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Adoption of Supplement Number 2022 S-8 to the City of Dubuque Code of OrdinancesCity of Dubuque City Council Meeting Consent Items # 06. Copyrighted October 17, 2022 ITEM TITLE: Adoption of Supplement Number 2022 S-8 to the City of Dubuque Code of Ordinances SUMMARY: City Clerk recommending approval of the resolution adopting Supplement Number 2022 S-8 as part of the Code of Ordinances of the City of Dubuque. RESOLUTION Adopting Supplement No. 2022 S-8 to the Code of Ordinances of the City of Dubuque, Iowa SUGGESTED Suggested Disposition: Receive and File; Adopt Resolution(s) DISPOSITION: ATTACHMENTS: Description Type Memo Staff Memo Resolution Resolutions Supplement No. 2022 S-8 Supporting Documentation Dubuque THE CITY OF -U Boo A11 Ameroea CRY 11111Y E 2007-2012.2013 2017* 2a 19 Masterpiece on the Mississippi TO: Honorable Mayor and City Council Members FROM: Adrienne N. Breitfelder, City Clerk City Clerk's Office City Hall 50 W. 13' Street Dubuque, IA 52001-4864 (563) 589-4120 office (563) 589-0890 fax ctyclerk@cityofdubuque.org www.cityofdubuque.org SUBJECT: Adoption of Supplement Number 2022 S-8 to the Code of Ordinances DATE: October 6, 2022 The attached resolution provides for the adoption of Supplement Number S-8 of September 2022 to the City of Dubuque Code of Ordinances, which codifies Ordinance Numbers 15-22 through 32-22 as approved by the City Council through September 19, 2022. Section 380.8 of the Iowa Code outlines the City's code of ordinance requirements: 380.8 Code of ordinances published 1. a. A city shall compile a code of ordinances containing all the city ordinance in effect, except grade ordinances, bond ordinances, zoning map ordinances, ordinances vacating streets and alleys, and ordinances containing legal descriptions of urban revitalization areas and urban renewal areas. b. A city may maintain a code of ordinances either by compiling at least annually a supplement to the code of ordinances consisting of all new ordinances and amendments to ordinances which became effective during the previous year and adopting the supplement by resolution or by adding at least annually new ordinances and amendments to ordinances to the code of ordinances itself. Since August 17, 2009, the City Council has adopted certain ordinances amending the Code of Ordinances and said amendments have been printed as supplements to the Code of Ordinances. Supplements of the Code of Ordinances are prepared by American Legal Publishing of Cincinnati, Ohio. I respectfully request City Council approval of the resolution adopting Supplement No. 2022 S-8 as part of the Code of Ordinances of the City of Dubuque. Prepared by Adrienne N Breitfelder, City Clerk 50 W. 131h St Dubuque Iowa 52001 (563) 489-4100 Return to Adrienne N. Breitfelder, City Clerk, 50 W. 1311 St., Dubuque, Iowa 52001, (563) 489-4100 RESOLUTION NO. 323-22 ADOPTING SUPPLEMENT NO. 2022 S-8 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 Ordinance; and Whereas, Section 380.8 of the Code of Iowa provides that supplements, by resolution, become part of the Code of Ordinance; 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. NOW THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE IOWA: Section 1. That Supplement No. 2022 S-8 to the City of Dubuque Code of Ordinances, which codifies Ordinance Nos. 15-22 through 32-22 as approved by the City Council through September 19, 2022, is hereby adopted, and becomes part of the Code of Ordinances of the City of Dubuque, Iowa. Passed, approved, and adopted this 17th day of October 2022 _y � rad M. Cavanagh, Mayor Attest: Adrienne N. Breitfelder, City Clerk DUBUQUE, IOWA Instruction Sheet September 2022 - S-8 Supplement REMOVE OLD PAGES INSERT NEW PAGES VOLUMEI Cover Page Cover Page Preface Preface IiL:i V IEE)" 22 OrT -6 Al I I. 5� 7-5A-1 through 7-5A-2 A.2. (2 pages) 7-5A-1 through 7-5A-2 A.2. (2 pages) 7-5A-16 B.6, through 7-5A-18 (5 pages) 9-11-321.372 through 9-11-321.372A (4 pages) 10-1-1 through 10-1-2 A. 1. (2 pages) 10-1-7 B.through 10-1-10 (1 page) Cover Page 14-0-1 through 14-1J-3 B.5.f. (11 pages) 14-2-3 C.3. (vided, that a fee) through 14-2-8 (7 pages) 16-5-3 through 16-5-3-7 (Conditional Use: Hospice) (4 pages) 16-5-4 through 16-5-6-7 (Conditional uses: Group home) (16 pages) 16-5-7 through 16-5-7-7 (6 pages) VOLUME II 1 7-5A-16 13.6. through 7-5A-17 (2 pages) 9-11-321.372 through 9-11-321.372A (4 pages) 10-1-1 through 10-1-2 A.1. (2 pages) 10-1-7 B.through 10-1-11 (4 pages) Cover Page 14-lJ-1 through 14-1J-3 B.5.f. (11 pages) 14-2-3 C.3. (vided, that a fee) through 14-2-8 (5 pages) 16-5-3 through 16-5-3-7 (Conditional Use: Hospice) (4 pages) 16-5-4 through 16-5-6-7 (Conditional uses: Group home) (16 pages) 16-5-7 through 16-5-7-7 (8 pages) 2 Dubuque, IA - Instruction Sheet REMOVE OLD PAGES INSERT NEW PAGES 16-5-9 through 16-5-9-7 (4 pages) 16-5-9 through 16-5-9-7 (4 pages) 16-5-10-2 through 16-5-10-7 (2 pages) 16-8-5-5 C. (which the conditional) through 16-8-5-10 (Bar or tavern - B.2.) (2 pages) -----16r8=5---10 (Vehicle body shop) through 16-8-6-3 C. (2 pages) 16-11-7 C.2.through 16-11-8 A.1. (4 pages) 16-15-12 (images) through 16-15-17 (6 pages) INDEX -O- (Offenses - Crime Property) through -P- (Parks And Recreation - Use Regulations - Interfering With Animals) (2 pages) -S- (Solicitor's License) through -T- (Transit System - Transit Advisory Board - Compensation) (2 pages) aps 912022 16-5-10-2 through 16-5-10-7 (2 pages) 16-8-5-5 C. (which the conditional) through 16-8-5-10 (Bar or tavern - B.2.) (2 pages) 16 8--5—I"Vehicle-body-shop)-through 16-8-6-3 C. (2 pages) 16-11-7 C. 2. through 16-11-8 A.1. (4 pages) 16-15-12 (images) through 16-15-17 (7 pages) -O- (Offenses - Crime Property) through -P- (Parks And Recreation - Use Regulations - Interfering With Animals) (2 pages) -S- (Solicitor's License) through -T- (Transit System - Transit Advisory Board - Compensation) (2 pages) CITY CODE of DUBUQUE Code current through: Ord. 32-22, passed 9-19-2022 Published by: STERLING CODIFIERS an AMERICAN LEGAL PUBLISHING COMPANY 525 Vine Street 4 Suite 310 O Cincinnati, Ohio 45202 1-800-445-5588 -0- www.amleval.com PREFACE This code of the City of Dubuque, as supplemented, contains ordinances up to and including ordinance 32-22, passed September 19, 2022. 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 September 2022 City of Dubuque 7-5A-1 7-5A-1 CHAPTER 5 OFFENSES ARTICLE A. GENERAL OFFENSES SECTION: 7-5A-1: Disorderly Conduct 7-5A-2: Offenses Relating To Officers And Employees 7-5A-3: False And Fraudulent Reports 7-5A-4: False Representation Of Records Or Processes 7-5A-5: Advertising Materials; Billposting; Littering 7-5A-7: Loitering For Illegal Purposes 7-5A-8: Ringing Of Bells Or Gongs 7-5A-9: Public Urination Or Defecation 7-5A-10: Projectiles, Slingshots, Knuckles Of Metal Or Other Material, Other Weapons, And Fireworks 7-5A-11: Unauthorized Computer Access 7-5A-12: Criminal Mischief 7-5A-13: Professional Boxing Elimination Tournaments 7-5A-14: Underage Persons Entering Gambling Facilities 7-5A-15: Tobacco Products To Underage Persons 7-5A-16: Hunting And Target Practice Permitted 7-5A-17: Unlawful Assembly 7-5A-1: DISORDERLY CONDUCT: It shall be unlawful for any person to do any of the following: A. Fighting: Engage in fighting or violent behavior or invite or defy another person to fight; provided, that participants in athletic contests may engage in such conduct which is reasonably related to that sport. B. Noise, Disturbance: Intentionally, knowingly, recklessly, or with wanton disregard for the distress of those nearby make unusually loud or excessive noise which results in the disturbance of the peace and the public quiet of a neighborhood. C. Noise, Breach Of The Peace: Intentionally, knowingly, recklessly, or with wanton disregard for the distress of those nearby permit upon any premises owned, occupied, possessed or controlled by such person any unusually loud or excessive noise in such a manner calculated to provoke a breach of the peace of others, or the public quiet of the neighborhood. September 2022 City of Dubuque 7-5A-1 7-5A-2 D. Abusive Language: Direct abusive language or make any threatening gesture which the person knows or reasonably should know is likely to provoke a violent reaction by another. E. Disturbing Lawful Assembly: Without lawful authority or order of authority, disturb any lawful assembly or meeting of persons by conduct intended to disrupt the meeting or assembly. F. Obstructing Streets: Without authority, obstruct any street, sidewalk, highway or other public way. G. Soliciting Contributions, Peddling On Roadways: Without authority, solicit contributions, distribute literature, or otherwise peddle or sell goods and services within the traveled portion of any roadway. (2087eude § 33- 1, an Id. Ord. 5-20, 1-21-2020) 7-5A-2: OFFENSES RELATING TO OFFICERS AND EMPLOYEES: A. Harassment Of City Employees: 1. It shall be unlawful for any person to wilfully prevent, resist or obstruct or attempt to prevent, resist or obstruct any City employee from the performance of any official duty. 2. It shall be unlawful for any person to communicate by any means, any threat of bodily or property harm to any police officer, member of the Fire Department or other City employee or to any member of their family during the course of, or as a result of, the performance of any official duty by said police officer, member of the Fire Department or City employee in which the police officer, member of the Fire Department, or City employee is identified as such. (2007 Code § 33-3) August 2020 City of Dubuque 7-5A-16 7-5A-16 6. Compliance With State And Local Laws: A person engaged in target practice must comply with all State and local laws, rules, regulations and ordinances governing target practice. 7. Firearms Limited: The only firearm authorized for target practice is a shotgun with shot ammunition size 4-9. The use of slugs, rifles, pistols, deer slugs, and black powder rifles and all other firearms or other weapons is prohibited. 8. Notify Police Prior To Target Practice: The permittee shall notify police dispatch at the Dubuque Law Enforcement Center, on the day on which target practice will occur and prior to the commencement of any target practice, of the location where the target practice will occur. 9. Approved Times: Target practice will be allowed from one-half 02) hour before sunrise to one-half 02) hour after sunset. 10. Discharging Shotgun: A person engaged in target practice shall not discharge a shotgun in the direction of any person, livestock, building, public street, recreational trail or public waters. 11. Exception: An exception to these rules maybe granted if approved through a City of Dubuque special events permit. (Ord. 55-13, 12-16-2013) C. Bow And Arrow Hunting: 1. Permitted: Bow and arrow hunting will be allowed within City limits in accordance with the Deer Management Program adopted by the City Manager or City Manager's designee. 2. Exception: An exception to these rules maybe granted if approved through a City of Dubuque special events permit. (Ord. 30-17, 7-5-2017) D. Target Practice; Weapons Other Than Shotguns: 1. Allowed With Conditions: Target practice will be allowed under the following conditions: a. Weapons approved for target practice are limited to bow and arrows and air guns; b. No other weapons are approved for target practice; August 2017 City of Dubuque 7-5A-16 7-5A-17 c. The property where the target practice will occur is not less than three (3) contiguous acres or more in size; d. Adjacent property may be used to meet the three (3) acre minimum, with the written permission of the adjacent property owner; e. The property owner agrees to be present to supervise target practice on the owner's property; f. Allowing target practice on the property will not constitute a danger to public safety; and There are no homes or businesses within one hundred fifty feet (150'). 