Adoption of Code of Ordinances Supplement Nos. 2021 S-4 and 2021 S-4 ReplacementCity of Dubuque
City Council Meeting
Consent Items # 22.
Copyrighted
September 7, 2021
ITEM TITLE: Adoption of Code of Ordinances Supplement Nos. 2021 S-4 and 2021
S-4 Replacement
SUMMARY: City Clerk recommending adoption of Supplement Nos. 2021 S-4 and
2021 S-4 Replacement to the City of Dubuque Code of Ordinances that
codifies Ordinance Nos. 11-21 through 27-21. Supplement No. 2021 S-4
Replacement was required to correct a misprinted date in Supplement
No. 2021 S-4.
RESOLUTION Adopting Supplement Nos. 2021 S-4 and 2021 S-4
Replacement to the Code of Ordinances of the City of Dubuque, Iowa
SUGGESTED Suggested Disposition: Receive and File; Adopt Resolution(s)
DISPOSITION:
ATTACHMENTS:
Description Type
Staff Memo Staff Memo
Resolution Resolutions
Supplement No. 2021 S-4 Supporting Documentation
Supplement No. 2021 S-4 Replacement Supporting Documentation
Dubuque
City Clerk's Office
THE CF
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City Hall
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50 W. 13`h Street
(563) 5 9-41 52001-4864
(563) 589-4100 office
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(563) 589-0890 fax
ctyclerk@cityofdubuque.org
Masterpiece on the Mississippi
2007R2012-2013
2017*2019
www.cityofdubuque.org
TO: Honorable Mayor and City Council Members
FROM: Adrienne N. Breitfelder, City Clerk
SUBJECT: Adoption of Supplement No. 2021 S-4 and 2021 S-4 Replacement to the
Code of Ordinances
DATE: August 26, 2021
The attached resolution provides for the adoption of Supplement Nos. 2021 S-4 and
2021 S-4 Replacement to the City of Dubuque Code of Ordinances, which codifies
Ordinance Nos. 11-21 through 27-21 as approved by City Council through July 6, 2021.
Supplement No. 2021 S-4 contains an incorrect date for City Council approval of
Ordinance No. 27-21. Supplement No. 2021 S-4 Replacement corrects the error by
listing the accurate date for approval of Ordinance No. 27-21. Supplements to the Code
of Ordinances are prepared by American Legal Publishing of Cincinnati, Ohio.
I respectfully request the City Council pass the resolution adopting Supplement Nos.
2021 S-4 and 2021 S-4 Replacement as a part of the Code of Ordinances of the City of
Dubuque.
/anb
Prepared by Adrienne N Breitfelder, City Clerk 50 W. 13'h St Dubuque IA 52001 (563) 589-4100
Return to Adrienne N. Breitfelder, City Clerk, 50 W. 13th St., Dubuque, IA 52001, (563) 589-4100
RESOLUTION NO. 303-21
ADOPTING SUPPLEMENT NOS. 2021 S-4 AND 2021 S-4 REPLACEMENT TO THE
CODE OF ORDINANCES OF THE CITY OF DUBUQUE, IOWA
Whereas, under date of August 17, 2009, the City Council, pursuant to Ordinance No.
43-09, readopted the Code of Ordinances of the City of Dubuque, Iowa in its entirety; and
Whereas, since August 17, 2009 the City Council of the City of Dubuque, Iowa has
adopted certain ordinances amending the Code of Ordinances and said amendments
have been printed as supplements to the Code of Ordinances; and
Whereas, Section 380.8 of the Code of Iowa provides that supplements, by resolution,
become part of the Code of Ordinances; and
Whereas, Code Supplements are prepared by the American Legal Publishing of
Cincinnati, Ohio and filed in the Office of the City Clerk of the City of Dubuque, Iowa; and
Whereas, Supplement No. 2021 S-4 contains a misprinted date for City Council
adoption of Ordinance No. 27-21; and
Whereas, Supplement No. 2021 S-4 Replacement corrects the date for City Council
adoption of Ordinance No. 27-21.
NOW THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. That Supplement Nos. 2021 S-4 and 2021 S-4 Replacement to the City of
Dubuque Code of Ordinances, which codifies Ordinance Nos. 11-21 through 27-21 as
approved by City Council through July 6, 2021, is hereby adopted and becomes part of
the Code of Ordinances of the City of Dubuque, Iowa.
Passed, approved and adopted this 7th day of September, 2021.
Roy D. Buol, Mayor
Attest: �/ q- �J
me ��• Vk
Adrienne N. Breitfelder, City Clerk
DUBUQUE, IOWA -
Instruction Sheet
2021 S-4 Supplement - August 2021
REMOVE OLD PAGES INSERT NEW PAGES
VOLUME I
Cover Page Cover Page
Preface Preface
1-6-1 through 1-6-4 (3 pages) 1-6-1 through 1-6-4 (2 pages)
6-1-1 through 6-1-2 (3 pages) 6-1-1 through 6-1-2 (1 page)
6-4-3 (m.. Disorderly conduct) through
6-4-6 (3 pages)
9-7-321.285 (Cedar Cross Road...) through
9-7-321.293 (4 pages)
9-14-321.645 through 9-14-321.649 (2 pages)
14-1J-2 (Section 308.2.1.) through
14-1J-3J. (2 pages)
14-1K-2 (When windows are provided as the
emergency escape...) through 14-1K-2
(2 pages)
16-6 through 16-6-2 (2 pages)
16-6-3-217. through 16-6-6-4 (27 pages)
16-9-313. through 16-9-8 (4 pages)
16-11-1 through 16-11-2 (2 pages)
16-13-2 (1. Urban Renewal Districts)
through 16-13-3-1 (2 pages)
VOLUME II
1
6-4-3 (m. Disorderly conduct)
through 6-4-6 (2 pages)
9-7-321.285 (Cedar Cross Road...)
through 9-7-321.293 (4 pages)
9-14-321.645 through 9-14-321.649
(2 pages)
14-1J-2 (Section 308.2.1.) through
14-lJ-3J. (2 pages)
14-1K-2 (When windows are
provided as the emergency escape...)
through 14-1K-2 (2 pages)
16-6 through 16-6-2 (2 pages)
16-6-3-2F. through 16-6-6-4
(27 pages)
16-9-3D. through 16-9-8 (4 pages)
16-11-1 through 16-11-2 (2 pages)
16-13-2 (1. Urban Renewal Districts)
through 16-13-3-1 (2 pages)
CITY CODE
of
DUBUQUE
IOWA
Code current through:
Ord. 27-21, passed 6-6-2021
Published by:
STERLING CODIFIERS
an
AMERICAN LEGAL PUBLISHING COMPANY
525 Vine Sheet O Suite 310 0 Cincinnati, Ohio 45202
1-800-445-5588 O www.amlegal.com
PREFACE
This code of the City of Dubuque, as
supplemented, contains ordinances up to and
including ordinance 27-21, passed June 6, 2021.
Ordinances of the City adopted after said ordinance
supersede the provisions of this code to the extent
that they are in conflict or inconsistent therewith.
Consult the City office in order to ascertain whether
any particular provision of the code has been
amended, superseded or repealed.
Sterling Codifiers
Cincinnati. Ohio
August 2021
City of Dubuque
1-6-1
1-6-3
CHAPTER6
MAYOR AND CITY COUNCIL
SECTION:
1-6-1: Composition; Terms
1-6-2: Compensation
1-6-3: Mayor Pro Tem
1-6-4: Emergency Succession For Mayor And Council Members
1-6-1: COMPOSITION; TERMS:
The City Council consists of a Mayor and two (2) Council members elected at large,
and one Council member elected from each of the four (4) wards. The Mayor and
other Council members serve four (4) year staggered terms. The Mayor is a
member of the City Council and may vote on all matters before the Council. (2007
Code § 2-20)
1-6-2: COMPENSATION:
Effective January 1, 2022, the compensation for the Mayor shall be fourteen
thousand eight hundred dollars ($14,800.00) per annum, and the compensation for
the City Council members shall be eleven thousand one hundred dollars
($11,100.00) per annum. (Ord. 40-17, 9-5-2017; amd. Ord. 27-21, 7-6-2021)
1-6-3: MAYOR PRO TEM:
A. Term Of Mayor Pro Tem: The term of Mayor Pro Tem shall be eight (8)
months.
