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Adoption of Supplement Number 2023 S-12 to the City of Dubuque Code of OrdinancesCity of Dubuque City Council Meeting Consent Items # 023. Copyrighted November 6, 2023 ITEM TITLE: Adoption of Supplement Number 2023 S-12 to the City of Dubuque Code of Ordinances SUMMARY: City Clerk recommending City Council approval of the resolution adopting Supplement No. 2023 S-12 as part of the Code of Ordinances of the City of Dubuque. RESOLUTION Adopting Supplement No. 2023 S-12 to the Code of Ordinances of the City of Dubuque, Iowa SUGGESTED Suggested Disposition: Receive and File; Adopt Resolution(s) DISPOSITION: ATTACHMENTS: Description Type Staff Memo Staff Memo Resolution Resolutions Code Supplement Staff Memo THE CITY OF IDUB� E Masterpiece on the Mississippi Dubuque A11 Ameroea CRY 2007-2012.2013 2017*2D19 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 TO: Mayor Brad M. Cavanagh and City Council Members FROM: Adrienne N. Breitfelder, City Clerk SUBJECT: Adoption of Supplement Number 2023 S-12 to the City of Dubuque Code of Ordinances DATE: October 31, 2023 The attached resolution provides for the adoption of Supplement Number S-12 of October 2023 to the City of Dubuque Code of Ordinances, which codifies Ordinance Numbers 31- 23 through 44-23 as adopted by the City Council through September 18, 2023. Section 380.8 of the Iowa Code outlines cities 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 has compiled supplements to the City of Dubuque Code of Ordinances consisting of all new ordinances and amendments to ordinances. Supplements are prepared on a quarterly basis by American Legal Publishing of Cincinnati, Ohio. I respectfully request City Council approval of the resolution adopting Supplement No. 2023 S-12 as part of the Code of Ordinances of the City of Dubuque. Prepared by Adrienne N. Breitfelder, City Clerk, 50 W. 13�h St., Dubuque, IA 52001, (563) 589-4100 Return to Adrienne N. Breitfelder, City Clerk, 50 W. 1 V St., Dubuque, IA 52001, (563) 589-4100 RESOLUTION NO. 365-23 ADOPTING SUPPLEMENT NO. 2023 S-12 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 of Dubuque, Iowa has compiled supplements to the Code of Ordinances consisting of all new ordinances and amendments to ordinances; and Whereas, Section 380.8 of the Code of Iowa provides that supplements, adopted by resolution, become part of the Code of Ordinances; and Whereas, Code Supplements are prepared by the American Legal Publishing of Cincinnati, Ohio and filed in the Office of the City Clerk of the City of Dubuque, Iowa. NOW THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF 191,11- lL011I0[�7►►�ni Section 1. That Supplement No. 2023 S-12 to the City of Dubuque Code of Ordinances, which codifies Ordinance Nos. 31-23 through 44-23 as approved by the City Council through September 18, 2023, is hereby adopted, and becomes part of the Code of Ordinances of the City of Dubuque, Iowa. Passed, approved, and adopted this 6th day of November 2023. Attest: Adrienne N. Breitfelder, City Clerk DUBUQUE, IOWA Instruction Sheet October 2023 - S-12 Supplement REMOVE OLD PAGES INSERT NEW PAGES VOLUME I Cover Page Cover Page Preface Preface 4-7B-8 A.2. through 4-713-8 A.11 (2 pages) 4-7B-8 A.2. through 4-7B-8 A.12 (2 pages) 4-7B-8 (last 2 pages) 4-7B-8 (last 2 pages) 8-5-12 A.I- (...years after the occurrence...) 8-5-12 A.1. (...years after the occurrence...) through 8-5-13 (2 pages) through 8-5-13 (2 pages) VOLUME Il Cover Page Cover Page 13-2D-1 through 13-2D-2 (2 pages) 13-2D-1 through 13-2D-2 (2 pages) 13-2D-8 A. (...prohibited materials or 13-213-8 A. (...prohibited materials or other...) through 13-2D-11 (4 pages) other...) through 13-2D-11 (4 pages) 16-5-12-7 (setback images) through 16-5-12-7 (setback images) through 16-5-13-7 (6 pages) 16-5-13-7 (6 pages) 16-5-14-1 (Furniture or home furnishing 16-5-14-1 (Furniture or home furnishing sales) through 16-5-14-7 (4 pages) sales) through 16-544-7 (4 pages) 16-8-5-10 (2 pages) 16-8-5-10 (2 pages) (Bar or tavern) (Bar or tavern) (3. Opaque screening...) through (3. Opaque screening...) through (Gas station) (Gas station) 16-8-5-10 (last page) through 16-8-6-3 16-8-5-10 (last page) through 16-8-6-3 (2 Pages) (2 pages) 1 2 Dubuque, IA - Instruction Sheet REMOVE OLD PAGES INSERT NEW PAGES 16-15-11-5 (last page) through 16-15-11-8 (last page) through 16-15-11-9 (2 pages) 16-15-11-9 (2 pages) 16-15-11-12 (2 pages) 16-15-11-12 (2 pages) 16-15-11-14 through 16-15-12 (2 pages) INDEX -R- through -S- (2 pages) RIGHTS -OF -WAY (cont.) through SEWERS AND SEWAGE DISPOSAL (cont.) MEMF 10.23 16-15-11-14 through 16-15-12 (2 pages) -R- through -S- (2 pages) RIGHTS -OF -WAY (coat.) through SEWERS AND SEWAGE DISPOSAL (coot.) CITY CODE of 1 Code current through: Ord. 44-23, passed 9-18-2023 Published by: AMERICAN LEGAL PUBLISHING 525 Vine Street O Suite 310 O Cincinnati, Ohio 45202 1-800-445-5588 4 www amlegal.com PREFACE This code of the City of Dubuque, as supplemented, -contains _ ordinances up to and including ordinance 44-23, passed September 18, 2023. 