2. Exception: An exception to these rules may be granted if approved through a City of Dubuque special events permit. (Ord. 20-13, 4-1-2013) 7-5A-17: UNLAWFUL ASSEMBLY: A. Definition: An "unlawful assembly" is three (3) or more persons assembled together, with them or any of them acting in a violent manner, and with intent that they or any of them will commit a public offense or causing other persons to be intimidated, harassed or placed in fear of bodily harm. B. Prohibited Act: It is unlawful for a person to willingly join in or remain a part of an unlawful assembly, knowing or having reasonable grounds to believe that it is such. C. Refusal To Disperse: It is unlawful for any person within the hearing distance of a police officer who orders the participants in an unlawful assembly of persons in the immediate vicinity of an unlawful assembly to refuse to disperse. D. Lawful Assemblies Excepted: Nothing in this section will be construed to prevent persons from gathering together in orderly or lawful assemblies which will not result in the disturbance of the peace or disorderly conduct. (Ord. 35-14, 5-19-2014) September 2022 City of Dubuque 9-11-321.372 9-11-321.372 CHAPTER 11 SCHOOL BUSES SECTION: 9-11-321.372: School Buses Discharging Pupils 9-11-321.372A: Prompt Investigation Of Reported Violation Of Failing To Obey School Bus Warning Devices - Citation Issued To Driver Or Owner 9-11-321.372: SCHOOL BUSES DISCHARGING PUPILS: A. Driver Responsibilities: The driver of a school bus used to transport children to and from a public or private school must, when stopping to receive or discharge pupils, turn on flashing warning lamps at a distance of not less than three hundred feet (300') nor more than five hundred feet (500') from the point where the pupils are to be received or discharged from the bus if the speed limit at that point is forty five (45) miles per hour or greater and must turn on flashing warning lamps at a distance of not less than one hundred fifty feet (150') from the point where the pupils are to be received or discharged from the bus if the speed limit at that point is less than forty five (45) miles per hour. At the point of receiving or discharging pupils, the driver of the bus must bring the bus to a stop, turn off the amber flashing warning lamps, turn on the red flashing warning lamps, and extend the stop arm. After receiving or discharging pupils, the bus driver must turn off all flashing warning lamps, retract the stop arm and proceed on the route. Except to the extent that reduced visibility is caused by fog, snow, or other weather conditions, a school bus will not stop to receive or discharge pupils unless there is at least three hundred feet (300') of unobstructed vision in each direction. However, the driver of a school bus is not required to use flashing warning lamps and the stop arm when receiving or discharging pupils at a designated loading and unloading zone at a school attendance center or at extracurricular or educational activity locations where students exiting the bus do not have to cross the street or highway. If a school district contracts with an urban transit system to transport children to and from a public or private school, the school bus which is provided by the urban transit system is not required to be equipped with flashing warning lights and a stop arm. September 2022 City of Dubuque 9-11-321,372 9-11-321.372 If the school bus provided by an urban transit system is equipped with flashing warning lights and a stop arm, the driver of the school bus must use the flashing warning lights and stop arm as required by law. A school bus, when operating on a highway with four (4) or more lanes, will not stop to load or unload pupils who must cross the highway, except at designated stops where pupils who must cross the highway may do so at points where there are official traffic control devices or police officers. A school bus must, while carrying passengers, have its headlights turned on. B. Entrance/Exit For Pupils: All pupils will be received and discharged from the right front entrance of every school bus and if said pupils must cross the highway —,they -are reqLtired-to-pass-irT-front-of-tfte bus —,took -in -both -directions, and proceed to cross the highway only on signal from the bus driver. C. Driver Responsibilities: The driver of any vehicle, including the driver of a vehicle operating on a private road or driveway, when meeting a school bus with flashing amberwarning lamps must reduce the vehicle's speed to not more than twenty (20) miles per hour and must bring the vehicle to a complete stop when the school bus stops and the stop signal arm is extended and the vehicle must remain stopped until the stop signal arm is retracted after which time the driver may proceed with due caution. The driver of a vehicle, including the driver of a vehicle operating on a private road or driveway, overtaking a school bus will not pass a school bus when red or amber warning signal lights are flashing and must bring the vehicle to a complete stop no closer than fifteen feet (15) from the school bus when it is stopped and the stop arm is extended and the vehicle must remain stopped until the stop arm is retracted and school bus resumes motion. D. Bus Traveling Two Lane Highway: The driver of a vehicle upon a highway providing two (2) or more lanes in each direction need not stop upon meeting a school bus which is traveling in the opposite direction even though the school bus is stopped. E. Penalties: 1. The driver of a school bus who commits a violation of subsection A or B of this section is guilty of a simple misdemeanor punishable as a scheduled violation under Iowa Code section 805.8A, subsection 10. 2. A person who commits a violation of subsection C of this section is subject to the following: September 2022 City of Dubuque 9-11-321.372 9-11-321.372A a. For a first offense, the person is guilty of a simple misdemeanor punishable by a fine of at least three hundred forty-five dollars but not more than nine hundred thirty dollars or by imprisonment for not more than thirty days, or by both. The department may require the person to attend and successfully complete, at the person's own expense, a driver improvement program approved by the department in lieu of driver's license suspension for the offense pursuant to section 321.210. b. For a second or subsequent offense, the person shall be charged under Iowa Code section 321.372 as a serious misdemeanor. (Ord. 27-15, 4-20-2015; amd. Ord. 18-22, 4-18-2022) OF FAILING TO OBEY SCHOOL BUS WARNING DEVICES - CITATION ISSUED TO DRIVER OR OWNER: A. The driver of a school bus who observes a violation of subsection 9-11-321.372C of this chapter, may prepare a written report on a form provided by the department of public safety indicating that a violation has occurred. The school bus driver or a school official may deliver the report not more than seventy two (72) hours after the violation occurred to a peace officer of the state or a peace officer of the county or municipality in which the violation occurred. The report must state the time and the location at which the violation occurred and must include the registration plate number and a description of the vehicle involved in the violation. B. Not more than seven (7) calendar days after receiving a report of a violation of subsection 9-11-321.372C of this chapter, from a school bus driver or a school official, the peace officer must initiate an investigation of the reported violation and contact the owner of the motor vehicle involved in the reported violation and request that the owner supply information identifying the driver. 1. If, from the investigation, the peace officer is able to identify the driver and has reasonable cause to believe a violation of subsection 9-11-321.372C of this chapter, has occurred, the peace officer shall prepare a uniform traffic citation for the violation and shall serve it personally or by certified mail to the driver of the vehicle. 2. If, from the investigation, the peace officer has reasonable cause to believe that a violation of subsection 9-11-321.372C of this chapter, occurred but is unable to identify the driver, the peace officer shall serve a uniform traffic citation for the violation to the owner of the motor vehicle. In a proceeding where the peace officer who conducted the investigation was not able to identify the driver of the motor vehicle, proof that the motor vehicle described September 2022 City of Dubuque 9-11-321.372A 9-11-321.372A in the uniform traffic citation was used to commit the violation of subsection 9-11-321.372C of this chapter, together with proof that the defendant named in the citation was the owner of the motor vehicle at the time the violation occurred, constitutes a permissible inference that the ownerwas the driverwho committed the violation. 3. For purposes of this subsection, 'owner" means a person who holds the legal title to a motor vehicle; however, if the motor vehicle is the subject of a security agreement with a right of possession in the debtor, the debtor shall be deemed the owner for purposes of this subsection, or if the motor vehicle is leased, the lessee shall be deemed the owner for purposes of this subsection. (Ord. 27-15, 4-20-2015) September 2022 City of Dubuque 10-1-1 10-1-1 CHAPTER1 STREETS, SIDEWALKS AND OTHER PUBLIC PLACES SECTION: 10-1-1: Curb And Driveway Construction Permit 10-1-2: Sidewalk Installation And Repair 10-1-3: Snow And Ice Removal 10-1-4: Obstructing Public Ways 10-1-5: Expectoration 10-1-6: Hauling Of Dirt, Other Materials Through Streets 10-1-7: Unlawful Deposits 10-1-8: Removal Of Barricades Or Warning Devices 10-1-9: Driving On Sidewalk 10-1-10: Playing In Streets 10-1-11: Unused And Inoperable Vehicles 10-1-1: CURB AND DRIVEWAY CONSTRUCTION PERMIT: A. Required For Construction Or Alteration: No person shall begin to construct, reconstruct, repair, alter or change any curb, curb cut or driveway on the public streets or alleys of the city without first obtaining a permit therefor from the city manager, as provided by this section. (2007 Code § 41-31) B. Application For Permit: An applicant for a permit under this section shall file with the city manager an application showing the name and address of the owner of the property abutting the. proposed work area, the name and address of the party doing the work and such other information as the city manager shall find reasonably necessary to the determination ofwhether a permit should be issued. (2007 Code § 41-32) C. Agreement Of Abutting Owner To Make Improvements Prerequisite To Issuance: The owner of the abutting property shall agree, as a condition to the granting of the permit required by this section, for such owner and such owner's successors in title to the abutting property, to make, at the expense of the abutting property, all necessary changes in the improvements as may subsequently be found reasonably necessary for the preservation of the public health, welfare or safety. (2007 Code § 41-33) September 2022 City of Dubuque 10-1-1 10-1-2 D. Council Approval Required For Issuance In Certain Areas: 1. Northwest Arterial: Access to the northwest arterial may be granted only by the department of transportation with the concurrence of the city manager. The city manager shall not concur in the granting of a permit under this section for any driveway access onto the northwest arterial without prior approval of the city council. 2. Spacing Between Access Locations: The minimum allowable spacing between access locations shall be one thousand feet (1,000'). No access shall be allowed on any intersecting side street under city jurisdiction within one hundred fifty feet (150') of the edge of the northwest arterial, or within one hundred fifty feet (150') of the edge of any planned additional through lanes. (2007 Code § 41-34) E. Issuance: The city manager shall issue a permit required by this section for the work applied for if the city manager finds: 1. That the work will be done in accordance with the standard specifications for curbs, curb cuts and driveways prepared by the city engineer; 2. That the proposed work will not unreasonably interfere with vehicular and pedestrian traffic, the demand and necessity for parking spaces and means of egress and ingress to and from the property affected and adjacent property; and 3. That the health, welfare and safety of the public will not be unreasonably impaired. (2007 Code § 41-35) 10-1-2: SIDEWALK INSTALLATION AND REPAIR: A. Installation: 1. The owner of any lot or parcel in the city, that abuts upon any improved public street that has concrete or stone curb shall, at the owner's cost, install to standard city specifications a sidewalk along the full length of the portion of the lot or parcel abutting the public street when said lot or parcel is developed or redeveloped or at the direction of city council. For purposes of this s u b s e c t i o n " d e v e I o P- September 2022 City of Dubuque 10-1-7 B. Bottles, Glass, Nails, Cans: No person shall throw or deposit upon any street any bottle, glass, nails, tacks, wire, cans, or any other substance likely to injure any person, animal, or vehicle upon such street, alley or other public place. C. Destructive Or Injurious Materials: Any person who drops or permits to be dropped or thrown, upon any street, alley or other public place any destructive or injurious material shall immediately remove the same or cause it to be removed. (2007 Code § 41-5) 10-1-8: REMOVAL OF BARRICADES OR WARNING DEVICES: No person shall, within the corporate limits of the city, tear down, remove or carry away, any fence, railing or other barricade or warning device placed about any excavation or pile of dirt, rock, or other material, or remove or carry away or extinguish any light which has been set as a warning at any excavation or pile of material. (2007 Code § 41-7) 10-1-9: DRIVING ON SIDEWALK: No person shall drive a vehicle within or upon any sidewalk area except at a permanent or temporary driveway. (2007 Code § 41-9) 10-1-10: PLAYING IN STREETS: A. Baseball Or Other Recreational Sports: No person shall, within the corporate limits of the city, play baseball, football, or any other recreational sport or game on any street, alley or other public place. (2007 Code § 41-6) B. Sleigh Riding Or Skiing: No person shall use any public streets of the city for sleighing, sleigh riding, coasting, tobogganing, bobsledding or skiing. (2007 Code § 41-11) 10-1-11: UNUSED AND INOPERABLE VEHICLES: A. Purpose: The purpose of this article is to: 1. Promote and protect the health, safety, and general welfare of the residents and property owners in the City of Dubuque. 2. Protect property values and the health, safety, and general welfare of the residents of the City of Dubuque by limiting the use of the public right-of-way September 2022 City of Dubuque 10-1-11 for the storage of unused vehicles, inoperable vehicles, unused motor vehicles, and inoperable motor vehicles. 3. Protect the City of Dubuque's natural resources. 