B. Designation Of Mayor Pro Tem: Council members shall serve as Mayor Pro
Tem in the following order: 1) at large Council member elected to two (2) year
term; 2) Ward Two Council member; 3) Ward Four Council member.
Thereafter, Council members shall serve as Mayor Pro Tem in the following
order:
1. At large Council member with two (2) years of term remaining;
2. Ward One Council member;
3. Ward Three Council member;
4. At large Council member with two (2) years of term remaining;
August 2021
City of Dubuque
6-1-1
6-1-2
CHAPTER1
HEALTH AND SAFETY REGULATIONS
SECTION:
6-1-1: Tattooing, State Code Adopted
6-1-2: Face Covering Requirement (Rep. by Ord. 21-21, 5-19-2021)
6-1-1: TATTOOING, STATE CODE ADOPTED:
There is hereby adopted and incorporated by reference Iowa Code chapter 135.37,
"tattooing - permit required - penalty", as amended, and Iowa administrative code
chapter 641-22, "practice of tattooing", adopted by the Iowa department of public
health, revised January 15, 2003, which applies to sanitation and infection control,
equipment, procedures, application for permit, the permit process, variances,
adverse actions, the appeal process, and procedures for health departments to
provide for the inspection and enforcement of such rules. (Ord. 49-08, 7-7-2000)
6-1-2: FACE COVERING REQUIREMENT:
(Rep. by Ord. 21-21, 5-19-2021)
August 2021
City of Dubuque
6-4-3
6-4-3
m. Disorderly conduct.
n. Possession of alcohol underthe legal age (PAULA) by property owner,
tenant, or occupant.
Possession of drug paraphernalia.
p. Public intoxication.
q. Aiding and abetting. (Ord. 17-11, 3-7-2011)
Q. Furniture: Indoor upholstered furniture or upholstered furniture which is not
designed for outdoor use but which is maintained or located on any uncovered
porch, lawn, parking lot, driveway, or public right-of-way.
R. Combustible Items: Any accumulation of combustible items such as
mattresses, boxes, paper, automobile tires and tubes, old clothes, rags, or any
other combustible materials or objects of a like nature. (Ord. 5-13, 2-18-2013)
S. Construction And Building Materials: Outdoor storage of construction and
building materials, except those that are stored in a manner to protect their
utility, prevent deterioration, and are used at the site within the timespan of an
applicable building permit, one hundred eighty (180) days, or a time frame
proposed by the property owner that has been approved by the City. (Ord.
2-18, 2-5-2018)
T. Appliances Or Appliance Parts: Outdoor storage of appliances or appliance
parts, except those that are reasonably expected to be used at the site, which
are stored in a manner to protect their utility, prevent deterioration, and protect
people from becoming trapped within them.
U. Burned Or Partially Burned Buildings And Structures: Any building or other
structure which has been burned, partially burned, or otherwise partially
destroyed, which is unsightly or hazardous to the safety of any person or
structurally unsound to the extent that the City Manager reasonably determines
there is a likelihood of personal or property injury to any person or property
entering the premises.
V. Miscellaneous: Any act done or committed by any person or any substance or
thing kept, maintained, placed, or found in or on any public or private place
which is annoying or damaging or injurious or dangerous to the public health,
welfare, or safety and every action or thing done, permitted, maintained,
allowed, or continued on any public or private property, by any person which is
liable to or does endanger, annoy, damage, or injure any person or inhabitant
of the City or property of said person or inhabitant. (Ord. 5-13, 2-18-2013)
August 2021
City of Dubuque
9-7-321.285
9-7-321.285
Cedar Cross Road, Fremont Street to a point eight hundred feet (800')
east of Ace Avenue.
Dodge Street (U.S. Highway 20), from Locust Street to a point one
thousand five hundred thirty feet (1,530') east of Locust Street.
Dodge Street (U.S. Highway 20), Locust Street to a point one thousand
one hundred feet (1,100') west of Locust Street.
Grandview Avenue, Balboa Street to 32nd Street.
Grandview Avenue, from a point approximately four hundred feet (400')
north of Ungs Street to Kaufman Avenue.
John F. Kennedy Road, Dodge Street (U.S. Highway 20) to Sunset Park
Circle.
Kerper Boulevard, 11th Street to Hawthorne Street.
Pennsylvania Avenue, John F. Kennedy Road to westerly city limits.
Peru Road, Sheridan Road to Roosevelt Road (Valley Road).
Radford Road, from Chavenelle Road to the northerly city limits.
Roosevelt Road (Valley Road and Pebman Road), Peru Road to a point
five hundred feet (500') north of Amelia Drive.
Seippel Road, U.S. Highway 20 to the northerly city limits.
University Avenue, Prysi Street to John F. Kennedy Road.
Wacker Drive, Dodge Street (U.S. Highway 20) to John F. Kennedy Road.
16th Street, East, Kerper Boulevard to Sycamore Street.
32nd Street, West, Grandview Avenue to Highland Park.
Forty (40) miles per hour:
Central Avenue, Ruby Street to Olympic Heights Road.
Forty five (45) miles per hour:
Dodge Street (U.S. Highway 20), from a point one thousand five hundred
thirty feet (1,530') east of Locust Street to the easterly city limits on the
Julien Dubuque bridge.
August 2021
City of Dubuque
9-7-321.285
9-7-321.288
Over 20 miles per hour over (plus $2.00 for each mile in excess of 20
miles per hour over limit)
Excessive speed in zones greater than 55 miles per hour:
1 through 5 miles per hour over
6 through 10 miles per hour over
11 through 15 miles per hour over
16 through 20 miles per hour over
Over 20 miles per hour over (plus $5.00 for each mile in excess of 20
miles per hour over limit)
(Ord. 44-08, 6-16-2008; amd. Ord. 45-08, 6-21-2008; Ord. 59-09, 12-7-2009;
Ord. 64-14, 10-20-2014; Ord. 26-21, 6-21-2021)
9-7-321.286 - 9-7-321.287: RESERVED:
(Ord. 44-08, 6-16-2008)
9-7-321.288. CONTROL OF vh-HICLE:
A. A person operating a motor vehicle shall have the same vehicle under control
at all times.
B. A person operating a motor vehicle shall reduce the speed to a reasonable and
proper rate:
1. When approaching and passing a person walking in the traveled portion
of the public street.
2. When approaching and passing an animal which is being led, ridden, or
driven upon a public street.
3. When approaching and traversing a crossing or intersection of public
streets, or a sharp turn, curve, or steep descent in a public street.
4. When approaching and passing a fusee, flares, red reflector electric
lanterns, red reflectors, or red flags, or an emergency vehicle displaying a
revolving or flashing light.
August 2021
City of Dubuque
9-14-321.645
9-14-321.645
9-14-321.645: METERS; TIME AND FEE SCHEDULE FOR SPECIFIC
LOTS:
A. Parking meters on municipally owned parking lots, when installed and properly
operated, shall show legal parking upon and after the deposit of United States
coins, and in the nonmetered parking lots, parking spaces shall be reserved in
accordance with the following schedules:
1. On parking lots no. 2, 3, 5, 6, 7, 9, and 10, the amount of fee shall be
displayed on each parking meter and shall indicate the period of time allowed
for the particular United States coin deposit after meter has been placed in
operation. The maximum parking time allowed shall be indicated on the parking
meter assigned to the meter space to which it applies.
2. For municipal parking lots, the days and hours of reserved parking for
nonmetered spaces shall be designated by the city manager. The city manager
shall publish notice of such hours by prominently displaying such notice within
the lots. The city manager shall keep the city council informed of the hours of
opening and closing thereof or any change of such hours. it is intended'nereby
that regular service hours shall be established for the operation of the parking
lots, but in addition, permit such flexibility in the established hours so that the
municipal parking lots can be operated according to service demand, special
events, and holiday shopping requirements.