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. American Legal Publishing Cincinnati, Ohio October 2023 City of Dubuque City of Dubuque I'e K-M. SH.,Z] 2. Application For Taxicab Business License: a. An application for a taxicab business license must be filed with the city clerk's office on a form provided by the city clerk. b. The chief of police will investigate each applicant for a taxicab business license and a report of such investigation will be attached to the application for consideration by the city clerk. 3. Consideration Of Application: The city clerk will, in consultation with the chief of police and upon consideration of the application and the required reports attached thereto, approve or reject the application. 4. Insurance Prerequisite To Issuance; Continuance In Effect: The taxicab business owner must at all times while the license is in effect provide insurance as required by the city manager. 5. Fees: No taxicab business license will be issued or renewed unless the holder thereof has paid an annual taxicab business license fee established by the city manager and an annual vehicle fee established by the city manager for each vehicle in such taxicab business. Such fees are for one year commencing April 1. 6. Denial, Suspension, Or Revocation Of License: a. The city clerk may deny, suspend, or revoke issuance of a taxicab business license for good cause, including, but not limited to, any of the following: (1) Violation of any of the provisions of this article; (2) Discontinuation of operations for more than sixty (60) days; (3) Violation of any ordinances of the city or laws of the United States or the state of Iowa or any other state that demonstrates the lack of fitness of the taxicab vehicle permit holder to offer public transportation; or (4) Misrepresentation on the application for a taxicab business license. b. Prior to the denial, suspension, or revocation, the taxicabbusiness license holder must be given not less than ten (10) days' written notice by the city clerk. October 2023 City of Dubuque 4-76-8 4-713-8 c. In the event of a denial, suspension, or revocation of a taxicab business license, no other taxicab business license may be issued to such person for a period of two (2) years thereafter. 7. Appeal: Within ten (10) days after written notice of the revocation, suspension, or denial of issuance of a taxicab business license, an applicant or license holder may file with the city clerk a written notice of appeal to the city manager from such revocation, suspension, or denial. The city manager must provide the taxicab business with notice and an opportunity to be heard on the issue of whether the taxicab business license was properly revoked, suspended, or denied. 8. Taxicabs Registered With City Clerk: The applicant or license holder must register all vehicles operating as taxicabs for the taxicab business with the city clerk. Any new vehicles that begin operating as taxicabs after the taxicab business license is obtained must be registered with the city clerk prior to the vehicles operating as taxicabs. 9. Taxicab Drivers Registered With City Clerk: The applicant or license holder must register all taxicab drivers with the city clerk. Any additional drivers hired after the taxicab business license is .obtained must be registered with the city clerk prior to the driver operating a taxicab for hire. 10. Display Of Taxicab Business License: The taxicab business license must be displayed at the taxicab business location. A copy of the taxicab' business license also must be displayed in each vehicle operating as a taxicab for the business and may not be removed until the expiration of the license. 11. Personal Nature; Transferability: The taxicab business license is personal to the business and may not be sold, assigned, mortgaged, or otherwise transferred. The taxicab business license applies to all registered vehicles operating as taxicabs for the license holder. 12. Property Of City Clerk Upon Loss Or Closure: If any taxicab business license issued under this article is lost or mislaid or the taxicab business closes or ceases operations, the license holder must report such fact to the city clerk immediately. Where a taxicab business license is lost or mislaid, a duplicate license will be issued upon payment of the fee as established by the city manager. October 2023 City of Dubuque Elm (4) The taxicab driver has been convicted of more than three (3) moving violations in the prior three (3) year period; (5) The taxicab driver has been convicted of violating section 321.218, 321.277, or 321J.21, or section 321A.32, subsection 1, in the prior three (3) year period; (6) The taxicab driver has been convicted in the prior seven (7) year period of a felony, of violating section 321 J.2 or 321 J.2A, or of any crime involving resisting law enforcement, dishonesty, injury to another person, damage to the property of another person, or operating a vehicle in a manner that endangers another person; (7) The taxicab driver is registered on the national sex offender registry; (8) Misrepresentation on the application for a taxicab driver's permit; or (9) Violations against or loss, denial, suspension, or revocation of a taxicab driver's state of Iowa class D-3 chauffeur's license or equivalent license issued by another state. b. Prior to suspension or revocation, the taxicab driver must be given not less than ten (10) days' written notice by the city clerk. c. In the event of such denial, suspension, or revocation of a taxicab driver's permit, no other taxicab driver's permitwill be issued to such person for a period of two (2) years thereafter. 