4. Promote the fair and equitable use of the public rights -of -way within the City of Dubuque. B. Definitions. The following terms when used in this article shall have the following meanings: 1. "Unused vehicle," "unused motor vehicle," "inoperable vehicle" and "inoperable motor vehicle" is any vehicle to which any one or more of the following criteria applies: a. Unlicensed. Any vehicle which is required to be registered under the laws of the State of Iowa that is not registered for the current year. b. Inoperable. Any vehicle not in a safe and current operating condition such that, upon request of a City of Dubuque police officer or nuisance enforcement officer, the vehicle cannot be started and moved a distance of at least fifty (50) feet. c. Uninsured. Any vehicle which lacks financial liability coverage, or for which the owner does not possess and produce proof of financial liability coverage, as required under Iowa Code § 321.20B. d. Missing Glass. Any vehicle in which any portion of the vehicle's windshield, window(s), head light(s), or tail light(s) is missing, regardless of whether any such vehicle component is or was composed of glass or one or more other materials. e. Wheels and Tires. Any vehicle that lacks functional and usable wheels or tires. f. Broken or Loose Parts. Any vehicle with broken or loose parts that constitute a danger because of exposed, sharp, orjagged edges, or that make any interior portion of the vehicle, including the trunk or engine compartment, accessible to children or animals. g. Habitat for Nuisance Animals. Any vehicle that has become a habitat for rats, mice, or other vermin or insects. h. Defective or Obsolete Condition. Any other vehicle that, because of its defective or obsolete condition, in any other way constitutes a threat to the public health or safety. September 2022 City of Dubuque 2. Mere licensing of a vehicle described in section (13)(1), above, does not constitute a defense to the finding that the vehicle is in violation of this article, provided that one or more other characteristics exist which define an unused vehicle in this article. 3. "Motor vehicle" means every vehicle which is or is intended to be self-propelled. 4. "Person" means any individual, association, organization, corporation, partnership, firm (either incorporated or unincorporated), or business entity of any type. 5. "Vehicle" means every device in, upon, or by which any person or property is or may be transported or drawn upon a street or highway, excepting devices moved by human power or used exclusively upon rails or tracks, and including without limitation a motorvehicle, automobile, truck, motorcycle, tractor, buggy, wagon, farm machinery, or any combination thereof. C. Keeping Or Storing Of Unused Or Inoperable Vehicles: No person shall accumulate, store, or place, or permit the accumulation, storage, or placement, of any unused vehicle in any public right-of-way within the City of Dubuque. D. Vehicles That Cannot Move Under Their Own Power: 1. No person shall detach any, camper, motorized or vehicle -drawn recreational vehicle, vehicle in tow, trailer of any type, or other vehicle that cannot move under its own power from a towing vehicle and leave it standing in any public right-of-way. 2. No person shall unload a pickup camper from a pickup truck and leave it standing in any public right-of-way. 3. No person shall leave a watercraft, whether standing on a trailer or standing by itself, on any public right-of-way, unless physically attached to an operable motor vehicle. 4. Subsections 1, 2, and 3 shall not apply to the following: a. A construction site as permitted by the City Manager; b. The site of a special event as permitted by the City Manager; or c. During loading or unloading of a camper, motorized or vehicle -driven recreational vehicle, vehicle in tow, trailer of any type, or other vehicle that cannot move under its owner power, including pickup campers and watercraft, for a period not exceeding four continuous hours. September 2022 City of Dubuque 10-1-11 10-1-11 E. Penalties/Enforcement: 1. Any person who violates this article shall be subject to the penalties and other relief provided in section 1-4-2 of this code. 2. Upon discovery of any unused vehicle in violation of this article, the City Manager may initiate abatement proceedings as outlined in this article. 3. In addition to any civil penalty and court costs which may be imposed, any person who violates this article shall also be liable to the City of Dubuque for the costs associated with abatement of the unused vehicle, including actual costs, damages, expenses, staff time, and attorney fees incurred by the City of Dubuque. F. Abatement Procedure: 1. Upon judgment in favor of the City of Dubuque regarding any municipal infraction issued pursuant to this article, the City Manager may cause any vehicle which is subject to the judgment to be removed from the public right-of-way and stored at a location designated by the City Manager. 2. Notice of removal shall be provided in accordance with section 9-15-321.770 of this code. Removal and storage of any such vehicle shall be in accordance with sections 9-15-321.770, 9-15-321.771, and 9-15-321.772 of this code. 3. If, within six months from the date of the removal of a vehicle under this section, the same vehicle is discovered in an inoperable or unused condition in any public right-of-way, the City Manager may utilize the abatement procedures in this section without first obtaining another judgment on another municipal infraction. All notices required by this section must nonetheless be provided, and all other procedures described herein must nonetheless be followed. (Ord. 29-22, 9-6-2022) September 2022 City of Dubuque CITY CODE 7i 111� 31Lfill OWA Code current through: Ord. 32-22, passed 9-19-2022 Published by: STERLING CODIFIERS an AMERICAN LEGAL PUBLISHING COMPANY 525 Vine Street 4 Suite 310 O Cincinnati, Ohio 45202 1-800-445-5588 0- www.amleeal.com 14-1 J-1 14-1 J-1 CHAPTER 1 BUILDING CODES ARTICLE J. PROPERTY MAINTENANCE CODE SECTION: 14-1J-1: International Property Maintenance Code Adopted 14-1J-2: International Property Maintenance Code Amendments 14-1 J-3: Rental Licenses 14-1J-4: Priority Category 14-1J-5: Procedure For Hearing Appeal Of Priority Category Status 14-1J-6: Inspection Of Properties Owned By Priority Category 14-1 J-7: Housing Appeals And Mediation Board 14-1 J-1: INTERNATIONAL PROPERTY MAINTENANCE CODE ADOPTED: That a certain document, copies of which are on file in the Offices of the Building Services Department and Housing and Community Development Department, being marked and designated as the International Property Maintenance Code, 2018 edition, as published by the International Code Council, be and is hereby adopted as the Property Maintenance Code of the City of Dubuque, in the State of Iowa for regulating and governing the conditions and maintenance of all property, buildings and structures; by providing the standards for supplied utilities and facilities and other physical things and conditions essential to ensure that structures are safe, sanitary and fit for occupation and use; and the condemnation of buildings and structures unfit for human occupancy and use, and the demolition of such existing structures as herein provided; providing for the issuance of permits and collection of fees therefor; and each and all of the regulations, provisions, penalties, conditions and terms of said Property Maintenance Code on file in the Offices of the Building Services and Housing and Community Development Departments are hereby referred to, adopted, and made a part hereof, as if fully set out in this legislation, with the additions, insertions, deletions and changes, if any, prescribed in section 14-1J-2 of this article. (Ord. 45-19, 9-3-2019) December 2020 City of Dubuque 14-1 J-2 14-1 J-2 14-1 J-2: INTERNATIONAL PROPERTY MAINTENANCE CODE AMENDMENTS: The following additions, deletions, modifications, or amendments of the International Property Maintenance Code, 2018 edition, adopted in section 14-1J-1 of this article to read as follows: Section 101.1. Insert: City of Dubuque. Section 103.5. Fees. Amended to read: 103.5. Fees. The fees for activities and services performed by the housing and community development departmentwill be established by the city council. Any unpaid penalty, fine, fee or interest shall constitute a lien on the real property and may be collected in the same manner as a property tax. The City shall send a notice of intent to file a lien to the owner of the housing by first class mail to such owner's personal or business mailing address. Section 104.2. Inspections. Amended to read: 104.2. Inspections. A. The code official shall make all of the required inspections, or shall accept reports of inspection by approved agencies or individuals. Reports of such inspections shall be in writing and be certified by a responsible officer of such approved agency or by the responsible individual. The code official is authorized to engage such expert opinion as deemed necessary to report upon unusual technical issues that arise, subject to the approval of the appointing authority. B. Required Inspections: 1. When requested and approved by the property owner, manager, licensed real estate professional, or occupant; or 2. When the city manager has reason to believe there is a violation of the property maintenance code; or 3. When, upon inspection, a violation of the property maintenance code is found, and notice and order to correct is given, the premises is subject to re - inspection to determine if the required corrections have been made; or 4. When the premises is located in any area designated by the city for comprehensive block enforcement of the property maintenance code; or September 2022 City of Dubuque 14-1 J-2 14-1J-2 5. Presale And/Or Mortgage Inspection: Whenever a person requests presale, pre -loan or other housing inspection; or 6. Licensed Rental Units: a. All rental units are subject to regular inspection and follow up re -inspection as necessary. b. Not less than seven (7) calendar days prior to a scheduled inspection, the city will by regular mail to the license holder and any known tenants notice of the date and time of a scheduled inspection. If the license holder or an authorized representative of the license holder is not present at the time of the scheduled inspection and the inspector is unable to obtain entry to the rental unit, a second inspection will be scheduled. (1) The license holder may cancel a scheduled inspection once without payment of a rescheduling fee, provided the city manager or the city manager's designee is notified of the cancellation not less than two (2) business days prior to the scheduled inspection. Section 106.2. Notice Of Violation. Amended to read: 106.2. Notice Of Violation. A notice of violation is not required in every situation and city staff may issue a municipal infraction without previously issuing a notice of violation. The code official may serve a notice of violation or order in accordance with section 107. Section 106.5. Abatement of Violation. Amended to read: 106.5. Abatement of Violation, Escrow Established. A. Abatement of Violation. The imposition of the penalties herein described shall not preclude legal action by the City to restrain, correct or abate a violation, or to prevent illegal occupancy of a building, structure or premises, orto stop an illegal act, conduct, business or utilization of the building, structure or premises. B. Escrow System Established. 1. Pursuant to the authority granted in Iowa Code 364.17, the City hereby creates an escrow system for the deposit of rent which will be applied to the costs of correcting violations of the codes applicable to residential rental housing in the City of Dubuque. 2. No rent shall be recoverable by the owner or lessor of any dwelling which does not comply with the codes applicable to residential rental housing in the October 2021 City of Dubuque 14-1 J-2 14-1 J-2 City of Dubuque until such time as the dwelling does comply with the applicable codes. 3. If other methods have failed, the code official may contract to have work done as necessary to remedy violations of the applicable codes at a residential rental property, the cost of which shall be assessed to the owner or lessor and constitute a lien on the property; or be paid using the funds deposited into the escrow system for the cost of correcting violations. 4. Escrow Order and Payment Requirement: a. An escrow order will be sent by U.S. Mail and certified mail to the owner or lessor, the first lienholder, and the tenant and will be posted at the address. b. Upon receipt of an escrow order, tenants shall pay their rent to the city which will hold the funds in escrow towards repairs. When rent is placed in escrow the owner or lessor may not recover rent from the tenant. c. The effective date of the escrow order is fourteen (14) days from the date of the order. d. A first lienholder may submit proof of an "Assignment of Rents" to the City. The City will adjust the escrow order to limit escrow collection of rents to the amount above the amount of the monthly mortgage payment due to the first lienholder. e. The owner, lessor, or first lienholder may appeal an escrow order to the Housing Appeals and Mediation Board. f. If, at hearing the Housing Appeals and Mediation Board adjusts or overturns the escrow order the funds shall be released to the owner or lessor and shall be payable within fourteen (14) days. 5. An escrow order shall be stayed pending an appeal by an owner or lessor. 6. The City shall develop a policy outlining the parameters and procedures for initiation of an escrow order which shall be on file with the Inspection and Construction Service Division and available to the public for review. Section 107.1. Notice To Person Responsible. Amended to read: 107.1. Notice To Person Responsible. Whenever the code official determines that there has been a violation of this code or has grounds to believe that a violation has occurred, notice may be given in the manner prescribed in sections 107.2 and 107.3 to the person responsible for the violation as September 2022 City of Dubuque 14-1 J-2 14-1J-2 specified in this code. Notices for condemnation procedures shall also comply with section 108.3. Section 111.1. Application For Appeal. Amended to read as follows: 111.1. Application For Appeal. A. Any person directly affected by a decision of the code official or a notice or order issued under this code shall have the right to appeal to the applicable board of appeals, provided a written application for appeal is filed within 20 days after the day the decision, notice or order was served. An application for appeal shall be based on a claim that the true intent of this code or the rules legally adopted thereunder have been incorrectly interpreted, the provisions of this code do not fully apply, or the requirements of this code are adequately satisfied by other means. B. There will be two boards for hearing appeals on matters covered by the property maintenance code. 1. The building code advisory and appeal board will hear appeals related to matters underthe purview of the building services department including, but not limited to residential, multi -residential, commercial, and industrial property. The building code advisory and appeal board will use the provisions of 14-1A-6 of the city of Dubuque code of ordinances for the handling of appeals. 