and quality of design of the existing structure or site.
Commission approval of a particular type of alteration or activity shall not establish a
binding precedent for future Commission action, but may constitute an additional factor
to be considered in subsequent design reviews involving the same type of alteration or
activity.
B. The "Secretary Of Interior's Standards And Guidelines For Archaeology And Historic
Preservation", the “Secretary of Interior's Standards And Guidelines For The Treatment
Of Historic Properties", and the "Secretary of the Interior's Standards for Rehabilitation
and Guidelines for Rehabilitating Historic Buildings", codified as 36 CFR 68, as
amended, shall provide the guidelines by which the Commission shall review an
application for a certificate of appropriateness or certificate of economic non-viability,
and any subsequent revisions of these standards and guidelines by the Secretary of the
Interior shall be adopted by the Commission.
C. The Commission shall also be guided by the "Architectural Guidelines for Historic
Structures in the Historic Districts of the City of Dubuque, Iowa"; the "Streetscape and
Landscape Guidelines for the Historic Districts of the City Of Dubuque, Iowa"; and any
design standards specified in the ordinance or amendment designating the landmark,
landmark site or historic district.
D. The Commission shall consider the factors of architectural style, scale, mass,
arrangement, texture, materials, and any other pertinent factors. The proposed work shall
be appropriate for and shall restore, preserve, or enhance features of buildings or
structures. The proposed work shall not adversely affect the exterior architectural
features of the building or structure, nor shall the proposed work adversely affect the
character or special historical, architectural or aesthetic value of the property and its
setting. The proposed work also shall conform to such further standards as may be
embodied in the ordinance.
10-11 Review of Demolition Permits In Conservation Districts
A. Application of Section: The provisions of this section shall apply to all buildings located
in whole or in part within the following described conservation districts:
1. Fourth Street Neighborhood Conservation District:
Beginning at the intersection of Seventh and Bluff Streets, thence southerly along Bluff
Street to its intersection with West Fifth Street; thence westerly along West Fifth Street to
its intersection with the northerly extension of Raymond Street; thence southerly along
Raymond Street and its northerly and southerly extensions to its intersection with West
Third Street; thence easterly along West Third Street to its intersection with St. Mary's
Street; thence southerly along St. Mary's Street to its intersection with Emmett Street;
thence easterly along Emmett Street to its intersection with Bluff Street; thence southerly
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along Bluff Street to its intersection with First Street; thence easterly along First Street to
its intersection with the alley between Bluff and Locust Streets; thence northerly along
the alley between Bluff and Locust Streets to its intersection with West Fifth Street;
thence easterly along West Fifth Street to its intersection with Locust Street; thence
northerly along Locust Street to its intersection with Seventh Street; thence westerly
along Seventh Street to its intersection with Bluff Street which is the point of beginning.
2. Fenelon Place Neighborhood Conservation District:
Beginning at the intersection of West Fifth and Burch Streets, thence southerly along
Burch Street to its intersection with West Third Street; thence easterly along West Third
Street to its intersection with the southerly extension of Raymond Street; thence northerly
along Raymond Street and its southerly and northerly extensions to its intersection with
West Fifth Street; thence westerly along West Fifth Street to its intersection with Burch
Street which is the point of beginning.
3. Third Street Neighborhood Conservation District:
Beginning at the intersection of West Third and Hill Streets thence southwesterly along
Hill Street to its intersection with Langworthy Street; thence northwesterly along
Langworthy Street to its intersection with Alpine Street; thence northeasterly along
Alpine Street to its intersection with West Third Street; thence northwesterly along West
Third Street to its intersection with Nevada Street; thence northeasterly along Nevada
Street to its intersection with West Fifth Street; thence southeasterly along West Fifth
Street to its intersection with Alpine Street; thence southerly along Alpine Street to its
intersection with Melrose Terrace; thence southeasterly along Melrose Terrace and its
southeasterly extension to its intersection with Winona Street; thence southwesterly along
Winona Street to its intersection with West Third Street; thence southeasterly along West
Third Street to its intersection with Hill Street which is the point of beginning.
4. Washington Street Neighborhood Conservation District:
Beginning at the intersection of Sixteenth and Washington Streets thence westerly along
Sixteenth Street to its intersection with Jackson Street; thence northerly along Jackson
Street to its intersection with Eighteenth Street; thence westerly along Eighteenth Street
to its intersection with Central Avenue; thence southerly along Central Avenue to its
intersection with Fourteenth Street; thence easterly along Fourteenth Street to its
intersection with Washington Street; thence northerly along Washington Street to its
intersection with Sixteenth Street which is the point of beginning.
5. Jackson Park Neighborhood Conservation District:
Beginning at the intersection of Fourteenth Street and Central Avenue thence westerly
along Fourteenth Street to its intersection with Iowa Street; thence southerly along Iowa
Street to its intersection with Tenth Street; thence westerly along Tenth Street to its
intersection with Bluff Street; thence northerly along Bluff Street to its intersection with
Locust Street; thence northwesterly along Locust Street to its intersection with Ellis
Street; thence northerly along Ellis Street and its northerly extension to its intersection
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with Clarke Drive; thence northwesterly along Clarke Drive to its intersection with Paul
Street; thence northeasterly along Paul Street to its intersection with Lowell Street; thence
southeasterly along Lowell Street to its intersection with North Main Street; thence
southerly along North Main Street to its intersection with Clarke Drive; thence
southeasterly along Clarke Drive and its southeasterly extension to its intersection with
Central Avenue; thence southerly along Central Avenue to its intersection with
Fourteenth Street which is the point of beginning.
6. West Eleventh Street Neighborhood Conservation District:
Beginning at the intersection of Ninth and Bluff Streets thence westerly along Ninth
Street to its intersection with University Avenue; thence westerly along University
Avenue to its intersection with Spruce Street; thence northerly along Spruce Street to its
intersection with West Eleventh Street; thence westerly along West Eleventh Street to its
intersection with Walnut Street; thence northerly along Walnut Street to its intersection
with Loras Boulevard; thence westerly along Loras Boulevard to its intersection with Cox
Street; thence northerly along Cox Street to its intersection with the westerly extension of
West Sixteenth Street; thence easterly along West Sixteenth Street and its westerly
extension to its intersection with Montrose Terrace; thence northerly along the
northeasterly extension of Montrose Terrace to its intersection with West Locust Street;
thence southeasterly along West Locust Street to its intersection with Bluff Street; thence
southerly along Bluff Street to its intersection with Ninth Street which is the point of
beginning.
7. Broadway Street Neighborhood Conservation District:
Beginning at the intersection of West Twenty-third Street and Central Avenue thence
westerly along West Twenty-third Street to its intersection with Lewis Street; thence
northwesterly along Lewis Street to its intersection with Fulton Street; thence northerly
along Fulton Street to its intersection with King Street; thence easterly along King Street
and its easterly extension to its intersection with Central Avenue; thence southerly along
Central Avenue to its intersection with West Twenty-third Street which is the point of
beginning.
8. Downtown Neighborhood Conservation District:
Beginning at the intersection of White Street and Eleventh Street, thence southerly along
White Street to its intersection with Fifth Street; thence easterly along Fifth Street to its
intersection the railroad tracks; thence easterly along the railroad tracks to their
intersection with the Mississippi River; thence southerly along the riverfront across the
Ice Harbor to the eastern terminus of First Street; thence westerly along First Street to its
intersection with U.S. Highway 61/151; thence southerly along U.S. Highway 61/151 to
its intersection with the Locust Street Connector; thence westerly along the Locust Street
Connector and across Locust Street to Jones Street; thence westerly along Jones Street to
its intersection with Bissell Lane; thence northerly along Bissell Lane extended to First
Street; thence westerly along First Street to its intersection with Bluff Street; thence
northerly along Bluff Street to its intersection with Fifth Street; thence easterly on Fifth
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Street to its intersection with Locust Street; thence northerly on Locust Street to its
intersection with Seventh Street; thence westerly on Seventh Street to its intersection with
Bluff Street; thence southerly on Bluff Street to its intersection with Fifth Street; thence
westerly along Fifth Street to the bluff line; thence northerly along the bluff line to Ninth
Street; thence easterly along Ninth Street to its intersection with Bluff Street; thence
northerly along Bluff Street to its intersection with Tenth Street; thence easterly along
Tenth Street to its intersection with Iowa Street; thence northerly along Iowa Street to its
intersection with Fourteenth Street; thence easterly along Fourteenth Street to its
intersection with White Street, thence southerly along White Street to its intersection with
Thirteenth Street, thence westerly along Thirteenth Street to its intersection with Central
Avenue, thence southerly along Central Avenue to its intersection with Eleventh Street,
thence easterly along Eleventh Street to its intersection with White Street, which is the
point of beginning.
9. Brewery Neighborhood Conservation District:
Lot 2-7 of Mineral Lot 322, Lot 1-1- 3- 8 of Mineral Lot 322, and Lot 2-1 of Liebe’s
Subdivision No. 3 in the City of Dubuque, Iowa.
B. Review By The Historic Preservation Commission of Demolition Permits in
Conservation Districts: Upon receiving an application for a demolition permit for any
building subject to this section, the building official shall immediately notify the historic
preservation Commission planning services department of such application. If the
application is for any building with one or more dwelling units, the building official shall
also immediately notify the housing and community development department. The
applicant shall file the information required in this section with the historic preservation
Commission at the office of the planning services department by the application deadline
established by the Commission. If the application is for any building with one or more
dwelling units, the planning services department shall provide the filed information to the
housing and community development department.
At its next regular meeting, the Commission shall recommend to the City Council
approval or denial of approve or deny the application, or table the application for
additional information for a specified period not to exceed sixty (60) ninety (90) days
from the date of application with the Commission. A failure of the Commission to take
action on the application within the sixty (60) ninety (90) day period, unless the applicant
requests and the Commission grants an extension of such time, shall constitute
Commission approval thereof. The recommendation of the Commission shall be
transmitted to the city clerk. The city clerk shall promptly transmit the recommendation
and the application to the City Council for its consideration.
The Commission shall review all of the information submitted by the applicant and, if the
application is for any building with one or more dwelling units, all of the information
submitted by the housing and community development department, and shall make a
determination as to the following:
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1. Whether the building proposed for demolition has historic or architectural
significance to the community; and
2. Whether denial of the proposed demolition permit would prevent the property owner
from earning a reasonable economic return on the property.
If the Commission finds that denial of the application would prevent the property owner
from earning a reasonable economic return on the property, or that the building does not
have any historical or architectural significance to the community, the Commission shall
recommend approval of approve the application.
If the Commission finds that denial of the application would not prevent the property
owner from earning a reasonable economic return on the property, and that the building
has historical or architectural significance to the community, the Commission shall
recommend denial ofdenythe permit application.
If the applicant is the state of Iowa or a political subdivision of the state, the Commission
shall also make a determination as to whether the denial of the application would prevent
the state or the political subdivision from accomplishing its governmental functions as
follows:
(1) If the Commission finds that denial of the application would prevent the state or the
political subdivision from accomplishing its governmental functions, the Commission
shall recommend approval of the application.
(2) If the Commission finds that denial of the application would not prevent the state or
the political subdivision from accomplishing its governmental functions, the Commission
may recommend denial of the application.
If the applicant is the state of Iowa or a political subdivision of the state, the City Council
shall also make a determination as to whether the denial of the application would prevent
the state or the political subdivision from accomplishing its governmental functions as
follows:
1. If, after weighing the interests and attempting to accommodate all conflicting
governmental interests, the City Council finds that denial of the application would
prevent the state or the political subdivision from accomplishing its governmental
functions, the City Council shall approve the application.
2. If, after weighing the interests and attempting to accommodate all conflicting
governmental interests, the City Council finds that denial of the application would not
prevent the state or the political subdivision from accomplishing its governmental
functions, the City Council may deny the application.
If the City Council denies the application, it shall state its findings in writing and shall
transmit a copy of such findings to the applicant.
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C. Historic And Architectural Significance Guidelines And Review Criteria: The report,
"Heritage Of Dubuque" dated March 1974 and filed on record on January 27, 1975, shall
be considered as a comprehensive study for the historical preservation of the city and as
one of the guides to be considered at such time as a demolition permit is applied for in a
reference conservation district. The city of Dubuque's historic property inventory and any
subsequent official architectural/historical surveys/evaluations and nominations to the
National Register of Historic Places prepared for any buildings located within the
conservation districts neighborhoodsdescribed in subsection (a) of this section also shall
be considered as guidelines at such time.
In determining whether a building has historic or architectural significance, the
Commission and the City Councilshall consider an application for a demolition permit in
accordance with the standards for review set forth in the secretary of the interior's
"Standards for Identification and Evaluation", and any subsequent revisions of these
standards and guidelines by the secretary of the interior. The Commission and the City
Councilshall also consider a determination from the state historical society of Iowa as to
the potential eligibility for listing of the building proposed for demolition on the National
Register of Historic Places.
D. Economic Guidelines And Review Criteria: In determining whether to recommend
approval or denial ofapprove or deny the application, the Commission and the City
Council may consider the information set forth in this subsection. The Commission and
the City Councilmay also investigate strategies which would allow the property owner to
earn a reasonable economic return on the property, may solicit expert testimony, and may
require that the applicant make submissions concerning any or all of the following
information:
1.A bid from a qualified contractor showing the cost of the proposed demolition;
2.A report from a licensed engineer, architect or contractor with experience in
rehabilitation as to the structural integrity of any structure that the applicant proposes
to demolish;
3.An opinion of the market value and the appraised value of the property by a realtor or
appraiser: a) in its current condition, b) after completion of the proposed demolition,
c) after renovation of the existing property for continued use, and d) all appraisals
obtained within the last five (5) years for the property;
4.An estimate from an architect, developer, real estate consultant, appraiser or other
real estate professional experienced in rehabilitation of the cost: a) to perform the
repairs identified by the building services department and the housing and community
development department if the structure contains one or more dwelling units, and b)
to rehabilitate the structure;
5.The amount paid for the property, the date of purchase and the person from whom the
property was purchased, a description of the relationship, if any, between the owner
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of record, the applicant and the person from whom the property was purchased, and
the terms of the purchase or proposed purchase, including financing;
6.If the property is income producing, form 1040 schedule E or equivalent for the
previous two (2) years;
7.Itemized operating and maintenance expenses for the previous two (2) years, and the
depreciation deduction and annual cash flow before and after debt service, if any,
during the same period;
8.The name of all mortgagees and the balance of all mortgages or other financing
secured by the property and annual debt service, if any, for the previous two (2)
years;
9.Any listing of the property for sale or rent, the price asked and offers received, if any,
within the previous five (5) years;
10.The assessed value of the property for the previous two (2) assessment years;
11.The amount of real estate taxes assessed for the previous two (2) assessment years
and whether or not they have been paid;
12.Any other information considered necessary by the City Council to make a
determination as to whether the property does or may yield a reasonable economic
return to the property owner(s);
13.A statement of the applicant's efforts to obtain financing, tax incentives, preservation
grants and other incentives sufficient to allow the applicant to earn a reasonable
economic return from the property in its current condition, and after renovation of the
existing property for continued use; and
14.A statement of the applicant's current maintenance and repair activities.
If the application is for any building with one or more dwelling units, the housing and
community development department may also make submissions concerning any or all of
the above information, including strategies which would allow the property owner to earn
a reasonable economic return on the property. The Commission shall consider such
information.
E. Guidelines And Review Criteria For Applications By The State Of Iowa Or A Political
Subdivision Of The State: In determining whether to recommend approval or denial of
approve or deny the application, the Commission and the City Councilmay consider the
information set forth in this subsection and any other information the Commission or the
City Councilconsiders relevant to balancing any conflicting governmental interests.
The Commission and the City Councilmay require that the applicant make submissions
concerning any or all of the following information for the proposed site and suitable
alternative location(s):
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Fair market value of property;
1.
Estimate of the cost of the proposed demolition, including hazardous material
2.
removal and remediation;
Fair market value of any property owned by the governmental body that could be sold
3.
if that site is not chosen for the project;
Property tax impact of removing private property from the tax rolls at the proposed
4.
location and all alternative locations;
Any other factors that contribute to making one location more suitable than others for
5.
the proposed use;
Any other information appropriate to evaluating how all conflicting governmental
6.
interests may be accommodated;
The need for the use in question, the effect on neighboring property, and the
7.
environmental impact of the proposed use.
F. Action By The City Council Commission: At its next regular meeting following receipt
of the recommendation of the Commission by the city clerk, the City Council shall hold a
hearing on the application for a demolition permit and shall approve, denyor withhold
action on the application for a specified period not to exceed ninety (90) days from the
date of application to the building services department, unless the applicant requests an
extension of such time.If the City CouncilCommissionfails to take action to approve,
deny or withhold action on the application within the ninety (90) day period, or such
extension as requested by the applicant, the building official shall issue the permit
forthwith.
The City Council may withhold action on the application to allow the City Council and
the Commission an opportunity to investigate the historical or architectural value of the
building to the community and to take such action as may be appropriate to encourage its
preservation. However, nothing in this section shall authorize the withholding by the
building official of a demolition permit for more than ninety (90) days from the date of
application to the building services department, unless the applicant requests an
extension.
At the hearing, the City Council shall consider the recommendation of the Commission,
any information submitted to the Commission by the applicant, any information
submitted to the City Council by the applicant, and, if the application is for any building
with one or more dwelling units, any information submitted by the housing and
community development department.
If the City Council finds that denial of the application would prevent the property owner
from earning a reasonable economic return on the property or that the building does not
have any historical or architectural significance to the community, the City Council shall
approve the application.
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If the City Council finds that denial of the application would not prevent the owner from
earning a reasonable economic return on the property and that the building has historical
or architectural significance to the community, the City Council shall deny the
application.
If the applicant is the state of Iowa or a political subdivision of the state, the City Council
shall also make a determination as to whether the denial of the application would prevent
the state or the political subdivision from accomplishing its governmental functions as
follows:
(1) If, after weighing the interests and attempting to accommodate all conflicting
governmental interests, the City Council finds that denial of the application would
prevent the state or the political subdivision from accomplishing its governmental
functions, the City Council shall approve the application.
(2) If, after weighing the interests and attempting to accommodate all conflicting
governmental interests, the City Council finds that denial of the application would not
prevent the state or the political subdivision from accomplishing its governmental
functions, the City Council may deny the application.
If the City Council denies the application, it shall state its findings in writing and shall
transmit a copy of such findings to the applicant.
G. Process For Establishment, Expansion or Alteration of Conservation District: Any
person may make a request to the City Council for establishment, expansion or alteration
of a conservation district. The process for establishment, expansion or alteration of a
conservation district shall be as follows:
1. A written request for the establishment, expansion or alteration of a conservation
district shall be submitted to the city clerk. At its next regular meeting following
receipt of the request by the city clerk, the City Council may approve or deny the
request, set the request for consideration at a subsequent meeting, set the request for a
public hearing, or refer the request to the Commission for a recommendation before
voting on the request.
If the City Council considers the request at a public hearing, a notice of the date, time
and location of the hearing shall be published in accordance with Iowa code section
362.3.
The City Council may also direct the city clerk to mail a notice of the date, time and
location of the meeting at which the City Council will consider the request to the
property owners of record in the district.
If the City Council refers the request to the Commission, the City Council may also
direct the secretary of the Commission to mail a notice of the date, time and location
of the meeting at which the Commission will consider the request to the property
owners of record in the district.
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2. At its next regular meeting, if a referral is made to it by the City Council, the
Commission shall review the request, and make a recommendation to the City
Council to approve or deny the request, or to table the request for additional
information for a specified period not to exceed sixty (60) days. A failure of the
Commission to take action on the request within the sixty (60) day period, unless the
applicant requests and the Commission grants an extension of such time, shall
constitute Commission approval thereof. The recommendation of the Commission
shall be transmitted to the city clerk. The city clerk shall promptly transmit the
recommendation and the application to the City Council for its consideration.
In determining whether to recommend approval or denial of the request, the
Commission shall consider whether the proposed conservation district, or the
expansion or alteration of the district, has historic or architectural significance to the
community.
3. At its next regular meeting following receipt of the recommendation of the
Commission by the city clerk, the City Council shall approve or deny the request.
H. Demolition By Neglect Prohibited. The owner of a building or structure in any
conservation district shall preserve and keep in good repair all of the exterior portions of such
buildings and structures and all interior portions thereof whose maintenance is necessary to
prevent deterioration and decay of any exterior portion. This shall be in addition to all other
provisions of law requiring property and improvements to be kept in good repair. The owner
shall repair the building or structure to correct any of the following defects as determined by
the City’s Building Official:
(1) Parts which are improperly or inadequately attached so that they may fall and
injure persons or property;
(2) A deteriorated or inadequate foundation;
(3) Defective or deteriorated floor supports or floor supports that are insufficient
to carry the loads imposed;
(4) Walls, partitions, or other vertical supports that split, lean, list, or buckle due
to defect or deterioration or are insufficient to carry the load imposed;
(5) Ceilings, roofs, ceiling or roof supports, or other horizontal members which
sag, split, or buckle, due to defect or deterioration or are insufficient to support the
load imposed;
(6) Fireplaces and chimneys which list, bulge, or settle due to defect or
deterioration or are of insufficient size or strength to carry the loads imposed;
(7) Deteriorated, crumbling, or loose exterior stucco or mortar;
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(8) Deteriorated or ineffective waterproofing of exterior walls, roofs, foundations,
or floors, including broken windows and doors;
(9) Defective or lack of weather protection for exterior wall coverings,
foundations, or floors, including broken windows and doors;
(10) Any default, defect, or condition in the structure which renders it structurally
unsafe or not properly watertight;
(11) Deterioration of any exterior feature so as to create a hazardous condition
which could make demolition necessary for the public safety;
(12) Deterioration or removal after the effective date hereof of any unique
architectural feature which would detract from the original architectural style;
(13) Deterioration of exterior stairs, porches, handrails, window and door frames,
cornices, wall facings, and architectural details that cause instability, loss of shape
and form, or crumbling;
(14) Rotting, holes, and other forms of decay; or
(15) Leaving a building or structure open or vulnerable to vandalism, decay by the
elements, or animal and/or insect infestation.
10-12 Conservation Planning Areas
At the request of the City Council, the Commission may shall conduct studies and encourage
special attention to the public planning, design, construction, and maintenance needs with
respect to land use, transportation, public utilities, public facilities, housing, open space,
historic preservation, urban design, and other elements of the Comprehensive Plan in the
following conservation planning areas:
A. Phase I Historic and Architectural Survey Area: an area located in the
Washington/Jackson/Elm Street area north of the central business district in the Couler
Valley, which consists primarily of the Central Avenue, White Street, Jackson Street,
th
Washington Street, Elm Street, Pinard Street, and Kniest Street corridors between !8 and
th
26 Streets.
B. Phase II Historic and Architectural Survey Area: an area northeast of the original plat of
the City of Dubuque with two distinct sub-areas: the Rhomberg/Eagle Point
neighborhood which consists primarily of three streets (Garfield, Rhomberg and Lincoln)
running Northeast and Southwest from Kniest Street to Eagle Point area; and, the
nd
Linwood district, which consists of streets located on the hillside between 22 Street and
Linwood Cemetery, from Queen Street to Jefferson Middle School.
C. Warehouse District: the area encompassed by 12th Street on the north, White Street on
the west, and U.S. 61/151 on the east.
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1013Appeals From Commission Action
A. An aggrieved party may appeal the Commission's action to the City Council by filing a
notice of appeal with the planning services department within thirty (30) days from the
date of notice of the Commission's action.
B. Upon filing of a notice of appeal, the planning services department shall immediately
transmit such notice and the record of the action before the Commission to the city clerk.
C. On appeal, the City Council shall consider only the record of the action before the
Commission. No new matter may be considered.
D. The City Council shall consider whether the Commission has exercised its powers and
followed the guidelines established by law and the historic preservation ordinance (this
chapter), and whether the Commission's action was patently arbitrary or capricious.
E. The City Council may affirm or reverse the Commission's action, or may refer the matter
back to the Commission for such further action as may be appropriate. The city clerk
shall give written notice of the City Council's decision on appeal within seven (7) days of
the City Council's decision to the appellant and the historic preservation Commission.
F. An appellant who is not satisfied by the decision of the City Council may appeal within
sixty (60) days of the City Council's decision to the district court for Dubuque County,
pursuant to Iowa Code section 303.34.
10-14 Inspection
A. After a certificate of appropriateness or certificate of economic non-viability has been
issued and a regulated permit granted to the applicant, the building official, city engineer
or other local authority may from time to time inspect the work authorized and shall take
such action as is necessary to enforce compliance with the approved plans.
B. Historic Preservation Commissioners may from time to time inspect, from the public
way, the work authorized and shall advise the building official or other enforcement
authority as necessary to enforce compliance with the approved plans.
10-15Violations; Penalties
It shall be unlawful for any person to disobey, omit, neglect or refuse to comply with any
provision of this chapter, and such person shall be subject to the provisions of sections 1-8
and1-15through1-17ofthis codethe City Code.
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Section III – Land Development Regulations Article 11 – Land Subdivision
SIII–LDR
ECTION ANDEVELOPMENT EGULATIONS
Article 11: Land Subdivision
11-1 Purpose and Intent
The purpose of these regulations is to protect the public health, safety and general welfarewhile
allowing for cost-saving efficiencies. These regulations are intendedtoaidfacilitate and to control
coordinatethe subdivision of land in the interestof coordinated development ofwithin the City; to
establish a consistent policy for plats submitted to the Zoning Advisory Commission and the City
Council; and to enable the Commission and City Council to ascertain whether the samesuch plats
conform to the applicable statutes and ordinances.
The intent of these regulations is as follows:
A.To guide the future growth and development of the community consistent with the City of
Dubuque’s adopted Comprehensive Plan.