3. On parking lot no. 10, reserved parking for nonmetered spaces shall be
between the hours of six o'clock (6:00) A.M. and six o'clock (6:00) P.M. daily,
excluding Saturdays, Sundays, and holidays, at a monthly rate of fifty two
dollars ($52.00), payable each month.
4. On parking lot no. 12, reserved parking for nonmetered spaces shall be
between the hours of six o'clock (6:00) A.M. and six o'clock (6:00) P.M. daily,
excluding Saturdays, Sundays, and holidays, at a monthly rate of forty dollars
($40.00), payable each month.
5. On parking lots no. 2 and 4, reserved parking for each space for which
parking meters have not been installed shall be rented through an agreement
approved by the city council. Reserved parking for nonmetered spaces shall be
between the hours of six o'clock (6:00) A.M. and six o'clock (6:00) P.M. daily,
excluding Saturdays, Sundays, and holidays, at a monthly rate of forty two
dollars ($42.00), payable each month.
6. On parking lot no. 3 and the Federal Building Parking Lot, reserved parking
for nonmetered spaces shall be between the hours of six o'clock (6:00) A.M.
and six o'clock (6:00) P.M. daily, excluding Saturdays, Sundays, and holidays,
at a monthly rate of forty seven dollars ($47.00), payable each month.
August 2021
City of Dubuque
CITY CODE
of
DUBUQUE
IOWA
Code current through:
Ord. 27-21, passed 6-6-2021
Published by:
STERLING CODIFIERS
an
AMERICAN LEGAL PUBLISHING COMPANY
525 Vine Street P Suite 310 4 Cincinnati, Ohio 45202
1-800-445-5588 O www.amlegal.com
14-1J-2 14-1J-2
Section 308.2.1. Rubbish Storage Facilities. Amended to add:
Exception: Pursuant to Iowa Code §562A.15 a landlord may enter into a lease
agreement, in certain circumstances, with a tenant for maintenance in which
case a tenant will be responsible for compliance with this provision. City will
provide a lease addendum documenting the agreement for use by landlords.
If a landlord prefers to use a different form, upon request of the city a landlord
must provide a copy of the written lease agreement to the code official.
Section 404.4.2. Deleted.
Section 404.4.3. Water Closet Accessibility. Amended to read as follows:
404.4.3. Water Closet Accessibility. Every bedroom in a dwelling unit shall have
access to not less than one water closet and lavatory located in the same story
as the bedroom or an adjacent story.
Section 602.3. Heat Supply. Insert: September 15 to May 15.
Section 602.4. Occupiable Work Spaces. Insert: September 15 to May 15.
Section 602.5. Room Temperature Measurement. Amended to read:
602.5. Room Temperature Measurement. The required room temperatures
shall be measured three (3) feet above the floor, at the inside wall.
Section 605.2. Receptacles. Amended to add:
Exception: In lieu of every habitable space in a dwelling containing two
separate and remote receptacle outlets, one receptacle and a separate
permanently installed light fixture is allowable.
Section 702.4. Emergency escape openings. Amended to read:
702.4. Emergency escape openings. Required emergency escape and rescue
openings shall be operational from the inside of the room without the use of
keys, tools or special knowledge. Bars, grilles, grates or similar devices shall
be permitted to be placed over emergency escape and rescue openings
provided that the minimum net clear openable area is met and such devices
shall be releasable or removable from the inside without the use of a key, tool,
special knowledge, or force greater than that which is required for normal
operation of the escape and rescue opening.
Where required, existing emergency escape and rescue openings shall have
a minimum net clear opening of 4.0 square feet. The minimum net clear
December 2020
City of Dubuque
14-1 K-2
14-1 K-2
When windows are provided as the emergency escape and rescue opening
they shall have a finished sill height not more than 48 inches above the floor.
An existing finished sill height may exceed 48 inches (1219 mm) above the
floor if the following conditions are met:
A platform capable of supporting a live load of 300 pounds shall be
permanently affixed at the interior of the structure. This platform shall be
no lower than 20 inches (508 mm) above the floor and no higher than 36
inches (914 mm) above the floor. The distance from the platform to the
finished sill height shall not exceed 36 inches (914 mm). The platform shall
extend outward from the wall a minimum of 24 inches (610 mm) and shall
be at least as wide as the clear openable width of the window, or another
approved method/platform.
b. The emergency escape or rescue window shall comply with International
Residential Code Section R310.2.
c. The building is equipped with smoke alarms installed in accordance with
international Residential Code Section R314.
Smoke alarms shall be installed in accordance with Section 907.2.10 of the
International Building Code regardless of the valuation of the alteration.
Section 702.5 Replacement window emergency escape and rescue opening.
Amended to read:
Section 702.5 Replacement window emergency escape and rescue opening.
Where windows are required to provide emergency escape and rescue
openings in Group R-2 and R-3 occupancies and one- and two-family dwellings
and townhouses regulated by the International Residential Code, replacement
windows shall be exempt from the requirements of Sections 1030.2, 1030.3
and 1030.4 of the International Building Code and Sections R310.2.1, R310.2.2
and R310.2.3 of the International Residential Code, provided that the
replacement window meets the following conditions:
1. The replacement window is the manufacturer's largest standard size
window that will fit within the existing frame or existing rough opening. The
replacement window shall be of a style that provides for the greatest net clear
window opening area in the existing frame or existing rough opening, but will
have a minimum net clear openable width of 20 inches, a minimum net clear
openable height of 24 inches, and a minimum net clear opening of 4.0 square
feet.
August 2021
City of Dubuque
16-6 16-6
CHAPTER
OVERLAY DISTRICTS
SECTION:
16-6-1: RROD Rural Residential Overlay District
16-6-1--1: Applicability
16-6-1--2: Establishment Of R-1 Single -Family Residential Zoning District
16-6-1--3: Reclassification To Original Underlying Or Any Other Zoning
District
16-6-2: RHOD Restricted Height Overlay District
16-6-2--1: Applicability
16-6-2--2: Area Designations And Height Limitations
16-6-3: SOD Freeway 61/151 Corridor Signage Overlay District
16-6-3--1: Purpose
16-6-3--2: SOD Boundary
16-6-3--3: SOD Sign Regulations
16-6-4: Flood Hazard Overlay District
16-6-4--1: Definitions
16-6-4--2: Statutory Authority, Findings Of Fact And Purpose
16-6-4--3: General Provisions
16-6-4--4: Administration
16-6-4--5: Establishment Of Floodplain (Overlay) Districts
16-6-4--6: Floodway (Overlay) District (FW)
16-6-4--7: Floodway Fringe (Overlay) District (FF)
16-6-4--8: General Floodplain (Overlay) District (GF)
16-6-4--9: Appointment And Duties Of Board Of Adjustment
16-6-4-10: Nonconforming Uses
16-6-4-11: Penalties For Violation
16-6-4-12: Amendments
16-6-5: Airport Overlay District
16-6-6: OTN Old Town Neighborhood District Overlay
16-6-6--1: Purpose
16-6-6--2: OTN Boundary
16-6-6--3: OTN Design Guidelines
16-6-6--4: Applicability
August 2021
Crry of Dubuque
16-6-3-2
16-6-3-3
F. Area Y: All land west of Locust Street from Dodge Street north to 1 st Street and
east of Locust Street from Dodge Street north to 3rd Street extending west to
Freeway 61/151; and
G. Area Z: All land east of Freeway 61/151 from the 3rd 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 six hundred sixty feet (660') of the easterly edge of the Freeway 61/151
right of way from the 3rd Street Overpass north to the extension of 8th Street.