2. The housing board of appeals will hear appeals related to matters under the purview of the housing & community development department, including but not limited to residential property and rental housing. The housing board of appeals will use the provisions of 14-1J-7 of the city of Dubuque code of ordinances for the handling of appeals. Sections 111.2 through 111.8 replaced with city of Dubuque code of ordinances section 14-1J-7 when under the purview of the Housing Department and section 14-1A-6 of the city of Dubuque code of ordinances when under the purview of the Building Services Department. Section 202. Definitions. Amended to add definitions for building official, elevated blood level and lead based paint and modify the definition of code official and habitable space: Building Official. See "Code Official'. Code Official. The officer, officers, or other designated authorities charged with the administration and enforcement of this code, or a duly authorized September 2022 City of Dubuque 14-1 J-2 14-1J-2 representative. Any reference to "building official" in this code refers to "code official". Elevated Blood Level. A confirmed concentration of lead in whole blood of 20 .g/dl (micrograms of lead per deciliter of whole blood) or greater for a single test; or of 15-19 .g/dI in two (2) consecutive tests three (3) to four (4) months apart. Habitable Space. Space in a structurefor living, sleeping, oreating. Bathrooms, toilet rooms, closets, halls, storage or utility spaces, and similar areas are not considered habitable spaces. Lead Based Paint. A paint surface, whether or not defective, identified as having a lead content greater than or equal to one mg/cm' (milligrams per centimeter squared) as identified by X-ray fluorescence analyzer; orfive tenths percent (0.5%) by weight; or five thousand (5,000) parts per million (ppm). Section 302.3. Sidewalks And Driveways. Amended to read: 302.3. Sidewalks And Driveways. Sidewalks, walkways, stairs, driveways, parking spaces and similar areas shall be maintained in accordance with title 10, chapter 1 of the city of Dubuque code of ordinances and the city of Dubuque's standards for defective sidewalks. Section 302.4. Weeds. Amended to read: 302.4. Weeds. Premises and exterior property shall be maintained in accordance with section 6-8-2 of the city of Dubuque code of ordinances. 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 complying with section 6-8-2 of the city of Dubuque code of ordinances. Upon request of the city a landlord must provide a copy of the written lease agreement to the code official, to determine responsibility. Responsibility for a violation will default to the property owner if requested documentation is not provided within 5 days of the date of the notice of violation which will be sent by certified mail. Section 302.8. Motor Vehicles. Amended to read: 302.8. Motor Vehicles. See sections 16-7-1-3 and 16-14-5 of the city of Dubuque code of ordinances. Section 303.2. Enclosures. Amended to read: 303.2 Enclosures. Private swimming pools, hot tubs and spas, capable of containing water more than 24 inches (610 mm) in depth shall be completely September 2022 City of Dubuque 14-1 J-2 14-1 J-2 surrounded by a fence or barrier not less than 48 inches (1219 mm) in height above the finished ground level measured on the side of the barrier away from the pool. Gates and doors in such barriers shall be self -closing and self - latching. Where the self -latching device is less than 54 inches (1372 mm) above the bottom of the gate, the release mechanism shall be located on the pool side of the gate. Self -closing and self -latching gates shall be maintained such that the gate will positively close and latch when released from an open position of 6 inches (152 mm) from the gatepost. An existing pool enclosure shall not be removed, replaced or changed in a manner that reduces its effectiveness as a safety barrier. Section 304.2. Protective Treatment. Amended to read: 304.2. Protective Treatment. Exterior surfaces, including but not limited to, doors, door and window frames, cornices, porches, trim, balconies, decks and fences, shall be maintained in good condition. Exterior wood surfaces, other than decay -resistant woods, shall be protected from the elements and decay by painting or other protective covering or treatment. Peeling, flaking and chipped paint shall be eliminated and surfaces repainted. Siding and masonry joints, as well as those between the building envelope and the perimeter of windows, doors and skylights, shall be maintained weather resistant and water tight. Metal surfaces subject to rust or corrosion shall be coated to inhibit such rust and corrosion. Oxidation stains and rust shall be removed from exterior surfaces when oxidation stains or rust compromises the function of the building component to perform as designed. Surfaces designed for stabilization by oxidation are exempt from this requirement. Section 304.3. Address Identification. Amended to add: Exception: The fire official may approve nonconforming address identification. Section 304.14. Insect Screens. Insert: May 1 to November 1. Section 304.18.1. Doors. Amended to read: 304.18.1. Doors. Doors providing access to a dwelling unit, rooming unit or housekeeping unit that is rented, leased or let shall be equipped with a lock designed to be readily openable from the side from which egress is to be made without the need for keys, special knowledge or effort. Such locks shall be installed according to the manufacturer's specifications and maintained in good working order. Section 305.3. Interior Surfaces. Amended to read: 305.3. Interior Surfaces. City of Dubuque September 2022 14-1 J-2 14-1 J-2 A. Interior surfaces, including windows and doors, shall be maintained in good, clean and sanitary condition. Peeling, chipping, loose, flaking or abraded paint shall be repaired, removed orcovered. Cracked orloose plaster, decayedwood and other defective surface conditions shall be corrected. B. All residential properties receiving federal assistance must be in compliance with the lead safe housing rule at 24 CFR 35 and the lead based paint poisoning prevention act at 42 USC 4822. The owner of federally assisted units must provide certification that the dwelling is in accordance with said regulations. If the federally assisted unit was constructed prior to 1978, upon occupancy_ a notice must be provided which outlines the lead based paint regulations, the hazards of lead based paint poisoning, the symptoms and treatment of lead poisoning, and the precautions to be taken against lead poisoning. C. All residential property must comply with the residential lead -based paint hazard reduction act of 1992, requiring the disclosure of known information on lead -based paint and lead -based paint hazards before the sale or lease of certain housing built before 1978. October 2021 City of Dubuque 14-1 J-2 14-1 J-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. Everybedroom 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 separate and remote permanently installed every habitable space in a dwelling containing two receptacle outlets, one receptacle and a separate 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 14-1J-2 14-1 J-3 opening height dimension shall not be less than 24 inches. The minimum net clear opening width shall not be less than 20 inches. The net clear opening dimensions shall be the result of normal operation of the opening. Exception: Window replacements permitted between April 11, 2016 and the effective date of this ordinance that serve as the required emergency escape and rescue opening will be allowed to remain as long as they meet the following requirements: a. Window was permitted as required by the City of Dubuque b. Window was approved as code compliant as documented by the City of Dubuque. 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. 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. Appendix A: Deleted. (Ord. 30-16, 6-20-2016, eff. 7-1-2016; amd. Ord. 34-17, 7-5-2017; Ord. 45-19, 9-3-2019; Ord. 35-20, 9-21-2020; Ord. 17-21, 5-3-2021; Ord. 36-21, 10-18-2021; Ord. 19-22, 5-2-2022) 14-1J-3: RENTAL LICENSES: A. Rental License Required: No property owner, manager, or licensed real estate professional may letto anotherfor rent and/or occupancy any dwelling, dwelling unit, housekeeping unit, rooming house, rooming unit, or sleeping unit, as defined by the Property Maintenance Code and hereinafter cumulatively referred to as "rental unit" in the City unless such person holds a current rental September 2022 City of Dubuque 14-1 J-3 14-1 J-3 license issued by the City Manager in the name of the property owner, manager, or licensed real estate professional for the specific rental unit. (Ord. 21-18, 7-2-2018) B. Application Requirements: Completion of a rental license application must be made by the property owner, manager, or licensed real estate professional and must include, but not be limited to, the following information: 1. Address of the rental unit(s), including correct unit identifications. 2. Number and type of rental units in the structure. 3. Number of units, in the structure, for which housing choice vouchers are accepted. 4. Owner's name and contact information, including: a. Mailing address. b. Telephone number during normal business hours. c. Telephone number in the event of an emergency. d. E-mail address, if available. 5. If the property owner has retained a property manager the property owner must provide the following information: a. Property manager's name. b. Property manager's mailing address. c. Property manager's telephone number during normal business hours. d. Property manager's telephone number in the event of an emergency. e. Property manager's e-mail address, if applicable. f. A statement that the property manager or real estate professional has the same authority and responsibility as the property owner for maintaining the rental unit(s). September 2022 City of Dubuque 14-2-3 14-2-4 vided, that a fee is paid for each renewal in the same amount as the original demolition permit fee. 4. Every permit forthe use of streets or public property shall expire on the last day forwhich the permit was issued, as described on said permit, and shall be renewed upon the payment of an additional fee to the Building Department, as established by the City Manager. Failure to renew the permit for the use of streets or public property shall be considered as due cause for the City Manager to order all barricades or fences removed and the public property returned to public availability and use. D. Suspension Or Revocation: The City Manager may, in writing, suspend or revoke a permit issued under the provisions of this chapter whenever the permit is issued in error, on the basis of incorrect information supplied, failure to comply with permit conditions, or in violation of any ordinance. (Ord. 21-10, 3-15-2010) E. Conditions Of Permit: The permit shall outline the conditions under which the permit was issued and may include, but is not limited to: 1. Storage requirements; permit issuance through day one hundred seventy nine (179): Storage of construction materials must comply with all City ordinances. 2. Storage requirements; day one hundred eighty (180) and beyond: The permit will contain requirements for the storage of construction materials and maintenance of the site. The conditions will continue upon a renewal/extension of a building permit until such time as the project is complete. The City Manager may require additional storage and maintenance requirements upon the issuance of a renewal and/or extension of a building permit. (Ord. 61-12, 11-19-2012) 14-2-4: MORATORIUM FOR CONSTRUCTION OR OTHER WORK ON CERTAIN STREETS, AREAS OR FACILITIES: A. East-West Corridor Study Area: The City Manager may not issue any permit for any new construction or substantial enlargement, alteration, repair or remodeling of any structure, building, or sign in the east -west corridor study area as shown on the map on file in the Office of the City Clerk, but not to include demolition or emergency repairs without the approval of the City Council, from the effective date hereof to August 1, 2025, except where a vested right to the issuance of such permit accrued prior to the effective date hereof. (Ord. 37-19, 9-3-2019; amd. Ord. 26-22, 7-18-2022) September 2022 City of Dubuque 14-2-5 14-2-6 14-2-5: FEES: A. Generally: A fee for each moving permit, demolition permit, or permit for the use of streets or public property shall be paid to the City Manager, as established by the City Manager. B. Starting Work Prior To Obtaining Permit: Where the moving of a building, the demolition of a building or the use of public property for which a permit is required by this chapter is started priorto obtaining said permit, the fees above specified shall be doubled, but the payment of such double fee shall not relieve any person from fully complying with the requirements of this chapter and the Building Code in the execution of the work nor from other fees or penalties. (Ord. 21-10, 3-15-2010) 14-2-6: SPECIAL PROVISIONS: A. Transfer Of Permits Prohibited: Each moving permit, demolition permit or permit for use of public property shall not be transferable from one building or building site to another building or building site norfrom one person to another. B. Moving Buildings: 1. A building being moved shall follow the route prescribed on the permit by the city manager. The mover shall coordinate the route with the utility companies. 