B.To help identify those areas appropriate for development and those areas appropriate for
conservation.
C.To ensure the permanent preservation of preserve open space and environmentally sensitive
areasnatural resources such as wildlife habitat, riparian/wetland areas, by concentrating
development, where feasible.
D.To provide open space areas for passive and/or active recreational use.
E.To provide for a diversity of lot sizes, housing choices and building densities.
F.To provide buffering between residential development and non-residential uses.
G.To protect environmentally sensitive areas and biological diversity, minimize disturbance to
preserve existing trees,vegetation and maintain environmental corridors.
H.To preserve significant archaeological sites, historic buildings and their settings..
11-2 Applicability
A.These regulations shall apply to all land to be dividedor subdivided which is within the limits
of the City or within two miles of the limits of the City as allowed by state law.
B.These regulations shall not apply to plats vacating public right-of-way or disposal of excess
right-of-way per Iowa Code Section 306.23.
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12-2Conformance to Comprehensive Plan
All lands proposed for subdivision shall conform in development to the intent and spirit of the
Comprehensive Plan, in so far as practical, in the location of streets, alleys, boulevards, parks, and
other public places and facilities; and shall not conflict or interfere with the rights of way or future
extensions of streets shown thereon or already established. The provisions in this Chapter shall be
administered to ensure orderly growth and development and shall supplement and facilitate the
provisions in the Comprehensive Plan, Zoning Ordinance, City standards, and capital improvement
budget.
11-3 Recording of Subdivision Plats
No person shall subdivide any tract of land to which this Article applies without recording a plat
thereof in the Office of the County Recorderof Dubuque County, Iowa, which plat shall first have
been prepared and approved in conformity with the provisions of this Article and of state law.
12-4Amendment
When necessary to further its purposes, this Chapter, shall be amended in accordance with the text
amendment procedure for the Zoning Ordinance by the Commission and the City Council.
12-5Interpretation
In their interpretation and application, the provisions of this Chapter shall be held to be the
minimum requirements. More stringent provisions may be required by the City Planner, Zoning
Advisory Commission or City Council if it is demonstrated that different standards are necessary
to promote the public health, safety and welfare.
12-6Conflict
Where the conditions imposed by any provisions of this Chapter are either more restrictive or less
restrictive than comparable conditions imposed by any other provisions of this chapter orof any
other applicable law, ordinance, resolution, rule or regulation of any kind, the regulations which
are more restrictive and impose higher standards or requirements shall govern.
12-7Separability
The provisions of this chapter are separable. If a section, sentence, clause, or phrase of this chapter
is adjudged by a court of competent jurisdiction to be invalid, the decision shall not affect the
remaining portions of this chapter.
12-8Administration, Enforcement And Penalties
It shall be the duty ofthe City Planner to administer and enforce the provisions of this Chapter and
to bring to the attention of appropriate officers of the City any violation or lack of compliance.
Violation of the provisions of this Chapter shall be deemed a misdemeanor and/or civil infraction.
Each day such violation continues constitutes a separate offense. The City shall have recourse to
such remedies in law and equity as may be necessary to ensure compliance with the provisions of
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this Chapter. No building permit shall beissued for any structure on a lot or lots in a subdivision
which is in violation of this Chapter.
11-4 Exception of Specific Subdivision Requirements
TheZoning Advisory Commission and City Council, when acting upon an application for
preliminary or final subdivision approval, shall have the power to grant such exceptions from the
requirements of this Article for subdivision approval as may be reasonable and within the general
purpose and intent of the provisions for subdivision review and approval of this Article if the
literal enforcement of one or more provisions of this Article is impracticable or will exact an undue
hardship because of peculiar conditions pertaining to the land in question.
11-5 Application Fee for Subdivision Plat Review Required
No platfor any subdivision or resubdivision shall be considered filed for review, unless and until
said plat is accompanied by a fee in the amount as established by resolution of the City Council in
an official schedule of planning and zoning fees.
11-6 Subdivisions Classified
A.Plats vacating public right-of-way.
B.Simple Division: Any subdivision or consolidation of property in which no new streets,
A.
public or private, are proposed, which does not require the construction of any public
improvements, and which containscreates fewer than three lots, shall be classified as a simple
division.
C.Minor Subdivision: Any subdivision or consolidation of property in which no new streets,
B.
public or private, are proposed and which does not require the construction of any public
improvements and which containscreatesthree or more lots, shall be classified as a minor
subdivision.
D.Major Subdivision: Any subdivision or consolidation of property which is not a simple
C.
subdivision or a minor subdivision and requires the construction of any public improvements.
shall be classified as a major subdivision.
11-7Application Requirements and Review Process
A.General Information:
1.All applications for land subdivision approval shall be prepared to show all information
currently required by the City, a list of which shall be available from the Planning Services
Department.
2.Preliminary grading, not to include the removal of excavated material from the site, may be
1.
permitted only after a grading and erosion control plan has been submitted, reviewed and
approved with the written approval ofby the City Engineer and the City Planner., when a
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grading and erosion control plan has been submitted and approved.No final grading shall
commence before a final plat of the subdivision is approved as required by this Section.
3.PreliminaryFinal grading and utility constructionwork in accordance with the City
2.
standards and this Code, and/or the removal of excavated material from the site, may be
permitted with the written approval of the City Manager, provided that the owner first
waives, in writing, any claims against the City which may result from the denial of or
changes required for approval of the final plat and/or improvement plans.
4.Prior to commencing anygrading or construction of improvements, the owner shall also
3.
obtain any State or Federal permits which may be required.
B.Simple Divisions and Plats Vacating Public Right-Of-Way:
1.Simple divisions shall be reviewed by the City Planner to determine compliance with this
Code. Review by the Zoning Commission shall not be required Simple divisions that are
determined to be in compliance with this Code and plats vacating public right-of-way shall
be reviewed and approved by the City Planner.
Simple divisions that are determined to be in compliance with this Codeshall be submitted
1.
to the and City Council for approval.
2.The City Planner may set conditions to provideensure that the simple division meets the
requirements of all applicable City codes.
3.Simple divisions that require a waiver of bulk regulations shall be submitted to the Zoning
Advisory Commission and City Council for approval.
3.4.No plats for simple divisions shall be recorded unless the City Plannerhas approved the
plat.
C.Minor Subdivisions:
1.A preapplication conference shall be encouraged, but not required for a minor subdivision.
2.A preliminary plat is not required for a minor subdivision. However, theThe Zoning
Advisory Commission may, in special circumstances where the Commission feels that the
final plat does not convey enough require any additional information necessaryto
adequately review the subdivision,movemayto require additional information or a
complete preliminary plat.
3.The owner shall submit 206copies of the final plat to the Planning Services Department.
The final plat must show all information required by the City.
4.TheZoning Advisory Commission shall review final plats to determine whether or not said
plat is in substantial conformance towiththe preliminary plat for the property, this Code
and the Comprehensive Plan. If the Commission finds that the plat conforms to all
applicable City and State codes, andthe Comprehensive Planand the preliminary plat, the
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Commission shall approve the plat. The Commission shall submit its findings onregarding
the final plats to the City Council, who must act within 60 days of the filing of the final plat
with the Planning Services Department.
5.If the Zoning Advisory Commission fails to recommend approveal of the final plat, or
approves it with conditions, the Commission shall transmit its findings, required conditions
and/or reasons for its denial to the owner and, and the owner shall not submit the final plat
to the City Counciluntil the City Planner determines that all conditions have been met, or
until all reasons for the denial have been addressed to the satisfaction of the Zoning
Advisory Commission in a regularly scheduled meeting. Under no circumstances shall a
final plat which has not been approved by the Zoning Advisory Commission be submitted
to the City Council.
6.The City Council shall review final plats to determine conformance to this Code, state law,
and the Comprehensive Plan. If the plat conforms, the City Council shall approve the plat
and shall cause its approval to be entered on the plat. The City Council may require as a
condition of approval of the plat that the owner comply with such other reasonable
requirements as the City Council may deem necessary for the protection of the public
interest.
The Commission and City Council must approve an identical plat. If conditions are
7.
imposed upon or changes required to the plat by the City Council after the Commission's
review and action, the plat shall be submitted to the Commission for signature.
D.Major Subdivisions :
1.The owner of a major subdivision shall comply with the requirements for aA preapplication
conferenceshall be required for all major subdivisions.
2.An approved preliminary plat shall be required for a major subdivision. After the
preapplication conference, the owner shall submit 206copies of the preliminary plat as
required by the City Planner. The preliminary plat must show all information required by
the City. The preliminary plat shall be reviewed by the Zoning Advisory Commission only
except when a preliminary plat is submitted that includes a private street, in which case
both the Zoning Advisory Commission and the City Council shall review and approve the
submitted preliminary plat. The review shall be to determine compliance with all relevant
sections of this Code and the Comprehensive Planand shall be approved or denied within
60 days of the filing of the preliminary plat with the City Planner. Approval ofgranted by
the Commission shall remain in effect for a period of two years. Within this 2-year time
frame, a final plat must be filed with the Planning Services Department. The Zoning
Advisory Commission shall have the authority to grant a maximum of one 2-year
extension, provided the preliminary plat is still in compliance with all current City codes
and ordinances.
3.Upon receipt of the preliminary or final plat application, the City Planner shall distribute
copies of the plat to the affected City departmentsand utility companiesfor review and
shall file the plat with the Commission.The owner shall submit 6 copies of the
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Section III – Land Development Regulations Article 11 – Land Subdivision
improvement plans to the Planning Services Department. The improvement plans shall
include all information required by the City. Any application for approval of improvement
plans that does not contain all required information, including a draft copy of the final plat,
shall not be accepted by the City Planner. The City Engineer shall review all improvement
plans to determine whether the plans are in substantial conformance to all applicable City
standards.
4.The owner shall submit 206copies of the final plat to the City Planner. The final plat must
show all information required by the City.Any application for final plat approval that does
not contain all required information, including improvement plans approved by the City
Engineer, shall not be accepted by the City Planner. The City Planner shall review final
plats to determine whether or not said plat is in substantial material conformance to the
preliminary plat for the property, this Code and the Comprehensive Plan.If the City
Planner finds that the plat conforms to all applicable City and State codes, the
Comprehensive Plan and the preliminary plat, the City Planner shall approve the plat. The
City Planner shall submit such findings and recommendations on the final plats to the City
Council,. The City Council shall who must act within 60 days of the acceptance of a
completefiling of the final plat application withby the City Planner.
5.Preliminary plats shall include the entire proposed subdivision when fully built, and shall
also indicate the presence of all contiguous property under common ownership, in order to
allow the City to plan for the future extension of streets and utilities.
6.If the City Planner approves the final plat, the approval shall be endorsed on the plat. If the
City Planner fails to approve the final plat findings and reasons for its denialshall be
submitted to the owner, and the owner shall revise the final plat to correct the reasons for
recommending denial or can appeal the staff's decision to the Zoning Advisory
Commission and then to the Zoning Board of Adjustment.The City Council shall review
final plats to determine conformance to this Code, state law, and the Comprehensive Plan.
If the plat conforms,to this Code and to state law, and if the plat is in conformity with the
Comprehensive Plan for the City, then the City Council shall approve the plat and shall
cause its approval to be entered on the plat. The City Council may require as a condition of
approval of the plat that the owner of the land bring all streets to a grade acceptable to the
City Council, and comply with such other reasonable requirements in regard to installation
of public utilities or other improvements as the City Council may deem requisite for the
protection of the public interest.
7.The Commission and City Council must approve an identical plat. If conditions are
imposed upon or changes required to the plat by the City Council after the Commission's
review and action, the plat shall be resubmitted to the Commission for
signature.Preliminary and final plats shall not be submitted in combinationconcurrently
reviewed or considered for approval.
11-7ApplicationInformationRequirements
Simple Divisions: A simple division shall require afinalplat of the property prepared according
A.
to thefinalplat requirements shown herein.
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Preapplication Conference: Whenever a majorsubdivision is proposed, the owner shall schedule
B.
a preapplication conference with the City Planner prior to submission of the preliminary plat.
Such conference may also be attended bysuchother City and utility company representatives.
Such conference shall be held to acquaint the affected parties with the proposed subdivision
and to discuss procedures and requirements involved with the subdivision process.
Preliminary Plats: Any owner requesting preliminary plat approval shall submit the following to
C.
the Planning Services Department:
Narrative Information:
1.
A completed copy of the application form for subdivision approval, and
i.
A filing fee as established by City Council resolution.
ii.
Graphic Information to be Shown on the Plat: The preliminary plat drawn ata scale of one
2.
inch equals 200 feet (1' = 200') or larger, on a sheet not exceeding 24 by 36 inches.
Preliminary plat shall be clearly marked "preliminary plat" and shall show the following:
The subdivision name, scale, north arrow and date;
i.
The name and address of the property owner and the name and address of the person or
ii.
firm preparing the plat;
A key map showing the general location of the subdivision in relation to surrounding
iii.
streets and development;
All adjacent streets and subdivisions and the names of all the owners of record of all
iv.
adjacent property;
The legal description of the property included in the proposed subdivision;
v.
The approximate total area of the proposed subdivision, and the approximate total area
vi.
proposed and/or in the public way;
The zoning of the proposed subdivision and adjoining properties;
vii.
The layout, numbers, approximate dimensions and area of proposed lots;
viii.
The existing and proposed topography of the subdivision showing contours at
ix.
appropriate vertical intervals not exceeding four vertical feet;
The location of all existing easements, buildings, watercourses, tree masses and other
x.
features located within 100 feet of the subdivision, including flood plains and
floodways as defined and mapped by the federal emergency management agency;
The location, width, dimensions, approximate grades and proposed names of all public
xi.
streets proposed to be dedicated for public use and of all private streets proposed to be
provided for by perpetual easement;
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The location of present and proposed utility systems, including sanitary and storm
xii.
sewers, water lines and other facilities located within 100 feet of the plat;
Proposed perpetual easements, showing locations, widths and purposes;
xiii.
Parcels of land proposed to be dedicated or reserved for schools, parks, playgrounds, or
xiv.
public or semi-public purposes; and
Any other pertinent information as determined by the City Manager.
xv.
Other Information to be Shown on Additional Pages:
3.
A preliminary grading and erosion control plan;
4.
A general summary description of any covenants or private restrictions to be incorporated in
5.
the final plat; and
A proposed street tree planting plan.
6.
Final Plats: Any owner requesting final plat approval shall submit to the city planner:
D.
Narrative Information :
1.
A completed copy of the application form for subdivision approval;
i.
The filing fee as established by city council resolution;
ii.
An original and three copies of the surveyor's certificates;
iii.
An original and three copies of the certificates, as appropriate;
iv.
A copy of any presently applicable and/or proposed restrictions or covenants of all types
v.
that affect or will affect the subdivision;
Reproducible plans (on Mylar or an equivalent reproducible plastic film) of thestreet,
v.
sanitary sewer, stormsewer, water main, sidewalk, and street lighting construction
which are being proposed for dedication to the City;
A final grading and erosion control plan;
vi.
The existing zoning of the proposed subdivision and adjoining property;
vii.
The existing and proposed topography of the subdivision showing contours at
vii.
appropriate vertical intervals not exceeding four vertical feet;
The location of any requiredeasements;
viii.
A street tree planting plan, in accordance with City standards;
ix.
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The location of present and proposed utility systems, including sanitary andstormsewers,
x.
water lines and other facilities located within 100 feet of the plat; and
Any other pertinent information, as determined by the City Planner.
xi.
Graphic Information to be Shown on the Plat: The final plat, drawn on Mylar or equivalent
2.
reproducible plastic film, and copies thereof,drawn at a standard engineering scale on a
sheet size not exceeding 24by36inches, at a scale of one inch equals 200feet (1" = 200')
or larger. The final plat shall be clearly marked "final plat" and shall show thefollowing:
The subdivision name, scale, north arrow and date;
i.
The name and address of the property owner and the name and address of the person or
ii.
firm preparing the plat;
All adjoining streets and subdivisions;
iii.
The legal description of the property included in the proposed subdivision;
iv.
The total area of the proposed subdivision, and the total area proposed and/or in the
v.
public way;
All dimensions, both linear and angular, necessary for locating boundaries of the
vi.
subdivided area, the lots, blocks, streets,alleys, easements, and any other similar public
and private uses;
All monuments to be of record;
vii.
All distance, bearing, curve and other survey data as required by state law;
viii.
Block and lot numbers, including the layout, accurate dimensions, and area of proposed
ix.
lots;
The location, width, dimension and names of all public streets to be dedicated for public
x.
use and of all private streets provided for by perpetual easement; and
Any private restrictions which are proposed, or reference shall be made to them thereon.
xi.
12-8Iowa 32 (Southwest Arterial) Corridor Review:
xii.
A proposed plat that divides any parcel within the Iowa 32 (Southwest Arterial) Corridor into
A.
two or more lots, and any preliminary plat within the Iowa 32 (Southwest Arterial) Corridor
shall be submitted to the City Council for review.
No plat for any subdivision or resubdivision of property in the Iowa 32 (Southwest Arterial)
B.
Corridor, as shown on drawings on file in the City Clerk’s Office , shall be approved by the
July 1, 2008
City Council from the effectivedate of this Code to , except where a vested right
to the issuance of such approval accrued to any person, firm or corporation as a matter of law
prior to the effective date of this Section.
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Notwithstanding the foregoing, the City Council may approve a proposed plat or preliminary plat
C.
upon a determination that the proposed subdivision will not negatively impact the acquisition
of right-of-way along the preferred alignment of the Iowa 32 (Southwest Arterial) Corridor.
The applicant shall provide the City Council with a plat prepared by a licensed engineer or land
surveyor that accurately depicts the parcel(s) to be subdivided and the location of the Iowa 32
(Southwest Arterial) Corridor boundaries. The City Council shall also consider any
recommendation from the Southwest Arterial Technical Committee regarding potential
negative impacts, if any, that would result from approval of the proposed plat or preliminary
plat and the subsequent development of the parcel(s).
11-8 Subdivision Design Standards
D.
A.Subdivision Design:
1.Design of the subdivision shall be in conformance with thethis Code, the Comprehensive
Plan,zoning ordinance and all applicable City standards.
2.To the maximum extent practicable, the subdivision shall be designed to preserve the
natural features of the site, to avoid areas of environmental sensitivity, and to minimize
negative impacts and alteration of the natural features.
3.The subdivision shall be laid out to avoid adversely affecting ground water and aquifer
recharge; to reduce cut and fill; to avoid unnecessary imperviousimpermeable cover; to
prevent flooding; to provide adequate access to lots and sites; and to mitigate adverse
effects of shadow, noise, odor, traffic, drainage, and utilities on neighboring properties.
4.The subdivision shall be laid out to create lots which provide sufficient area for
development outside utility easements. No buildings, fill, or grading shall occur within the
utility easements without approval of the City Engineer.
5.No more than 40 platted lots shall be allowed in any phase, combination of phases, or
contiguous subdivisions having only one exit .
6.All streets, sidewalks, and bike/hike trails shall connect to other streets, sidewalks and
bike/hike trails within the subdivision, and to the property lines, to provide for their
extension to adjacent properties. Each subdivision shall connect to the existing and
planned street network of the City to ensure connectivity between properties, distribution of
traffic, and access for public and emergency services.
B.Installation of Improvements: Public improvements including streets, sanitary sewers, storm
sewers,stormwater management facilities, water mains, street lighting, street trees, and
sidewalks shall be installed in accordance with the City standards.
C.Corners to be marked: EachEverycorner of each lot shall be marked by a land surveyor
registered licensedin the State of Iowa.
D.Open space: In subdividing property, consideration shall be given to the dedication of suitable
sites for parks, playgrounds, schools and other open space areas, so as to conform, as nearly as
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possible, to the Comprehensive Plan and the needs of the City and the adjacent area. Such
provision may be indicated on the preliminary and final plats for consideration by the
Commission and City Council when, whether, and in what manner such sites will be
dedicated to the public.
11.9 Recreational Open Space
The purpose of this section is to regulate the use and development of land so as to
assure that new developments provide for the health, safety and welfare of residents by
providing land for recreational open space in newly developing residential areas. Any new
major subdivision shall be required to provide open space as provided in this section. No
new plats for residential development shall be approved until the provisions of this section
are met.
11-9.1 Computation of Recreational Open Space Required
A.The amount of recreational open space required in a proposed development shall be
500 square feet per proposed detached single-family home and 300 square feet per
proposed multi-family unit. The multi-family dwelling unit rate applies to any
residential dwelling unit other than detached single-family dwellings. When a plat is
requested for mixed land uses, this paragraph shall apply only to those areas of the
plat devoted to residential uses.
B.The recreational open space may include waterways, detention/retention areas, and
ponds provided that those areas do not constitute more than 50 percent of the amount
of recreational open space required in paragraph A of this subsection.
C.Where the proposed subdivision abuts undeveloped lands, the recreational open space
land may be located adjacent to the subdivision boundaries with the undeveloped
land, at the discretion of the City Council, to allow the recreational open space to be
increased in size when the adjacent property develops.
11-9.2 Responsibility for Site Preparation
A.The subdivider or developer shall grade and seed the recreational open space.
B.Where the recreational open space is located adjacent to a street, the subdivider or
developer shall be responsible for the installation of utilities and other improvements
required along that street segment. The developer shall also provide utility service
laterals for water and sewer.
C.The subdivider or developer shall be responsible for installing satisfactory ground
cover and controlling erosion on recreational open space that has been disrupted as a
result of development activities.
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11-9.3 Ownership and Management
The recreational open space may be owned and managed by one or a combination of the
following:
i)A property owners’ association
ii)A non-profit conservation organization
iii)Public dedication
11-9PublicPark Land Dedication
The purpose of this section is to regulate the use and development of land so as to assure
that new developments provide for the health, safety and welfare of residents by providing land for
public parks within the city in newly developing residential areas. the effective date of this Code
shall be required to dedicate public park land to the City. No new plats for residential development
shall be approved until the provisions of this section are met.complied with.
11-9.1Computation of Public Park Land Required
The amount of public park land required to be dedicated in a proposed development shall be
500 square feet per detached single-family home and 300 square feet per multi-family unit. The
multi-family dwelling unit rate applies to any other residential dwelling unit other than
detached single-family dwellings.When a plat is requested for mixed land uses, thisparagraph
shall apply only to those areas of the plat devoted to residential uses.
The dedicated public park land may include waterways, detention/retention areas, and ponds
provided that those areas do not constitute more than 50percentof the amount of public park
land required in paragraph of this subsection.
Where the proposed subdivision abuts undeveloped lands, the dedicated public park land shall
be located adjacent to the subdivision boundaries with the undeveloped land, at the discretion
of the City Council, to allow the public park land to be increased in size when the adjacent
property develops.
11-9.2Responsibility for Site Preparation
The City may require the subdivider or developer to grade and seed those portions of the
dedicated land to be improved prior to dedication of the property and prior to the City
acceptance of the dedication.
Where the dedicated land is located adjacent to a street, the subdivider or developer shall
remain responsible for the installation of utilities and other improvements required along that
street segment. The developer shall also provide utility service laterals for water and sewer if
desired by the City.
Prior to dedication, the subdivider/developer shallbe responsible for installing satisfactory
ground cover and controlling erosion on the land to be dedicated that has been disrupted as a
result of development activities by the developer.
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11-9.3Payment of Fees in Lieu of Land Dedication
The payment of fees in lieu of dedication of land may occur at the request of the subdivider
with approval by the City, or may be required by the City. The payment of fees in lieu of land
dedication shall be reviewed and approved as part of the preliminary subdivision plat.
The Zoning Advisory Commission shall consider the request for payment of fees in lieu of land
dedication during the subdivision review process, and forward its recommendation to the City
Council.
11-9.4Fees in Lieu of Dedication,Criteria
The City may, at its discretion or the subdivider’s request, require the payment of fees in lieu of
the subdivider dedicating land, if the City finds that all or part of the land required for the
dedication is not suitable for public recreation and open space purposes, or upon finding that the
recreational needs of the proposed subdivision can be met by other park, greenway or recreational
facilities planned or in existence within reasonable proximity to the subdivision. The City shall
consider the following factors in making this determination:
Topographic and geologic conditions of the land available for dedication.
Size, shape, location of and access to the land available for dedication.
The character and recreational needs of the neighborhood where the subdivision is located.
The cost of developing open space and recreational areas in the subdivision.
The actual or potential development of open space and recreational areas on land adjacent to
the subdivision which will serve the needs of the subdivision.
Recommendations of staff and the Zoning Advisory Commission.
11-9.5Fees in Lieu of Dedication, Time of Payment
Fees in lieu of dedication shallbe paid in full by the subdivider prior to the issuance of the first
building permit for a lot in the subdivision.
11-9.6Fees in Lieu of Dedication, Amount of Payment
The fee in lieu of dedication shall be the equal to the fair market value of the undevelopedlandthat
otherwise would have been required for dedication. The fair market value of the undeveloped land
shall be determined by a qualified real estate appraiser, who is acceptable to both the City and the
subdivider. The City and Subdivider will equally share the appraisal costs.
11-9.7Fees in Lieu of Dedication, Use of Funds
All payments will be used to acquire or develop open spaces, parks, recreational facilities and
greenway trails that are located within reasonable proximity to the subject subdivision, and will
benefit the residents of that subdivision for which the payment has been made.
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The City must use the payment in lieu of dedication within five years from the date of receipt.
This will be automatically extended an additional five years i the subdivider has not
constructed at least 50percentof the units within the subdivision for which payment in lieu of
dedication has been made.
If the City has not spent the funds by the last day of the five year period, or, if extended by the
last day of the additional five years, the City shall, within 90 days thereafter mail to the
property owner at the address on file with the Dubuque County Assessor’s office, a
proportional refund based on the percentage of the platted lots they own of the total platted lots
in the subdivision.