(Ord. 52-09, 10-19-2009)
16-6-3-3: SOD SIGN REGULATIONS:
A. Signs Not Allowed: Within the SOD signage overlay district, no off premises
signs are allowed in the following areas:
1. Area A on the official zoning map generally described as all the land 'In the
SOD 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;
2. Area Bon the official zoning map generally described as all the land in the
SOD 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;
3. Area Cis eliminated as it lies entirely within the Port Of Dubuque PUD; and
4. Area Don the official zoning map generally described as all the land in the
SOD east of the shoreline of Peosta Channel, including Schmitt Island.
B. Sign Standards: Within the SOD signage overlay district, off premises signs in
the following areas shall be subject to the standards set forth in section
16-15-12 of this title:
1. Area X of the official zoning map generally described as all the land in the
SOD 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;
2. Area Yon the official zoning map generally described as all the land in the
SOD west of Locust Street from Dodge Street north to 1 st Street and east of
Locust Street from Dodge Street north to 3rd Street extending west to Freeway
61/151; and
August 2021
City of Dubuque
16-6-4-1
16-6-4-1
BASE FLOOD
The elevation floodwaters would reach at a particular
ELEVATION (BFE):
site during the occurrence of a base flood event.
BASEMENT:
Any enclosed area of a building which has its floor or
lowest level below ground level (subgrade) on all
sides. Also see 'lowest floor."
DEVELOPMENT:
Any man-made change to improved or unimproved
real estate, including but not limited to buildings or
other structures, mining, dredging, filling, grading,
paving, excavation, drilling operations or storage of
equipment or materials. "Development' does not
include "minor projects" or "routine maintenance of
existing buildings and facilities" as defined in this
section. It also does not include gardening, plowing,
and similar practices that do not involve filling or
grading.
ENCLOSED ARFA
The floor of the lowest enclosed area in a buildina
V
BELOW LOWEST
when all the following criteria are met:
FLOOR:
A. The enclosed area is designed to flood to
equalize hydrostatic pressure during flood events
with walls or openings that satisfy the provisions of
Section 16-6-4-7B.4.a. of Title 16; and
B. The enclosed area is unfinished (not carpeted,
drywalled, etc.) and used solely for low damage
potential uses such as building access, parking or
storage; and
C. Machinery and service facilities (e.g., hot water
heater, furnace, electrical service) contained in the
enclosed area are located at least one foot (V)
above the base flood elevation: and
D. The enclosed area is not a "basement' as
defined in this section.
EXISTING Any structure for which the "start of construction"
CONSTRUCTION: commenced before the effective date of the first
floodplain management regulations adopted by the
community.
EXISTING A factory -built home park or subdivision for which
FACTORY -BUILT the construction of facilities for servicing the lots on
HOME PARK OR which the factory -built homes are to be affixed
SUBDIVISION: (including at a minimum, the installation of utilities,
August 2021
City of Dubuque
16-6-4-1
16-6-4-1
FLOOD INSURANCE A report published by FEMA for a community issued
STUDY (FIS): along with the community's Flood Insurance Rate
Map(s). The study contains such background data
as the base flood discharge and water surface
elevations that were used to prepare the FIRM.
FLOODPLAIN: Any land area susceptible to being inundated by
water as a result of a flood.
FLOODPLAIN
An overall program of corrective and preventive
MANAGEMENT:
measures for reducing flood damages and
promoting the wise use of floodplains, including but
not limited to emergency preparedness plans, flood
control works, floodproofing and floodplain
management regulations.
FLOODPROOFING:
Any combination of structural and nonstructural
additions, changes, or adjustments to structures,
inn- .Riding utility and sanitary facilities, which will
reduce or eliminate flood damage to such structures.
FLOODWAY:
The channel of a river or stream and those portions
of the floodplains adjoining the channel, which are
reasonably required to carry and discharge flood
waters or flood flows so that confinement of flood
flows to the floodway area will not cumulatively
increase the water surface elevation of the base
flood by more than one foot (1').
FLOODWAY FRINGE:
Those portions of the special flood hazard area
outside the floodway.
HIGHEST ADJACENT
The highest natural elevation of the ground surface
GRADE:
prior to construction next to the proposed walls of a
structure.
HISTORIC Any structure that is:
STRUCTURE:
A. Listed individually in the National Register of
Historic Places, maintained by the Department of
Interior, or preliminarily determined by the Secretary
of the Interior as meeting the requirements for
individual listing of the National Register;
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grading or the pouring of concrete pads) is
completed on or after the effective date of the first
floodplain management regulations adopted by the
community.
RECREATIONAL A vehicle which is:
VEHICLE:
A. Built on a single chassis;
B. Four hundred (400) square feet or less when
measured at the largest horizontal projection;
C. Designed to be self-propelled or permanently
towable by a light duty truck; and
D. Designed primarily not for use as a permanent
dwelling but as a temporary living quarters for
recreational, camping, travel, or seasonal use.
ROUTINE Repairs necessary to keep a structure in a safe and
MAINTENANCE OF habitable condition that do not trigger a building
EXISTING BUILDINGS permit, provided they are not associated with a
AND FACILITIES: general improvement of the structure or repair of a
damaged structure. Such repairs include:
A. Normal maintenance of structures such as
re -roofing, replacing roofing tiles and replacing
siding;
B. Exterior and interior painting, papering, tiling,
carpeting, cabinets, counter tops and similar finish
work;
C. Basement sealing;
D. Repairing or replacing damaged or broken
window panes;
E. Repairing plumbing systems, electrical systems,
heating or air conditioning systems and repairing
wells or septic systems.
SPECIAL FLOOD The land within a community subject to the "base
HAZARD AREA (SFHA): flood". This land is identified on the community's
Flood Insurance Rate Map as Zone A, Al-30, AE,
AH, AO, AR, and/or A99.
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"substantially damaged" and is being restored,
before the damage occurred. The term does not,
however, include any project for improvement of a
structure to correct existing violations of state or
local health, sanitary, or safety code specifications
which have been identified by the local code
enforcement official and which are the minimum
necessary to assure safe living conditions. The term
also does not include any alteration of an "historic
structure", provided the alteration will not preclude
the structure's designation as an "historic structure".
B. Any addition which increases the original floor
area of a building by twenty-five percent (25%) or
more. All additions constructed after the effective
date of the first floodplain management regulations
adopted by the community shall be added to any
proposed addition in determining whether the total
increase in original floor space would exceed twenty-
five percent (25%).
VARIANCE: A grant of relief by a community from the terms of
the floodplain management regulations.
VIOLATION: The failure of a structure or other development to be
fully compliant with the community's floodplain
management regulations. (Ord. 24-21, 6-21-2021)
16-6-4-2: STATUTORY AUTHORITY, FINDINGS OF FACT AND
PURPOSE:
A. The Legislature of the State of Iowa has in Chapter 414, Code of Iowa, as
amended, delegated the power to cities to enact zoning regulations to secure
safety from flood and to promote health and the general welfare.
B. Findings Of Fact:
1. The flood hazard areas of the City of Dubuque are subject to periodic
inundation which can result in loss of life and property, health and safety
hazards, disruption of commerce and governmental services, extraordinary
public expenditures for flood protection and relief, and impairment of the tax
base all of which adversely affect the public health, safety and general welfare
of the community.
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B. Establishment Of Official Floodplain Zoning Map: The Flood Insurance Rate
Map (FIRM) for Dubuque County and Incorporated Areas, City of Dubuque,
Panels 19061CO215F, 0217F, 0220F, 0236F, 0237F, 0238F, 0239F, 0241F,
0330F, 0332F, 0335F, 0351F, 0352F, 0354F, 0358F, 0365F, 0370F, dated
August 10, 2021, and Panels 19061CO242F, 0243F, 0244F, 0356F, 0360F,
dated August 19, 2013 which were prepared as part of the Flood Insurance
Study for Dubuque County, is (are) hereby adopted by reference and declared
to be the Official Floodplain Zoning Map. The flood profiles and all explanatory
material contained with the Flood Insurance Study are also declared to be a
part of Section 16-6-4.