2. A police escort shall be required for all buildings moved from one location to another within the jurisdictional limits of the city, or moved out of or into the jurisdictional limits of the city, utilizing public streets or alleys or when, in the opinion of the chief of police, such escort is necessary to protect the general welfare. 3. The chief of police shall determine the required number of personnel and vehicles for escort service. 4. The fee established by the city manager shall be paid prior to issuance of a permit to move a building or structure. 5. The permit applicant shall pay all costs for the trimming of trees and replacement of natural obstructions or official signs and signals or other public or private property required to be removed during the movement of a vehicle and load. September 2022 City of Dubuque 14-2-6 14-2-6 C. Restriction On Moving Permit: 1. No building or structure shall be relocated or moved if the building or structure is so constructed or in such condition as to be dangerous or unsafe or if it is infested with pests, is unfit for human habitation or if it is so deteriorated, dilapidated or defective that relocation would or could create a safety or health hazard, or cause a blighted condition in the new neighborhood. 2. All buildings or structures when relocated from outside of the city into the city shall comply with all ordinances and regulations applicable to new buildings or structures, including, but not limited to, building, electrical, mechanical, plumbing, fire, health and zoning regulations. 3. All residential buildings or structures relocated within the city shall comply with the uniform code for building conservation and chapter 1 of this title. 4. All nonresidential buildings or structures relocated within the city shall comply with all ordinances and regulations applicable to new buildings or structures, including, but not limited to, building, electrical, mechanical, plumbing, fire, health and zoning regulations. 5. All moved buildings or structures shall be completely enclosed within thirty (30) days after said building or structure is placed on its new site. All required changes, improvements and modifications shall be completed and the building or structure made ready for occupancy or use within one hundred twenty (120) days from the time the building permit is issued. D. Demolition Of Buildings: 1. All pieces, parts, scraps, debris, rubbish and organic material from a building, structure, or portion of a building in the process of being demolished shall be cleaned up and removed from the premises at least once weekly except for streets and public property, which shall be cleaned daily unless otherwise specified on the permit. Final cleanup after the building or structure is demolished shall include the thorough removal of all wood, debris and organic materials, filling of excavations, cisterns and other depressions with acceptable rubble or earthen fill, and spreading a tillable layer of topsoil over the entire lot to a uniform natural grade consistent with the established adjacent grades. 2. When directed by the city manager, water shall be used to minimize dust when demolishing structures or under any dust producing conditions. As ordered by the city manager, buildings shall be washed down frequently to keep dust at a minimum. September 2022 City of Dubuque 14-2-6 14-2-7 3. When an interior wall is exposed because of demolition of an adjoining structure, said wall shall be provided with a weather resistive barrier as required in the Dubuque building code. No such wall shall be exposed to the weather without the written approval of the city manager. 4. When a demolition project has been abandoned or is found to be unsafe, the city manager may order the unsafe conditions corrected, the building boarded up and the premises barricaded. Upon failure of the owner or the owner's agent to comply with the order of the city manager within seven (7) days, the city manager, after notice and opportunity for hearing, may cause said building or structure to be demolished, the premises cleaned and suitable drainage grades established. The cost of such demolition, cleaning and grading shall be assessed to the property as provided by law. This section shall also apply to any site from which a building or structure has been moved. E. Disconnecting Utility Services: The power in all electric service lines shall be shut off and all such lines cut or disconnected at or outside the moving or demolition area before work is started on the site. Prior to the disconnection of such lines, the permittee or property owner shall notify the utility company and the city manager and shall obtain their approval in compliance with applicable codes and requirements. Exception: If it is necessary to maintain electrical service during the process of moving or demolition, such service shall be temporarily relocated or protected with substantial covering to the satisfaction of the electric service company and the city manager, and said relocation shall be in conformance with applicable codes and requirements. All gas, water, sewer and other service lines shall be shut off and capped or otherwise controlled at or outside of the moving or demolition area or curb line before moving or demolition work is commenced. In each case, the service company and the city manager shall be notified in advance and their approval obtained by the permittee or property owner in compliance with applicable codes and requirements. Exception: If it is necessary to maintain any water or other lines during the moving or demolition process, such lines shall be temporarily relocated or protected with substantial covering to the satisfaction of the utility companies, city manager and in conformance with applicable codes and requirements. (Ord. 31-16, 6-20-2016, eff. 7-1-2016) 14-2-7: INSURANCE REQUIREMENTS: A. Insurance Required: 1. Before a permit may be issued for the moving of a building, the applicant therefor shall have filed a certificate of comprehensive public liability insurance September 2022 City of Dubuque 14-2-7 14-2-8 with coverage limits of not less than one million dollars ($1,000,000.00) per occurrence and two million dollars ($2,000,000.00) general aggregate. 2. In all other cases where a permit is required by this chapter, a certificate of comprehensive public liability insurance shall be provided with coverage limits of not less than one million dollars ($1,000,000.00). 3. The permittee shall not commence work under this chapter until the permittee has obtained all insurance required under this subsection. Certificates of insurance shall be filed with the city manager for approval. 4. The permittee shall require subpermittees, if any, not protected under the permittee's insurance policies to take out and maintain insurance of the same nature and in the same amounts as required of the permittee for comprehensive liability insurance. The permittee shall not allow any subpermittee to commence work until all similar insurance required for the subpermittee has been so obtained and approved. (Ord. 21-10, 3-15-2010) 14-2-8: SPECIAL REQUIREMENTS: A. Compliance With Regulations Applicable To Moving Buildings: Every person, firm or corporation obtaining a moving or demolition permit or a permit for the use of streets or public property shall comply with and faithfully observe and obey all applicable regulations and ordinances of the city, now existing or hereafter enacted and all other applicable laws now existing or hereafter enacted affecting or relating to the moving of houses, buildings, or other structures upon or across public property. B. Payment Of Damages Or Loss To City: Every person, firm or corporation obtaining a moving or demolition permit or a permit for the use of streets or public property shall pay all damages or loss to the city, that may occur from any act or negligence of said person, firm or corporation, such persons, firm's or corporation's agents or employees, anyone under such person's, firm's or corporation's moving of houses, buildings or other structures upon or across property. C. Protection Of Work, Space, Materials Or Equipment: Every person, firm or corporation obtaining a moving or demolition permit or a permit for the use of streets or public property shall fully protect any and all work, space, materials or equipment relating to the moving of buildings or structures upon or across public property undertaken by principal or under such person's, firm's or corporation's direction or supervision, or any subpermittee, as a result of such person's, firm's or corporation's direction or supervision or by any agent or employee, or by any subpermittee and shall pay any penalties that may be imposed during the period of any permit now issued or to be issued during the period of said bond. The certificate of insurance for moving buildings shall be for a term of one year. (Ord. 21-10, 3-15-2010) September 2022 City of Dubuque 16-5-3 16-5-3-2 16-5-3: R-2 TWO-FAMILY RESIDENTIAL: The R-2 district is intended to provide residential areas characterized by single- family and two-family dwellings. Increased densities and the introduction 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. (Ord. 52-09, 10-19-2009) 16-5-3-1: PRINCIPAL PERMITTED USES: The following uses are permitted in the R-2 district: Cemetery, mausoleum, or columbarium. Community gardens. Golf course. Parks, public or private, and similar natural recreation areas. Place of religious exercise or assembly. Public, private, or parochial school, approved by the state of Iowa (K - 12). Railroad or public or quasi -public utility, including substation. Single-family detached dwelling. Townhouse (maximum 2 dwelling units). Two-family dwelling (duplex). (Ord. 52-09, 10-19-2009; amd. Ord. 17-13, 3-18-2013; Ord. 19-20, 5-18-2020) 16-5-3-2: CONDITIONAL USES: The following conditional uses may be permitted in the R-2 district, subject to the provisions of section 16-8-5 of this title: Accessory dwelling unit. Bed and breakfast home. City of Dubuque September 2022 16-5-3-2 16-5-3-3 Hospice. Licensed adult day services. Licensed childcare center. Mortuary, funeral home, or crematorium. Off street parking. Tour home. Tourist home. Wind energy conversion system. (Ord. 52-09, 10-19-2009; amd. Ord. 66-14, 11-17-2014; Ord. 20-22, 5-20-2022) 16-5-3-3: ACCESSORY USES: The following uses are permitted as accessory uses as provided in section 16-3-7 of this title: Detached garage. Fence. Garage sale, provided that not more than three (3) such sales shall be allowed per premises per calendar year and not more than three (3) consecutive days per sale. Home based business. Keeping of hens for egg production. Noncommercial garden, greenhouse or nursery. Off street parking and storage of vehicles. Satellite receiving dish. Solar collector (freestanding arrays are limited to not more than 100 aggregate square feet and 10 feet in height). Sport, recreation, or outdoor cooking equipment. September 2022 City of Dubuque 16-5-3-3 16-5-3-6 Storage building. Tennis court, swimming pool or similar permanent facility. Wind turbine (building mounted). (Ord. 52-09, 10-19-2009; amd. Ord. 47-14, 7-21-2014; Ord. 54-15, 8-17-2015) 16-5-3-4: TEMPORARY USES: Temporary uses shall be regulated in conformance with the provisions of section 16-3-19 of this title. (Ord. 52-09, 10-19-2009) 16-5-3-5: PARKING: Minimum parking requirements shall be regulated in conformance with the provisions of chapter 14 of this title. (Ord. 52-09, 10-19-2009) 16-5-3-6: SIGNS: Signs shall be regulated in conformance with the provisions of chapter 15 of this title. (Ord. 52-09, 10-19-2009) September 2022 City of Dubuque Cl) L6 Lo E Ern E � ca_ O O M O O N 0 C N N N N N N E E-mo o x x 'C U) N O (O O co Y U m a m E X m tO0 LOO lO0 � C O LL E E C o N o N O N o N 0 N 0 N E o a o o e o e N J 0 0 U J E m m CE J CO 00 N u) O O N U- N O � � E m O ox oo� oo� oo� oo� oo� ¢ oQ C Q .0 N m s m 3 o m E C N U E C C N N O m ] N N w y N O L O v 3 Y O U T U iN N N N _T E N 3 .n O O L E d O L w m C U N y m ?� O OEi m 'O N = IL m in F° v m o 0 U N N O N N E m a (D U) ff O L� U 16-5-4 16-5-4-1 16-5-4: R-2A ALTERNATE TWO-FAMILY RESIDENTIAL: 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 intended to be located in those areas displaying one or more of the above characteristics. The purpose of this district is to stabilize and preserve the residential characterof existing areas through the establishment of bulk regulations in conformity with existing conditions. (Ord. 52-09, 10-19-2009) 16-5-4-1: PRINCIPAL PERMITTED USES: The following uses are permitted in the R-2A district: Cemetery, mausoleum, or columbarium. Community gardens. Golf course. Parks, public or private, and similar natural recreation areas. Place of religious exercise or assembly. Public, private, or parochial school approved by state of Iowa (K - 12). Railroad or public or quasi -public utility, including substation. Single-family detached dwelling. Townhouse (maximum 2 dwelling units). Two-family dwelling (duplex). (Ord. 52-09. 