11-10 Sustainable Subdivision Development Tools
A.After the effective date of this Code, the sustainable subdivision development tools apply to all
new major subdivisions.
B.After a preapplication conference, the subdivider shall submit a preliminary plat and other
written graphic materials necessary to demonstrate what sustainable subdivision tools will be
incorporated into the proposed subdivision.
C.New subdivisions shall achieve a minimum score of 40 points by utilizing the following list of
sustainable subdivision development tools:
Conservation Subdivision: Development is clustered to optimize open space, 40
preserve natural features, protect environmentally sensitive areas, and minimize
infrastructure demands.
Solar Subdivision: Development includes 70% “solar lots” that have a minimum 30
north-south dimension of 75 feet and a front line orientation that is within 30
degrees of the true east-west axis.
Cottage Design Subdivision: Development reflects traditional neighborhood 30
design, with smaller lots, reduced setbacks, narrower rights-of-way, smaller
building footprints, alleys and/or clustering.
The development incorporates walking/bike trails. These trails should be 15
connected to the development and trails outside the development to the greatest
extent possible.
Permeable street pavement throughout the subdivision. 15
Complete street design throughout the subdivision. 15
Rain gardens required by covenant for at least 80% of lots throughout the 10
subdivision.
Green Building Code compliance for 100% of dwelling units throughout the 10
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subdivision.
Green Building Code compliance for 50% of dwelling units throughout the 5
subdivision.
Native and regionally appropriate trees and vegetation are preserved or planted 5
which limits turf grass, limits water demand, improves infiltration or filtration, and
enhances the natural environment. Such vegetation is phased so denuded areas are
quickly vegetated. Turf grass should not exceed 30% of the landscaped area.
Specify the planting of trees on private property to increase site shading and 5
reduce energy needs for houses. Place trees that lose their leaves in the fall on the
south and west sides of the house to provide shade to lower cooling costs.
Evergreen trees planted on the north and west sides protect against winter winds,
which can help reduce heating costs.
The development implements innovative infiltration or filtration techniques such 5
as rain gardens, bioswales, French drains, etc.
Parkway/street trees are planted at approximately 35-foot intervals to reduce wind 5
speeds, help stabilize the soil, and improve air quality.
No curb and gutter on city streets with appropriate bioswales and sidewalks. The 5
development incorporates detention basins for property on-site stormwater
management. Retention basins can be used as an open water amenity feature for
on-site storm water management.
Use of any pavement that reduces the heat island effect throughout the 5
subdivision, such as light-colored concrete.
Other best management practices, as per City Planner or City Engineer. 5
11-11Smaller Lot DevelopmentConservation Subdivision
Conservation Subdivision: A development that is characterized by compact lots and common open
space, and where the natural features of the land are maintained to the greatest extent possible.
11-11.1 Conservation Subdivision Design Criteria
A.Land Suitability. Land may be developed unless it is unsuitable for any proposed use if
identified as being environmentally sensitive. Areas identified as being environmentally
sensitive include, but are not limited to:
1.All areas mapped as floodplain by the Federal Emergency Management Agency (FEMA)
or Iowa Department of Natural Resources, including a 75-foot buffer.
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2.All areas identified as wetlands by the Iowa Department of Natural Resources, including a
75-foot buffer.
3.Areas identified as wetlands by the Iowa Department of Natural Resources that are known
to provide habitat for rare, threatened or endangered species.
4.Historic buildings and sites, archaeological sites and burial sites.
B.Residential Lot Requirements
1.The lot configuration shall comply with the standards established by the existing zoning
district, unless a subdivision qualifies for a development bonus.
2.Lots shall be configured to minimize the amount of impermeable surfaces.
3.Most lots shall take access from interior local streets.
4.Lots shall be configured to minimize the amount of road length required for the
subdivision.
5.Development shall be configured to minimize loss of woodlands.
6.All lots within a neighborhood shall abut open space on at least one side. A local street
may separate lots from the open space.
7.Residential structures shall be oriented to maximize solar gain in the winter months.
8.Stormwater management best management practices (BMPs) shall be followed in
Section 11-10
conformance with the Sustainable Subdivision Development Tools in .
C.Residential Cluster Siting Standards:
1.Residential lots and dwellings shall be grouped into clusters. Each cluster shall contain no
less than five units.
2.Residential clusters shall be located to minimize negative impacts on the natural, scenic
and cultural resources of the site and conflicts between incompatible uses.
3.Residential clusters shall avoid encroaching on rare plant communities, high quality sites,
or endangered species environmentally-sensitive areas identified by the Iowa Department
of Natural Resources.
4.Whenever possible, open space shall connect with existing or potential open space lands on
adjoining parcels and local or regional recreational trails.
5.Residential clusters should be sited to achieve the following goals, to the extent practicable.
i.Minimize impacts to prime farmland soils and large tracts of land in agricultural use,
and avoid interference with normal agricultural practices.
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ii.Minimize disturbance to woodlands, wetlands, grasslands and mature trees.
iii.PreventMinimize downstream impacts due to runoff through adequate on-site storm
water management practices.
iv.Protect archaeological sites and existing historic buildings or incorporate them through
adaptive reuse.
D.Common Open Space Design
1.Open space may be designated as part of the development. The minimum required open
space to qualify for a development bonus is 40 percent of the subdivision.
2.Open Space Conservation Ranking (in order of significance). The areas to be preserved
shall be identified on a case-by-case basis in an effort to conserve and provide the best
opportunities to restore and enlarge the best quality natural features of each particular site.
i.First priority will be given to intact natural communities, rare and endangered species,
environmental corridors, natural and restored prairies, significant historic and
archaeological properties, and steep slopes.
ii.Second priority will be given to areas providing some plant and wildlife habitat and
open space values.
iii.Third priority will be given to areas providing little habitat but providing viewshed,
recreation, or a sense of open space.
3.The following areas or structures may be located within the open space area and shall be
counted toward the overall open space percentage required.
i.Parking areas for access to and use of the open space developed at a scale limited to the
potential users of the open space.
ii.Privately held buildings or structures provided they are accessory to the use of the open
space.
4.Road rights-of-way shall not be counted towards the required minimum open space.
5.No more than 50 percent of the required open space may consist of water bodies, ponds,
floodplain or wetlands.
6.That portion of open space designed to provide plant and animal habitat shall be kept as
intact as possible. Trails shall be designed to avoid fragmenting these areas.
1.7.A pathway system connecting open space areas accessible to neighborhood residents, and
connecting these areas to neighborhood streets and to planned or developed trails on
adjacent parcels shall be identified in the plan.
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8.The designated common open space and common facilities may be owned and managed by
one or a combination of the following:
i.A property owners’ association
ii.A non-profit conservation organization
iii.Public dedication
iv.An individual who will use the land for open space purposes as provided by a
conservation easement.
9.Public Dedication of Open Space. The City may accept the dedication of fee title or
dedication of a conservation easement to the common open space. The City may accept the
common open space provided:
i.The common open space is accessible to the residents of the city;
ii.The City agrees to and has access to maintain the common open space.
10.Individual Ownership. An individual may hold fee title to the land while a nonprofit or
other qualified organization holds a conservation easement uses for the common open
space.
11-11.2 Conservation Subdivision Development Bonus
In consideration for setting aside areas determined as environmentally sensitive, public
park land, and common open space, a conservation subdivision shall qualify for a development
bonus.
A.Development yield analysis. The subdivider shall submit a table showing the maximum
number of dwelling units that would be permitted by the underlying zoning designation,
consistent with the minimum lot size, lot widths, setbacks and other provisions of this Code
and compare it to the number of dwelling units proposed. Land that is undeveloped because of
other laws and ordinances that prohibit development in certain areas (e.g., floodplains,
wetlands, steep slopes, and drainageways) shall be excluded from the development yield
analysis.
B.Development Bonus. The development bonus shall equal the overall development density as
determined by the development yield analysis, plus 20 percent.
C.Smaller Lot Development. To accommodate a qualified development bonus, the subdivider
may submit a plat for smaller lot development. Despite the lot size, yard, and bulk regulations
of this Code, and any other applicable requirements of the City, the Zoning Advisory
Commission and City Council may approve a development bonus for conservation major
subdivisions with lot area and dimensions less than required by this Code, and those lots shall
be buildable, provided that:
1.The purpose of creating the conservationsubdivision with smaller than normal lots
A.
is to aid in the development of affordable housing, or to encourage and promote flexibility,
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economy, and environmental soundness in layout and design of residential developments
only;
2.It is the intent of this Section to allow lots that are smaller than normally allowed by
B.
the Subdivision Ordinancethis Code where all or most of the lots in the conservation
subdivision are of a similar size. It is not the intent of this Section to allow the creation of
small remnant lots in subdivisions where most lots meet the requirements stated herein;
3.No lot may be created that is so narrow, has such little area, or that is so irregularly
C.
shaped that it would be impractical, as determined by the Zoning Advisory Commission at
the time of the subdivision review, to construct a principal structure on it that:
a.Could be used for purposes that are permissible in that zoning district; and
1.
b.Would satisfy all applicable lot coverage and setback requirements for the zoning
2.
district in which the development is located.
The subdivision plat is approved by a 3/4 vote of both the Zoning Advisory Commission
D.
and City Council; and
E.No lot so created, with lot area and dimensions that are less than required herein, shall be
entitled to a variance from any bulk regulations of the Zoning Ordinance; in such a case,
the subdivider shall note on the plat creating the subdivision, which lots are not allowed a
variance.
11-12 Solar Subdivision
Solar Subdivision: A development that includes at least 70% “solar lots”, which have a minimum
north-south dimension of 75 feet and a front line orientation that is within 30 degrees of the true
east-west axis.
To facilitate solar access, streets in a solar subdivision shall be oriented in an east-west direction to
the maximum extent possible or to within 20 degrees of such orientation.This requirement shall
not apply to preliminary plats approved prior to the effective date of this Code, provided the final
plat of the preliminary plat is submitted within six (6) months, or to final plates submitted with six
(6) months of the preliminary plat approval or to portions of the subdivision where the applicant
demonstrates that:
A.There are other means of assuring solar access to lots in question, including but not limited to
cluster development on large parcels or through the use of building setback or solar access
easements.
B.Topographic conditions on or surrounding the land being subdivided make such orientation
unreasonable.
C.The shape and size of the property being subdivided make such orientation unreasonable.
D.Adopted storm water management plans or policies indicate a different street orientation.
E.Existing or approved future development contiguous to the subject property precludes adequate
solar access to the portion in question.
F.Existing street patterns contiguous to the subject property make such orientation unreasonable.
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G.Specific adverse environmental impacts would occur on the site if such orientation were
achieved.
H.Desirable street circulation patterns require some streets to be in a more north-south direction.
A.I.The final platting of only a portion of an approved preliminary plat precludes changes in
remaining portions of the preliminary plat which are necessary to provide adequate solar access
to the portion in question.
11-13 Cottage Design Subdivision
The following regulations apply to cottage housing developments (CHDs):
A.Bulk Regulations.
1.The minimum lot area for a CHD shall be 2,500 square feet.
2.The height limit permitted for structures in CHDs shall be eighteen (18) feet.
3.The ridge of pitched roofs with a minimum slope of six to twelve may extend up to 25 feet.
All parts of the roof above eighteen feet shall be pitched.
4.The maximum lot coverage permitted for principal and accessory structures in CHDs shall
not exceed fifty (50) percent.
B.Yards
1.Front yards. The front yard shall be ten (10) feet.
2.Rear yards. The minimum rear yard shall be ten (10) feet.
3.Side yards. The minimum required side yard shall be five (5) feet.
4.Court yards. Landscaped, usable common open space.
C.Number of units. The development shall have a minimum of six (6) dwelling units and no more
than twelve (12) dwelling units per court yard.
D.Dwelling size. Single-story dwellings in cottage developments shall not exceed eight hundred
(800) square feet. Two (2) story structures shall not exceed a total square footage of one-
thousand two hundred (1,200) square feet.
E.Required court yard.
1.A court yard shall be provided that abuts the front, rear, or side yards of at least 50% of the
cottage units.
2.A minimum of four hundred (400) square feet per cottage unit of court yard is required.
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Section III – Land Development Regulations Article 11 – Land Subdivision
3.All of the cottage units shall be within 60 feet walking distance of the court yard, and the
court yard shall have cottages abutting at least two sides.
F.Parking
1.One (1) space per dwelling unit and 0.5 spaces per cottage unit for visitor parking shall be
required.
2.Location.
i.Parking shall be on the CHD property.
ii.Parking may be in or under a structure or outside a structure, provided that:
(1)Visitor parking is screened from direct street view by garage doors, or by a
screening fence and/or landscaping.
(2)Parking between structures is only allowed when it is located toward the rear of the
principal structure and is served by a private driveway.
(3)Parking may not be located in the front yard.
(4)Parking may be located between any structure and the rear lot line of the lot or
between any structure and a side lot line which is not a street frontage.
G.Project Review
Cottage housing developments are reviewed through the City’s Subdivision Review
A.
Procedure.
11-14 Blocks and Lots
A.Numbering: All blocks and lots shall be numbered systematically for identification.
B.Lot and Area Dimensions: The minimum area and dimensions for lots shall conform to the
applicable requirements of the area regulations of this Code. All lots shall front on a public
street or an approved private street. Lots with double frontages shall not be permitted unless
one frontage is an arterial street without access rights. Triangular lots shall be avoided
whenever possible.
C.Lot Lines: In so far as practical, the side lot lines shall be perpendicular to the street on which
the lot fronts.
D.Remnant Lots: In cases where irregularity of ownership or street lines would produce remnant
lots less than the minimum area required by this Code, such area shall be added to adjoining
lots.
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Section III – Land Development Regulations Article 11 – Land Subdivision
E.Exceptional Sized Lots: When the tract is subdivided into parcels larger than the usual building
lots, such tract shall be divided so as to allow for the opening of streets and such parcels shall
be multiples, in area, of units not less than the lot areas required by this Code.
F.All blocks which exceed 1,000 feet in length shall be provided with a mid-block pedestrian
access easement. Mid block pedestrian access easements shall be provided to enhance
connectivity within and between residential areas. Easements shall be provided in all blocks
where the City Planner determines, that due to topography, physical constraint, or excessive
block length such easement would benefit the health and welfare of the public.
11-15 Streets
B.A.General: The arrangement of arterial and collector streets shall conform to the circulation
plan of the Comprehensive Plan. For streets not shown in the Comprehensive Plan, the
arrangement shall provide for the appropriate extension of existing streets. Private streets shall
conform to City standards for private streets.
C.B.Right-of-Way:
1.The right of way shall be measured from lot line to lot line and shall be sufficiently wide to
contain the street pavement, curbs, shoulders, sidewalks, utilities, street lighting and street
trees placed within the right of way.
2.The right-of-way width of a new street that is a continuation of an existing street shall in no
case be continued at a width less than that of the existing street. The right-of-way width
shall vary with street classification according to the City standards.
3.Dedication of half-street right-of-way is discouraged but may be approved by Commission
and City Council to serve the public interest. Lots abutting on such right of way shall be
nonbuildable until the remainder of the street is dedicated to the public.
D.C.Street Classification:
1.Streets shall be classified by the City Engineer as arterial, collector, local or alley. The
street hierarchy shall be defined by the City Engineer based on road function and average
daily traffic in accordance with the City standards.
2.Each street shall be classified and designed for its entire length to meet the standards for
one of the street types defined in the City standards.
3.The owner shall demonstrate to the Zoning Advisory Commission's and CityCouncil's
satisfaction that the distribution of traffic to the proposed street system will not exceed the
requirements set forth in the City standards.
E.D.Street Width: Street width shall consider possible limitations imposed by sight distances,
climate, terrain, and maintenance needs. To minimize street costs, the minimum width assuring
satisfaction of needs shall be selected. Street widths for each street classification shall conform
to the City standards.
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Section III – Land Development Regulations Article 11 – Land Subdivision
E.Pavement Standards: Street pavement thickness shall vary by street classification, subgrade
properties and pavement type as specified in the City standards.
F.Street Alignment: Arterial and collector streets shall be continued in as direct an alignment as
topography and other conditions permit. Local streets shall conform to the prevailing
topography of the subdivision.
G.Street Grades: The minimum gradient for all streets shall be one-half percent. The maximum
gradient for arterial streets shall be eight percent; for collector streets 10 percent; and for local
streets 12 percent. Grades of up to 15 percent may be allowed on secondary access, local
streets with the approval of the Zoning Advisory Commission and City Council. The grade
within the circle of a cul-de-sac shall be no more than four percent.
H.Names of Streets: Streets that are aligned with existing or platted streets, or essentially so, shall
bear the names of the existing streets. Names for new streets shall not duplicate in spelling, nor
sound phonetically similar to existing street names in the City or County of Dubuque. Street
names shall be approved by the Commission and City Council.
I.Easements: Easements shall be provided as determined necessary for public utility
requirements. Public utility easements shall measure at leastbe a minimum of 10 feet oneither
side of the utility linein width and may vary as needed.while sStorm sewerand sanitary sewer
easements and water main easements shall be at leasta minimum of 20 feet in width.
J.Curbs:
i.Curb requirements and construction shall be in accordance with the City standards.
ii.Where curbing is not required, as in planned developments or within two miles of the
City limits, edge definition and stabilization shall be furnished as recommended by the
City Engineer. Shoulders and swales shall be reviewed on a case-by-case basis with the
City Engineer.
iii.Curbing shall be designed to provide a ramp for wheel chairs and handicapped access
as required by state and federal law and City standards.
K.Complete Streets Policy. Reserved for future use.
11-16 Sidewalks
A.Sidewalks shall be required on all public street frontages and constructed of concrete or
permeable pavement in accordance with the City and ADA standards.
B.Sidewalks shall be placed fourfivefeet behind the curb parallel to the street, unless an
exception has been permitted by the City Engineer to preserve topographical or natural features
or to provide visual interest, or unless the subdivider shows that an alternative pedestrian
system provides safe and convenient circulation.
C.In planned developments, sidewalks may be located away from the road system to link
dwelling units with other dwelling units, the street and on-site activity centers such as parking
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Section III – Land Development Regulations Article 11 – Land Subdivision
areas and recreational areas. They may also be required parallel to the street for safety and
other reasons.
D.Sidewalk Installation: Sidewalk installation shall be the responsibility of the owner of property
abutting the public right of way. This responsibility shall extend to all successors, heirs and
assignees. Sidewalk installation will notshall be required untilwhenthe development of a lot
has been completed.In sparsely developed subdivisions, sidewalks on developed lots will not
be required until 50 percent of the lots approved by the plat have been developed. All vacant
lots shall have sidewalks installed upon development of 80 percent of the lots approved
byshown on the approved final plat.
11-17 Bikeways
E.
A.Separate bicycle paths shall be required only if such paths have been specified as part ofin
accordance with the Comprehensive Plan.
B.Bicycle lanes, where required, shall be placed in the outside lane of a roadway adjacent to the
curb or shoulder. When on-street parking is permitted, the bicycle lane shall be may share
betweenthe parking or travel lanewhere feasible. and the outer lane of moving vehicles. Lanes
shall be delineated with markings, preferably striping. Raised reflectors or curbs shall not be
used.
11-18 Utility Location
C.
Utilities and street trees shall generally be located within the right-of-way on both sides of and
parallel to the street, in accordance with the City standards.
11-19 Street Trees
Street trees shallgenerally be located within the right-of-way on both sides of and parallel to the
Section 45-17
street, in accordance withthe City standards of the Dubuque City Code and the City
of Dubuque Street Tree and Landscaping on Public Right-of-Way Policy.Street trees may also be
placed outside the public right-of-way, in accordance with the City standards.
11-20 Water Supply
A.All water supply installations for major and minor subdivisions in the City limits shall be
properly connected with an approved and functioning public water supply system.
B.If a public water supply system is to be provided to the area within a three year period as
indicated in the Comprehensive Plan, the City Council may require installation of a capped
system within the street or road right of way; or the City Council may require a payment in
lieu of the improvement.
C.All proposals for new public water supply systems or extensions to existing public water
systems, or the use of wells and other water sources, shall be approved by the UtilitiesWater
Department Manager.
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Section III – Land Development Regulations Article 11 – Land Subdivision
D.The water supply system shall be adequate to handle the necessary flow based on complete
development of the subdivision and extensions of the system to areas beyond the subdivision.
Water supply system design and placement shall comply with the City standards.
E.Fire hydrant size, type, location and installation shall comply with the minimum City
standards.
11-21 Sanitary Sewer
F.
A.All sanitary sewer installations for major and minor subdivisions shall be properly connected to
an approved and functioning sanitary sewer system in accordance with the City standards.
B.If a public sanitary sewer system will be provided to the area within a three year period as
indicated in the Comprehensive Plan, the City Council may require installation of a capped
system within the street or road right of way; or the City Council may require a payment in lieu
of the improvement.
C.All proposals for new public sanitary sewer systems, extensions to existing public sanitary
sewer systems or the installation of a capped system, or use of individual subsurface disposal
systems, shall be approved by the City Engineerand Utilities Manager.
D.The sanitary sewer system shall be adequate to handle the necessary flow based on complete
development of the subdivision and extensions of the system to areas beyond the subdivision.
Sanitary sewer system design and placement shall comply with the City standards.
11-22 Stormwater, Grading and Erosion Control
E.
A.Design of the stormwater, grading and erosion control management system shall be consistent
with general and specific concerns, values, and standards of the Comprehensive Plan and
applicable County, regional, and State storm drainage control programs. Design shall be in
accordance with the City standards and this Code.
B.The best available technology shall be used to minimize the impact to adjacent properties, off-
site stormwater runoff, increase on-site infiltration, encourage natural filtration functions,
simulate natural drainage systems, and minimize off-site discharge of pollutants to ground and
surface water, in accordance with the City standards, this Code, State and Federal regulations.
Chapter 44
C.Preliminary and final grading and erosion control plans shall comply with this of
the Dubuque City Code and the City standards.
11-23 Obligation to Install Improvements
Installation of Improvements:PublicImprovements including streets, sanitary sewers, stormwater
management facilitiessewers, water mains, street lightsing, street trees, and sidewalks shall be
installed by the owner in accordance withthe City standards, the approved final plat, and the
approved improvement plans. Improvements shall be installed within the timeframe specified in
the resolution approving the final plat and improvement plans.
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Section III – Land Development Regulations Article 11 – Land Subdivision
11-24 Improvement Guarantees
A.Application: Before the recording of final plats, or as a condition of approval of final plats, the
Commission and City Council shall require the following guarantees:
1.The furnishing of a performance guarantee by the owner in an amount not less than 110
percent of the cost of construction of publicrequired improvementsby the owner. Upon
determination by the City Engineer that a publicrequired improvement is substantially
complete, the amount of such guarantee shall be reduced to 25 percent of the cost of
construction of the publicrequired improvement. “Substantially complete” shall mean that
thepublicrequired improvement has been inspected by the City Engineer and determined
by the City Engineer to be constructed in accordance with the approved plans and
specifications; and
2.Provision for a maintenance guarantee in the amount of 25 percent of the cost of the
publicrequired improvements by the owner for a period of two years after final acceptance
of the improvements by the City Council; and
3.Payment of City inspection fees forThe owner shall paypublic improvementsrequired
inspection fees equal to shall be based upon three percent of the construction costs of the
publicrequired improvements.
B.Time Extension: The time allowed for installation of the improvements for which the
performance guarantee has been provided may be extended by theCommission and City
Council by resolution.
C.Inspection: Upon completion of all required improvements, the owner shall notify the City
Engineer, in writing, of the completion of improvements, and shall send a copy to the City
Planner. The City Engineer shall inspect all improvements of which such notice has been given
and shall file a detailed report, in writing, with the City Manager and property owner,
indicating either approval or rejection of such improvements with a statement of reasons for
any rejection.
D. Performance and Maintenance MechanismsGuarantees: Performance and maintenance
guarantees may be provided by a variety of means subject to the approval of the City including,
but not limited to, the following:
1.Surety Bond: The owner may obtain a surety bond from a surety bonding company
authorized to do business in the State; or
2.Letter of Credit: The owner may provide an irrevocable letter of credit on a form provided
by the City and from a financial institution acceptable to the City; or
3.Escrow Account: The owner may deposit cash, or cash equivalent, either with the City, or
with a financial institution acceptable to the City, pursuant to an escrow agreement
acceptable to the City; or
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Section III – Land Development Regulations Article 11 – Land Subdivision
4.Certificate of Deposit: The owner may deposit a certificate of deposit in the name of the
City, with a financial institution acceptable to the City.
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Section III – Land Development Regulations Article 12 – Site Plans
Article 12: Site Plans
12-1 Purpose
The site plan review provisions of this section are intended to promote functional and aesthetic
design of property development within the City. These provisions are intended to alleviate the
potentially harmful effects on adjoining land of new development by encouraging .Such
provisions can produce site plans that respect their environmental, land use and economic context.
Regulations of this section should ensure that new structures, utilities, streets, parking, circulation
systems, yards and open spaces are designed in the most efficient, attractive and harmonious
manner.
12-2 Application and Scope
Moratorium B For Site Plans In The Iowa 32 (Southwest Arterial) Corridor: The city
A.
planner shall not issue conditional or final approval forany site plan filed for property in the Iowa
32 (southwest arterial) corridor that lies within the corporate limits of the City, as delineated on the
drawing attached to ordinance 33-03, from the effective date of this section to May 1, 2004, except
wherea vested right to the issuance of such approval accrued to any person, firm or corporation as
a matter of law prior to the effective date of this section.