C. Rules For Interpretation Of District Boundaries: The boundaries of the zoning
district areas shall be determined byscaling distances on the Official Floodplain
Zoning Map. When an interpretation is needed as to the exact location of a
boundary, the City Plannershall make the necessary interpretation. The Board
of Adjustment shall hear and decide appeals when it is alleged that there is an
error in any requirement, decision, or determination made by the City Planner
in the enforcement or administration of Section 16-6-4.
D. Compliance: No structure or land shall hereafter be used and no structure shall
be located, extended, converted or structurally altered without full compliance
with the terms of Section 16-6-4 and other applicable regulations which apply
to uses within the jurisdiction of Section 16-6-4.
E. Abrogation And Greater Restrictions: It is not intended by Section 16-6-4 to
repeal, abrogate or impair any existing easements, covenants, or deed
restrictions. However, where Section 16-6-4 imposes greater restrictions, the
provision of Section 16-6-4 shall prevail. All other ordinances inconsistent with
Section 16-6-4 are hereby repealed to the extent of the inconsistency only.
Interpretation: In their interpretation and application, the provisions of Section
16-6-4 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.
G. Warning And Disclaimer Of Liability: The standards required by Section 16-6-4
are considered reasonable for regulatory purposes. Section 16-6-4 does not
imply that areas outside the designated Floodplain (Overlay) District areas will
be free from flooding or flood damages. Section 16-6-4 shall not create liability
on the part of the City of Dubuque or any officer or employee thereof for any
flood damages that resultfrom reliance on Section 16-6-4 or any administrative
decision lawfully made thereunder.
H. Severability: If any section, clause, provision or portion of Section 16-6-4 is
adjudged unconstitutional or invalid by a court of competent jurisdiction, the
remainder of Section 16-6-4 shall not be affected thereby. (Ord. 24-21,
6-21-2021)
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(A) An increase in the base flood elevations; or
(B) Alteration to the floodway boundary.
(2) Development placed in Zones A, AE, AH, and Al-30 that does not
include a designated floodway that will cause a rise of more than one foot
(V) in the base elevation; or
(3) Development relocates or alters the channel.
(4) Within six (6) months of the completion of the development, the
applicant shall submit to FEMA all scientific and technical data necessary
for a Letter of Map Revision.
j. Perform site inspections to ensure compliance with the standards of
Section 16-6-4.
k. Forward all requests for variances to the Board of Adjustment for
consideration. Ensure all requests include the information ordinarily submitted
with applications as well as any additional information deemed necessary to the
Board of Adjustment.
B. Floodplain Development Permit:
1. Permit Required: A Floodplain Development Permit issued by the
Administrator shall be secured prior to any floodplain development (any
man-made change to improved and unimproved real estate, including but not
limited to buildings or other structures, mining, filling, grading, paving, storage
of materials or equipment, excavation or drilling operations), including the
placement of factory -built homes.
2. Application For Permit: Application shall be made on forms furnished by
the Administrator and shall include the following:
a. Description of the work to be covered by the permit for which
application is to be made.
b. Description of the land on which the proposed work is to be done (i.e.,
lot, block, track, street address or similar description) that will readily identify
and locate the work to be done.
c. Location and dimensions of all structures and additions.
d. Indication of the use or occupancy for which the proposed work is
intended.
e. Elevation of the base flood.
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The boundaries shall be as shown on the Official Floodplain Zoning Map. Within
these districts, all uses not allowed as permitted uses are prohibited unless a
variance to the terms of Section 16-6-4 is granted after due consideration by the
Board of Adjustment. (Ord. 24-21, 6-21-2021)
16-6-4-6: FLOODWAY (OVERLAY) DISTRICT (FW):
A. Permitted Uses: All development within the Floodway 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 District.
B. Performance Standards: All Floodway District uses allowed as a permitted use
shall meet the following standards.
1. No development shall be permitted in the Floodway District that would
result in any increase in the base flood elevation. 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 development within the Floodway District shall:
Be consistent with the need to minimize flood damage;
b. Use construction methods and practices that will minimize flood
damage, and
c. Use construction materials and utility equipment that are resistant to
flood damage.
3. No development shall affect the capacity or conveyance of the channel or
floodway of any tributary to the main stream, drainage ditch, or any other
drainage facility or system.
4. Structures, buildings, recreational vehicles, and sanitary and utility
systems, if permitted, shall meet the applicable performance standards of the
Floodway Fringe 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.
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such cases, the methods used must be adequate to support the structure as
well as withstand the various forces and hazards associated with flooding. All
new residential structures located in areas that would become isolated due to
flooding of surrounding ground shall be provided with a means of access that
will be passable by wheeled vehicles during the base flood. However, this
criterion shall not apply where the Administrator determines there is sufficient
flood warning time forthe protection of life and property. When estimating flood
warning time, consideration shall be given to the criteria listed in 567-75.2(3),
Iowa Administrative Code.
3. Non -Residential Structures: All new or substantially improved
non-residential structures shall have the lowest floor (including basement)
elevated a minimum of one foot (1') above the base flood elevation, ortogether
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 base flood; and that the structure, below the
base flood elevation is watertight with wails substantially impermeable to the
passage of water. A record of the certification indicating the specific elevation
(in relation to North American Vertical Datum 1988) to which any structures are
floodproofed shall be maintained by the Administrator.
All New And Substantially Improved Structures:
a. 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 either be
certified by a registered professional engineer or meet or exceed the following
minimum criteria:
(1) A minimum of two (2) openings, with positioning on at least two (2)
walls, having a total net area of not less than one (1) square inch for every
square foot of enclosed area subject to flooding shall be provided.
(2) The bottom of all openings shall be no higher than one foot (1') above
grade.
(3) Openings may be equipped with screens, louvers, valves, or other
coverings or devices provided they permit the automatic entry and exit of
floodwaters.
(4) Such areas shall be used solely for parking of vehicles, building
access and low damage potential storage.
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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 (V) above the base flood elevation. 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, flood walls, etc. shall
provide, at a minimum, protection from the base flood with a minimum of three
feet (3) of design freeboard and shall provide for adequate interior drainage.
In addition, the Department of Natural Resources shall approve structural flood
control works.
9. Watercourse alterations or relocations must be designed to maintain the
flood carrying capacity within the altered or relocated portion. In addition, the
Department of Natural Resources must approve such alterations or relocations.
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 (including the installation of public
utilities) shall meet the applicable performance standards of Section 16-6-4.
Subdivision proposals intended for residential use shall provide all lots with a
means of access which will be passable by wheeled vehicles during the base
flood. Proposals for subdivisions greater than five (5) acres or fifty (50) lots
(whichever is less) shall include base flood elevation data for those areas
located within the Floodway Fringe (Overlay) District.
11. Accessory Structures To Residential Uses:
a. Detached garages, sheds, and similar structures that are incidental to
a residential use are exempt from the base flood elevation requirements where
the following criteria are satisfied:
(1) The structure shall be designed to have low flood damage potential.
Its size shall not exceed six hundred (600) sq. ft. in size. Those portions
of the structure located less than one foot (V) above the base flood
elevation must be constructed of flood -resistant materials.
(2) The structure shall be used solely for low flood damage potential
purposes such as vehicle parking and limited storage. The structure shall
not be used for human habitation.
(3) The structure shall be constructed and placed on the building site so
as to offer minimum resistance to the flow of floodwaters.
(4) The structure shall be firmly anchored to prevent flotation, collapse,
and lateral movement which may result in damage to other structures.
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16-6-4-7
floodproofed shall be maintained by the Administrator. Where 0.2% chance
flood elevation data has not been provided in the Flood Insurance Study, the
Iowa Department of Natural Resources shall be contacted to compute such
data. The applicant will be responsible for providing the Department of Natural
Resources with sufficient technical information to make such determinations.
(Ord. 24-21, 6-21-2021)
16-6-4-8: GENERAL FLOODPLAIN (OVERLAY) DISTRICT (GF):
A. Permitted Uses:
1. All development within the General Floodplain District shall be permitted
to the extent that they are not prohibited by any other ordinance (or underlying
zoning district) and provided they meet the applicable performance standards
of the General Floodplain District.