10-19-2009; amd. Ord. 17-13, 3-18-2013; Ord. 19-20, 5-18-2020) September 2022 City of Dubuque 16-5-4-2 16-5-4-2: CONDITIONAL USES: 16-5-4-3 The following conditional uses may be permitted in the R-2A district, subject to the provisions of section 16-8-5 of this title: Accessory dwelling unit. Bed and breakfast home. Hospice. Licensed adult day services. Licensed childcare center. Off premises residential garage. Off street parking. Tour home. Tourist home. Wind energy conversion system. (Ord. 52-09, 10-19-2009; Ord. 20-22, 5-20-2022) 16-5-4-3: ACCESSORY USES: The following uses are permitted as accessory uses as provided in section 16-3-7 of this title: Detached garage. Fence. Garage sale, provided that not more than three (3) such sales shall be allowed per premises per calendar year and not more than three (3) consecutive days per sale. Home based business. September 2022 City of Dubuque 16-5-4-3 16-5-4-6 Keeping of hens for egg production. Noncommercial garden, greenhouse or nursery. Off street parking and storage of vehicles. Satellite receiving dish. Solar collector (freestanding arrays are limited to not more than 100 aggregate square feet and 10 feet in height). Sport, recreation, or outdoor cooking equipment. Storage building. Tennis court, swimming pool or similar permanent facility. Wind turbine (building mounted). (Ord. 52-09, 10-19-2009; amd. Ord. 47-14, 7-21-2014; Ord. 54-15, 8-17-2015) 16-5-4-4: TEMPORARY USES: Temporary uses shall be regulated in conformance with the provisions of section 16-3-19 of this title. (Ord. 52-09, 10-19-2009) 16-5-4-5: PARKING: Minimum parking requirements shall be regulated in conformance with the provisions of chapter 14 of this title. (Ord. 52-09, 10-19-2009) 16-5-4-6: SIGNS: Signs shall be regulated in conformance with the provisions of chapter 15 of this title. (Ord. 52-09, 10-19-2009) September 2022 City of Dubuque ■ §® )� \) - 2 )) k . m . ¥ E Eo ) 00 ` §�2 )} ` - - - m I § - ! m \ C ff 0 ) # \ - - 2 ] \ G 2 » Q \ |2 w E \ ° § 2* a ,E i r n { ) , 5 \ § E0 / ) C) ° E -6 w ~ §�2LL \\ \ § co \�\0 \ § D E -) \ \ 0 L ii I: t � rn 0 0 mN i O 0 N LO 1-0 S 0 U 16-5-5 16-5-5-2 16-5-5: R-3 MODERATE DENSITY MULTI -FAMILY RESIDENTIAL: The R-3 district is intended to provide locations for 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. (Ord. 52-09, 10-19-2009) 16-5-5-1: PRINCIPAL PERMITTED USES: The following uses are permitted in the R-3 district: Cemetery, mausoleum, or columbarium. Community gardens. Golf course. Multi -family dwelling (maximum 6 dwelling units). Parks, public or private, and similar natural recreation areas. Place of religious exercise or assembly. Public, private, or parochial school approved by state of Iowa (K - 12). Railroad or public or quasi -public utility, including substation. Single-family detached dwelling. Townhouse (maximum 6 dwelling units). Two-family dwelling (duplex). (Ord. 52-09, 10-19-2009; amd. Ord. 17-13, 3-18-2013; Ord. 19-20, 5-18-2020) 16-5-5-2: CONDITIONAL USES: The following conditional uses may be permitted in the R-3 district, subject to the provisions of section 16-8-5 of this title: Accessory dwelling unit. City of Dubuque September 2022 16-5-5-2 Bed and breakfast home. Group home. Hospice. Housing for the elderly or persons with disabilities. Individual zero lot line detached dwelling. Licensed adult day services. Licensed childcare center. Mortuary, funeral home, or crematorium. Nursing or convalescent home. Off premises residential garage. Off street parking. Rooming or boarding house. Tour home. Tourist home. 16-5-5-3 Wind energy conversion system. (Ord. 52-09, 10-19-2009; Ord. 20-22, 5-20-2022) 16-5-5-3: ACCESSORY USES: The following uses are permitted as accessory uses as provided in section 16-3-7 of this title: Detached garage. Fence. September 2022 City of Dubuque 16-5-5-3 16-5-5-6 Garage sale, provided that not more than three (3) such sales shall be allowed per premises per calendar year and not more than three (3) consecutive days per sale. Home based business. Keeping of hens for egg production. Noncommercial garden, greenhouse or nursery. Off street parking and storage of vehicles. Satellite receiving dish. Solar collector (freestanding arrays are limited to not more than 100 aggregate square feet and 10 feet in height). Sport, recreation, or outdoor cooking equipment. Storage building. Tennis court, swimming pool or similar permanent facility. Wind turbine (building mounted). (Ord. 52-09, 10-19-2009; amd. Ord. 47-14, 7-21-2014; Ord. 54-15, 8-17-2015) 16-5-5-4: TEMPORARY USES: Temporary uses shall be regulated in conformance with the provisions of section 16-3-19 of this title. (Ord. 52-09, 10-19-2009) 16-5-5-5: PARKING: Minimum parking requirements shall be regulated in conformance with the provisions of chapter 14 of this title. (Ord. 52-09, 10-19-2009) 16-5-5-6: SIGNS: Signs shall be regulated in conformance with the provisions of chapter 15 of this title. (Ord. 52-09, 10-19-2009) September 2022 City of Dubuque |® )� \) - , N , g , , , , m )@ e , , _ 2 , It , « \ § k ] , { , , cq , w , , , § /40< ` It ` It , , IT ) 03 |,a _ a w } , ) - - - - ~ § ~ ® - E _ a)k r / 2 ) k \ (D \ .. ca ))|f / m ) �)2 § C I $] {I 2 G \ G « « u E E rn v zt� a2 zt� 4� 4:� O O O O O N O N= M M V M M M E E m am) E E a_ o ot� C U t0 a E U) E x p c 0 LL E O E ItJ lt� x lt� lt� C O N O N O N O N O N O N O N E 0 c M m 0) E o 0 0 0 0 0 0 J W o 0 0 V 7 It V -It E E 0 �° w J C O O O O O O lL m N Q JO N N N N N N E C) 0 0 00 00 0 E o 0 o O o C N N 16 N N L6 C N N O _ E m N N U_ `O O L N O h O O > w N C N - O N N N N .N U O -O `p (0 j N N .L.. O 3 V N C O a N E ° N M w N V 3 .IL N O C j N O O Cl m O N N 2)C =a) W vE C '� n .0 O N U N O N j p 2 u Z 0 w 19 U (0 L d 3 m N U > O O. N L N O rn L N j T O L x O w U E E J E Y p N .0 w x C N C Ql� N w a m U L x � O N N 0 O L .'- C U L L rn 3 O T 0 L a O 0, O O M 0 6 N 0 C O N � U a N N U N � � N � MR m... ww .� ._.. : —----:--- -- :� 71 ------------------ d\\ .\\ ------- 0 ■ « » G 16-5-6 16-5-6-2 16-5-6: R-4 MULTI -FAMILY RESIDENTIAL: The R-4 district is intended to provide residential areas of moderate to high density developments located adjacent to a major street and serves as a buffer or transition between commercial development, nonresidential uses, or heavy automobile traffic and medium density residential development. (Ord. 52-09, 10-19-2009) 16-5-6-1: PRINCIPAL PERMITTED USES: The following uses are permitted in the R-4 district: Cemetery, mausoleum, or columbarium. Community gardens. Golf course. Multi -family dwelling (3 to 12 units per buildings). Parks, public or private, and similar natural recreation areas. Place of religious exercise or assembly. Public, private, or parochial school approved by state of Iowa (K - 12). Railroad or public or quasi -public utility, including substation. Single-family detached dwelling. Townhouse (3 to 12 units laterally attached). Two-family dwelling (duplex). (Ord. 52-09, 10-19-2009; amd. Ord. 17-13, 3-18-2013; Ord. 19-20, 5-18-2020) 16-5-6-2: CONDITIONAL USES: The following conditional uses may be permitted in the R-4 district, subject to the provisions of section 16-8-5 of this title: Accessory dwelling unit. City of Dubuque September 2022 16-5-6-2 Bed and breakfast home. Bed and breakfast inn. Group home. Hospice. Housing for the elderly or persons with disabilities. Licensed adult day services. Licensed childcare center. Mortuary, funeral home, or crematorium. Multi -family dwelling of thirteen (13) or more units. Nursing or convalescent home. Off premises residential garage. Off street parking. Rooming or boarding house. Tour home. Tourist home. 16-5-6-3 Wind conversion energy system. (Ord. 52-09, 10-19-2009; amd. Ord. 20-22, 5-20-2022) 16-5-6-3: ACCESSORY USES: The following uses are permitted as accessory uses as provided in section 16-3-7 of this title: Detached garage Fence. September 2022 City of Dubuque 16-5-6-3 16-5-6-6 Garage sale, provided that not more than three (3) such sales shall be allowed per premises per calendar year and not more than three (3) consecutive days per sale. Home based business. Keeping of hens for egg production. Noncommercial garden, greenhouse or nursery. Off street parking and storage of vehicles. Satellite receiving dish. Solar collector (freestanding arrays are limited to not more than 100 aggregate square feet and 10 feet in height). Sport, recreation, or outdoor cooking equipment. Storage building. Tennis court, swimming pool or similar permanent facility. Wind turbine (building mounted). (Ord. 52-09, 10-19-2009; amd. Ord. 47-14, 7-21-2014; Ord. 54-15, 8-17-2015) 16-5-6-4: TEMPORARY USES: Temporary uses shall be regulated in conformance with the provisions of section 16-3-19 of this title. (Ord. 52-09, 10-19-2009) 16-5-6-5: PARKING: Minimum parking requirements shall be regulated in .conformance with the provisions of chapter 14 of this title. (Ord. 52-09, 10-19-2009) 16-5-6-6: SIGNS: Signs shall be regulated in conformance with the provisions of chapter 15 of this title. (Ord. 52-09, 10-19-2009) September 2022 City of Dubuque kf \) - 04 , , g r , , , _ 2« a w / / G . . . . x ' \ $ \ % ' 0 z | , , , , , , , , § /0 m 0 Eom - § 0LL §\ _ § 2 \© } \ \ \ \ � 0 a f E \ / ` 0 ) !E )§ ) / \ / / e e ) o « \ 16-5-7 16-5-7: OR OFFICE RESIDENTIAL: 16-5-7-1 The OR district is intended to serve as a transition zone between commercial and single- and two-family residential areas permitting adaptive reuse of existing building stock, which will normally be residential in character. This 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 standards remain flexible to allow conservation and reuse of existing buildings. This district should 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. (Ord. 52-09, 10-19-2009) 16-5-7-1: PRINCIPAL PERMITTED USES: The following uses are permitted in the OR district: Art gallery, museum or library. Artist studio. Community gardens. General office. Hospice. Housing for the elderly or persons with disabilities. Licensed childcare center. Medical office. Mortuary or funeral home. Multi -family dwelling. Nursing or convalescent home. Parking structure. Place of religious exercise or religious assembly. September 2022 City of Dubuque 16-5-7-1 16-5-7-2 Public, private, or parochial school approved by state of Iowa (K - 12). Railroad or public or quasi -public utility, including substation. Registered child development home. School of private instruction. Single- or two-family dwelling unit within an existing structure only. Townhouse (2 or more laterally attached units). (Ord. 52-09, 10-19-2009; amd. Ord. 54-19, 12-16-2019; Ord. 19-20, 5-18-2020; Ord. 30-21, 9-20-2021) 16-5-7-2: CONDITIONAL USES: The following conditional uses are permitted in the OR district, subject to the provisions of section 16-8-5 of this title: Accessory dwelling unit. Bed and breakfast home. Bed and breakfast inn. Group home. Licensed adult day services. Off premises residential garage. Off street parking. Photographic studio. Private club. Rooming or boarding house. Tour home. Tourist home. September 2022 City of Dubuque 16-5-7-2 16-5-7-3 Wind energy conversion system. (Ord. 52-09, 10-19-2009; amd. Ord. 54-19, 12-16-2019; Ord. 20-22, 5-20-2022) 16-5-7-3: ACCESSORY USES: The following uses are permitted as accessory uses as provided in section 16-3-7 of this title: Crematorium accessory to a mortuary or funeral home. Detached garage. Fence. Garage sale, provided that not more than three (3) such sales shall be allowed per premises per calendar year and not more than three (3) consecutive days per sale. Home based business. Noncommercial garden, greenhouse or nursery. Off street parking and storage of vehicles. Satellite receiving dish. Solar collector (freestanding arrays are limited to not more than 100 aggregate square feet and 10 feet in height). Sport, recreation, or outdoor cooking equipment. Storage building. Tennis court, swimming pool or similar permanent facility. Wind turbine (building mounted). (Ord. 52-09, 10-19-2009; amd. Ord. 54-15, 8-17-2015) September 2022 City of Dubuque 16-5-7-4 16-5-7-4: TEMPORARY USES: 16-5-7-6 Temporary uses shall be regulated in conformance with the provisions of section 16-3-19 of this title. (Ord. 52-09, 10-19-2009) 16-5-7-5: PARKING: Minimum parking requirements shall be regulated in conformance with the provisions of chapter 14 of this title. (Ord. 52-09, 10-19-2009) 16-5-7-6: SIGNS: Signs shall be regulated in conformance with the provisions of chapter 15 of this title. (Ord. 52-09, 10-19-2009) September 2022 City of Dubuque r ti n L6 4) E E CH IH ItJ t� E .0 O O O O O O O O O E E 'C (n M M M M M M M M M N Y U m E m E K m O � C O L E E ' N N N N N N N N O J N E O N m o 0 0 0 0 0 0 0 E>¢ O O O O O O O O ,x O D N N N m U E Om x CE J CO LL E0- E Q C O O O O O O J O O O O in O N O O N u� O O L N 3 m U O E u d m N U N > >O a)m C O L O NN_ �ON O �O w T U N � T .m O OU m mR LT N C m E E N O O y�m C C7 2 So Z a m in m a N N O (14 a) d E 47 a a� IN co E E rn x v v :- v v v v v a v mx E E c`u o x x 'E 0 0 0 0 0 0 0 0 0 E E-oo o w x 'E_ 05 M M M M M M M M M N Y U f0 E o E x x O O O C 0 IL E N N N N N N C N N O N N m N E E>? o 0 0 0 0 0 0 0 0 O o m U a) E o 42 lt� 4� C J O LL E � E 0- E N O O O O N m � N N � N E Z � N N C -O N 41 co N 3 Y Y U O o E v= 'E m L doL a)-o C C n N O N OI Q C O O C N (6 = O C C fl. O H I�— Q 'o CD 0] U .J V 0 d c 0 U N N 0 N E N a N J NO O L� U n r Ln c6 r L E o� lxa 2 v � E E x CC E C (n M M N Y U 4 N 7 � E X c O LL E O � � C N N O J N � E >0 0 vp 0 m U E Q J M co C J o p LL E � � 3 � E¢ Q y C `gam p o U1 0 3 O C L a c N N U 4 0 j O O m 0 o E> O o n` 0 N N O N N E N a N N O U -- - w H - ---- _ f< i NO' .. � q u a O V 16-5-9 16-5-9-1 16-5-9: 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 will generally be located in areas which have developed, or are appropriate to develop, as limited retail districts. This district should 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. (Ord. 52-09, 10-19-2009) 16-5-9-1: PRINCIPAL PERMITTED USES: The following uses are permitted in the OC district: Art gallery, museum or library. Artist studio. Bakery (retail only). Barber or beauty shop. General office. Licensed childcare center. Medical office. Multi -family dwelling. Parking structure. Photographic studio. Place of religious exercise or assembly. Registered child development home. Retail sales and service. School of private instruction. Single-family detached dwelling. Two-family dwelling. City of Dubuque October 2021 16-5-9-2 16-5-9-3 Any other specialty retail use of a similar nature and intensity. (Ord. 52-09, 10-19-2009; amd. Ord. 54-19, 12-16-2019; Ord. 30-21, 9-20-2021) 16-5-9-2: CONDITIONAL USES: The following conditional uses may be permitted in the OC district subject to the provisions of section 16-8-5 of this title: Accessory dwelling unit. Bar or tavern. Bed and breakfast home. Bed and breakfast inn. Licensed adult day services. Off street parking. Private club. Restaurant. Tour home. Wind energy conversion