Application and Scope of Site Plan Review and Approval
: 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 hereafter be carried out only in substantial conformance with the approved site
plan and any conditions or restrictions attached thereto. Any substantial deviation fromMaterial
changes shall not be made to an the approved site plan without the approval of the City, unless
approved in advance by the City Planner, shall be deemed a violation of this Code.NoA
permanent Certificate of Occupancy occupancy permits for a new development shall be not
issued until all storm water control, sanitary sewer, water mains, off street parking facilities
and all other site plan requirements have been constructed and approved by the City, and are
fully operational.
12-3 Development Activities Subject to Site Plan Review
B.A.Site plan review is required for cConstruction or expansion of any building, structure or
freestanding sign except single-family detached dwellings, duplexes and townhouses of not
more than two units and permitted accessory structures to a single-family dwelling or duplex.
however, driveways Driveways to said single-family and duplex dwelling units, garages and
Article 2
carports shall be paved with a hard surface as defined in .
C.B.Any change, alteration or modification in a structure or use which would require the
provision of additional off street parking spaces, additional lot area, or other substantial change
in zoning requirements applicable to such structure or use.
D.C.The construction or creation of any parking lot or the expansion of any existing parking lot.
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Section III – Land Development Regulations Article 12 – Site Plans
12-4 Administrative Waiver, When Permitted
The City Planner may waive the requirements for site plan review for any development activity
within the scope of this Article where the City Planner reasonably believes that such a waiver will
not adversely affect the purposes and intent of this Code.
12-5 Site Plan Review Procedures
A.Applicants for site plan review shall meet with the City Planner or the City Planner's designee
prior to submission of a site plan. The purpose of this meeting is to acquaint the applicant with
site development standards and procedures. This meeting shall also serve to allow the applicant
to present the scope and nature of the proposed project to the City Planner.
B.Following the initial meetingwith the City Planner or the City Planner's designee, the applicant
may submit a completed site plan for review.
12 -6 Site Plan ApplicationRequirements
All applications for site plan review shall be prepared to show all information currently required by
the City, a list of which shall be available from the Planning Services Department. At least foursix
copies are required for all site plan sheets, drawings and written information.The City Planner
shall submit one copy to the City Engineer and one copy to the City Plannerfor their permanent
records. The City Planner shall coordinate review of the submitted site plan with appropriate City
Departments.
A.The City Engineer shall approve and regulate the construction of new streets, driveways, curb
cuts and other paved surfaces, and storm water facilities, sanitary sewer and erosion control
measures and facilities.
B.Within 14 working days of receiving a site plan, the City Planneror the City Planner's
C.
designee shall notify the applicant of any approval, conditional approval or disapproval. In
cases of conditional approval or disapproval, written notification shall be given for the reasons
of such action. In those site plans which propose the construction of new streets, driveways,
curb cuts and other paved surfaces.devoted to vehicular use, theCity Planner shall first obtain
the advice and comment of theCity Engineer prior to any action.
The City Planner shall review the site plan for consistency with City planning policies and
D.
objectives and compliance with zoning regulations and standards. Development activity shall
not commence until the site plan is approved.
C.Site plan approvals are valid for a period of two years from the date of approval, during
E.
which time . Within this two year time frame, a building permit must be applied for. The City
Planner shall have the authority to grant a maximum of one1-year extension for a period of up
to 12 months, provided the approved site plan is still in compliance compliant with all current
City codes and ordinances.
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Section III – Land Development Regulations Article 12 – Site Plans
F.D.One copy of the approved site plan shall be returned to the applicant. One copy of the
approved site plan shall remain in the records of the City Planner on file in the Planning
Services Department.
12-7Site Plan Appeals
The site plan review applicant, any aggrieved citizen, or any two members of the Zoning Advisory
Commission may, upon notice, appeal in whole or in part, any determination or decision of the
City Planner made within the scope of this Section, including a decision to waive site plan review
Section 12-3
made pursuant to . Appeal is without cost and shall be made by delivery of written
notification of the appeal to the Planning Department within the 15 days immediately following
the decision or determination from which appeal is sought.
The Zoning Advisory 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 affirmative vote of at least
four commissioners shall be necessary to affirm, overturn, or modify the decision from which
appeal is sought. At the Commission meeting, the appealing party or parties and all other interested
parties shall be presented a reasonable opportunity to present their views. Following the appeals
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 Zoning Advisory Commission may be
appealed to the Zoning Board of Adjustment in the same manner as appeals from a decision of an
administrative officer.
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Section III – Land Development Regulations Article 13 – Site Design Standards
Article 13: Site Design Standards
13.1 Intent
These Site Design Standards are established in order to achieve the following goals:
A.Provide standards for the orderly development of the City and the promotion of quality
sustainable development;
B.Implement the goals, objectives and policies of the Comprehensive Plan related to quality
development and neighborhood compatibility;
C.Maintain and protect the value of property;
A.D.Maintain a high quality of life without significantly increasing public or private costs for
development or unduly restricting private enterprise, initiative, or innovation in design.
E.Ensure that the The placement of buildings, structures, fences, lighting and fixtures on each
A.
site shall not interfere with traffic circulation, safety, appropriate use and enjoyment of
adjacent properties.
Adequate illumination shall be provided to parking lots, sidewalks and other areas for
B.
vehicular and pedestrian circulation.In no case shall illuminating devices be placed above
15 feet in height in a residential district.
Section16-6.1
All parking spaces shall be clearly marked in accordance with , "Parking Lot
C.
Design Standards", of this section. Signs and pavement markings shall be used as
appropriate to control traffic access and egress.
All areas designed for vehicular use shall be pavedsurfacedwith a minimum of either an
eight inch rolled stone base and two and one-half inch asphaltic concrete mat, a six inch
Portland cement concrete pavement, or other equivalent pavement approved by the City.
The paving surface must be so designed and maintained as to allow prompt and effective
drainage of natural precipitation. No water drainage across sidewalks shall be allo
Ensure that, wherever Whereverreasonably practical, all utility service transmission systems,
including, but not limited to, water, sewer, natural gas, electrical, fiber optic,and telephone lines
shall be placed underground.
F.preserve Preserveand enhance property values by ensuring that yards, open spaces, parking
lots and public rights of way are designed and maintained with respect to plants and landscape
materials.
G.This section also intends that propertyEnsure that development shouldrespects land
capabilities and constraints, minimizes erosion and destruction of natural amenities, and
reduces conflicts between lands and uses.
4-5.2. Application And Scope:
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Section III – Land Development Regulations Article 13 – Site Design Standards
No new structure, building or parking lot shall be constructed unless in compliance with the
landscape and screening standards of this section.
4-5.3. Landscape Area Requirements:
(1) Single-family and two-family dwellings shall maintain a minimum of twenty percent (20%)
of lot area as a permeable and uncovered surface that contains living material. Single-family
and two-family dwellings shall be exempt from other requirements of this section.
(2) All other uses shall provide and maintain a landscaped area that equals or exceeds the
greater area of the following:
13-2 Applicability
New Development:Section 12-3
A. Development requiring a site plan under on a site that is
vacant or substantially cleared real estate, and not in a special development area, shall comply
with the Site Design Standards set forth herein.
Redevelopment:Section 12-3
B. Development requiring a site plan under on a site with
improved real estate, involving partial clearance of 25 percent or more of the building area
and/or expansion of 25 percent or more of the building area existing at the time of adoption of
this Code, and not in a special development area, shall comply with the Site Design Standards
set forth herein.
Special Development Areas:Section 12-3
C. Development requiring a site plan under that is in
one of the following special development areas may be subject to design standards or
guidelines in addition to or in lieu of the Site Design Standards set forth herein, as follows.
1.Urban Renewal Districts. These districts have planning and other criteria that may take
precedence over the Site Design Standards set forth herein.
2.Port of Dubuque Design Standards. This area has design standards that take precedence
over the Site Design Standards set forth herein.
3.Planned Unit Development (PUD) Districts. These districts may have site development and
performance standards that may take precedence over the Site Design Standards set forth
herein.
Article 10
4.Historic Districts, as regulated by , have design guidelines that take precedence
over the Site Design Standards set forth herein.
5.Old Town Neighborhood District Overlay. This overlay area has design guidelines that
take precedence over the Site Design Standards set forth herein.
6.Downtown Design Guidelines. These guidelines apply to the designated downtown area in
accordance with City policy, and take precedence over the Site Design Standards set forth
herein.
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Section III – Land Development Regulations Article 13 – Site Design Standards
Waiver from Site Design Standards:
The Zoning Advisory Commission shall have the
D.
Article 13
power to grant such waivers from the Site Design Standards of this , as may be
reasonable and within the general purpose and intent of the site plan review and approval
provisions of this Article if the literal enforcement of one or more provisions of this Article
is impracticable or will exact an undue hardship because of peculiar conditions pertaining
to the land in question. The affirmative vote of at least four commissioners shall be
necessary to grant a waiver. The waiver may be granted subject to such conditions as the
Commission may establish to ensure the general purpose and intent of the provisions of this
Article are followed. At the Commission meeting, the applicant and all other interested
parties shall be presented a reasonable opportunity to present their views. Decisions of the
Zoning Advisory Commission may be appealed to the Zoning Board of Adjustment in the
same manner as appeals from a decision of an administrative officer.
13-3 Site Development Requirements
13-3.1 Site Lighting
A.The following site features shall be illuminated by an exterior light source:
1.Driveways and loading facilities; and
2.Pedestrian walkway surfaces and entrances to buildings;
B.The location and design of site lighting shall conform to the following:
1.All exterior lighting shall be designed, installed and maintained so as not to cause glare or
to shine in adjacent lots and streets;
2.No light sources shall provide illumination onto adjacent lots, buildings or streets in excess
of 1 foot candle;
3.All exterior lighting luminaries shall be designed and installed to shield light from the
luminaire at angles above 72 degrees from vertical;
4.Fixtures mounted on a building shall not be positioned higher than the roofline of the
building;
5.Wooden utility type poles are acceptable only for temporary use during construction; and
6.All electrical service lines to posts and fixtures shall be installed underground and
concealed inside the posts.
13-3.2 Utility Locations
Service lines and mechanical equipment for utilities shall be located in accordance with the
following requirements:
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Section III – Land Development Regulations Article 13 – Site Design Standards
A.Service Lines: All electrical, telephone, cable, and other similar utility lines serving the
building and other site features shall be located underground.
B.Mechanical Equipment: All roof-mounted and ground-mounted electrical transformers,
switching gears, relay boxes, meters, air conditioning units, heat pumps and other similar
mechanical equipment shall be screened from view to the height of the equipment. Roof-
mounted mechanical equipment shall be screened in such a manner that it will appear to be an
integral part of the building’s overall architectural design.
13-3.3 Stormwater Management
A.Stormwater management systems shall be designed in accordance with the requirements of
Chapter 44, Article V
of the Dubuque City Code, as amended. The site, including parking
lots, shall be developed using two or more of the following low-impact development tools or
other best management practices approved by the City Engineer:
Reduced lot grading:
1.Ground-slope reduction outside the immediate perimeter of a
building (where foundation drainage is not a concern) to promote stormwater infiltration or
filtration.
Check dams:
2.Where narrow areas and/or excessive grades force the construction of less
than ideal steep swales, rock check dams can be added to slow flows, minimize erosion,
and improve infiltration or filtration.
French drains and soak-away pits:
3. Rock-filled trenches that promote rapid infiltration or
filtration.
Green roofs:
4.Vegetated roofs that reduce run-off, improve energy efficiency, and create a
green amenity.
Microbasins:
5.Small depressions to create longer flow paths or localized depressions to
encourage longer standing-water periods and infiltration or filtration.
Permeable pavements:
6.Open-graded, permeable asphalt pavement; open-cell unit pavers;
and porous concrete—typically used in parking lots and low-traffic areas— to provide
storage space and another infiltration or filtration route for stormwater.
Rainwater harvesting systems:
7.Cisterns and rain barrels that harvest water from roof
drains and downspouts for landscape watering and nonpotable uses.
Sidewalks and drives sloped toward open space
8.: A tool to provide water for site
vegetation, which slows surface water flow, improving infiltration. This technique
eliminates the need for curbs, gutters, and catch basins, and the open space slows the
transport of untreated water and associated pollutants while reducing construction costs.
Bioswales:
9.Vegetated swales with amended soil backfill and underdrains to improve
infiltration or filtration.
Native plantings:
10. Use of native plants to reduce the need for irrigation and reduce runoff.
Native plants also slow runoff and improve infiltration or filtration with their deep, fibrous
root systems.
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Open water features:
11.To reduce runoff through evapotranspiration, improve habitats, and
create attractive community amenities.
Rain gardens:
12.Landscape depressions filled with amended, permeable soil and native,
deep-rooted, moisture-tolerant plants to promote infiltration or filtration.
Swales:
13.Serpentine, vegetated drainageways that convey water slowly and improve
.
infiltration or filtration
Trees and other plantings:
14.Landscaping to intercept rainfall, reduce erosion, improve
infiltration or filtration, slow runoff, and reduce peak flows.
Tree filters:
15.Systems that divert a portion of parking lot stormwater from gutters into tree
planters, where water infiltrates amended soils and surrounds plant roots.
Vegetative buffers:
16.Bands of native plantings that intercept runoff from developed areas
before it reaches detention basins or natural water courses (for pretreatment).
13-3.4 Parking Structures
Parking decks and ramps shall be designed in compliance with these design standards in
order to appear compatible with and similar to other nonresidential buildings:
A.The ground floor facade abutting any public street or sidewalk shall be designed and
architecturally detailed to resemble a commercial or office building.
B.Where possible, the ground floor abutting a public street or sidewalk should include
commercial or office uses.
C.The design of upper floors shall ensure that sloped floors do not dominate the appearance of
the facade.
D.Windows or openings shall be provided that mimic those of nearby buildings.
13-3.5 Parking Lot Layout
A.All parking lots and driveways shall be hard surfaced. Parking on gravel, dirt or unreinforced
turf is prohibited.
B.Parking lot edges and planting islands may be defined by concrete curb and gutter and/or
incorporate approved biofiltration methods. Parking spaces shall be defined with painted
striping or other approved methods.
C.Off-street parking shall be located to the rear and/or side of buildings, when practical. When
parking or parking access must be located in the front yard, a landscaped buffer shall be
provided.
D.Parking bays in excess of 11 spaces in length shall provide landscaping at the ends of each
Section 13-4.6.E.
aisle in accordance with Parking bays in excess of 20 spaces in length shall
be divided by intermediate landscaped islands, and provide landscaping at the ends of each
aisle.
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E.Where perpendicular parking spaces are used, the space adjacent to the closed end of an aisle
shall be a minimum of 10 feet wide.
F.An adequate driveway throat length shall be provided to minimize traffic conflicts; the
driveway throat length shall be the distance between the street and the parking lot served by a
driveway. Parking spaces shall not be permitted within the driveway throat. Driveway throat
lengths for commercial and industrial uses shall be determined by the City Engineer.
G.Parking spaces shall be provided and located as required by the ADA standards for
accessibility.
H.Parking lots which will be developed in phases require a phasing plan to identify all current
and future parking lot requirements. Parking areas should be constructed incrementally to
match land use build-out schedules.
13-3.5.1 Parking Lot Provisions for Bicycle Parking
Section 14-8
A.Bicycle parking shall be required in accordance with .
B.Bike racks for parking at least three bicycles shall be provided within 40 feet of the main entry
Section 14-8
of commercial, mixed-use and public buildings when required by .
C.Bicycle parking areas shall provide a minimum clearance between parked bicycles and
adjacent walls, poles, landscaping, and pedestrian walkways of at least three feet, and a
minimum clearance between parked bicycles and vehicle parking spaces and drive aisles of at
least five feet.
13-3.5.2 Parking Lot Lighting
The location and design of parking lot lighting shall conform to the following:
A.All surface parking lot lighting shall be designed, installed and maintained so that no light
sources shall provide illumination onto adjacent lots, buildings or streets in excess of one foot
candle;
B.All exterior lighting luminaries shall be designed and installed to shield light from the
luminaire at angles above 72 degrees from vertical;
C.Fixtures mounted on a building shall not be positioned higher than the roofline of the building;
D.Wooden utility type poles are acceptable only for temporary use during construction; and
E.All electrical service lines to posts and fixtures shall be installed underground and concealed
inside the posts.
13-3.5.3 Standard Parking Space Dimensions
A.The standard size parking stall should be at least nine (9) feet wide and eighteen (18) feet long.
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STANDARD-SIZE CAR REQUIREMENTS (AASHTO standard)
DegreeStall Width Curb LengthStallStallAisle Width 1-Island
ofDepthLengthway / 2-way Width
AngleABCDEF
08.5’23’----13’/24’--
459’12.7’19.8’19’13’/13’33.2’
609’10.4’21’19’18’/18’37.4’
909’9’18’18’24’/24’36’
B.If parking stalls for compact cars are allowed, the stall dimensions should be at least seven (7)
feet six (6) inches wide and sixteen (16) feet long.
STANDARD COMPACT CAR REQUIREMENTS
DegreeStall Width Curb LengthStallStallAisle Width 1-Island
ofDepthLengthway / 2-way Width
AngleABCDEF
07.5’16’----13’/24’--
458’11.3’17’16’13’/13’28.3’
608’9.2’17.8’16’18’/18’31.7’
908’8’16’16’24’/24’32’
13-3.6 Sidewalks and Walkways
A.Continuous sidewalks a minimum of four feet wide shall be provided along all public street
frontages.
B.Clearly defined and lighted pedestrian walkways shall extend between parking areas and all
building entrances.
C.All sidewalks and walkways shall meet the ADA standards for accessibility.
13-4Application And ScopeofLandscaping and Screening Requirements:
13-4.1 Intent
The landscaping and screening requirements of this section are intended to promote attractive and
harmonious growth of the city. Landscaping is a fundamental component of property
development. These provisions are intended to preserve and enhance property values by ensuring
that yards, open spaces, parking lots and public rights-of-way are designed and maintained with
respect to plants and landscape materials. This section also intends that property development
should respect land capability and constraints, minimize erosion and destruction of natural
amenities and reduce conflicts between lands and uses.
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13-4.2 Application and Scope
No new structure, building or parking lot shall be constructed unless in compliance with the
landscape and screening standards of this section.
13-4.3 Landscape Area Requirements:
(1) Single-family and two-family dwellings shall maintain a minimum of twenty percent (20%) of
lot area as a permeable and uncovered surface that contains living material. Single-family and two-
Section 13-4
family dwellings shall be exempt from other requirements of .
(2) All other uses shall provide and maintain a landscaped area that equals or exceeds the
Section 13-4.
requirements of greater area of the following:
13-4.4Site Landscaping
A.Major site plans shall include a landscaping plan indicating how existing topography, natural
features, and vegetation will be integrated into the overall site development. A conceptual
landscape plan shall be submitted and approved prior to final site plan approval. A detailed
landscape plan shall be submitted and approved prior to the issuance of a Certificate of
Occupancy. All landscape plans shall be prepared to show the information required by the
Planning Services Department.
B.Street trees planted in the public right-of-way shall not be counted toward fulfillment of the
minimum site requirements for number of trees.
C.Existing trees to be retained on site may be counted toward fulfillment of the landscaping
requirements.
Section 13-4.6
D.Parking lot landscaping requirement in shall not be counted toward fulfillment
of the minimum site landscaping.
required
E.The minimum permeable area shall be 20% of the entire site under review.
F.The following is the minimum landscaping requirement of trees and shrubs, by number, and
the type of ground cover required for the entire site under review. Plant species used for
landscaping shall be in accordance with street tree and plant lists approved by the City.
required
1.Minimum tree planting requirements shall be one (1) tree per 1,600 square feet of
permeable area. Minimum tree size shall be at least 1-1/2 inch caliper measured six inches
from the base of the tree for a deciduous tree and 6-feet in height for a coniferous tree.
2.Minimum shrub requirements at the time of planting shall be 6 shrubs, or 1 shrub per 1,000
required
square feet of permeable area, whichever is greater. Shrubs shall be a minimum
of 18 inches in height or a minimum of 3-gallon potted.
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13-4.5Preservation of Existing Trees
1.Existing trees, when located appropriately, may be used to comply with the requirements for
buffer yards, street trees, and to meet the tree requirements for parking areas. Existing trees
used to satisfy these requirements shall be in good health prior to and following site
development.
2.The same minimum separation distances that are required of new plantings must be observed
when possible; except, that existing groupings of two or more trees may be preserved. Trees or
branches must be removed from such groupings in the interest of public safety and/or to assure
survival of the specimen.
3.The roots of a tree must be protected during site development with barrier fencing extending at
least as far as the drip line of the tree. Any limbs that might be damaged during construction
must be pruned.
4.No paving or construction shall be allowed within the drip line of a preserved tree.
5.Any preserved tree that dies shall be replaced by the same number of trees for which it
substituted during the same or immediately following planting season.
6.The schedule below shows the acceptable substitution ratio for existing trees to required trees.
Diameter of Existing TreeSubstitution Value
36 inches or more3 required trees
12 to 35 inches2 required trees
2 to 12 inches1 required tree
The substitution value for groupings of trees approved by the City shall be based upon the
diameter of the largest tree in the group.
13-4.6Parking Lot Landscaping
A.A landscaped buffer strip shall be provided along the frontage of all surface parking areas at
least 10 feet wide along the public right-of-way. The buffer strip shall consist of shade trees,
low shrubs, and/or perennial flowers, and/or other plant materials approved by the City
Planner. Landscaped earth berms and or decorative walls and fences are permitted provided
they are integrated with the landscape screening described above. The use of biofiltration
methods of landscape and drainage design is encouraged.
B.A landscape buffer at least seven feet wide shall be provided along the remaining sides of all
surface parking lots. This area shall be planted with any combination of shade trees, coniferous
trees, and/or shrubs. distributed along the length of the parking lot or clustered in a natural
appearance.
Landscaped buffers required in Sections .6 A and B shall provide at least one shade tree
measuring 1-1/2 inch or morecaliper measured six inches from the base of the tree at a ratio of
one tree per 15 feet of frontage,or fraction thereof, distributed along thefrontage or clustered
in a natural appearance.
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All parking areas abutting a residential district, parks, or other public open spaces shall be
screened from grade level to a height not less than three feet.
C.Parking lot landscaping and shade trees shall be dispersed throughout the parking lot in
Section 13-3.5.E.
accordance with Parking Lot Layout:
1.For single parking bays, landscaped islands shall provide at least one parking space of
landscape area, measuring at least nine feet by 18 feet, and shall be planted with a
combination of one ornamental/dwarf tree, low shrubs, perennial flowers, turf, and/or
ground cover/ornamental grasses but shall not be planted entirely with turf.
2.For double parking bays, both the end landscaped islands and the intermediate landscaped
islands shall provide a double parking space of landscape area, measuring at least nine feet
by 36 feet, and shall be planted with a combination of one shade tree or two
ornamental/dwarf trees, low shrubs, perennial flowers, turf, and/or ground
cover/ornamental grasses measuring no more than three feet in height, but shall not be
planted entirely with turf.
D.No tree, shrub, hedge, or berm shall be placed or encroach into an area the City Engineer
determines is an obstruction to visibility, or extends into a visibility triangle affecting the
public right-of-way.
13-4.7Street Trees
A.Street trees shall be planted within a landscaped parkway or in tree pits within the sidewalk
Section 45-17
area according to of the Dubuque City Code and the City of Dubuque Street
Tree and Landscaping on Public Right-of-Way Policy. Street trees shall be installed prior to the
issuance of a Certificate of Occupancy, unless seasonal conditions exist that may reduce the
survivability of the plantings, in which case the street trees shall be installed within six months
of the issuance of a Certificate of Occupancy.
B.Street trees planted within the sidewalk area shall be planted using best management practices.
13-4.8 Screening Requirements:
A.All parking areas abutting a residential district or public right of way shall be screened from
grade level to a height not less than three feet(3').
B.All commercial and industrial uses that abut residential, office, or institutional
A.
districts, shall maintain screening not less than six feet (6') along the abutting property line
or lines.
C.Screening required by this ordinance shall be equivalent to the following:
B.
1. Fences with at least fifty percent (50%) opaque construction; or
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2. Hedges, shrubs or evergreen trees of at least thirty percent (30%) opacity at the time of
installation and fifty percent (50%) opacity maintained within three (3) years of
installation; or
3. Berms or graded slopes of not less than three feet (3') of mean height. Such berms or
graded slopes shall contain at least fifty percent (50%) living material.
4-5.5. Landscaping And Screening Standards:
(please refer to City Code for Section 4-5.5 figure, on file in the Clerk's office)
12-12.8.1Maintenance of landscaping and screening.
A.All required landscaping shall be maintained in proper condition. When replacement is
necessary, all plants and other nonliving landscape materials shall be equal in size, density and
appearance to those items requiring replacement.
B.All required screening and fencing shall be maintained and, whenever necessary, replaced with
materials that provide equivalent size, density and appearance.
13-4.9 Exterior Trash Collection Areas
A.Exterior trash collection areas shall include collection bins, dumpsters, and similar waste
receptacles for the short-term storage and collection of trash. Trash shall include garbage,
scrap, recyclables, debris and similar materials.
B.The storage of trash shall be limited to that produced by the principal permitted use and
accessory uses of the lot. Exterior storage of trash, which could be blown into the air or strewn
about by the wind, shall be prohibited.
C.The ground area coverage of the exterior trash collection areas shall be the area contained
inside the required screening.
D.Exterior trash collection areas shall be located in rear or side yards only. Exterior trash
collection areas shall not encroach into a front yard. The City Planner may grant a waiver to
this requirement when, due to topographic conditions or lack of a side or rear yard,
conformance with this requirement is impractical.
E.All exterior trash collection areas and the materials contained therein shall be screened from
view from the adjacent public right-of-way.
F.The screening shall be a completely opaque fence, wall or other feature of a height between 6
and 10 feet measured from the ground level outside the line of the screen. Screens built on
sloping grades shall be stepped so that their top line shall be horizontal. If a 10 foot high screen
fails to shield the exterior trash collection area from view of the adjacent public right-of-way,
evergreen plantings may be required in addition to the screening. Evergreen plant materials
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shall be selected and designed so that they will screen the area from the adjacent public right-
of-way within five years.