2. Any development which involves placement of structures, factory -built
homes, fill or other obstructions, storage of materials or equipment, excavation
or alteration of a watercourse 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 base flood elevation. The
applicant shall be responsible for providing the Department of Natural
Resources with sufficient technical information to make the determination.
3. Review by the Iowa Department of Natural Resources is not required for
the proposed construction of new or replacement bridges or culverts where:
a. The bridge or culvert is located on a stream that drains less than two
(2) square miles; and
b. The bridge or culvert is not associated with a channel modification that
constitutes a channel change as specified in 567-71.2(2), Iowa Administrative
Code.
B. Performance Standards:
1. All development, 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 Section 16-6-4-6.
2. All development, or portions thereof, to be located in the floodway fringe
as determined by the Department of Natural Resources shall meet the
applicable provisions and standards of the Floodway Fringe (Overlay) District
Section 16-6-4-7. (Ord. 24-21, 6-21-2021)
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D. Hearings And Decisions Of The Board Of Adjustment:
1. Hearings: Upon the filing with the Board of Adjustment of an appeal or a
request for a variance, the Board shall hold a public hearing. The Board shall
fix a reasonable time for the hearing and give public notice thereof, as well as
due notice to parties in interest. At the hearing, any party may appear in person
or by agent or attorney and present written or oral evidence. The Board may
require the appellant or applicant to provide such information as is reasonably
deemed necessary and may request the technical assistance and/or evaluation
of a professional engineer or other expert person or agency, including the
Department of Natural Resources.
2. Decisions: The Board shall arrive at a decision on an appeal or variance
within a reasonable time. In passing upon an appeal, the Board may, so long
as such action is in conformity with the provisions of Section 16-6-4, reverse or
affirm, wholly or in part, or modify the order, requirement, decision, or
determination appealed from, and it shall make its decision, in writing, setting
forth the findings of fact and the reasons for its decision. In granting a variance,
the Board shall consider such factors as contained in this section and all other
relevant sections of Section 16-6-4 and may prescribe such conditions as
contained in Section 16-6-4-9B.2.
a. Factors Upon Which The Decision Of The Board Of Adjustment Shall
Be Based: In passing upon applications for variances, the Board shall consider
all relevant factors specified in other sections of Section 16-6-4 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 land 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
City;
(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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(6) Appeals To The Court: Any person or persons, jointly or severally,
aggrieved by any decision of the Board of Adjustment may present to a
court of record a petition, duly verified, setting forth that such decision is
illegal, in whole or in part, specifying the grounds of the illegality. Such
petition shall be presented to the court within thirty (30) days after the filing
of the decision in the office of the Board. (Ord. 24-21, 6-21-2021)
16-6-4-10: NONCONFORMING USES:
A. A structure or the use of a structure or premises which was lawful before the
passage or amendment of Section 16-6-4, but which is not in conformity with
the provisions of Section 16-6-4, may be continued subject to the following
conditions:
1. If such use is discontinued for six (6) consecutive months, any future use
of the building premises shall conform to Section 16-6-4.
2. Uses or adjuncts thereof that are or become nuisances shall not be entitled
to continue as nonconforming uses.
3. If any nonconforming use orstructure is destroyed by any means, including
flood, it shall not be reconstructed if the cost is more than fifty percent (50%)
of the market value of the structure before the damage occurred, unless it is
reconstructed in conformity with the provisions of Section 16-6-4. This limitation
does not include the cost of any alteration to comply with existing state or local
health, sanitary, building or safety codes or regulations or the cost of any
alteration of a structure listed on the National Register of Historic Places,
provided that the alteration shall not preclude its continued designation.
B. Except as provided in subsection A.2. of this section, any use which has been
permitted as a variance shall be considered a conforming use. (Ord. 24-21,
6-21-2021)
16-6-4-11: PENALTIES FOR VIOLATION:
Violations of the provisions of Unified Development Code Section 16-6-4 or failure
to comply with any of the requirements (including violations of conditions and
safeguards established in connection with grants of variances) shall constitute a
misdemeanor. Any person who violates Section 16-6-4 or fails to comply with any
of its requirements shall upon conviction thereof be fined not more than five
hundred dollars ($500.00) or be imprisoned for not more than thirty (30) days. Each
day such violation continues shall be considered a separate offense. Nothing herein
contained shall prevent the City of Dubuque from taking such other lawful action as
is necessary to prevent or remedy the violation. (Ord. 24-21, 6-21-2021)
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16-6-6-3: OTN DESIGN GUIDELINES:
OTN 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. (Ord. 52-09, 10-19-2009)
16-6-6-4: APPLICABILITY:
This section 16-6-6 shall apply to all lands within the jurisdiction of the city shown
on the official zoning map as being within the OTN old town neighborhood district
overlay. (Ord. 52-09, 10-19-2009)
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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 ten (10)
working days after each such meeting. (Ord. 52-09, 10-19-2009)
16-9-4: PROCEDURES OF OPERATION:
All administrative, personnel, accounting, budgetaryand procurement policies ofthe
City shall govern the Zoning Advisory Commission in all its operations, except as
herein provided. (Ord. 52-09, 10-19-2009)
16-9-5: 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. Forthis reason, and because
the original zoning district boundaries under this title 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 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 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 title 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 title 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. (Ord. 52-09, 10-19-2009)
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16-9-6: TEXT AMENDMENT PROCEDURE:
16-9-6-1: TEXT AMENDMENT:
Text amendments are intended for wholesale changes to the zoning regulations, as
a means for the City to respond to changing conditions and emerging trends in the
community. Text amendments are not property specific. (Ord. 52-09, 10-19-2009)
16-9-6-2: APPLICATION REQUIREMENTS:
Any person may propose amendments to the provisions of this title by delivering a
copy of the proposed amendment to the Planning Services Department. The
applicant may submit a written request to withdraw the text amendment application
at any time prior to final action by the City Council. (Ord. 2-19, 1-22-2019)
16-9-6-3: ZONING ADVISORY COMMISSION ACTION:
A. 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.
B. The commission's recommendations shall be forthwith transmitted to the
Council for its action. (Ord. 2-19, 1-22-2019)
16-9-6-4: CITY COUNCIL ACTION:
A. Following receipt of the Zoning Advisory Commission's recommendation, the
City Council shall act to hold its own public hearing on the proposed
amendment.
B. Following the public hearing, the Council shall adopt, table or reject the
proposed amendment. In those cases where the Zoning Advisory Commission
has recommended disapproval of the amendment, the affirmative vote of at
least three -fourths C/4) of the City Council shall be required to enact the
amendment. (Ord. 52-09, 10-19-2009)
16-9-7: PUBLIC HEARINGS:
At all public hearings required by this title 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. (Ord. 52-09, 10-19-2009)
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CHAPTER 11
LAND SUBDIVISION
SECTION:
16-11--1:
Purpose And Intent
16-11--2:
Applicability
16-11--3:
Recording Of Subdivision Plats
16-11-4:
Exception Of Specific Subdivision Requirements
16-11--5:
Application Fee For Subdivision Plat Review Required
16-11--6:
Subdivisions Classified
16-11--7:
Application Requirements And Review Process
16-11--8:
Subdivision Design Standards
16-11--9:
Recreational Open Space
16-11--9-1:
Computation Of Recreational Open Space Required
16-11--9-2:
Responsibility For Site Preparation
16-11--9-3:
Ownership And Management
16-11-10:
Sustainable Subdivision Development Tools
16-11-11:
Conservation Subdivision
16-11-11-1:
Conservation Subdivision Design Criteria
16-11-11-2:
Conservation Subdivision Development Bonus
16-11-12:
Solar Subdivision
16-11-13:
Cottage Design Subdivision
16-11-14:
Blocks And Lots
16-11-15:
Streets
16-11-16:
Sidewalks
16-11-17:
Bikeways
16-11-18:
Utility Location
16-11-19:
Street Trees
16-11-20:
Water Supply
16-11-21:
Sanitary Sewer
16-11-22:
Stormwater, Grading And Erosion Control
16-11-23:
Obligation To Install Improvements
16-11-24:
Improvement Guarantees
16-11-1: PURPOSE AND INTENT:
A. The purpose of these regulations is to protect the public health, safety and
general welfare. These regulations are intended to facilitate and to coordinate
the subdivision of land within 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 such plats
conform to the applicable statutes and ordinances.