system. (Ord. 52-09, 10-19-2009; amd. Ord. 54-19, 12-16-2019; Ord. 20-22, 5-20-2022) 16-5-9-3: ACCESSORY USES: The following uses are permitted as accessory uses as provided in section 16-3-7 of this title: Detached garage. Fence. Garage sale, provided that not more than three (3) such sales shall be allowed per premises per calendar year and not more than three (3) consecutive days per sale. Home based business. Noncommercial garden, greenhouse or nursery. September 2022 City of Dubuque 16-5-9-3 16-5-9-6 Off street parking of vehicles. Satellite receiving dish. Solar collector (freestanding arrays are limited to not more than 100 aggregate square feet and 10 feet in height). Sport, recreation or outdoor cooking equipment. Storage building. Tennis court, swimming pool or similar permanent facility. Wind turbine (building mounted). (Ord. 52-09, 10-19-2009; amd. Ord. 54-15, 8-17-2015) 16-5-9-4: TEMPORARY USES: Temporary uses shall be regulated in conformance with the provisions of section 16-3-19 of this title. (Ord. 52-09, 10-19-2009) 16-5-9-5: PARKING: Minimum parking requirements shall be regulated in conformance with the provisions of chapter 14 of this title, except that a twenty five percent (25%) reduction shall be allowed in the OC district for both permitted and conditional uses. (Ord. 52-09, 10-19-2009) 16-5-9-6: SIGNS: Signs shall be regulated in conformance with the provisions of chapter 15 of this title. (Ord. 52-09, 10-19-2009) (see following page) September 2022 City of Dubuque E m E E x x x x aim C LL' N N N N N N N M N E Ev w x E E tf � x o -E O O O O O o O O O O J N � N 'D¢ o 0 0 0 0 0 0 o EO) E > a O vo vo vo U O J m E m ct� 42 E o oo C LL N 0 0 N N m _T N N E E m C O U `O m 3 O N N u(Di ~O m 'm T E �+ m �C `m c Ow a ami � a o O O O m m N Y O y = m c O a in H Q m m m Q N O N LO 0 N N L E U N MW 16-5-10-2 16-5-10-6 16-5-10-2: CONDITIONAL USES: The following conditional uses may be permitted in the C-1 district, subject to the provisions of section 16-8-5 of this title: Accessory dwelling unit. Gas station (not including service station). Indoor restaurant. Licensed adult day services. Medical office. Wind energy conversion system. (Ord. 52-09, 10-19-2009; amd. Ord. 54-19, 12-16-2019; Ord. 20-22, 5-20-2022) 16-5-10-3: ACCESSORY USES: The following uses may be permitted as accessory uses as provided in section 16-3-7 of this title: Any use customarily incidental and subordinate to the principal use it serves. Wind turbine (building mounted). (Ord. 52-09, 10-19-2009) 16-5-10-4: TEMPORARY USES: Temporary uses shall be regulated in conformance with the provisions of section 16-3-19 of this title. (Ord. 52-09, 10-19-2009) 16-5-10-5: PARKING: Minimum parking requirements shall be regulated in conformance with the provisions of chapter 14 of this title. (Ord. 52-09, 10-19-2009) 16-5-10-6: SIGNS: Signs shall be regulated in conformance with the provisions of chapter 15 of this title. (Ord. 52-09, 10-19-2009) September 2022 City of Dubuque r O i (D 1 EE of � = 0 M D "L E m D C N O E a U E � t6 N E E X (6 C O E LL E E C O O J N @ E m E>¢ O O mU� E J � o E o C J O LL E m =2 .E ¢ o J O L C0 `O U = E rn Z o U U N Q iii � N M N O Z V NI O V 16-8-5-5 16-8-59 which the conditional use permit is granted, shall be deemed a violation of this title. (Ord. 52-09, 10-19-2009) 16-8-5-6: DECISION AND RECORDS: The board shall render a written decision on an application for a conditional use permit after the close of the meeting. The decision of the board shall contain specific findings of fact supporting the granting or denial of the conditional use permit and shall clearly set forth any conditions or restrictions imposed pursuant to section 16-8-5-5 of this chapter. The board shall maintain the record of all actions with respect to applications for conditional use permits and shall notify the city council of their decisions on each application. (Ord. 52-09, 10-19-2009) 16-8-5-7: PERIOD OF VALIDITY; EXPIRATION: A. No conditional use permit granted by the board shall be valid for a period longer than two (2) years from the date on which the board grants the permit, unless within such two (2) year period: 1. A building permit is obtained and the erection or alteration of a structure is started, or An occupancy permit is obtained, if required, and the use is commenced. B. The board may grant a maximum of one extension not exceeding six (6) months, upon written application, without notice of hearing. (Ord. 52-09, 10-19-2009) 16-8-5-8: PARKING REGULATIONS: Minimum parking requirements, where applicable, for conditional use permit uses shall be regulated in conformance with the provisions of chapter 14 of this title unless otherwise provided by the zoning board of adjustment. (Ord. 52-09, 10-19-2009) 16-8-5-9: SIGN REGULATIONS: Signs for conditional use permit uses shall be regulated in conformance with the provisions of chapter 15 of this title unless otherwise provided by the zoning board of adjustment. (Ord. 52-09, 10-19-2009) City of Dubuque 16-8-5-10 16-8-5-10 16-8-5-10: LIST OF CONDITIONAL USES: Accessory dwelling unit. One accessory dwelling unit may be allowed on a lot in the R- 1, R-2, R-2A, R-3, R-4, OR, OC, and C-1 districts in accordance with the following conditions: A. Shall be located on the same zoning lot as the principal dwelling; B. Either the principal dwelling or the accessory dwelling shall be owner - occupied; C. Shall be incidental and subordinate to the principal dwelling as an accessory use; D. The principal dwelling shall be a single-family detached dwelling; E. Shall not exceed fifty percent (50%) of the building footprint of the principal dwelling or six hundred (600) total gross square feet, whichever is less; F. 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; G. Shall comply with the applicable bulk regulations for the district in which it is located; and H. Shall provide one off street parking space. 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. 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 two thousand two hundred (2,200) square feet in gross floor area shall not be exceeded; 2. Any outdoor seating shall be accessory to the indoor operation; September 2022 City of Dubuque 16-8-5-10 16-8-6-2 Vehicle body shop. A vehicle repair/body shop may be allowed in the C-4 District in accordance with the conditions established by the Zoning Board of Adjustment. Vehicle sales or rental. A vehicle sales or rental facility may be allowed in the C-4 District in accordance with the conditions established by the Zoning Board of Adjustment. Vehicle service or repair. A vehicle service or repair facility may be allowed in the C-4 District in accordance with the conditions established by the Zoning Board of Adjustment. Winery. A winery may be allowed in the AG District in accordance with the conditions established by the Zoning Board of Adjustment. (Ord. 52-09,10-19-2009; amd. Ord. 47-14, 7-21-2014; Ord. 35-15, 5-18-2015; Ord. 38-17, 8-21-2017; Ord. 54-19, 12-16-2019; Ord. 20-22, 5-20-2022) 16-8-6: VARIANCE PROCEDURE: 16-8-6-1: APPLICATION: A. Any person owning property may apply for a variance from the literal enforcement of the bulk regulation provisions including parking and sign requirements of this title for the property or structure involved. All applications for a variance shall be made on the official form for such applications which shall be available from the Planning Services Department. B. Review of the application for a variance may be obtained by delivering the completed application form to the Planning Services Department together with payment of the required fee. C. Prior to its review, the board may require the applicant for a variance to supply any further information beyond that contained in the application where it reasonably considers such information necessary to make the determination. (Ord. 52-09, 10-19-2009) 16-8-6-2: NOTICE AND MEETING REQUIREMENTS: Following receipt of a completed application the board shall, with due diligence, consider such application at a public meeting. Notice of the time and place of the public hearing shall be published in the newspaper of general circulation at least seven (7) days and not more than twenty (20) days prior to such hearing. The board shall direct and require verification that notice of the time and place of the meeting has been sent by first class mail to all owners of property within two hundred feet September 2022 City of Dubuque 16-8-6-2 16-8-6-3 (200') of the property for which the variance is sought. At the public meeting, all interested parties shall be afforded a reasonable opportunity to appear and express their views on the application, either in person or by agent. A record of such meeting shall be entered into the minutes of the board. (Ord. 52-09, 10-19-2009) 16-8-6-3: REQUIREMENTS FOR GRANTING OF VARIANCE: A. The board shall grant a variance only under exceptional 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: 1. The particular property, because of size, shape, topography or other physical conditions, suffers singular disadvantage, which disadvantage does not apply to other properties in the vicinity; and 2. Because of this disadvantage, the owner is unable to make reasonable use of the affected property; and 3. This disadvantage does not exist because of conditions created by the owner or previous owners of the property; and 4. Granting the variance requested will not confer on the applicant any special privilege that is denied to other lands, structures, or buildings in the same district; and 5. Granting of the variance will not be contrary to the public interest, will not adversely affect other property in the vicinity, and will be in harmony with the intent and purpose of the provision waived. B. In passing a variance, the board shall not consider prospective financial loss or gain to the applicant. C. A variance shall not be allowed within the RHOD Restricted Height Overlay District. (Ord. 52-09, 10-19-2009) August 2020 City of Dubuque 16-11-7 16-11-7 2. A preliminary plat is not required for a minor subdivision. The zoning advisory commission may require any additional information necessary to adequately review the plat. 3. The owner shall submit six (6) copies of the final plat to the planning services department. The final plat must show all information required by the city. 4. The zoning advisory commission shall review final plats to determine whether said plat is in substantial conformance with this title and the comprehensive plan. If the commission finds that the plat conforms to all applicable city and state codes, and the comprehensive plan, the commission shall approve the plat. The commission shall submit its findings regarding the final plats to the city council, who must act within sixty (60) days of the filing of the final plat with the planning services department. 5. If the zoning advisory commission fails to recommend approval 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 city council. 6. The city council shall review final plats to determine conformance to this title, 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. D. Major Subdivisions: A preapplication conference shall 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 six (6) copies 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. In a case where the zoning advisory commission votes to deny a preliminary plat, the city council shall have the discretion to review the preliminary plat and override the commission's denial. The review shall be to determine compliance with all relevant sections of this title and the comprehensive plan. Approval granted by the commission shall remain in effect for a period of two (2) years. Within this two (2) year time frame, a final plat September 2022 City of Dubuque 16-11-7 16-11-7 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. The owner shall submit six (6) copies of the 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 six (6) copies 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 material conformance to the preliminary plat for the property, this title and the comprehensive plan. The city planner shall submit findings and recommendations on the final plat to the city council. The city council shall act within sixty (60) days of the acceptance of a complete final plat application by 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. Proposed street names for public or private streets shall be labeled on the submitted preliminary plat. 6. The city council shall review final plats to determine conformance to this title, 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 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. Preliminary and final plats shall not be concurrently reviewed or considered for approval. E. Fringe Area Development Standards: Fringe Area Subdivision Requirements: September 2022 City of Dubuque 16-11-7 16-11-7 a. All subdivisions must comply with this Chapter. b. Each subdivision will be required to provide sufficient easements for the extension of city water and sanitary sewer utility systems to serve each individual lot within the subdivision. c. Each major subdivision shall comply with the city of Dubuque sustainability requirements for new subdivisions, including obtaining score of forty (40) points as established in this chapter. d. New streets that access city or county roadways must comply with SUDAS for sight visibility as determined by the city engineer. e. To facilitate planned and orderly growth, developers of major subdivisions must provide a preliminary plat for the entire area anticipated to be developed as part of the subdivision. f. Subdivisions and developments which are approved prior to annexation shall provide a mechanism fortransferof public right of way (ROW) ownership for county roads to the city upon annexation. g. Private roads and streets in subdivisions and developments that are not under the county's ownership prior to annexation shall remain as private roads and streets upon annexation to the city, unless and until such time as they are brought into compliance with city standards and accepted by the city as public streets. h. Developers shall be required to utilize stormwater management and erosion control measures, and stormwater retention/detention facilities where appropriate in accordance with applicable federal, state, county, and city laws, regulations and policies. 