G.Exposed materials used to construct the opaque screen shall be similar in appearance to
materials used for exterior building walls. All exterior entrances to a screened trash area shall
be provided with a gate or door of similar design to that of the screen.
13-4.10 Exterior Storage in Non-Residential Districts
Screening for exterior storage is intended to buffer surrounding property from the negative visual
impact created by the storage of raw or finished goods, materials and equipment that can adversely
impact the value of adjacent property. Exterior storage areas shall conform to the following:
A.Exterior storage of materials which could be blown into the air or strewn about by the wind
shall be prohibited.
B.Exterior storage, where allowed, shall be screened from view from the adjacent public right-of-
way and abutting residential districts or uses to a minimum height of 6 feet.
C.The screening height shall be measured from the ground level outside the line of the screening.
Screens built on sloping grades shall be stepped so that their top line shall be horizontal.
D.Exterior storage shall not encroach to a front yard.
E.All exterior entrances to a screened storage area shall be provided with a gate or door of
similar design to that of the screen.
F.The City Planner may grant a waiver to allow screening to exceed the maximum height
allowed when topography or height of individual finished products or equipment could make it
impossible to completely screen a storage area from every vantage point. The City Planner
may not grant waivers to the maximum screening height for raw materials or stacked goods.
G.Long-term storage of products or materials in semi-trailers or shipping containers is permitted
Section 11-83
only in accordance with of the Dubuque City Code, as amended.
13-4.10Installation, Maintenance, and Replacement of Landscaping and Screening
A.Plantings shall be installed prior to the issuance of a Certificate of Occupancy unless seasonal
conditions exist that may reduce the survivability of the plantings, in which case the plantings
shall be installed within six months of the issuance of a Certificate of Occupancy.
B.Plantings shall be properly maintained in a healthy manner. Plantings that become diseased or
die shall be replaced with similar plant materials. Replacement plantings shall be installed
during the same or immediately following planting season.
A.C.All required screening and fencing shall be maintained and, whenever necessary, replaced
in accordance with the provisions of Article 13.
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13-5 Design Standards for Big Box Retail Uses
As part of planned unit development review in accordance with Section 5-24 for any retail
commercial uses or regional shopping centers which have over 100,000 square feet of building
area, the applicant shall submit building elevations for review by the City. Any structure existing
at the time of adoption of this Code which is expanded for retail commercial use to over 100,000
square feet of building area and which expansion constitutes an increase of 25 percent or more to
the building area shall be subject to these Design Standards.
In addition to the site design standards set forth herein, big box retail uses shall comply with the
following standards:
ADefinitions of Facades. For purposes of this section, the façades of a building shall be defined
as follows:
1.Façade. The portion of any exterior elevation on the building extending from grade to the
top of the parapet, wall or eaves and extending the entire length of the building.
2.Front façade. The front or principal face of a building, containing the main entrance; any
building face, which can be touched by a line drawn perpendicular to street (public or
private).
3.Side façade. The face of a building extending from the front façade to the rear façade of the
building.
4.Rear façade. The face of a building extending along the rear of the lot or site, containing
employee and service entrances, loading docks, etc.
B.Façade Design. The building facades shall be designed in a way that will reduce the massive
scale and minimize a uniform and impersonal appearance of the building, and that will provide
visual interest consistent with the community's identity, character, and scale.
1.Façades of 100 feet or longer shall be broken up with projections or recessions not less than
five feet in depth, and in sufficient number, to reduce the unbroken massing into lengths of
40 feet or less along all sides of the building. Projections from the facade can be used as an
alternate approach.
2.The front façade shall include windows, arcades, awnings, projecting canopies, covered
walkways, porticos, or other acceptable features along at least 60 percent of the front
façade length and over at least 25 percent of the front façade area.
3.Except for entrances to the building, any part of the front façade higher than 11 feet shall
give the visual exterior appearance of having more than one floor for each additional 11
feet in height, i.e., a 22 foot high building shall give the appearance of a two-story building.
4.Arcades and other weather protection features shall be of sufficient depth and height to
provide a light-filled and open space along the front façade. Architectural treatment, similar
to that provided to the front façade, shall be provided to the side façades to mitigate any
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negative view from any location off-site and any public area (e.g. parking lots, walkways,
etc.) on site.
5.A landscape buffer of evergreens approved by the City Council shall be required along the
property line to screen service areas and rear facades from the adjacent property.
C.Detail features. The building shall include architectural features that contribute to visual
interest at the pedestrian scale and reduce the massive aesthetic effect by breaking up the
building wall, front, and side, with color, texture change, wall offsets, reveals, or projecting
ribs.
D.Roofs. The roof design shall provide variations in rooflines, add interest to, and reduce the
massive scale of, large buildings. Roofs shall include two or more roof planes. Parapet walls
shall be architecturally treated to avoid a plain, monotonous look.
The roof design shall further provide for a green roof, herein defined as a roof of a building
that is not less than 50 percent covered with vegetation and soil, or a growing medium,
planted over a waterproofing membrane. It may also include additional layers such as a
root barrier and drainage and irrigation systems. In lieu of a greenroof,permeablepaving
may be provided on site in an area equal to the required area of green roof.
1.Unhealthy or dead vegetation shall be removed within seven days and replaced with
suitable new plant materials at the earliest practical time, but not longer than nine months,
based on the appropriate season.
E.Maximum Parking:
1.The maximum number of off-street parking spaces allowed shall be equal to 125 percent of
the required minimum number of spaces.
2.Parking spaces in excess of the maximum number permitted may be allowed, provided:
i.Each parking space provided in excess of the maximum number allowed shall be paved
with a permeable paving material approved by the City, or
ii.For each parking space provided in excess of the maximum number allowed, 300
square feet of additional on-site green space shall be provided and maintained with
landscaping; or
iii.For each parking space provided in excess of the maximum number allowed, 300
square feet of green roof shall be provided and maintained. A green roof is herein
defined as a roof of a building that is covered with vegetation and soil, or a growing
medium, planted over a waterproofing membrane. It may also include additional layers
such as a root barrier and drainage and irrigation systems. Unhealthy or dead
vegetation shall be removed within seven days and replaced with suitable new plant
materials at the earliest practical time, but not longer than nine months, based on the
appropriate season.
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E.F.Materials and color. The building shall have exterior building materials and colors that are
aesthetically pleasing and compatible with materials and colors that are used in adjoining
neighborhoods. This includes the use of high-quality materials and colors that are low
reflective, subtle, neutral, or earth tone. Certain types of colors shall be avoided such as
fluorescent or metallic although brighter colors in limited quantities may be used on building
trim and as accents at the discretion of the City Council. Construction materials such as tilt-up
concrete, smooth-faced concrete block, prefabricated steel panels, and other similar materials
shall be avoided unless the exterior surface incorporates an acceptable architectural treatment.
Not less than 75 percent of the front of the building and 50 percent of the sides of the building
shall be brick or stone.
F.G.Entryways. The building design shall provide design elements which clearly indicate to
customers where the entrances are located and which add aesthetically pleasing character to
buildings by providing highly-visible customer entrances.
G.H.Amenities. The building site shall include at least one public gathering space, such as a
patio seating area, pedestrian plaza with benches, outdoor play area, and not less than two
public space amenities, such as kiosks, a water feature, a clock tower, or a landscaped site for
public artwork. Pedestrian public space shall be shaded, landscaped, and screened. The size of
the public gathering space shall not be less than one percent of the gross enclosed building
area.
H.I.Any conflict between these standards and the PUD Ordinance shall be resolved in favor of
the stricter standard.
I.J.In determining whether the plan complies with the above standards, the City Council may
accept alternative or substitute features which have a comparable aesthetic and visual effect in
light of the location and topography of a particular site.
13-6 Design Standards for Retail Commercial Uses and Regional Shopping Centers
In addition to the site design standards set forth herein, the following standards shall apply to retail
commercial uses over 60,000 square feet of building area and to regional shopping centers:
A.Sales and display areas. No area outside of the building other than the front facade may be used
for the sales or display of merchandise unless a temporary use permit has been obtained from
the City of Dubuque.
B.Sidewalks, walkways, entrances and gathering areas. Sidewalks adjacent to the front facade
shall be not less than 10 feet wide and shall connect by sidewalks not less than five feet wide to
public sidewalks and adjoining retail buildings. Sidewalks shall be concrete or other approved
hard surface; asphalt shall be prohibited. Walkways, entrances, and gathering areas shall have
shade features other than landscaping, such as trellis structures, projecting canopies, covered
arcades and porticos.
C.Transit facilities. The building site shall include a bus and paratransit stop/transfer point at a
location adjacent to the building approved by the City Manager. A shelter that is consistent in
design and construction with the building shall be installed at the property owner’s expense at
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the sole discretion of the City Manager. It shall be within the sole discretion of the City
Manager whether it is used as a bus and paratransit stop and/or transfer point and at what time
it shall be used. An easement or other arrangement acceptable to the City shall be granted for
location, maintenance, and unrestricted use of said transit facilities by the City transit system.
These facilities may be installed at any point in time at the sole discretion of the City Manager.
D.Bicycle paths and parking. The building site shall include bicycle paths connected to the City’s
planned and existing bike trail system. Flexibility in the timing of construction of said bicycle
paths may be allowed at the sole discretion of the City Manager. Unless the paths are
exclusively for bicycle use, they shall be appropriately marked with painted lanes. The
building site shall include sheltered bicycle areas with rack(s) for securing bicycles located
near the entrance to the building.
E.Maximum Parking:
1.The maximum number of off-street parking spaces allowed shall be equal to 125 percent of
the required minimum number of spaces.
2.Parking spaces in excess of the maximum number permitted may be allowed, provided:
i.Each parking space provided in excess of the maximum number allowed shall be paved
with a permeable paving material approved by the City, or
ii.For each parking space provided in excess of the maximum number allowed, 300
square feet of additional on-site green space shall be provided and maintained with
landscaping.
13-7 Design Standards for Biofuels Production Facilities
B.
Prior to the commencement of construction of any biofuels (including, but not limited to, ethanol
and biodiesel) production facility, the applicant shall submit plans for construction for review by
the City Council. The applicant shall not commence any such construction unless the City Council
determines that the plan complies with the following standards intended to protect the health,
safety, and general welfare of the residents of Dubuque:
A.A traffic impact analysis shall be provided by the applicant.
B.Access to the facility shall be paved.
C.The applicant shall provide documentation sufficient to demonstrate that the paving of public
right-of-way between the facility and designated truck route(s) is sufficient to carry, without
damage to the roadway, the weight, size and frequency of the loads of grain and liquid and any
by-product entering or leaving the facility by truck.
D.If the public right-of-way is not capable of carrying the weight, size and frequency of said
loads, then the applicant may be required to make upgrades to the paving in order for the
pavement to handle the weight, size and frequency of said loads.
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Section III – Land Development Regulations Article 13 – Site Design Standards
E.The applicant shall acquire sufficient right-of-way and construct all turning lanes and traffic
signals necessary to handle the increase in truck traffic.
F.The applicant shall attest in writing that the facility shall be operated and maintained in
compliance with all applicable federal and state environmental standards and regulations.
G.The applicant shall provide a dimensioned map that indicates the dispersal of steam, smoke, or
other discharge from the facility based on the prevailing winds, and describe what air pollution
control equipment will be provided. Biomass and natural gas-fired facilities are preferred to
coal-fired facilities.
H.The applicant shall provide a dimensioned site lighting plan indicating proposed illumination
patterns and light levels on the facility site and in the environs surrounding the site.
Illumination of parking and other onsite facilities shall be controlled by cut-off style luminaries
that reduce off-site spillover of light. Illumination at the property line shall not exceed
approximately one foot candle.
I.All fuel storage tanks shall be located in a manner that will not allow for contamination of any
groundwater or surface water.
J.All fuel storage tanks shall be within an impermeable containment levee system, in a manner
compliant with all federal, state, and local rules and regulations.
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Section III – Land Development Regulations Article 14 – Parking
Article 14: Parking
14-1 Parking Required
The provisions of this Article shall apply to uses within all zoning districts of the City. No
such use shall be commenced, expanded or enlarged in any manner unless the off street
parking and loading provisions of this Article are complied withmet.
14-2 Site Plan Required
A site plan shall be required for the construction or creation of any parking lot or the
Article
expansion of any existing parking lot in accordance with the site plan provisions of
12
.
14-3 Parking Space Calculations
The following provisions shall govern the computation of required off street parkingand
loading spaces:
A.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.
B.Where more than one use is established on a single lot, the off street parkingand loading
requirements for the lot shall be the sum of the separate requirements for each use
established on the lot. A proposal for shared parking may be made in conformance with
Section 14-10
.
C.Where a lawful use exists at the time of adoption of this Code that is deficient in the
provision of required off street parking, any new use hereafter established in its place
shall conform to the parking requirements of this Code. However, in computing the off
street parking requirements for any new use, such new use shall be credited for the
number of off street parking spaces that the previous use was in deficit.
D.No structure(s) containing lawful uses existing at the time of adoption of this Code within
C1, C2, C3, C4, CS, CR, LI and HI districts, shall hereafter be expanded or enlarged to
an extent greater thanby 25 percent or more of the gross floorbuilding area existing at the
time of adoption of this Code, unless parking and loading spaces are provided in full so
as to bring the entire expanded use into conformity with this section.
14-4 Location of Parkingand Loading Spaces
E.
All off street parkingand loading spaces required by this Code shall be located on the same
zoninglot as the use for which such spaces are required, except that:
A.Where, within an office, commercial, or industrial district, whenan increase in the
number of off-street parking spaces is required by an alteration, enlargement, or change
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Section III – Land Development Regulations Article 14 – Parking
of a use, the required off-street parking spaces may be located off-site, provided they are
notlocated farther than 300 feet from the use served.
B.Within an ID institutional district, parking spaces may be located on a separate lot within
the ID district boundaries, unless further restricted by the ordinance establishing the
district.
C.Payment in lieu of parking. (Reserved for future use.)
14-5 Off-Street Parking and Storage of Vehicles in Residential Districts
D.
A.Statement of Intent: The intent of this section is to avoid the obstruction of public streets
and sidewalks, improve traffic visibility, ensure the provision of necessary light and air to
residential dwellings, and maintain the visual harmony and character appropriate in
residential neighborhoods within the City.
B.The provisions of this section shall govern the off-street parking and storage of vehicles
as an accessory use within any R1, R2, R2A, R3, R4, orOR residential district, or for
property principally used as a residence. Accessory off-street parking or storage of
vehicles within any such district shall be permitted only in conformance with these
provisions.
C.Definitions: The following definitions shall govern the interpretation of this section:
Vehicle
: any implement of conveyance designed or used for the transportation of people
or materials on land, water or air, including, but not limited to, automobiles, trucks,
motorizedbicycles, motorcycles, snowmobiles, boats, airplanes, helicopters, trailers,
campers, wagons, tractors, equipment, etc.
Storage
: the substantially uninterrupted placement on a residential lot of any vehicle for
any consecutive period of time exceeding 48 hours.
Parking
: the placement on a residential lot of a vehicle for any substantially
uninterrupted period of time not exceeding 48 hours.
Inoperable Vehicle
: any vehiclethat has any one of the following characteristics:
i.that does not display current state registration.
ii.with a missing window, windshield, headlight, or any other missing glass.
iii.with a broken, loose, or missing fender, door, wheel, bumper, hood, roof, steering
wheel, trunk lid, muffler or tailpipe.
iv.that is the habitat of rats, mice, snakes or any other vermin or insects.
v.that lacks an engine, one or more wheels or other structural part that renders the
vehicle inoperable, such as a truck without an engine or a trailer missing a wheel.
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that is the habitat of rats, mice, snakes or any other vermin or insects.
vi.
that lacks an engine, one or more wheels or other structural part that renders the
vii.
vehicle inoperable, such as a truck without an engine or a trailer missing a wheel.
vi.that is not capable of moving in both forward and reverse gears.
D.Standards Governing Off-Street Parking or Storage of Vehicles as an Accessory Use in
Residential Districts:
1.Maximum Number of Vehicles Allowed to be Stored: Not more than one vehicle may
be stored outside a fully enclosed structure anywhere on a residential lot.
2.Front Yard Storage Prohibited: No vehicle may be stored in the front yard of a
residential dwelling under any circumstances. Front yard parking of vehicles may be
permitted in conformance with the other standards of this Section.
3.Rear Yard Storage Required if Accessible: A vehicle shall be stored only in a rear
yard, where a rear yard exists. Where no rear yard exists, or where the City Planner
determines that an existing rear yard is not reasonably accessible,then a vehicle may
be stored in a side yard. A vehicle may not be stored within a required side yard.
4.Current State Registration Required for All Vehicles Stored: No vehicle may be
stored as an accessory use on a residential lot unless such vehicle displays a current
State certificate of motor vehicle registration.
5.Storage in Required Parking Spaces for Multiple-Family Dwellings Prohibited: No
vehicle storage shall be permitted in required parking spaces for a multiple-family
dwelling. Off-street vehicle storage space may be provided for a multiple-family
Article 12
dwelling, if a site plan for such space is approved in accordance with .
6.Front Yard Setback for Garages Required: In zoning districts requiring less than 20
feet front yard setbacks, where a garage opens onto or faces the street, a minimum
setback of 20 feet shall be required.
Section4-2
7.Paved Parking and Storage Areas: In accordance with ,aAll vehicles shall
be parked and stored on a hard surface driveway or pad paved as defined in Article 2.
with asphalt or concrete. The paved area shall be at least the same size as the outside
dimensions of the vehicle.(s).
8.Storage of Inoperable Vehicles Prohibited: No inoperable vehicle,vehicle parts or
camper toppers may be stored outside a fully enclosed structure anywhere on a
residential lot.
Storage on a Vacant Lot. No vehicle or vehicle parts shall be stored on any vacant lot
9.
in a residential district. Occupancy of Recreational Vehicles Prohibited: A
recreational vehicle designed to provide temporary living quarters for recreational,
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camping or travel use shall not be used for living, sleeping or housekeeping purposes
on the premises, except that:
Onelicensed and operable recreational vehicle may be allowedusedfor occasional
i.
living purposes to accommodate visitorsfor no more than 15 days per calendar
year, provided it complies with all other requirements of this Code;
Such recreational vehicle shall not be permanently connected to sewer lines, water
ii.
lines, or electricity. A recreational vehicle may be connected to electricity
temporarily for charging batteries; and
i.Such recreational vehicle shall not be used for storage of goods, materials, or
iii.
equipment other than those items considered to be a part of the unit or essential
for its immediate use.
14-6 Off-Street Parking Requirements
The number of off-street parking spaces required for each building or use shall be determined
by reference to thefollowing table of parking groups. Parking groupsare identified for each
use within each district by a bracket-enclosed number next to each principal permitted use
i.e., [1]. Where several different property uses will share a joint parking area, the parking
requirements shall be computed based upon the overall development.
ParkingMinimum Off-Street Parking Spaces Required
Group
10.5 spaces for each bed.
20.5 spaces for each bed plus 1 space for each employee on the maximum
shift.
30.5 spaces for each dwelling unit.
40.75 spaces for each person or tenant.
51 space for each person.
61 space for each dwelling unit.
71 space for each 4 permanent seats.
81 space for each employee on the maximum shift.
91.5 spaces for each dwelling unit.
101.5 spaces for each employee on the maximum shift for grades K-12, plus 1
space for each 10 students for grades 9-12.
112 spaces for each dwelling unit.
121 space for each 100 square feet of public service or viewing area, plus1
space for each employee on the maximum shift.
131 space for each 500 square feet of floor area accessible to the general public.
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141 space for each 400 square feet devoted to office use or 1 space for each
employee on the maximum shift whicheveris greater.
151.5 spaces for each employee on the maximum shift.
163 spaces for each employee on the maximum shift.
171 space for each 250 square feet of floor area accessible to the general public.
182 spaces for each employee on the maximum shift.
191 space for each employee on the maximum shift, plus 1 space for each 250
square feet of floor area accessible to the general public.
201 space for each 4 permanent seats, plus 1 space for each employee on the
maximum shift, plus 1 space for each 100 square feet of floor area devoted to
assembly use.
212 spaces for each employee on the maximum shift, plus 1 space for each
service bay.
221 space for each 4 washing machines.
231 space for each employee on the maximum shift, plus 1 space for each 10
square feet of floor area accessible to the general public.
241 space for each unit, plus 1 space for each employee on the maximum shift.
251 space for each 4 permanent seats, plus 1 space for each employee on the
maximum shift, plus 1 space for each 100 square feet of floor area accessible
to the general public not containing permanent seats.
261 space for each 4 permanent seats, plus 1 space for each employee on the
maximum shift.
271 space for each 400 square feet of floor area accessible to the general public.
281 space for each 4 permanent seats, plus 1 space for each employee on the
maximum shift, plus 1 space for each 50 square feet of floor area devoted to
customer service.
291 space for each employee onthe maximum shift, plus 1 space for each
service vehicle, plus 1 space for each 250 square feet of floor area accessible
to the general public.
300.75 spaces for each room, plus 1 space for each employee on the maximum
shift (lodging only); other usesshall be calculated separately.
311 space for each employee on the maximum shift, plus 1 space for each 300
square feet of floor area accessible to the general public.
321 space for each employee on the maximum shift, plus 1 space for each 250
square feet of floor area accessible to the general public, plus 1 space for
each 400 square feet of general office space.
331 space for each employee on the maximum shift, plus 1 space for each
moving van or service vehicle.
341 space for each employee on the maximum shift, plus 2 spaces for each
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Section III – Land Development Regulations Article 14 – Parking
service bay.
351 space for each employee on the maximum shift, plus 3 spaces for each
service bay.
360.75 spaces for each employee on the maximum shift, plus 3.5 spaces for
each doctor (doctors are not included as employees for calculation of this
parking group).
37(a)Bowling alley: 4 spaces for each lane.
(b)Miniature golf: 15 spaces for each 9 holes
(c)Golf course: 50 spaces for each 9 holes.
(d)Excursion craft operation and service: 1 space for each 4 permanent seats on
the craft, plus 1 space for each employee on the maximum shift.
(e)Pleasure craft harbor: 1.5 spaces for each docking slip.
(f)Tennis/handball/racquetball courts: 3 spaces for each court.
(g)Swimmingpool: 1 space for each 30 square feet of gross pool area.
(h)Weight training/exercise room: 1 space for each 100 square feet of floor area
devoted to such use.
(i)Gymnasium (with no seating provided): 1 space for each 100 square feet of
athleticfloor area.
(j)Shooting/archery range: 1 space for each firing point, plus 1 space for each
employee on the maximum shift.
(k)Pool hall/billiard parlor: 1 employee on the maximum shift, plus 1 space for
each 100 square feet of area accessible tothe general public.
381 space for each employee on the maximum shift, plus 1 space for each 500
square feet of internal display area, plus 1 space for each 2,000 square feet of
outdoor display area, plus 2 spaces for each service bay.
391 space for each employee on the maximum shift, plus 1 space for each 4,000
square feet of outdoor display area, plus 2 spaces for each service bay.
401 space for each employee on the maximum shift, plus 1 space for each 500
square feet of indoor display or office area, plus 1 space for each 5,000
square feet of outdoor display area.
411 space for each employee on the maximum shift, plus 1 space for each 250
square feet of display area (including both indoor and outdoor), plus 2 spaces
for each service bay.
421.5 spaces for each employee on the maximum shift, plus 1 space for each
service bay and/or service vehicle.
431 space for each 200 square feet of gross leasable area.
441 space for each employee on the maximum shift, plus 1 space for each
service vehicle, plus adequate truck and tractor/trailer spaces as determined
by the City development planner.
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Section III – Land Development Regulations Article 14 – Parking
45Dormitories: 1 space for each bed.
Gymnasiums: 1 space for each 6 permanent seats.
Lecture Halls: 1 space for each 6 permanent seats.
Employees: 0.75 spaces for each employee on the maximum shift.
461.5 spaces for each licensed or State-approved bed.
47As determined by the City planner.
481 space for each six (6) permanent seats, plus one space for each employee on
the maximum shift.
A.The minimum numbers of required off-street parking spaces for this Code are shown in
the following table.
Land UseOff-street Parking Spaces Required
1 space for each 250 square feet of floor area accessible to
Agricultural Supply Sales
general public.
1 per employee on maximum shift plus 1 space for each 100
Animal hospital or clinic
square feet GFA accessible to general public.
Appliance sales or service 1 per 400 square feet at GFA accessible to the public.
Art gallery, museum or library 1 per 500 square feet GFA accessible to the public.
Artist studio 1 per tenant.
Athletic field, stadium or sports
1 per employee on maximum shift, plus 1 per 4 seats.
arena
1 per 4 seats, plus 1 per employee on maximum shift, plus 1
Auditorium or assembly hall
per 100 square feet GFA for assembly.
Auto supply sales 1 per 250 square feet GFA accessible to the public.
Automated gas station 2 spaces for each employee on maximum shift.
1 per employee on maximum shift plus 1 per 250 300 square
Bakery (retail only)
feet GFA accessible to public.
1 per employee on maximum shift plus 1 per 250 300 square
Bakery (wholesale or commercial)
feet GFA accessible to public.
Bank, savings and loan or credit 1 per employee on maximum shift plus 1 per 250 square feet
union GFA accessible to public.
1 per 4 seats plus 1 per employee on maximum shift plus 1 per
Bar or tavern
100 square feet GFA for assembly.
Barber or beauty shop 3 per employee on maximum shift.
Bed and breakfast home 1 per guest room.
Bed and breakfast inn 1 per guest room.