B. The intent of these regulations is as follows:
August 2021
City of Dubuque
16-13-2
16-13-3-1
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
may 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.
4. Historic Districts: Historic districts, as regulated by chapter 10 of this title,
have architectural guidelines that may take precedence over the site design
standards set forth herein.
5. Old Town Neighborhood Overlay District: This overlay district has design
guidelines that may take precedence over the site design standards set forth
herein.
6. Architectural Guidelines: These guidelines apply to the downtown design
guidelines area and historic millwork district in accordance with city policy, and
may take precedence over the site design standards set forth herein.
D. Waiver From Site Design Standards: The zoning advisory commission shall
have the power to grant such waivers from the site design standards of this
chapter, as may be reasonable and within the general purpose and intent of the
site plan review and approval provisions of this chapter if the literal
enforcement of one or more provisions of this chapter 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 (4) 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 chapter are followed. At the commission meeting,
the applicant and all other interested parties shall be presented a reasonable
opportunity to present theirviews. 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. (Ord. 52-09, 10-19-2009;
amd. Ord. 7-11, 1-18-2011; Ord. 45-16, 9-19-2016; Ord. 11-21, 4-19-2021)
16-13-3: SITE DEVELOPMENT REQUIREMENTS:
16-13-3-1: SITE LIGHTING:
A. The following site features shall be illuminated by an exterior light source:
Driveways and loading facilities; and
August 2021
City of Dubuque
-F- -G-
FIRE PREVENTION REGULATIONS (cont.)
Burning Restrictions .......................................
6-9-2
Fires In Parks Restricted ................................
10-513-17
Service Stations ..........................................
6-9-4
Smoke Detection .........................................
6-9-6
Smoking, Carrying Lighted Objects In Specified Places Restricted
... 6-9-1
FIREWORKS ........................................ 6-9-3, 7-5A-10
FISCAL YEAR ..............................................
1-10-1
FLAG, CITY ...............................................
1-10-5
FLOOD AREAS
Designation; Posting ....................................
14-11-1
Entry, Permits .........................................
14-11-3
Entry Restricted ........................................
14-11-2
Vacation Of Dwellings ...................................
14-11-4
FOOD ESTABLISHMENTS AND HOTEL SANITATION
Provisions Adopted .......................................
6-2-1
FUEL GAS CODE
Fuel Gas Code Adopted .................................
14-1G-1
Fuel Gas Code Amendments .............................
14-IG-2
G
GAS FRANCHISE
Accessions To Franchise ..................................
11-4-6
Acquisition At Expiration ..................................
11-4-21
Adoption; Franchise Effective And Binding ....................
11-4-24
Condition Of Service .....................................
11-4-7
Definitions .............................................
11-4-1
Excavations And Other Works; Vacated Property ...............
11-4-4
Extension Of Service ....................................
11-4-11
Franchise Fee .........................................
11-4-23
Franchise Fee Overview .................................
11-4-22
Grant Of Franchise ......................................
11-4-2
Indemnification .........................................
11-4-15
Maps Of Distribution System ..............................
11-4-14
Material Breach; Termination ..............................
11-4-17
Nonassignment........................................
11-4-16
Rates................................................
11-4-12
Regulatory Review .......................................
11-4-8
Relocation Of Pipes, Conduit And Services; Public
Improvements .........................................
11-4-5
Reports..............................................
11-4-13
Reservation Of Home Rule Powers .........................
11-4-20
October 2019
City of Dubuque
-U- -U-
U
UNFAIR AND DISCRIMINATORY PRACTICES (See Also HUMAN
RIGHTS) ...................................................
8-3
UNIFIED DEVELOPMENT CODE
AG Agriculture District ...................................
16-5-21
Accessory Uses ..................................
16-5-21-4
Bulk Regulations ..................................
16-5-21-8
Conditional Uses ..................................
16-5-21-3
Parking .........................................
16-5-21-6
Principal Permitted Uses ............................
16-5-21-2
Prohibited Uses ...................................
16-5-21-1
Signs ...........................................
16-5-21-7
Temporary Uses ..................................
16-5-21-5
Adult Entertainment Establishments ..........................
16-7-4
Purpose ..........................................
16-7-4-1
Siting Requirements ................................
16-7-4-2
C-1 Neighborhood Commercial District ......................
16-5-10
Accessory Uses ..................................
16-5-10-3
Bulk Regulations ..................................
16-5-10-7
Conditional Uses ..................................
16-5-10-2
Parking .........................................
16-5-10-5
Principal Permitted Uses ............................
16-5-10-1
Signs ...........................................
16-5-10-6
Standards For Nonresidential Uses ....................
16-5-10-8
Temporary Uses ..................................
16-5-10-4
C-2 Neighborhood Shopping Center District ..................
16-5-11
Accessory Uses ..................................
16-5-11-3
Bulk Regulations ..................................
16-5-11-7
Conditional Uses ..................................
16-5-11-2
Parking .........................................
16-5-11-5
Principal Permitted Uses ............................
16-5-11-1
Signs ...........................................
16-5-11-6
Temporary Uses ..................................
16-5-11-4
C-2A Mixed Use Neighborhood District ......................
16-5-12
Accessory Uses ..................................
16-5-12-3
Bulk Regulations ..................................
16-5-12-7
Conditional Uses ..................................
16-5-12-2
Parking .........................................
16-5-12-5
Principal Permitted Uses ............................
16-5-12-1
Signs ...........................................
16-5-12-6
Temporary Uses ..................................
16-5-12-4
C-3 General Commercial District ...........................
16-5-13
Accessory Uses ..................................
16-5-13-3
Bulk Regulations ..................................
16-5-13-7
Conditional Uses ..................................
16-5-13-2
Parking .........................................
16-5-13-5
August 2021
City of Dubuque
-U- -U-
UNIFIED DEVELOPMENT CODE (cont.)
Establishment Of Floodplain (Overlay) Districts ...........
16-6-4-5
Floodway (Overlay) District (FW) ......................
16-6-4-6
Floodway Fringe (Overlay) District (FF) ..................
16-6-4-7
General Floodplain (Overlay) District (GF) ...............
16-6-4-8
General Provisions .................................
16-6-4-3
Nonconforming Uses ...............................
16-6-4-10
Penalties For Violation .............................
16-6-4-11
Statutory Authority, Findings Of Fact And Purpose .........
16-6-4-2
HI Heavy Industrial District ................................
16-5-19
Accessory Uses ..................................
16-5-19-3
Bulk Regulations ..................................
16-5-19-7
Conditional Uses ..................................
16-5-19-2
Parking .........................................
16-5-19-5
Principal Permitted Uses ............................
16-5-19-1
Signs ...........................................
16-5-19-6
Temporary Uses ..................................
16-5-19-4
Historic Preservation Commission Applications And Procedures
Alteration Of Landmarks, Historic Properties And Sites ......
16-10-6
Appeals From Commission Action .....................
16-10-10
Conservation Districts ................................
16-10-8
Conservation Planning Areas ..........................
16-10-9
Definitions .........................................
16-10-2
Demolition Of Landmarks, Landmark Sites And
Structures In Historic Districts And Conservation Districts ....
16-10-5
Designated Landmarks, Sites And Historic Districts .........
16-10-4
Historic Preservation Commission .......................
16-10-1
Identification And Designation Of Landmarks, Sites And
Historic Districts ...................................
16-10-3
Inspection ........................................
16-10-11
Standards For Design Review ..........................
16-10-7
Violations; Penalties ................................