2. Exception Of Specific Subdivision Requirements: The zoning advisory commission and city council, when acting upon an application for preliminary or final subdivision approval, has the power to grant such exceptions from the requirements of this chapter for subdivision approval as may be reasonable and within the general purpose and intent of the provision forsubdivision review and approval of this chapter, if enforcement of one or more provisions of this chapter are impracticable or will exact an undue hardship because of unique conditions pertaining to the land in question. (Ord. 52-09, 10-19-2009; amd. Ord. 26-13, 5-20-2013; Ord. 31-14, 4-21-2014; Ord. 32-22, 9-19-2022) September 2022 City of Dubuque 16-11-8 16-11-8 16-11-8: SUBDIVISION DESIGN STANDARDS: A. Subdivision Design: 1. Design of the subdivision shall be in conformance with this title, the comprehensive plan, and all applicable city standards. 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N H N D _ _ E � o � y a`= c c O— t) U K U 7 N N O N N -0 E N a U) O V ce) L6 (D V 0 0 0 � � - m m c E u o N � Z 0- L U N O F O O L Z � T J a C O � o a E E E c 6 m m WLL a c 0 � O N > N `m �p a L O (�) m O O CD _ m � C U U y w 2 O p N m 7 > T m O O N N C 00 L W E w s o E a x m `o � N 0 m a E �5 — 3 Z 0 0 .0 Nc c `o c m W rn rn o - N N N N U N m co W `o c a v 655 m Z o d N N 'o N m m m o 00 � N N C ry CL N a` = � c n O-` CLC� N N O N W i V' N N O E (o O O O N M O N U) t .�J 16-15-14 16-15-17 16-15-14: NONCONFORMING SIGNS: Any sign which becomes a nonconforming sign on the effective date hereof or which becomes a nonconforming sign at any future date shall be regulated according to the rules set forth in section 16-4-6 of this title, provided that 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 (6) 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 permitted in the zoning district. A nonconforming sign may be altered to reduce its level of nonconformity. (Ord. 52-09, 10-19-2009) 16-15-15: MAINTENANCE: 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. (Ord. 52-09, 10-19-2009) 16-15-16: DISCONTINUED OR ABANDONED SIGNS: Signs which are not properly maintained as determined by the building official or which advertise a usewhich has been abandoned ordiscontinued shall be removed by the property ownerwithin ninety (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. (Ord. 52-09, 10-19-2009) 16-15-17: MESSAGE SUBSTITUTION: A noncommercial message of any type may be substituted for any permitted commercial message or permitted noncommercial message, provided, that the sign structure is legal without consideration of the 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 chapter. 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 r e q u i r e m e n t September 2022 City of Dubuque OFFENSES Crime Property Definitions .............................................. 7-5C-1 Effect Of Notice .......................................... 7-5C-7 Notice.................................................7-5C-5 Preenforcement Procedure ................................ 7-5C-3 Procedure For Enforcement ................................ 7-5C-4 Service Of Notice ........................................ 7-5C-6 Specified Crime Property Prohibited ......................... 7-5C-2 Drug Paraphernalia Drug Paraphernalia Defined ................................ 7-5B-1 Prohibited Acts .......................................... 7-5B-2 Sniffing Glue Or Other Chemical Substances .................. 7-513-4 Under The Influence Of Controlled Substance ................. 7-5B-3 General Offenses Advertising Materials; Billposting; Littering ..................... 7-5A-5 Criminal Mischief ....................................... 7-5A-12 Defacing Notices ......................................... 7-5A-6 Disorderly Conduct ....................................... 7-5A-1 False And Fraudulent Reports .............................. 7-5A-3 False Representation Of Records Or Processes ................ 7-5A-4 Hunting And Target Practice Permitted ...................... 7-5A-16 Loitering For Illegal Purposes ............................... 7-5A-7 Offenses Relating To Officers And Employees ................. 7-5A-2 Professional Boxing Elimination Tournaments ................ 7-5A-13 Projectiles, Slingshots, Knuckles Of Metal Or Other Material, Other Weapons, And Fireworks ................... 7-5A-10 Public Urination Or Defecation .............................. 7-5A-9 Ringing Of Bells Or Gongs ................................. 7-5A-8 Tobacco Products To Underage Persons .................... 7-5A-15 Unauthorized Computer Access ............................ 7-5A-11 Underage Persons Entering Gambling Facilities ............... 7-5A-14 Unlawful Assembly ...................................... 7-5A-17 Parental Responsibility Definitions .............................................. 7-5D-1 Penalties...............................................7-5D-4 Reasonable Control Over Minor ............................. 7-5D-2 Violation...............................................7-5D-3 Social Host Responsibility Affirmative Defense ...................................... 7-5E-6 Definitions .............................................. 7-5E-2 Enforcement ............................................ 7-5E-9 Evidence Of Possession And Consumption .................... 7-5E-7 Exemption .............................................. 7-5E-5 Penalties ............................................... 7-5E-8 September 2022 City of Dubuque OFFENSES (cont.) Prohibited Acts .......................................... 7-5E-4 Purpose................................................ 7-5E-1 Severability............................................ 7-5E-10 Social Host Duties ........................................ 7-5E-3 OFFICE ZONING DISTRICTS ........................ 16-5-7, 16-5-8, 16-5-9 OFFICERS AND EMPLOYEES, CITY Bonds Of Officers And Employees ............................... 1-7-1 City Attorney ................................................. 1-7-6 City Clerk And Assistant City Clerk ............................... 1-7-5 City Manager ................................................ 1-7-4 City Treasurer ................................................ 1-7-7 Deposits Of City Funds ........................................ 1-7-2 Elimination Of State Of Iowa Residency Requirement ................ 1-7-8 Offenses Relating To Officers And Employees ..................... 7-5A-2 Transfer Of Records And Property To Successor .................... 1-7-3 OPEN VIDEO SYSTEMS (See Also CABLE RIGHT-OF-WAY REGULATIONS) ............................................... 11-213 ORDINANCES AND RESOLUTIONS Effect Of Repeal Of Ordinance ................................. 1-6A-2 Ordinances, Resolutions And Motions ........................... 1-6A-12 0 PARADES, ASSEMBLIES AND SPECIAL EVENTS Assemblies ................................................. 10-4-2 Definitions .................................................. 10-4-1 Parades And Special Events ................................... 10-4-3 Private Property ............................................. 10-4-4 PARKING REGULATIONS ..................... 9-14-321.600 — 9-14-321.744 PARKS AND RECREATION Administration Park And Recreation Advisory Commission .................. 10-5A-2 Specific Parks, Open Spaces And Trails Specific Park Areas, Open Spaces, And Trails Described ....... 10-5C-1 Use Regulations Access Limited ........................................ .10-5B-5 Climbing On Fences, Roofs .............................. 10-513-13 Compliance With Traffic And Vehicle Laws, Ordinances ....... 10-56-20 Definitions ............................................. 10-5B-1 Dogs And Cats.........................................10-5B-4 Fires................................................10-5B-17 Horsedrawn Vehicles, Riding Of Animals Restricted ............ 10-513-3 Interfering With Animals, Fishing ........................... 10-513-7 August2020 City of Dubuque -S- -S- SOLICITOR'S LICENSE Appeal ..................................................... 4-5-11 Application For License ........................................ 4-5-4 Bond....................................................... 4-5-5 Definitions................................................... 4-5-1 Denial, Suspension, Or Revocation Of License .................... 4-5-10 Display Of License ............................................ 4-5-8 Exemptions .................................................. 4-5-3 Fees ....................................................... 4-5-7 Issuance Of License ........................................... 4-5-6 License Required ............................................. 4-5-2 Misrepresentation............................................. 4-5-9 Personal Nature; Transferability ................................ 4-5-12 Report To City Clerk Upon Loss Required ........................ 4-5-13 Soliciting From Temporary Stands Or Vehicles Restricted ............ 4-5-14 SOLID WASTE City Or Private Collection Service Availability Of Collection Service ........................... 13-6A-2 Charges; Billing And Collection ............................ 13-6A-7 City Manager's Authority Generally ......................... 13-6A-1 Frequency, Time And Areas Of Collection .................... 13-6A-3 Ownership Of Materials; Unauthorized Collecting Prohibited ................... ............... .......... 13-6A-5 Placement Of Containers For Collection ..................... 13-6A-4 Private Collection Service ................................. 13-6A-9 Rates And Charges Established; Exceptions .................. 13-6A-6 Yard Waste And Food Scraps ............................. 13-6A-8 Container Requirements; Collection Restrictions ................... 13-6-3 Definitions .................................................. 13-6-1 Deposits On Other Public Or Private Property ..................... 13-6-2 Hazardous And Prohibited Wastes Regulated ..................... 13-6-7 Storage And Accumulation Restricted ............................ 13-6-6 Unlawful Accumulations ....................................... 13-6-5 Use Of State Approved Dump Site Or Disposal Project .............. 13-6-9 Vehicles Hauling Solid Waste .................................. 13-6-8 Wrapping And Draining Of Certain Solid Wastes ................... 13-6-4 SPECIAL EVENTS (See Also PARADES, ASSEMBLIES AND SPECIAL EVENTS) ........................................... 10-4 SPECIAL PURPOSE DISTRICTS .......................... 16-5-21 — 16-5-24 SPECULATIVE SHELL BUILDINGS OF COMMUNITY DEVELOPMENT ORGANIZATIONS AND FOR PROFIT ENTITIES (See Also ECONOMIC DEVELOPMENT) ................................................ 3-4C SPEED RESTRICTIONS ......................... 9-7-321.285 — 9-7-321.294 STAGNANT WATER ............................................. 6-4-31D June 2019 City of Dubuque _S_ -T- STORMWATER MANAGEMENT Annual Review Of SFU Rate .................................. 13-4-12 Appeal Of Impervious Surface Calculation ........................ 13-4-9 Billing, Delinquent Accounts And Collection Procedures ............................................... 13-4-11 Declaration Of Purpose; Establishment Of District .................................................... 13-4-2 Definitions .................................................. 13-4-1 Expenses Of Collection Of Charges ............................ 13-4-13 Nonresidential Property ....................................... 13-4-8 Nonsingle-Family Residential Property ........................... 13-4-7 Organization ................................................ 13-4-4 Powers, Duties And Responsibilities ............................. 13-4-3 Rate Determinations; Compliance With Bond Covenants ............ 13-4-10 SFU Rate, Charges; Utility Revenues ............................ 13-4-5 Single -Family Residential Property .............................. 13-4-6 STREETS, SIDEWALKS AND OTHER PUBLIC PLACES Curb And Driveway Construction Permit .......................... 10-1-1 Driving On Sidewalk .......................................... 10-1-9 Expectoration ............................................... 10-1-5 Hauling Of Dirt, Other Materials Through Streets ................... 10-1-6 Obstructing Public Ways ...................................... 10-1-4 Playing In Streets ........................................... 10-1-10 Removal Of Barricades Or Warning Devices ...................... 10-1-8 Sidewalk Installation And Repair ................................ 10-1-2 Snow And Ice Removal ....................................... 10-1-3 Unlawful Deposits ............................................ 10-1-7 Unused And Inoperable Vehicles ............................... 10-1-11 SUBDIVISIONS, LAND DEVELOPMENT (See Also UNIFIED DEVELOPMENT CODE) .................................. 16-11 SWIMMING POOLS Construction ................................................ 14-9-3 Definition ................................................... 14-9-1 Fencing Requirements ........................................ 14-9-4 Location ................................................... 14-9-5 Permit Required; Fees ........................................ 14-9-2 State Code Adopted ...............................-........... 14-9-6 T TATTOOING.................................................... 6-1-1 TAXATION (See Also REVENUE AND TAXATION) .................... Title 3 TRAFFIC (See Also MOTOR VEHICLES AND TRAFFIC) ................ Title 9 TRANSIT SYSTEM Transit Advisory Board Board Created ............................................ 5-1-1 Compensation ........................................... 5-1-11 September 2022 City of Dubuque