Bowling alley 1 per employee on maximum shift, plus 4 per lane.
1 per employee on maximum shift, plus 1 per service vehicle,
Business services
plus 1 per 250 square feet GFA accessible to public.
Dormitories: 1 space for each bed.
Business/secretarial school
Gymnasiums: 1 space for each 6 permanent seats.
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Lecture Halls: 1 space for each 6 permanent seats.
Employees: 0.75 spaces for each employee on the maximum
shift.
Campground or Recreational
As determined by City Planner.
Vehicle Park Operation
1 space for each employee on maximum shift plus 1 space for
Catalog Center
each 100 square feet of floor area accessible to general public.
Carwash 1 per employee on maximum shift.
Cemetery, mausoleum,
As determined by City Planner.
columbariums
Cold storage or locker plant 1.5 per employee on maximum shift.
1 space for each employee on maximum shift, plus 1 space for
Construction supply sales or service
each 250 square feet of floor area accessible to general public.
1 per employee on maximum shift, plus 1 per service vehicle,
Contractor shop or yard
plus 1 per 250 square feet GFA accessible to public.
Convenience store 2 per employee on maximum shift.
1 per 5 seats.1 space for each4 permanent seats, plus 1
Convention center space for each employee on the maximum shift, plus 1 space
for each 100 square feet of floor area devoted to assembly use.
Crematorium, reduction plant,
1.5 per employee on maximum shift.
foundry, forge or smelter
Dental or medical lab 1 per employee on maximum shift.
Department store (60,000 square
1 per 250 square feet GFA accessible to public.
feet maximum)
Dog Track: 1 space for each 4 permanent seats, plus 1 space
Dog & Horse racing or track
for each employee on maximum shift.
operation
Horse Track: 1 space for each 400 square feet of floor area
accessible to general public.
Flower, garden, nursery or
1 per 250 square feet GFA accessible to the public.
greenhouse
1 space for each employee on maximum shift, plus 1 space for
Farm implement sales or service each 4,000 square feet of outdoor display area, plus 2 spaces
for each service bay.
Flower or garden store, or
1 per 250 square feet GFA accessible to the public.
commercial greenhouse
1 per employee on maximum shift, plus 1 per service vehicle,
plus 1 per 250 square feet of GFA accessible to public.1 space
Freight transfer facility for each employee on the maximum shift, plus 1 space for each
service vehicle, plus adequate truck and tractor/trailer spaces
as determined by the City development planner.
1 space per employee on maximum shift, plus 1 per company
Fuel or ice dealer
vehicle.
1 space for each 400 square feet of floor area accessible to
Furniture or home furnishing sales
general public.
Furniture Upholstery or repair 2 spaces for each employee on maximum shift.
Gambling facility licensed by the
As determined by City Planner.
State of Iowa
Gas station 2 per employee on maximum shift.
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Gas station (not including service
2 per employee on maximum shift.
station)
1 per 400 square feet office floor area, or 1 per employee on
General Office
maximum shift, whichever is greater.
Golf Course 50 per 9 holes.
Golf driving range 1 per 2 tees.
1 space per employee on maximum shift, plus 1 per company
vehicle.1 space for each employee on the maximum shift, plus
Grain or barge terminal 1 space for each service vehicle, plus adequate truck and
tractor/trailer spaces as determined by the City development
planner.
Grocery or drug store (3,500 square
1 per 250 square feet GFA accessible to the public.
feet maximum)
Grocery store 1 per 250 square feet GFA accessible to the public.
Group home 0.33 per tenant.0.75spaces for each person or tenant.
Health, sports, recreation or athletic
1 per 100 square feet GFA.
club or organization
1.5 per bed.0.5 spaces for each bed plus 1 space for each
Hospice
employee on the maximum shift.
1 per room, plus 1 per employee on maximum shift.0.75
spaces for each room, plus 1 space for each employee on the
Hotel
maximum shift (lodging only); other uses shall be calculated
separately.
Housing for the Elderly or Persons
0.5 spaces for each dwelling unit.
with Disabilities
1 space for each employee on maximum shift plus 1 space for
Indoor Amusement Arcade
each 100 square feet of floor area accessible to general public.
Bowling alley: 4 spaces for each lane.
Miniature golf: 15 spaces for each 9 holes.
Golf course: 50 spaces for each 9 holes.
Excursion craft operation and service: 1 space for each 4
permanent seats on the craft, plus 1 space for each employee
Indoor Recreation Facility
on the maximum shift.
Pleasure craft harbor: 1.5 spaces for each docking slip.
Tennis/handball/racquetball courts: 3 spaces for each court.
Swimming Pool: 1 space for each 30 square feet of gross pool
area.
Weight training/exercise room: 1 space for each 100 square
feet of floor area devoted to such use.
Gymnasium (with no seating provided): 1 space for each 100
square feet of athletic floor area.
Shooting/archery range: 1 space for each firing point, plus 1
space for each employee on the maximum shift.
Pool hall/billiard parlor: 1 employee on the maximum shift, plus
1 space for each 100 square feet of area accessible to the
general public.
1 space for each 6 permanent seats plus 1 space for each
Indoor Theater
employee on maximum shift.
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1 per employee on maximum shift, plus 1 per company vehicle.
1 space for each employee on the maximum shift, plus 1 space
Junkyard or salvage yard
for each service vehicle, plus adequate truck and tractor/trailer
spaces as determined by the City development planner.
1 per employee on maximum shift, plus 1 per 100 square feet
Kennel
GFA accessible to public.
Laboratory for research or
1 per employee on maximum shift, plus 1 per company vehicle.
engineering
1 per employee on maximum shift, plus 1 per company vehicle.
1 space for each employee on the maximum shift, plus 1 space
Landfill
for each service vehicle, plus adequate truck and tractor/trailer
spaces as determined by the City development planner.
1 per employee on maximum shift, plus 1 space for each
Landscaping Services (not including
service vehicle, plus 1 space for each 250 square feet of floor
retail sales as primary use)
area accessible to general public.
Laundromat 1 space per 4 washing machines.
1 per employee on maximum shift plus 1 per 250 square feet
Laundry or dry cleaner
GFA accessible to public.
Licensed adult day care 1 per employee on maximum shift.
Licensed child care center 1 per employee on maximum shift.
Lumberyards or building material 1 space for each employee on maximum shift plus 1 space for
sales each 250 square feet of floor area accessible to general public.
1 space for each employee on maximum shift, plus 1 space for
Mail order house
each 100 square feet of floor area accessible to general public.
1 space per employee on maximum shift, plus 1 per company
Manufacturing, primary
vehicle.
1 space per employee on maximum shift, plus 1 per company
Manufacturing, secondary
vehicle.
Marine vehicle body shop 1 per employee on largest shift, plus 3 per service bay.
1 per employee on largest shift, plus 1 per 500 square feet
Marine vehicle boatsales or rental square feet
GFA of indoor display area, plus 1 per 2,000 5,000
GFA of outdoor display area, plus 2 per service bay.
Marine vehicle boatservice or
1 per employee on largest shift, plus 3 per service bay.
repair
1 per employee, not including doctors, on maximum shift, plus
Medical office or clinic
3.5 per doctor.
Miniature golf 15 per 9 holes.
Mini-warehousing As determined by City Planner.
1 per employee on maximum shift, plus 1 per 500 square feet
Mobile or manufactured home sales
GFA of indoor display area, plus 1 per 5,000 square feet GFA
or service
of outdoor display area.
1 per 50 100 square feet viewing area, plus 1 per employee on
Mortuary or funeral home
maximum shift.
Multi-family dwelling 1.5 per unit.
Multi-family dwelling (maximum 6
1.5 per unit.
units)
Multi-family dwelling (more than 12
1.5 per unit.
units)
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Multi-family dwelling (3 to 12 units) 1.5 per unit.
1 space for each 500 square feet of floor area accessible to the
Museum or Library
general public.
Neighborhood shopping center 1 per 250 square feet GFA accessible to the public.
Nursing or convalescent home 0.25 0.5per bed, plus 1 per employee on maximum shift.
Nursing or convalescent home for
0.250.5per bed, plus 1 per employee on maximum shift.
institutional residents or affiliates.
1 space for each employee on maximum shift plus one space
Office supply for each 250 square feet of floor area accessible to general
public.
Offices for administrative personnel
1 per 4,500 square feet office floor area, OR 1 per employee
or other institutional employees or
on largest shift, whichever is greater.
affiliates
1 per employee, not including doctors, on maximum shift, plus
Outpatient care facility
3.5 per doctor.
Bowling alley: 4 spaces for each lane.
Miniature golf: 15 spaces for each 9 holes.
Golf course: 50 spaces for each 9 holes.
Excursion craft operation and service: 1 space for each 4
Outdoor recreation or outdoor
permanent seats on the craft, plus 1 space for each employee
amusement center
on the maximum shift.
Pleasure craft harbor: 1.5 spaces for each docking slip.
Tennis/handball/racquetball courts: 3 spaces for each court.
Swimming Pool: 1 space for each 30 square feet of gross pool
area.
Weight training/exercise room: 1 space for each 100 square
feet of floor area devoted to such use.
Gymnasium (with no seating provided): 1 space for each 100
square feet of athletic floor area.
Shooting/archery range: 1 space for each firing point, plus 1
space for each employee on the maximum shift.
Pool hall/billiard parlor: 1 employee on the maximum shift, plus
1 space for each 100 square feet of area accessible to the
general public.
1 space per employee on maximum shift plus 1 space for each
Passenger Transfer Facility
250 square feet of floor area accessible to general public.
1 space for each 400 square feet devoted to office use or 1
Personnel services space for each employee on maximum shift, whichever is
greater.
Pet daycare 1 per employee on maximum shift.
1 per employee on maximum shift plus 1 per 100 square feet
Photographic studio
GFA accessible to public.
Place of religious exercise or
religious assembly Churches, 1 per 4 seats.
convents, and monasteries
Pleasure craft harbor 1.5 per docking slip.
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1 per employee on maximum shift, plus 1 per 100 square feet
Pool hall or billiard parlor
GFA accessible to public.
1 per employee on maximum shift, plus 1 per 250 square feet
Printing or publishing GFA accessible to public, plus 1 per 400 square feet GFA of
general office space.
1 per 4 seats, plus 1 per employee on maximum shift, plus 1
Private club
per 100 square feet GFA for assembly.
1 space per employee on maximum shift, plus 1 per company
Processing or assembly
vehicle.
Processing, packaging, or storing 1 space per employee on maximum shift, plus 1 per company
meat, dairy or food products vehicle.
Processing, packaging, or storing
meat, dairy or food products, but 1 space per employee on maximum shift, plus 1 per company
not including slaughterhouse or vehicle.
stockyards
Public or private /parochial schools
1-5 spaces per employee on maximum shift for grades K-12,
approved by Iowa State Board of
plus 1 per 10 students for grades 9-12.
Public Instruction (K-12)
Dormitories: 1 space for each bed.
Recreational or athletic facility for
the primary use and benefit of
institutional residents and affiliates.
Gymnasiums: 1 space for each 6 permanent seats.
Lecture Halls: 1 space for each 6 permanent seats.
Employees: 0.75 spaces for each employee on the maximum
shift.
Refrigeration equipment sales or 1 per employee on maximum shift, plus 1 per 250 square feet
services GFA accessible to public.
Regional shopping center 1 per 250 square feet GFA accessible to the public.
Residential Care Facility 2 spaces for each employee on maximum shift.
Residential uses above first floor
1 space for each dwelling unit.
only
Resource recovery/recycling center
1 space per employee on maximum shift.
(indoor only)
Restaurant carryout not including 1 per 4 seats, plus 1 per employee on maximum shift, plus 1
drive-in per 100 square feet GFA for customer service.
1 per 4 seats, plus 1 per employee on maximum shift, plus 1
Restaurant, drive-in or carryout
per 100 square feet GFA for customer service.
1 per 4 seats, plus 1 per employee on maximum shift, plus 1
Restaurant, indoor
per 1000 square feet GFA for customer service.
1 space for each 250 square feet of floor area accessible to
Retail sales and service
general public.
Rooming or boarding house with an
0.50.75per tenant.
on-site resident manager
Schools of private instruction 0.75 per student.
Seminary
Dormitories: 1 space for each bed.
Gymnasiums: 1 space for each 6 permanent seats.
Lecture Halls: 1 space for each 6 permanent seats.
Dubuque, IA UDCAdopted 00/00/000 312
Section III – Land Development Regulations Article 14 – Parking
Employees: 0.75 spaces for each employee on the maximum
shift.
Service station 2 per employee on maximum shift, plus 1 per service bay.
Sewage treatment plant As determined by City Planner.
Shoe repair 2 spaces for each employee on maximum shift.
Shooting or archery range 1 per employee on maximum shift, plus 1 per firing station.
Single-family attached dwelling 2 per dwelling unit.
Single-Family detached dwelling 2 per dwelling unit.
1 space per employee on maximum shift, plus 1 per company
Slaughterhouse or stockyard
vehicle.
1 space for each 250 square feet of floor area accessible to
Supermarket
general public.
Swimming pool 1 per 30 square feet of gross pool area.
Tailor or alterations shop 2 spaces for each employee on maximum shift.
Tennis, handball or racquetball
3 per court.
courts
1 space per employee on maximum shift, plus 1 per company
Tool, dye, or pattern making
vehicle.
As per Zoning Board of Adjustment as part of a conditional use
Tour home
permit.
Tourist home 2 spaces per dwelling unit.
Townhouse2 per dwelling unit.
Two-Family dwelling (duplex) 2 per dwelling unit.
1.5 spaces for each employee on the maximum shift, plus 1
Upholstery shop
space for each service bay and/or service vehicle.
Vehicleautobody shop 1 per employee on maximum shift, plus 3 per service bay.
1 per employee on maximum shift, plus 1 per 500 square feet
Vehicleautosales or rental
GFA of indoor display area, plus 1 per 2,000 square feet GFA
of outdoor display area, plus 2 per service bay.
Vehicleautoservice or repair 1 per employee on maximum shift, plus 3 per service bay.
Vending or game machine sales or 1 per employee on maximum shift, plus 1 per 250 GFA
service accessible to public.
Dormitories: 1 space for each bed.
Vocational School
Gymnasiums: 1 space for each 6 permanent seats.
Lecture Halls: 1 space for each 6 permanent seats.
Employees: 0.75 spaces for each employee on the maximum
shift.
Warehousing, packaging, 1 space per employee on maximum shift, plus 1 per company
distribution or storage facility vehicle.
1 space per employee on maximum shift, plus 1 per company
Welding services vehicle.plus 1 per service vehicle, plus 1 per 250 square feet
GFA accessible to public.
1 per employee on maximum shift, plus 1 per service vehicle,
Wholesale sales or distribution
plus 1 per 250 square feet GFA accessible to public.
Dubuque, IA UDCAdopted 00/00/000 313
Section III – Land Development Regulations Article 14 – Parking
As per Zoning Board of Adjustment as part of a conditional use
Winery
permit.
14-7AccessibleParking Space Requirements
Accessibleparking spacesfor the physically handicapped shall be provided as required by
state or federal law.located as close as possible to elevators,ramps, walkways and entrances.
Parking spaces for the physically handicapped shall be located so that such persons are not
compelled to wheel or to walk behind parked cars to reach entrances, ramps, walkways and
elevators.One handicap space shall be provided for each one hundred (100) parking spaces
in a parking lot. (Ord. 70-90, § 1(a), 9-4-1990; Ord. 44-96, § 1, 10-7-1996)
14-8Nonconforming Parking Lots
A.All parking lots lawfully existing on the effective date of this Code may be continued,
although such parking lots do not conform to the provisions hereof. Such lots shall be
maintained in conformance with this Code any other City regulations. Such
nonconforming parking lot may not be enlarged or extended, except as provided herein.
In the event that such parking lots are discontinued or the normal operation thereof is
stopped for a period of two years, any resumption of the use of said parking lot shall
thereafter conform to all of the requirements of this Code.
B.The following provisions shall apply to extension and enlargement of nonconforming
parking lots:
C.If an existing nonconforming parking lot having less than twenty spaces on the effective
date of this Code is expanded 50 percent or more in area, the entire parking lot shall be
surfaced in conformance with the appropriate design standards.
D.If an existing nonconforming parking lot having twenty spaces or more on the effective
date of this Code is expanded 25 percent or more in area, the entire parking lot shall be
surfaced in conformance with the appropriate design standards.
E.In the event that the main use of a lot served by a nonconforming parking lot is
A.
changed in whole or in part to another use, any continued use or resumption of the use of
said nonconforming parking lot for parking shall thereafter conform to all the
requirements of this Code.
14-9 Bicycle Parking Required
B.
Within all zoning Districts, each parking facility providing 50 or more motor vehicle parking
spaces shall provide accommodations for bicycles as follows:
A.Parking lots with 50 to 100 motor vehicle parking spaces shall provide five bicycle
spaces
B.Parking lots with 100 to 150 motor vehicle parking spaces shall provide eight bicycle
spaces
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Section III – Land Development Regulations Article 14 – Parking
C.Parking lots with 150 to 200 motor vehicle parking spaces shall provide 10 bicycle spaces
D.Parking lots with more than 200 motor vehicle parking spaces shall provide 10 bicycle
spaces, plus two additional bicycle spaces for each 50 parking spaces over 200.
14-10Shared Parking Reduction
A.Where more than one use is established on a single lot or within a single development in
a non-residential district, the total number of off-street parking spaces required for each
use may be combined and shared between uses. Where the uses have non-concurrent
parking demands, a proposal for sharing a reduced number of off-street parking spaces
may be presented to the Planning Service Department as part of the site plan review
process. Conditional use applications for which sharing a reduced number of off-street
parking spaces is being proposed shall have shared parking approved as part of the
conditional use permit.
B.In determining the total requirements for shared parking facilities, the following
guidelines shall be followed:
1.For each applicable general land use category, calculate the number of spaces
required for a use as if it were the only use (refer to the schedule of minimum off-
street parking requirements).
2.Use the figures for each individual land use to calculate the number of spaces
required for that use for each time period specified in the table (six time periods per
use).
3.For each time period, add the number of spaces required for all applicable land uses
to obtain a grand total for each of the six time periods.
4.Select the time period with the highest total parking requirement and use that as the
total number of parking spaces required for the site on a shared parking basis.
C.For general land use categories not listed below, the Planning Services Department
A.
shall determine the required parking for the six time periods.
WeekdayWeekend
General Land Use
12 a.m. to 7 a.m. to 6 6 p.m. to 12 a.m. to 7 a.m. to 6 6 p.m. to
Category
7 a.m.p.m.12 a.m.7 a.m.p.m.12 a.m.
Office & Industrial5%100%5%0%5%0%
Retail5%100%80%5%100%60%
Restaurant50%70%100%70%50%100%
Hotel100%65%100%100%65%100%
Residential100%50%80%100%75%75%
Theater5%20%100%5%50%100%
Place of Assembly0%30%50%0%100%75%
Dubuque, IA UDCAdopted 00/00/000 315
Section III – Land Development Regulations Article 15 – Signs
Article 15: Signs
15-1 Purpose
A.The purpose of this Article is to provide minimum standards to safeguard life, health,
property and public welfare by regulating and controlling the design, quality of
materials, construction, location, electrification and maintenance of all signs and sign
structures not located within a building. The provisions of this Article set forth the
comprehensive regulations, conditions and limitations under which signs may be
permitted in the City. This Article is intended:
1.To permit and regulate signs in the least burdensome way that will carry out the
purposes of these regulations and to support theandcomplement theland use
objectives set forth in the Comprehensive Plan and this Code.
2.The purpose of this Article is toTo provide minimum standards for regulating and
controlling the design, quality of materials, construction, location, electrification and
maintenance of all signs and sign structures not located within a building.
3.The regulations of this Article are not intended to permit any violation of the
provisions of any other lawful ordinance.Toassureensurecompatibility of signs
with surrounding land uses and preserve property values of surrounding properties.
4.To allow sign users to communicate their messages, products, services and facilities
to patrons, customers and visitors.
5.To ensure that signs are designed, constructed and installed to not compromise
public safety.
6.To prevent visual clutter caused by the proliferation of signage that may reduce the
effectiveness of individual signs.
7.To preserve views of special and unique natural and architectural features and
historic landmarks.
8.To prevent the installations of a sign in such a manner as to confuse or obstruct the
view or interpretation of any official traffic sign, signal, or device.
15-2 Applicability
9.
A.A sign may be erected, placed, established, painted, created, or maintained within the
City only in conformance with the standards, procedures, exemptions and other
requirements of these sign regulations unless otherwise required and notedor permitted
in other portions of this Code.
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Section III – Land Development Regulations Article 15 – Signs
B.Signs in existence at the time of the adoption of this Code may have their existing use
continued, if such sign was legal at the time of adoption of this Code; provided that proof
Section 15-4.4
of insurance as required in is filed with the Building Official.
C.All existing signs and sign support structures, together with all of their supports, braces,
guys and anchors, shall be kept in repair and in a proper state of preservation. The display
surfaces of all signs shall be kept neatly painted or posted at all times.
D.Signs moved into or within the City shall comply with the provisions of this Code for
new signs.
E.This Article shall not be construed so as to permit any violation of the provisions of this
Code or any other lawful ordinance.
15-3 Enforcement
F.
A.The Building Official is hereby authorized and directed to enforce all the provisions of
this Code. For such purposes the Building Official shall have the powers of a law
enforcement officer.
B.Right of entry. Whenever necessary to make an inspection to enforce any of the
provisions of this Code, or whenever the Building Official or authorized representative
has reasonable cause to believe that there exists in any building or upon any premises any
condition or Code violation which makes such building or premises unsafe, dangerous or
hazardous, the Building Official or authorized representative may enter such building or
premises at all reasonable times to inspect the same or to perform any duty imposed upon
the Building Official by this Code; provided, that if such building or premises be
occupied, the Building Official or authorized representative shall first present proper
credentials and request entry; and if such building or premises be unoccupied, there shall
first be made a reasonable effort to locate the owner or other persons having charge or
control of the building or premises and request entry. If such entry is refused, the
Building Official or authorized representative shall have recourse to every remedy
provided by law to secure entry.
Board of Appeals. In order to provide for reasonable interpretation of the provisions of
C.
this Code, there is hereby established a Board of Appeals as provided in the Building
Code.
C.It shall be unlawful for any person to erect, construct, enlarge, alter, repair, move,
D.
remove, improve or maintain any sign or sign structure or cause or permit the same to be
done in violation of this Code. The doing of any act, or the omission of any act, declared
to be unlawful by this Code, or any code or ordinance herein adopted by reference shall
be deemed a separate offense for each and every day or portion thereof during which any
such unlawful act is committed, continued or permittedand upon conviction shall be
Chapter 1
punishable as provided in . The penalty herein provided shall be cumulative
with and in addition to the revocation, cancellation or forfeiture of any license or permit
elsewhere in this Code provided for violation thereof.
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Section III – Land Development Regulations Article 15 – Signs
15-4 Sign Installer’s License
E.
15-4.1 License Required
No person shall erect, construct, enlarge, alter, repair, move, remove,orimproveor maintain
any sign or sign structure, as covered by this Code, or cause or permit the same to be done
unless licensed by the Cityas provided in this Article.
15-4.2 Exception
No license shall be required of a person to erect, construct, enlarge, alter, repair, move,
remove,orimproveor maintain any sign or sign structure exempted from the requirement to
Section 15-6
obtain a permit as specified in .
15-4.3 License fee; insurance
Before a license is granted to any applicant under this Section and before a license is
renewed, the applicant shall pay the requiredCitysign fee as adopted by the City Council.a
fee of 100 dollars and furnish the required evidence of insurance insuch an amount as herein
specified for an annual license.
15-4.4 Insurance required
Prior to the issuance or renewal of a sign erection license, the applicant shall furnish to the
Building Official such comprehensive public liability and property damage insurance, written
by an insurer licensed to do business in the State, as required by the City.shall protect the
contractor, the City and any subcontractor during the performance of work covered by this
Article from claims or damages, personal injury, including accidental death, as well as for
claims for property damages, which may arise from operations under this project, whether
such operations be by the contractor or by any subcontractor, or by anyone directly or
indirectly employed by either the contractor or by any subcontractor, or by anyone directly or
indirectly employed by either of them, or in such a manner as to impose liability on the City,
and the amounts of such insurance shall be as required by this Code. Such insurance shall
name the City as insured along with the contractor, and shall hold harmless the City against
all suits and claims arising from or as the result of the operations of the contractor or the
contractor's subcontractors.
The amount of coverage shall be as follows: comprehensive public liability insurance in the
amount of $1,000,000 for each occurrence (bodily injury and property damage), and
automobile public liability insurance in the amount of $500,000 for each accident (bodily
injury and property damage).
Each sign erection contractor shall also maintain on file with the Building Official a
certificate evidencing that the insurer will give the Building Official 15 days' written notice
prior to termination or cancellation of the required insurance.
Upon notice of termination or cancellation of insurance, the Building Official shall notify the
license holder by certified mail that the sign erection license is revoked effective on the date
Dubuque, IA UDCAdopted 00/00/000 318
Section III – Land Development Regulations Article 15 – Signs
of termination or cancellation of the required insurance coverage and, further; that all
outstanding sign permits are revoked on the date of termination or cancellation of the
required insurance.
Expiration. Each license issued under this Section shall expire on December 31, following
the date of its issue and shall be renewed by the City upon application of the license holder
and payment of the required fee and proof of insurance any time on or before January 1 of
each year.
15-5 Definitions
The following definitions apply to signs within the City of Dubuque and may be applied
solely or in conjunction with the zoning districts within the Uniform Development Codeare
applicable to this Article.
Abandoned Sign:
a sign which no longer identifies or advertises a business, lessor, service,
owner, product, or activity at that premise or a sign for which no legal owner can be found.