16-10-12
Home Based Businesses ..................................
16-7-1
General Provisions .................................
16-7-1-1
Home Based Businesses As Conditional Uses ............
16-7-1-4
Permitted Home Based Business Uses ..................
16-7-1-2
Prohibited Home Based Business Uses .................
16-7-1-3
ID Institutional District ...................................
16-5-22
Accessory Uses ..................................
16-5-22-3
Bulk Regulations ..................................
16-5-22-7
Commencement Of Use By Parties Unassociated With
Principal Institution Prohibited .......................
16-5-22-5
Conditional Uses ..................................
16-5-22-2
District Establishment, Expansion And Modification .......
16-5-22-4
District Standards .................................
16-5-22-6
Principal Permitted Uses ............................
16-5-22-1
August 2021
City of Dubuque
DUBUQUE,IOWA
Instruction Sheet
S-4 Replacement - August 2021
REMOVE OLD PAGES INSERT NEW PAS
VOLUMEI
Cover Page Cover Page
Preface Preface
VOLUME II
Cover Page Cover Page
LAM 8/21 1
CITY CODE
roil
DUBUQUE
IOWA
Code current through:
Ord. 27-21, passed 7-6-2021
Published by:
STERLING CODIFIERS
an
AMERICAN LEGAL PUBLISHING COMPANY
525 Vine Street 4 Suite 310 4 Cincinnati, Ohio 45202
1-800-445-5588 O www.amlegal.com
PREFACE
This code of the City of Dubuque, as
supplemented, contains ordinances up to and
including ordinance 27-21, passed July 6, 2021.
Ordinances of the City adopted after said ordinance
supersede the provisions of this code to the extent
that they are in conflict or inconsistent therewith.
Consult the City office in order to ascertain whether
any particular provision of the code has been
amended, superseded or repealed.
Sterling Codifiers
Cincinnati, Ohio
August 2021 Repl.
City of Dubuque
CITY CODE
of
DUBUQUE
IOWA
Code current through:
Ord. 27-21, passed 7-6-2021
Published by:
STERLING CODIFIERS
an
AMERICAN LEGAL PUBLISHING COMPANY
525 Vine Street 4 Suite 310 O Cincinnati, Ohio 45202
1-800-445-5588 O www.amlegal.com
DUBUQUE, IOWA
Instruction Sheet
S-4 Replacement - August 2021
REMOVE OLD PAGES
VOLUMEI
Cover Page
Preface
VOLUME II
Cover Page
LAM 8/21
INSERT NEW PAGES
Cover Page
Preface
Cover Page
CITY CODE
of
DUBUQUE
•11�
Code current through:
Ord. 27-21, passed 7-6-2021
Published by:
STERLING CODIFIERS
an
AMERICAN LEGAL PUBLISHING COMPANY
525 Vine Street O Suite 310 O Cincinnati, Ohio 45202
1-800-445-5588 -0- www.amlegal.com
PREFACE
This code of the City of Dubuque, as
supplemented, contains ordinances up to and
including ordinance 27-21, passed July 6, 2021.
Ordinances of the City adopted after said ordinance
supersede the provisions of this code to the extent
that they are in conflict or inconsistent therewith.
Consult the City office in order to ascertain whether
any particular provision of the code has been
amended, superseded or repealed.
Sterling Codifiers
Cincinnati, Ohio
August 2021 Repl.
City of Dubuque
CITY CODE
of
DUBUQUE
OWA
Code current through:
Ord. 27-21, passed 7-6-2021
Published by:
STERLING CODIFIERS
an
AMERICAN LEGAL PUBLISHING COMPANY
525 Vine Street P Suite 310 4 Cincinnati, Ohio 45202
1-800-445-5588 O www.amlegal.com
DUBUQUE, IOWA
Instruction Sheet
S-4 Replacement - August 2021
REMOVE OLD PAGES
VOLUMEI
Cover Page
Preface
VOLUME II
Cover Page
LAM 8/21
INSERT NEW PAGES
Cover Page
Preface
Cover Page
CITY CODE
of
DUBUQUE
OWA
Code current through:
Ord. 27-21, passed 7-6-2021
Published by:
STERLING CODIFIERS
an
AMERICAN LEGAL PUBLISHING COMPANY
525 Vine Street O Suite 310 4 Cincinnati, Ohio 45202
1-800-445-5588 -0- www.amlegal.com
PREFACE
This code of the City of Dubuque, as
supplemented, contains ordinances up to and
including ordinance 27-21, passed July 6, 2021.
Ordinances of the City adopted after said ordinance
supersede the provisions of this code to the extent
that they are in conflict or inconsistent therewith.
Consult the City office in order to ascertain whether
any particular provision of the code has been
amended, superseded or repealed.
Sterling Codifiers
Cincinnati, Ohio
August 2021 Repl.
City of Dubuque
CITY CODE
of
DUBUQUE
OWA
Code current through:
Ord. 27-21, passed 7-6-2021
Published by:
STERLING CODIFIERS
an
AMERICAN LEGAL PUBLISHING COMPANY
525 Vine Street 4 Suite 310 O Cincinnati, Ohio 45202
1-800-445-5588 O www.amlegal.com
DUBUQUE, IOWA
Instruction Sheet
S-4 Replacement - August 2021
REMOVE OLD PAGES
VOLUMEI
Cover Page
Preface
VOLUME II
Cover Page
INSERT NEW PAGES
Cover Page
Preface
Cover Page
CITY CODE
of
DUBUQUE
•�r
Code current through:
Ord. 27-21, passed 7-6-2021
Published by:
STERLING CODIFIERS
an
AMERICAN LEGAL PUBLISHING COMPANY
525 Vine Street O Suite 310 4 Cincinnati, Ohio 45202
1-800-445-5588 O www.amlegal.com
PREFACE
This code of the City of Dubuque, as
supplemented, contains ordinances up to and
including ordinance 27-21, passed July 6, 2021.
Ordinances of the City adopted after said ordinance
supersede the provisions of this code to the extent
that they are in conflict or inconsistent therewith.
Consult the City office in order to ascertain whether
any particular provision of the code has been
amended, superseded or repealed.
Sterling Codifiers
Cincinnati. Ohio
August 2021 Repl.
City of Dubuque
CITY CODE
of
DUBUQUE
IOWA
Code current through:
Ord. 27-21, passed 7-6-2021
Published by:
STERLING CODIFIERS
an
AMERICAN LEGAL PUBLISHING COMPANY
525 Vine Street 4 Suite 310 O Cincinnati, Ohio 45202
1-800-445-5588 4 www.amlegal.com
DUBUQUE, IOWA
Instruction Sheet
S-4 Replacement - August 2021
REMOVE OLD PAGES
VOLUMEI
Cover Page
Preface
VOLUME II
Cover Page
LAM 8/21
INSERT NEW PAGES
Cover Page
Preface
Cover Page
CITY CODE
of
DUBUQUE
•rr
Code current through:
Ord. 27-21, passed 7-6-2021
Published by:
STERLING CODIFIERS
an
AMERICAN LEGAL PUBLISHING COMPANY
525 Vine Street O Suite 310 O Cincinnati, Ohio 45202
1-800-445-5588 O www.amlegal.com
PREFACE
This code of the City of Dubuque, as
supplemented, contains ordinances up to and
including ordinance 27-21, passed July 6, 2021.
Ordinances of the City adopted after said ordinance
supersede the provisions of this code to the extent
that they are in conflict or inconsistent therewith.
Consult the City office in order to ascertain whether
any particular provision of the code has been
amended, superseded or repealed.
Sterling Codifiers
Cincinnati. Ohio
August 2021 Repl.
City of Dubuque
CITY CODE
of
DUBUQUE
IOWA
Code current through:
Ord. 27-21, passed 7-6-2021
Published by:
STERLING CODIFIERS
an
AMERICAN LEGAL PUBLISHING COMPANY
525 Vine Street O Suite 310 O Cincinnati, Ohio 45202
1-800-445-5588 O www.amlegal.com