Aerial Sign:
a balloon or other inflatable device which sits on a surface or is tethered to the
ground or to a building or vehicle or other structure that directs attention to a business,
commodity, service, or entertainment conducted, sold, or offered., regardless of whether it
does or does not contain text or advertising copy.
Audible Sign:
anyasign that conveys either a written message supported by an audible
noise including music, spoken message, and/or sounds to attract attention to the sign. Audible
signs also include signs conveying only the audible noise including music, spoken message,
and / or sounds to attract attention.
Back Lit Sign:
a sign whose light source is located behind fully opaque letters and/or
graphics.
Banner Sign:
anyasign of lightweightfabric or similar material that is permanently
mounted to a pole or building by a permanent frame at one or more edges. National flags,
state or municipal flags, or official flag of any institution or business shall not be considered
banners. Banner signs shall may not represent contain a commercial message.
Bench Sign:
a sign located on the seat or back of a bench or seat placed on or adjacent to a
public right-of-way.
Billboard Sign:
(See Off-Premises Sign)
Building Complex:
two or more buildings on the same lot or premises sharing one or more
common access pointsand parking facilities.
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Section III – Land Development Regulations Article 15 – Signs
Building Marker Sign:
anyasign indicating the name of a building and date and incidental
information about its construction, which sign is cut into a masonry surface or displayed on a
stone or metal plaque attached to the building.
Building Sign:
anyasign supported by, painted on or otherwise attached to any building or
structure.
Canopy/Awning Sign:
an enclosed, illuminated (backlit awning) or non-illuminated
structure that is attached to the wall of a building with the sign area integrated into its
surface. For purposes of this Code, this is considered a wall mounted sign.
Center Identification Sign:
anyasignerected to provideindicating direction to a multi-
tenant commercial building, building complex, shopping center or similar centerwhich may
include multiple uses and/or structures within the development. Center Identification signs
shall include the name of said development and may include the names of tenants within the
development.
Changeable Copy Sign:
a sign or portion thereof with characters, letters, or illustrations that
can be changed or rearranged manually without otherwise altering the face or the surface of
the sign.
Combination Sign
: a sign incorporating any combination of the features of freestanding,
projecting, roof, and wall signs.
Commemorative Sign:
a permanent sign or architectural feature indicating the name of the
structure, its address, date of construction, or other information of commemorative or
historical significance.
Construction Sign:
a temporary sign identifying an architect, contractor, subcontractor,
material supplier, financier, realtor, or others participating in the construction or development
of the property on which the sign is located.
Direct Lighting:
illumination by means of an external source.
Directional/Informational Sign:
an on-premises sign identifying a premisespremise, 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 include
signs marking entrances, exits, parking areas, loading areas or other operational features of
the premises.
Directory Sign:
an on-premises sign identifying an activity, operational feature, or business
name upon such premises. Directory signs shall includeThe building names, offices, or
activities shall be displayed inthesame size letters, colors and general design and shall be
limited to one sign per street entrance.
Discontinued Sign:
(See Abandoned Sign)
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Section III – Land Development Regulations Article 15 – Signs
Double-Faced Sign:
asign constructed to display its message on the outer surfaces of two
identical and opposite planes not exceeding 45 degrees.
Electronic Message Sign:
a sign that uses changing lights to form a sign message or
messages wherein the sequence of messages and the rate of change is electronically
programmed and can be modified by electronic processes.
Externally Illuminated Sign:
a sign whose illumination is derived from an external source.
Façade:
the entire building front, including the parapet.
Fence Sign:
a freestanding sign attached to or painted on a fence.
Flashing Sign:
a sign, which, by method or manner of illumination, flashes on or off, winks,
or blinks with varying light intensity, shows motion, or creates the illusion of being on or off.
A flashing sign does not include electronicmessage center signs.
Freestanding Canopy Sign:
a permanent sign affixed to, or part of, a canopy face
advertising the business.oil company or financial institution's brand name and/or logo only.
Freestanding Sign:
anyasign supported by uprights or a brace placed on or in the ground
and is not supported by any building.
Frontage:
the length of the property line of anyone premises along a public right of way on
which it borders. A building or building complex which lacks frontage on a public right of
way or buildings located on a private street have "internal frontage". (See diagram)
Gas Station Price Sign:
a changeable copy or electronic sign advertising gasoline prices.
Government Sign:
anyatemporary or permanent sign erected and/or maintained by the
Federal, State, County, City governments, or in conjunction with the City, for identification,
traffic control or direction, or for designation of or direction to any school, hospital, historic
site, or public service, property, or facility.
Ground Monument Sign:
a structure built on grade that is wider than it is high, is solid, and
has continuous contact with the ground.
Hazardous Sign:
a sign that by reason of design,inadequate maintenance, dilapidation,
obsolescence or placement creates a hazard to the public health, safety and welfare.
Historic District
: an area designated as an “Historic District” by ordinance and which
contains within definable geographic boundaries, properties, or buildings, that may or may
not be landmarks but which contribute to the overall historic character of the designated area.
Holiday Decoration Sign:
a temporary sign, in the nature of decorations, clearly customary
and commonly associated with federal, state, local, or religious holidays and contains
containingno commercial message.
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Section III – Land Development Regulations Article 15 – Signs
Illegal Sign:
any of the following:
A.a sign erected without first obtaining a permit and complying with all regulations in effect
at the time of its construction or use;
B.a sign that was legally erected but whose use has ceased because the business it identifies
is no longer conducted on the premises;
C.a sign that was legally installed but altered in a manner that made it illegal;
D.a sign that is a danger to the public or is unsafe.
Illuminated Sign:
a sign illuminated in any manner by a light source.
Incidental Sign:
a sign, generally informational, that has a purpose secondary to the use of
thezonelot on which it is located, such as “no parking,” “entrance,” “loading only,”
“telephone,” and other similar directives.
Inflatable Sign:
anyasign designed or constructed to be filled with air or gas that displays
either the business name or an identifiable corporate character or logowith the ability to be
mechanically filled with air or gas.
Internal Sign:
a sign that is not intended to be viewedvisible from outside the property, and
located so as not to be visible from any public right-of-way or from any adjacent property,
including any signs in interior areas of shopping centers, commercial buildings and
structures, stadiums, and similar structures of a recreational nature. Also includedIncluded in
such definition areisa sign inside a building, window or door and any sign not attached to a
window or door that is not legible from a distance of more than five feet beyond the lot line
of the zoning lot or parcel on which such sign is locatedproperty.
Internally Illuminated Sign:
a sign whose light source is in the interior of the sign so that
the rays golight passes through the face of the sign.
Kiosk Sign:
a freestanding bulletin board or a sign that is meant to provide direction to the
public.
Maintenance:
the cleaning, painting, repair, or replacement of defective parts of a sign in a
manner that does not alter the basiccopy, design, or structure of the sign.
Marquee Sign:
a sign located on any permanent roof-like structure projecting beyond a
building or extending along and projecting beyond the wall of the building., generally
designed and constructed to provide protection from the weather.
Menu-Board Sign:
a permanently mounted sign displaying the bill of fare for a drive-
throughrestaurant.
Message Center Sign:
(See Electronic Message Center Sign)
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Section III – Land Development Regulations Article 15 – Signs
Mobile Sign:
a sign mounted on a motor vehicle, trailer or other framework, not permanently
attached to a pole, building or other structure.
Moving Sign:
anyasign which in part or in total rotates, revolves, or otherwise is in motion.
Nameplate Sign:
an on-premise identification sign, giving only the name, address, and/or
occupation of an occupant or group of occupants.
Neon Sign:
a sign containing glass tube lighting in which a gas and phosphors are used in
combination to create a colored light.
Nonconforming Sign:
anyasign that does not conform to the requirements of this Code.
Obsolete Sign:
(See Abandoned Sign)
Off-Premises Sign:
a sign structure advertising an establishment, merchandise, service, or
entertainment which is not sold, produced, manufactured, or furnished at the property on
which said sign is located.
On-Premise Sign:
a commercial sign which pertains to the use of the premises on which it is
located.
Painted Ghost Wall Sign:
ahistoric sign copyapplied to a building wall with paint or
similar substances on the face of a wall and has been in existence prior to the adoption of this
Code12/31/2007 and which has no sign structure and advertises products from the past.
Painted Wall Sign:
a sign applied to a building wall with paint or similar substances on the
face of a wall and which has no sign structure. A “Painted Wall Sign” is considered to be a
wall mounted sign for calculation purposes.
Pennant Sign:
anyalightweight plastic, fabric, or other material, whether or not containing
a message of any kind, suspended from a rope, wire, or string, usually in series, and designed
to move in the wind.
Permanent Sign:
a sign attached to a building, structure, or the ground in some manner that
requires a permit from the building department andthisthat is made of materials intended for
long-term use.
Pole Sign:
a sign that is mounted on a freestanding pole or other support so that the bottom
edge of the sign face(s) is above grade.
Political Sign:
a sign identifying and urging votersupport for a particular election issue,
political party, or candidate for public office or expressing the personal political
noncommercialviews of the property owner or tenant.
Portable Sign:
a sign, usually of a temporary nature, not securely anchored to the ground or
to a building or structure. Examples are: menu and sandwich board signs, umbrellas used for
advertising, and signs attached to or painted on vehicles parked and visible from the public
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Section III – Land Development Regulations Article 15 – Signs
right-of-way, unless said vehicle is used in the normal day-to-day operations (deliveries and
transportation of personnel) of the business.
Projecting Sign:
a sign other than a flat wall sign, which is attached to and projects from a
building wall or other structure not specifically designed to support the sign and is not
parallel to the structure to which it is attached.
Public/Traffic Information Sign:
a sign, erected and maintained by a public agency that
provides the public with information. Includes, but not limited to, speed limit signs, stop
signs, city limit signs, welcome signs, street name signs, vehicle identification signs,
pedestrian wayfinding signs and destination and directional signs.
Real Estate Sign:
a temporary sign that identifies property or properties that are for rent, sale
or lease.
Roof Line:
the top edge of the roof or building parapet, whichever is higher., excluding any
cupolas, pylons, chimneys, or minor projections.
Roof Sign:
anyasign erected upon or above a roof or parapet wall of the building,inwhich
itis wholly or partially supported by such building or is made to be an integral part of the
roof structure.
Sandwich Board Sign:
an advertising or business ground sign constructed in such a manner
as to form an “A” or a tent-like shape, hinged or not hinged at the top; each angular face held
by a supporting member.
Sign:
anyadevice, structure, fixture, or placard using graphics, symbols, and/or written copy
designed specifically for the purpose of advertising or identifying any establishment, point of
view, opinion, product, goods, services, activities or uses.
Sign Area:
the entire face of a sign including the advertising surface and any framing, trim,
or molding, but not including the supporting structure.
Sign Base:
any decorative, functional element extending upward from grade to the start of
the sign.
Sign Cabinet
: a module, background, or an enclosure containing channels or other means of
fastening and displaying a sign panel, but excluding sign supports, architectural framing, or
other decorative features which contain no written message.
Sign Copy:
anyacombination of letters or numbers which areisintended to inform, direct
or otherwise transmit information.
Sign Copy Area:
the area of the sign occupied by signcopy. It is computed by measuring
the area enclosed by straight lines drawn to enclose the extremities of the letters or numbers.
Sign Face:
the area or display surface used for the messagesign copy.
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Section III – Land Development Regulations Article 15 – Signs
Sign, Gross Area:
the entire area within a single continuous perimeter enclosing the extreme
limits of a sign. However, this perimeter shall not include any structural elements lying
outside of the limits of the sign and not forming an integral part of the display.
Sign Height:
the vertical distance measured from the highest point of the sign, excluding
embellishments of not more than five feet in height above the sign, to the average ground
grade beneath the sign.
Sign Panel:
a sign surface containing a message that is separate and removable from a sign
cabinet. A panel that contains a message and is attachable to a surface or sign structure
without the use of a sign cabinet is not a sign panel.
Sign Setback:
the horizontal distance from the property line to the nearest projection of the
existing or proposed sign.
Sign Stacking:
the placing of one sign above another at the same location.
Sign Structure:
the base, supports, uprights, bracing, or framework of any structure
exhibiting a sign, be it single-faced, double-faced, or V-type or otherwise.
Sign Surface:
the entire area of a sign.
Signage Plan:
a scaled or dimensioned graphic representation showing a comprehensive
detailed presentation of all signage proposed for a particular lot.
Snipe Sign:
an off-premises sign that is tacked, nailed, posted, pasted, glued, or otherwise
attached to trees, poles, stakes, fences, or to other objects.
Special Event Sign:
a sign advertising display that is temporary in nature, isnot permanently
attached to the ground or signbuildingsurface, and isused for special events, such as, but
not limited to, grand openings, seasonal sales, liquidations, going-out-of-business sales, fire
sales, and promotions.
Subdivision Identification Sign:
a ground monument style sign or wall sign identifying a
recognized subdivision, condominium complex, or residential development.
Suspended Sign:
(See Under-Canopy Sign)
Temporary Sign:
a sign constructed of cloth, fabric, or other material with or without a
structural frame intended for a limited period of display, including displays for holidays or
public demonstrations.
Under-Canopy Sign:
a directionalsign attached beneath a canopy, ceiling, roof, or marquee.
Video Sign:
any on-premises or off-premises sign that convey either a commercial or non-
commercial message, including a business or organization name, through means of a
television or other video screen.
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Section III – Land Development Regulations Article 15 – Signs
V-Type Sign:
a sign with two separate faces at one location that are at an angle of 45 degrees
or less to each other.
Wall Sign:
anyasign attached parallel to, but within 18 inches of, a wall, painted on the wall
surface of, or erected and confined within the limits of an outside wall of any building or
structure, which is supported by such wall or building, and which displays only one sign
surface.
Warning Sign:
asign located on a property posting such property for warning or
prohibitions on parking, trespassing, hunting, fishing, swimming, or other activity.
Window Sign:
anyasign, pictures, symbol, or combination thereof, designed to
communicate information about an activity, business, commodity, event, sale, or service, that
is placed inside a window or upon the window panes or glass and is visible from the exterior
of the window.
15-6 Permit Required
A sign shall not hereafter be erected, re-erected, constructed, altered or maintained, except as
provided by this Code and after a permit for the same has been issued by the Building
Official. A separate permit shall be required for a sign or signs for each business entity, and a
separate permit shall be required for each group of signs on a single supporting structure. In
addition, electrical permits shall be obtained for electric signs.
15-6.1 Permit Application
A.Application for a sign permit shall be made in writing upon forms furnished by the
Building Official. Such application shall contain the location by street and number of the
proposed sign structure, as well as the name and address of the owner and the sign
contractor or erector.
B.Submission. Plans, engineering calculations, diagrams and other data shall be submitted
in one or more sets with each application for a permit. The Building Official may require
plans, computations and specifications to be prepared and designed by an engineer or
architect licensed by the State to practice as such.
C.Exception. The Building Official may waive the submission of plans, calculations,
construction inspection requirements, etc., if he or she finds that the nature of the work
applied for is such that reviewing of plans is not necessary to obtain compliance with this
Code.
D.Information on plans and specifications. Plans and specifications shall be drawn to scale
upon substantial paper or cloth and shall be of sufficient clarity to indicate the location,
nature and extent of the work proposed and show in detail that it will conform to the
provisions of this Code and all relevant laws, ordinances, rules and regulations.
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Section III – Land Development Regulations Article 15 – Signs
15-6.2 Issuance
A.The Building Official shall within 20 days of the filing of a completed application for a
sign permit either issue a permit to the applicant or issue a written notice of intent to deny
a permit to the applicant. The Building Official shall issue a sign permit immediately
unless:
1.An applicant has failed to provide information required by this Article for issuance of
a permit or has falsely answered a question or request for information on the
application form.
2.The permit application fee required by this Article has not been paid.
3.The completed application demonstrates that the sign applied for is not in compliance
with requirements of this Article or is not in compliance with another part of the
Dubuque City Code.
B.If the Building Official determines that the permit will not be issued, the Building
Official shall immediately send a notice, which shall include the specific grounds under
this Article for such action, to the applicant by personal delivery or certified mail. The
notice shall be directed to the address set out in the application. The applicant shall have
10 days after the delivery of the written notice to submit, at the office of the Building
Official, a written request for a hearing. If the applicant does not request a hearing within
said 10 days, the Building Official’s written notice shall become a final denial.
C.If the applicant does make a written request for a hearing within said 10 days, then the
Building Official shall, within 10 days after the submission of the request, designate a
neutral Hearing Officer and send a notice to the applicant indicating the name of the
Hearing Officer, the date, time, and place of the hearing. The hearing shall be conducted
not less than 10 days nor more than 20 days after the date that the hearing notice is
issued. The City shall provide for the hearing to be transcribed.
D.At the hearing, the applicant shall have the opportunity to present all of applicant’s
arguments and to be represented by counsel, present evidence and witnesses on his or her
behalf, and cross-examine any of the City’s witnesses. The Building Official may also be
represented by counsel, and shall bear the burden of proving the grounds for denying the
permit. The hearing shall take no longer than two days, unless extended at the request of
the applicant to meet the requirements of due process and proper administration of
justice. The Hearing Officer shall issue a final written decision, including specific reasons
for the decision pursuant to this Article, to the applicant within five days after the
hearing.
E.If the decision is to deny the permit, the decision shall advise the applicant of the
A.
right to appeal such decision to a court of competent jurisdiction. If the Hearing Officer’s
decision finds that no grounds exist for denial of the permit, the Hearing Officer shall,
contemporaneously with the issuance of the decision, order the City to immediately issue
the permit to the applicant.
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Section III – Land Development Regulations Article 15 – Signs
10-6.2Insurance
Insurance for signs projecting over public property. Prior to issuance of any permit for a
B.
sign projecting into public right of way or public property, proof of insurance shall be
furnished to the Building Official. Coverage shall consist of such comprehensive public
liability and property damage insurance written by an insurer licensed to do business in the
State as shall protect the City during the life of the sign from claims or damages, personal
injury, including accidental death, as well as claims for property damages, which may arise
from the existence of the sign in such a manner as to impose liability onthe City, and the
amounts of such insurance shall be as required by this Code. Such insurance shall name the
City as insured along with the owner and/or occupant of the premises, and shall hold
harmless the City against all suits and claims arising from the existence of the sign or signs
for which a permit is requested.
The amount of coverage shall be as follows: public liability insurance for bodily injury and
1.
property damage, in the amount of 500,000 dollars for each occurrence.
Each owner and/or occupant of a premises required to furnish proof of insurance shall also
2.
maintain on file with the Building Official a certificate evidencing that the insurer will give
the Building Official 15 days' written notice prior to termination or cancellation of the
required insurance.
Upon notice of cancellation or termination of insurance, or expiration of proof of insurance,
3.
the Building Official shall notify the owner and/or occupant of the premises for which proof
of insurance is required by certified mail that the sign or signs are in violation of this Code
and shall be removed by the date stipulated in the notice.
15-6.3 Permit Validity
The issuance or granting of a permit shall not be construed to be a permit for, or an approval
of, any violation of any of the provisions of this Code or of any other ordinance of the City.
Permits presuming to give authority to violate or cancel the provisions of this Code Article or
of any other ordinances of the City shall not be valid.
The issuance of a permit based upon plans, specifications and other data shall not prevent the
Building Official from thereafter requiring the correction of errors in said plans,
specifications and other data.
15-6.4 Permit Expiration
A.Every permit issued by the Building Official under the provisions of this Code shall
expire by limitation and become null and void if the buildingstructure or work authorized
by such permit is not commenced within 180 days from the date of such permit, or if the
buildingstructure or work authorized by such permit is suspended or abandoned at any
time after the work is commenced for a period of 180 days. Before such work can be
recommenced, a new permit shall be first obtained. In order to renew action on a permit
after expiration, the permittee shall pay a new full permit fee.
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Section III – Land Development Regulations Article 15 – Signs
B.Any permittee holding an unexpired permit may apply for an extension of the time within
which he may commence work under that permit when he is unable to commence work
within the time required by this Section for good and satisfactory reasons. The Building
Official may extend the time for action by the permittee for a period not exceeding 180
days upon written request by the permittee showing that circumstances beyond the
control of the permittee have prevented action from being taken. No permit shall be
extended more than once.
15-6.5 Suspension or Revocation
The Building Official may, in writing, suspend or revoke a permit issued under the
provisions of this Code whenever the permit is issued in error or on the basis of incorrect
information supplied, or in violation of any ordinance or regulation or any of the provisions
of this Code.
15-6.6 Inspections
A.All signs for which a permit is required shall be subject to inspection by the Building
Official.
B.Footing inspections shall be required by the Building Official for all signs having
footings.
C.All signs containing electrical wiring shall be subject to the provisions of the Electrical
Code12, and the electrical components used shall bear the label of an approved testing
agency.
D.The Building Official may order the removal of any sign that is not maintained in
Section 15-15
accordance with the provisions of .
E.All signs may be re-inspected at the discretion of the Building Official.
15-7 Sign Calculations
F.
A.On-premises signs:
1.Single face. The area of a single face sign shall be measured by calculating the area of
each cabinet, module or panel which makes up the sign face and summing the
combined areas to determine the total area. No integral structural element or support,
including structural embellishments such as pole covers, framing or architectural
design elements, shall be included in the measurement of sign area; provided, that
there is no writtensigncopy, symbol or other advertising message upon such
structural element or support. However,sSuch structural element or embellishment
shall not exceed the total square footage allowed for the sign area. Should any written
signcopy, symbol or other advertising message be located on such structural element
or support, the area enclosed by straight lines drawn closest to the copy extremities
encompassing the individual letters, words or symbols shall be included in measured
and added to the total sign area calculation. The gross area of a sign composed only
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Section III – Land Development Regulations Article 15 – Signs
of separate letters, words or symbols, without background, shall be measured as the
area enclosed by straight lines drawn closest to the copy extremities encompassing
the individual letters, words or symbols.
2.Double-faced. Same as single face except that a double-faced sign shall onlycount
one face shall be counted forsignarea determination.
3.Multiple-faced. Same as single face except that only one face shall be counted for
area determination and each face shall be reduced in area by 20 percent, for each face
over two.
B.Off-premises signs:
1.The area of off-premises signs shall be measured in the same manner as on-premises
signs, except that for off-premises signs that havehaving "add-ons" to the principal
sign panel, thenthe sign area of eachadditional"add-on" shall be calculated
separately for its area and added to the principal sign panel. However, iIn no case
shall the total signarea of the principal sign panel when added to the sign area of the
"add-ons" exceed the maximum sign area provided within the district in which it is
located.
2.Sign number. The number of signs shall be calculated by the number of permitted
signs displayed on a premise.
3.Single face. Each integral structural unitstructure displaying aunified informational
content shall be counted as one sign.
4.Double-faced. A double-faced sign meeting the same requirements of a single face
sign and supported on a single structure shall be counted as one sign.
5.Multiple-faced. Multiple-faced signs, including v-shaped signs, meeting the same
requirements of a single face sign and supported on a single structure shall be counted
as one sign.
6.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 streetfrontagealone. Each frontage is to be considered separately.
7.Painted wall signs: Nonstructural signs painted on buildings shall be regulated in size,
location, height and number as wall mounted signs.
Figure15-7
8.Thefollowing graphics are included as provides an illustrations of how to
calculate sign area and the number of faces for purposes of this Article. These are
illustrations only and do not necessary represent all possible conditions and/or
situations; final determination of calculations lies strictly with the City.
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Section III – Land Development Regulations Article 15 – Signs
15-8 Prohibited Signs
9.
The following signs shall be expressly prohibited in all zoning districts, any contrary
provisions or implications of this Code notwithstanding:
A.Any sign prohibited by state or federal regulation.
Section
B.Any sign which infringes upon the area of a visibility triangle as required in
A.
3-4
.
C.Any sign which contains the words "danger" or "stop," or otherwise presents or
B.
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 authority.
D.Any sign or lighting which casts direct light or glare upon any property in a
C.
residential or office residential district.
E.Any portable sign, including any sign displayed on a stored vehicle, except for a
D.
Section 15-9
display of temporary political signs as provided inexempted in.
F.Any sign which obstructs the reasonable visibility of a sign maintained by a public
E.
authority, or which otherwise distracts attention from such sign.
G.Any sign attached to public or private utility poles, signs or other appurtenances,
F.
including trees, located in the public right-of-way.
Section 15-5
H.Roof signs as defined in , except that any on-premise roof sign of less
G.
than 100 square feet and located in a C3 District which was constructed prior to March
18, 1985 shall not be prohibited by this section and shall be deemed to be an allowed
wall-mounted sign, provided that multiple signs are of uniform height not to exceed six
feet above eave and signs that do not conform with this standard will be brought into
conformance with a change in use.
Section 15-5
I.Any flashing signs as defined in .
H.
15-9 Exempt Signs
I.
The following types of signs are exempted from the requirements of this CodeArticle:
A.Holiday or special events decorations.
B.Nameplates of two square feet or less;,provided that in residential districts or on
residential structures only name and address may comprise the nameplate.
C.Political signs no larger than 32 square feet,shallprovided they are not be placed in any
Section 3-4
public right of way or in a visibility triangle as required in .
D.Government signsor notices, public service information signs or any sign relating to an
emergency.
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Section III – Land Development Regulations Article 15 – Signs
E.Real estate signs on residential property provided they are not over 12 square feet in area
and not over six feet in height. Real estate signs advertising commercial, agricultural or
industrial property or subdivisions of multiple lots shall not be over 32 square feet in area
and 12 feet in height. Such signs shall not be placed in any public right of way or in a
Section 3-4
visibility triangle as required in .
F.Non-illuminated Window windowsigns.(interior only)
G.Illuminated window signs not exceeding 20 square feet; provided, that required light is
not reduced beyond the limits established in the building code.
H.Commemorative signs.
I.Construction signs not exceeding 32 square feet.
J.Official flags of nations, states or political subdivisions thereof.
K.Painted ghost wall signs.
15-10 Temporary Signs
K.
Temporary signs, where allowed, shall be erected and maintained in accordance with the
following provisions:
A.Certificate Permit and Fee Required: No persons shall erect, alter or relocate any
temporary sign except for real estate and political signs without first making application,
submitting the required permit fee, and obtaining a temporary sign certificatepermit from
the Building Official.
B.Limit on Number of CertificatesPermits: No more than four certificates for temporary
signspermits shall be issued for the same zoning lot in one calendar year.
C.Materials and Methods: The building official shall impose as a condition of the issuance
of certificatea temporary sign permit, 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. Pennants, banners and inflatable signs, are permitted temporary
signs.
E.Number, Area, Height and Location:The permitted area, height and location of pennants,
banners and inflatable temporary signs shall be determined by the building official with
consideration given to public safety and the signage reasonably necessary and appropriate
for the intended use. The maximum sign area of non-projecting building signs or free-
standing signs or other temporary signs shall be 32 square feet in all zoning districts.
Signs shall not be greater than five feet in height. Such signs shall not be placed in any
Section 3-4
public right of way or in a visibility triangle as required in . No temporary
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Section III – Land Development Regulations Article 15 – Signs
business sign shall be placed within 50 feet of another "temporary sign" as defined
herein.
F.Quasi-Public Signs: Quasi-public signs, giving notice of special events and activities
sponsored by recognizedcivic, patriotic, religious or charitable organizations for
noncommercial purposes, subject to the following:
G.Location: Quasi-public signs may be located on or off ofthe 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.
H.Timing: Quasi-public signs shall not be erected or maintained more than 30 days prior to
the date on which the event advertised is to occur and shall be removed immediately after
the termination of the event.
I.Temporary Business Signs: Temporary business signs, calling attention to a special,
unique or limited activity, service or product or sale of limited duration, as follows:
1.Location: Temporary business signs shall be located only on the lot upon which the
special activity is to occur. Such signs shall not project over any lot line.
2.Timing: Temporary business signs shall be erected and maintained for a period not to
exceed 30 days, at the expiration of which the certificatepermit holder shall
immediately remove such temporary sign.
15-11 Permitted On-Premises Signs
On-premises signs shall be allowed in each zoning district as shown below and according to
the following:
A.Signs located within a PUD shall be approved as part of the ordinance establishing the
PUD.
B.Signs located within a Historic Preservation District may be allowed as provided in
Section 15-13
, and shall be approved by the Historic Preservation Commission prior to
the issuance of a building permit.
C.Signs for conditional uses shall be as shown below unless further restricted by the Board
of Adjustment.
Dubuque, IA UDCAdopted 00/00/000 333
15-14 Nonconforming Signs
F.
Any sign which becomes a nonconforming sign on the effective date of this CodeArticleor
which becomes a nonconforming sign at any future date shall be regulated according to the
Section 4-6
rules set forth in ;,providedfurtherthat no alteration, improvement or other
change, except changes to the sign panel that do not result in changes to the sign cabinet,
may be made to such nonconforming sign that will increase its level of nonconformity. In the
event that such nonconforming sign, or panels or portions thereof shall be removed, for a
period exceeding six months, or if the use to which the nonconforming sign pertains is
changed, any replacement sign shall be made to conform to the maximum area, number,
allowable structure type, protection, height, lighting and motion requirements for signs
otherwisepermitted in the zoning district. However, anyA nonconforming sign may be
altered to reduce its level of nonconformityor signs with nonconforming characteristics may
be altered to eliminate those characteristics.
15-15 Maintenance
G.
All signs and sign support structures, together with all of their supports, braces, guys and
anchors, shall be kept in repair and in a proper state of preservation. The display surface of
all signs shall be kept neatly painted or posted at all times.
15-16 Discontinued or Abandoned Signs
H.
Signs which are not properly maintained as determined by the building official or which
advertise a use which has been abandoned or discontinued shall be removed by the property
owner within 90 days after abandonment of the principal use or may thereafter be removed
by the building official with such removal expense charged to the property owner. Signs that
meet the definition of painted ghost wall sign shall not be considered discontinued or
abandoned.
15-17Message Substitution
I.
Subject to the land owner’s consent, aA noncommercial message of any type may be
substituted for any duly permitted or allowed commercial message or any duly permitted or
allowednoncommercial message, provided, that the sign structure or mounting device is
legal without consideration of message contentthe sign copy. Such substitution of message
may be made without any additional approval or permitting. This provision prevails over any
more specific provision to the contrary within this Article. The purpose of this provision is to
prevent any inadvertent favoring of commercial speech over noncommercial speech, or
favoring of any particular noncommercial message over any other noncommercial message.
This provision does not create a right to increase the total amount of signage on a parcel, nor
does it affect the requirement that a sign structure or mounting device be properly permitted.
15-18 Projecting Signs
J.
A.Permit Required: No person, firm or corporation shall place and/or maintain any
projecting sign over the public right-of-way without first obtaining a permit therefore,
Dubuque, IA UDC Adopted 00/00/000 352
complying with all applicable local, state and federal regulations, providing acceptable
proof of liability insurance and paying the permit fee, all as provided in this Code.
B.Application for Permit: Any application for a permit for a projecting sign shall be filed
with the building official on a form provided by the building official not less than seven
days prior to the date the projecting sign is to be installed.
C.Permit Fees: The applicant shall pay the permit fee to the city for each projecting sign at
the time of the filing of an application for each projecting sign.
Compliance with Zoning Ordinance:
D.
The building official shall not issue a permit for anyprojecting sign which does not
1.
comply with the sign regulations set forth in the zoning ordinance as to projection,
size, number and other zoning restrictions.
If the zoning board of adjustment has granted a variance from the sign regulations set
2.
forth inthe zoning ordinance for a projecting sign, the sign shall be deemed to be in
compliance with the zoning ordinance.
If the projection for a sign exceeds the allowable projection set forth in the zoning
3.
ordinance, the public works director, or his/her designee, shall make a
recommendation to the city council. The building official shall not issue a permit for
the sign unless it is approved by the city council.
Compliance with Historic Preservation Ordinance: The building official shall not issue a
E.
permit for any projecting sign which does not comply with the regulations set forth in
Chapter 25
.
Maintenance: The permit holder for each projecting sign for which a permit is issued shall:
F.
Maintain the sign in a good state of repair; and
1.
Construct the sign of such materials as to meet all local, state and federal regulations
2.
governing the construction and installation of signs.
D.Hold Harmless: The permit holder shall enter into a hold harmless agreement with the
G.
City of Dubuque for any projecting sign prior to issuance of the permit, which shall
require that the permit holder pay on behalf of the city all sums which the city shall be
obligated to pay by reason of any liability imposed upon the city for damages of any kind
resulting from the placement or maintenance of a sign, whether sustained by any person
or persons, caused by accident or otherwise, and shall defend at its own expense and on
behalf of the city any claim against the city arising out of the placement or maintenance
of said sign.
E.Insurance: Prior to the issuance of a permit for a projecting sign, the applicant shall
H.
furnish proof of insurance shall be furnished to the building officialby the owner and/or
occupant of the premises. as follows:
Dubuque, IA UDC Adopted 00/00/000 353
1.Coverage shall include such comprehensive public liability and property damage
insurance written by an insurer licensed to do business in the State of Iowa as shall
protect the City during the life of the projecting sign from claims or damages,
personal injury, including accidental death, as well as claims for property damages,
which may arise from the existence of the sign in such a manner as to impose liability
on the City, and the amounts of such insurance shall be as required by the City
Manager.
2.Such insurance shall name the City as an additional insured.
3.Each owner and/or occupant of the premises required to furnish proof of insurance
shall also maintain on file with the building official a certificate evidencing that the
insurer will give the building official 30 days' written notice prior to termination or
cancellation of the required insurance.
4.Upon notice of cancellation or termination of insurance, or expiration of proof of
insurance, the building official shall notify, by certified mail, the owner and/or
occupant of the premises for which proof of insurance is required by certified mail
that the projecting sign or signs are in violation of this Article and shall be removed
by the date stated in the notice.
F.Exclusion: The permit holder shall agree in writing prior to the issuance of a permit to the
I.
following:
1.The permit holder, by acceptance of a permit, covenants and agrees that the revocable
permit granted does not constitute approval of the design, construction, repair or
maintenance of any projecting sign.
2.The permit holder, by acceptance of a permit, covenants and agrees not to assert a
waives all claims or defenses against the City in the event of claim asserted for death,
personal injuries and/or property damage against the permit holder arising out of or in
any way connected with the existence,design, construction, repair or maintenance of
projecting sign or signs for which a permit is issued.
G.Revocation:
J.
1.A permit granted under this Article shall be revocable upon 10 days' written notice to
the permit holder at the convenience of the city. A permit also may be revoked or not
renewed for failure to comply with the requirements of this Article or any other
applicable legal requirements, or for fraud, deceit, or misrepresentation in connection
with an application for a permit.
2.In the event of such revocation, the building official shall notify the permit holder in
writing of such revocation or refusal of renewal, specifying the reasons therein for
such refusal. The permit holder or permit holder's successor in interest may petition
the city council for a hearing on such refusal within 30 days of receipt of the building
official's letter.
Dubuque, IA UDC Adopted 00/00/000 354
H.The permit holder, within 30 days of receipt of a written notice from the building
K.
official to remove a projecting sign, shall at the permit holder's expense remove such
sign. In the event of the permit holder's failure to do so, the city of Dubuque shall remove
the sign at the permit holder's expense and dispose of the same. The permit holder shall
agree in writing prior to the issuance of a permit to make no claim against the city or its
agents for damages resulting from the removal of said sign.
I.Nothing in this section shall preclude the building official from giving immediate notice
L.
to a permit holder to remove a projecting sign in the event such sign has been damaged or
has been moved or otherwise placed to cause an immediate threat to public safety. In the
event the sign is not removed within seven days of such notification, the building official
shall remove such sign as provided in subsection (c) of this section.
15-19 Fees Schedule
A.Permit Fees: The fee for each sign permit shall be as set forth in table no. 3-C set out at
the end of this sectionadopted by the City Council.
B.Expiration of Plan Review: Applications for which no permit is issued within 180 days
following the date of application shall expire by limitation, and plans and other data
submitted for review may thereafter be returned to the applicant or destroyed by the
building official. The building official may extend the time for action by the applicant for
a period not exceeding 180 days upon request by the applicant showing that
circumstances beyond the control of the applicant have prevented action from being
taken. No application shall be extended more than once. In order to renew action on an
application after expiration, the applicant shall resubmit plans and pay a new plan review
fee.
C.Investigation Fees; Work Commenced wWithout a Permit:
1.Investigation: Whenever any work for which a permit is required by this Code has
been commenced without first obtaining said permit, a special investigation shall be
made before a permit may be issued for such work.
2.Fee: An investigationpenalty fee, in addition to the permit fee, shall be collected
whether or not a permit is then or subsequently issued. The investigation penaltyfee
shall be equal to the amount of the permit fee required by this Code.The minimum
Table 3-C
investigation fee shall be the same as the minimum fee set forth in , set out
at the end of this section. The payment of such investigation penaltyfee shall not
exempt any person from compliance with all other provisions of this Code nor from
any penalty prescribed by law.
D.Fee Refunds:
1.The building official may authorize the refunding of any fee paid hereunder which
was erroneously paid or collected.
Dubuque, IA UDC Adopted 00/00/000 355
2.The building official may authorize the refunding of not more than 80 percent of the
permit fee paid when no work has been done under a permit issued in accordance
with this Code.
3.The building official shall not authorize the refunding of any fee paid except upon
written application filed by the original permittee not later than 180 days after the
date of fee payment.
15-20 Design, Generally
A.General: Signs and sign structures shall be designed and constructed to resist wind as
specified in this Section. All bracing systems shall be designed and constructed to
transfer lateral forces to the foundations. For signs on buildings the dead and lateral loads
shall be transmitted through the structural frame of the building to the ground in such a
manner as not to overstress any of the elements thereof.
B.Overturning: The overturning momentum produced from lateral forces shall in no case
exceed two-thirds of the dead-load resisting moment. Uplift due to overturning shall be
adequately resisted by proper anchorage to the ground or to the structural frame of the
building. The weight of earth superimposed over footings may be used in determining the
dead-load resisting moment. Such earth shall be carefully placed and thoroughly
compacted.
C.Wind Loads: Signs and sign structures shall be designed and constructed to resist wind
forces as specified in the Building Code.
D.Vertical Load: Vertical design loads, except roof live loads, shall be assumed to be acting
simultaneously with the wind or seismic loads.
E.Allowable Stresses: The design of wood, concrete, steel or aluminum members shall
conform to the requirements of the Building Code. Loads, both vertical and horizontal,
exerted on the soil shall not produce stresses exceeding those specified in chapter 29 of
the Building Code.
F.The design of wood, concrete, steel or aluminum members shall conform to the
requirements of the Building Code. Loads, both vertical and horizontal, exerted on the
soil shall not produce stresses exceeding those specified in chapter 29 of the Building
Code.
G.The working stresses of wire rope and its fastenings shall not exceed 25 percent of the
ultimate strength of the rope or fasteners.
H.Working stresses for wind combined with dead loads may be increased as specified in the
Building Code.
Dubuque, IA UDC Adopted 00/00/000 356
15-21 Construction, Generally
I.
A.General. The supports for all signs or sign structures shall be placed in or upon private
property and shall be securely built, constructed and erected in conformance with the
requirements of this Article.
B.Materials. Materials of construction for signs and sign structures shall be of the quality
and grade as specified for buildings in the Building Code. In all signs and sign structures
the materials and details of construction shall, in the absence of specified requirements,
conform with the following:
1.Steel shall be of such quality as to conform with UBCIBCStandard "Material
Specification for Structural Steel". Secondary members, when formed integrally with
the display surface, shall be not less than 0.024 inch in thickness. When not formed
integrally with the display surface, the minimum thickness of the secondary members
shall be 0.10 inch. The minimum thickness of hot-rolled steel members furnishing
structural support for signs shall be 1/4 inch, except that, if galvanized, such members
shall be not less than 1/8 inch thick. Steel pipes shall be of such quality as to conform
to UBC Standard No. 27-1. Steel members may be connected with one galvanized
bolt, provided the connection is adequate to transfer the stresses in the members.
2.Anchors and supports when of wood and embedded in the soil or within 6 inches of
the soil, shall be of all heartwood of a durable species or shall be pressure treated with
an approved preservative. Such members shall be marked or branded by an approved
agency.
C.Restrictions on combustible materials.
1.Ground signs. Ground signs may be constructed of any material meeting the
requirements of this CodeArticle.
2.Combination signs, roof signs, etc. Combination signs, roof signs, wall signs,
projecting signs and signs on marquees shall be constructed of noncombustible
materials, except as provided in subsection (d) of this SectionArticle. No combustible
materials other than approved plastics shall be used in the construction of electric
signs.
3.Exceptions.
i.Roof signs may be constructed of unprotected combustible materials on roofs of
combustible construction.
ii.Roof signs with a maximum surface area of 50 square feet and a maximum height
of five feet may be constructed of combustible materials on roofs of any type of
construction.
iii.Non-electric wall signs may be constructed of unprotected combustible materials
on walls permitted to be of unprotected combustible construction.
Dubuque, IA UDC Adopted 00/00/000 357
iv.Nonstructural trim. Nonstructural trim and portable display surfaces may be of
wood, metal, approved plastics or any combination thereof.
D.Anchorage.
1.Members supporting unbraced signs shall be so proportioned that the bearing loads
imposed on the soil in either direction, horizontal or vertical, shall not exceed the safe
values. Braced ground signs shall be anchored to resist the specified wind or seismic
load acting in any direction. Anchors and supports shall be designed for safe bearing
loads on the soil and for an effective resistance to pullout amounting to a force 25
percent greater than the required resistance to overturning. Anchors and supports shall
penetrate to a depth below ground greater than that of the frost line.Portable ground
signs supported by frames or posts rigidly attached to the base shall be so
proportioned that the weight and size of the base will be adequate to resist the wind
pressure specified in this Article.
2.Signs attached to masonry, concrete or steel shall be safely and securely fastened
thereto by means of metal anchors, bolts or approved expansion screws of sufficient
size and anchorage to support safely the loads applied.
3.No wooden blocks or plugs or anchors with wood used in connection with screws or
nails shall be considered proper anchorage, except in the case of signs attached to
wood framing.
4.No anchor or support of any sign shall be connected to, or supported by, an unbraced
parapet wall, unless such wall is designed in accordance with the requirements for
parapet walls specified for seismic zones in the Building Code.
E.Display surfacesSign Faces.
1.Sign facesDisplay surfaces in all types of signs may be made of metal, glass, wood,
fabric, or other approvedmaterialsplastics.
Section 15-23
2.Glass thickness and area limitations shall be as set forth in .
3.Sections of approved plastics on wall signs shall not exceed 225 square feet in area,
provided that sections of approved plastics on signs other than wall signs may be of
unlimited area if approved by the Building Official.
4.Sections of approved plastics on wall signs shall be separated three feet laterally and
six feet vertically by the required exterior wall construction, provided that sections of
approved plastics on signs other than wall signs may not be required to be separated if
approved by the Building Official.
F.Approved plastics. The Building Official shall require that sufficient technical data be
submitted to substantiate the proposed use of any plastic material and, if it is determined
that the evidence submitted is satisfactory for the use intended, the Building Official may
approve its use.
Dubuque, IA UDC Adopted 00/00/000 358
15-22 Projection and Clearance, Generally
G.
A.General. Signs shall conform to the clearance and projection requirement of this Article
Table No. 3-B
and, set out at the end of this Section.
B.Clearance from high voltage power lines. Signs shall be located not less than six feet
horizontally or 12 feet vertically from overhead electrical conductors which are energized
in excess of 750 volts. The term "overhead conductors" as used in this Section means any
electrical conductor, either bare or insulated, installed above the ground, except such
conductors as are enclosed in iron pipe or other material covering of equal strength.
C.Clearance from fire escapes, exits or standpipes. No sign or sign structure shall be erected
in such a manner that any portion of its surface or supports will interfere in any way with
the free use of any fire escape, exit or standpipe.
D.Obstruction of openings.
1.No sign shall obstruct any openings to such an extent that light or ventilation is
reduced to a point below that required by this Code.
2.Signs erected within five feet of an exterior wall in which there are openings within
the area of the sign shall be constructed of noncombustible material or approved
plastics.
E.Projection over alleys. No sign or sign structure shall project into any public alley.
F.Clearance from streets. The horizontal clearance between a sign and the curb line shall be
not less than two feet.
G.Projection and clearance.
1.A sign projecting more than two-thirds of the distance from the property line to the
curb line shall be not less than 12 feet above the grade level directly below.
2.A sign projecting less than two-thirds of the distance from the property line to the
curb line shall be not less than 10 feet above the grade level directly below.
H.Maximum size of exposed glass panel.
Size of Exposed Glass PanelMinimum
Type of Glass
Max Dimension (in)Max Area (sq in)Thickness (in)
Plain, Plate, or
305001/8
Wired
Plain, Plate, or
457003/16
Wired
Plain, Plate, or
14436001/4
Wired
144+3600+1/4Wired
Dubuque, IA UDC Adopted 00/00/000 359
I.Minimum sign thickness
Maximum
Sign Projection (ft)
Thickness (ft)
52
42.5
33
23.5
14
15-23 Standards Applicable to Specific Sign Types
10-23.1Fin signs
Fin signs shall be constructed of non-combustible material, except as provided in Section
A.
10-18.
All supports of fin signs shall be placed upon private property and shall be securely built,
B.
constructed and erected to conform with requirements specified in Section 10-17.
Fin signs may project beyond the property or legal setback line in accordance with the
C.
projection specified in Section 10-19.
The thickness of that portion of a fin sign which projects over public property shall not
D.
exceed the maximum set forth in Table 10-19I, set out at the end of Section 10-19.
15-23.1 Pole signs
Section
A.Pole signs shall be constructed of noncombustible material, except as provided in
15-21
.
B.All supports of pole signs shall be placed upon private property and shall be securely
Section 15-21
built, constructed and erected to conform with requirements specified in .
Section 15-22
C.Projection of pole signs shall conform to the requirements of .
15-23.2 Ground Monumentsigns
A.Groundmonument signs shall be constructed of any material meeting the requirements of
Section 15-21
this Article, except as provided in .
B.Groundmonument signs shall be designed in accordance with the requirements specified
Section 15-21
in.
C.Groundmonument signs shall not project over public property.
Dubuque, IA UDC Adopted 00/00/000 360
10-23.4Roof signs
Roof signs shall be constructed of noncombustible materials, except as provided in Section
A.
10-18.
Roof signs shall be thoroughly securedand anchored to the frame of the building over
B.
which they are constructed and erected and shall be designed in accordance with the
requirements specified in Section 10-17.
Roof signs may project over public property or beyond a legal setback line complying with
C.
the requirements specified in Section 10-19.
A Passage clear of all obstructions shall be left under or around, and immediately adjacent
D.
to, all signs exceeding a height of four feet above the roof there under. Such passages shall be
not less three feet wide and four feet high and shall be at parapet or roof level. There shall be
one such passage or access opening as follows:
For each roof sign upon a building.
1.
An access opening for every 50 lineal feet of horizontal roof sign extension.
2.
Within 20 feet of walls and parapets when roof signs are at right angles to a face of the
3.
building.
15-23.3 Wall signs
A.Wall signs shall be constructed of noncombustible material, except as provided in
Section 15-21
.
Section
B.Wall signs shall be designed in conformance with the requirements specified in
15-21
.
C.No wall sign shall have a projection over public property or beyond a legal setback line
Section 15-22
greater than the distances specified in .
D.No wall sign shall extend above any adjacent parapet or roof of the existing building.
E.The thickness of that portion of a wall sign which projects over public property or a legal
Section 15-22
setback line shall not exceed the maximum as set forth in .
15-23.4 Projecting signs
A.Projecting signs shall be constructed of noncombustible materials, except as specified in
Section 15-21
.
B.Projecting signs shall be designed in accordance with the requirements specified in
Section 15-21
.
Dubuque, IA UDC Adopted 00/00/000 361
C.Signs may project over public property or a legal setback line a distance determined by
the clearance of the bottoms thereof above the level of the sidewalk or grade immediately
Section 15-22
below, as set forth in .
D.The thickness of a projecting sign exclusive of letters and trim shall not exceed that set
Section 15-22
forth in .
15-23.5 Combination signs
A.Combination signs shall be constructed of noncombustible materials, except as specified
Section 15-21
in.
B.The individual requirements of roof, projecting and pole signs shall be applied for
combination signs incorporating any or all of the requirements specified in this Article.
C.All supports of combination signs shall be placed in or upon private property and shall be
securely built, constructed and erected to conform with the requirements specified in
Section 15-21
.
D.Combination signs may project over public property or beyond a "legal setback line" as
Section 15-22
specified in .
E.The thickness of that portion of a combination sign which projects over public property
Section 15-22
shall not exceed the maximum set forth in .
15-23.6 Marquee sign
Signs may be placed on, attached to, or constructed in a marquee. Such signs shall, for the
purpose of determining projection, clearance, height and material, be considered a part of and
shall meet the requirements for a marquee as specified in chapter 45 of the Building Code
andthe Zoning Ordinance of the Citythis Code.
15-23.7 Electric signs
A.Electric signs shall be constructed of noncombustible material, except as provided in
Section 15-21
.
B.The enclosed shell of electric signs shall be watertight, except that service holes fitted
with covers shall be provided into each compartment of such signs.
C.Electrical equipment used in connection with display signs shall be installed in
accordance with the Electrical Code.
D.Every electric sign projecting over any street or alley or public place shall have painted or
labeled on the surface of the sign the name of the sign erector and date of erection. Such
name and date shall be of sufficient size and contrast to be readable from a reasonable
distance at grade. Failure to provide such name and date shall be grounds for rejection of
the sign by the Building Official.
Dubuque, IA UDC Adopted 00/00/000 362
15-23.8Electronic Message sign
A.Electronic message signs shall not be used or displayed in a way that presents multiple
screens within a single sign face, whether simulated or actual.
B.During the static dwell time for a message, there shall be no animation, movement
(including moving messages, scrolling text, or full-motion or streaming video),
segmented messages, or variation in light or color. Off-premises electronic message signs
shall provide a static dwell time of at least eight seconds per message; on-premises
electronic message signs shall provide a static dwell time of at least two seconds per
message.
C.During the transition time between messages, animation is permitted. Animation may
A.
include moving messages, scrolling text, or variations in light or color. Animation shall
occur only during the transition time. Off-premises electronic message signs shall provide
a transition time of no more than one second between messages; on-premises electronic
message signs shall provide a transition time of no more than two seconds between
messages.
D.Electronic message signs shall be limited to one per allowed freestanding sign.
B.
15-24Severability
If any part, section, subsection, paragraph, subparagraph, sentence, phrase, clause, term, or
word of this Article and/or any other Code provision and/or law is declared invalid or
unconstitutional by the valid judgment or decree of any court of competent jurisdiction, the
declaration of such unconstitutionality shall not affect any other prohibition on billboards
regulation of signs contained herei
Dubuque, IA UDC Adopted 00/00/000 363
13-4.4(8) Site Landscaping – Open Water Features
13-4.5 (E)(8) Site Landscaping –Permeable pavements
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13-4.5 (E)(13) Site Landscaping – trees and other plantings
13-4.5 (E)(15) Site Landscaping – Vegetative buffers
Dubuque, IA UDC Adopted 00/00/000 365
13-4.6(E)(2) Parking Lot Landscaping
Dubuque, IA UDC Adopted 00/00/000 366