7. Appeal: Within ten (10) days after written notice of the denial, suspension, or revocation of a taxicab driver's permit, a taxicab driver may file with the city clerk a written notice of appeal to the city manager from such revocation, suspension, or denial. The city manager must provide the taxicab driver with notice and an opportunity to be heard on the issue of whether the taxicab driver's permit was properly revoked, suspended, or denied. 8. Personal Nature; Transferability: The taxicab driver's permit is personal to the driver and may not be sold, assigned, mortgaged, or otherwise transferred. 9._. Job Change. The taxicab driver's permit remains valid and personal to the driver through a change of employment. If a taxicab driver becomes employe by another taxicab company after the issuance of the taxicab driver's permit, such a change of employment must be reported to the city clerkwithin fourteen (14) days. October 2023 City of Dubuque Sam ! 10. Property Of City Clerk Upon Loss: If any taxicab driver's permit issued under this article is lost or mislaid, the taxicab driver must report such fact to the city clerk immediately. A duplicate permit will be issued upon payment of the fee as established by the city manager. 11. Reporting Requirements: If suspension, revocation, or any other disciplinary action, is taken against a taxicab driver's state of Iowa class D-3 chauffeur's license or equivalent license issued by another state, the taxicab driver must report such action to the city clerk's office. (Ord. 7-13, 2-18-2013; amd. Ord. 29-16, 6-20-2016; Ord. 31-23, 6-20-2023) October 2023 City of Dubuque 8-5-12 8-5-12 years after the occurrence or the termination of an alleged discriminatory housing practice, or the breach of a conciliation agreement entered into under this chapter, whichever occurs last, to obtain appropriate relief with respect to such discriminatory housing practice or breach. 2. The computation of such two (2) year period shall not include any time during which an administrative hearing under this chapter was pending with respect to a complaint or charge under this chapter based upon such discriminatory housing practice. This subsection does not apply to actions arising from a breach of a mediation and/or conciliation agreement. B. Conciliation Agreement Precludes Action: An aggrieved person may commence a civil action under this subsection whether or not a complaint has been filed under section 8-5-6 of this chapter and without regard to the status of any such complaint, but if the commission or the Iowa civil rights commission has obtained a conciliation agreement with the consent of an aggrieved person, no action may be filed under this subsection by such aggrieved person with respect to the alleged discriminatory housing practice which forms the basis for such complaint except for the purpose of enforcing the terms of such an agreement. C. Administrative Hearing Precludes Civil Action: An aggrieved person may not commence a civil action under this subsection with respect to an alleged discriminatory housing practice if an administrative law judge has commenced a hearing on the record under this chapter with respect to such charge. O. Appointment Of Attorney By Court: Upon application by a person alleging a discriminatory housing practice or a person against whom such a practice is alleged, the court may: Appoint an attorney for such person. 2. Authorize the commencement or continuation of a civil action under subsection A of this section without the payment of fees, costs, or security if in the opinion of the court such person is financially unable to bear the costs of such action. - — - E:-_Relief -Which May BeGran_ted:_____--- 1. In a civil action under subsection A of this section, if the court finds that a discriminatory housing practice has occurred or is about to occur, the court may award to the plaintiff actual and punitive damages and, subject to subsection F of this section, may grant as relief, as the court deems appropriate, any October 2023 City of Dubuque 8-5-12 8-5-13 permanent or temporary injunction, temporary restraining order, or other order, including an order enjoining the defendant from engaging in such practice or ordering such affirmative action as may be appropriate. 2. In a civil action under subsection A of this section, the court, in its discretion, may allow the prevailing party reasonable attorney fees and costs. F. Effect On Certain Sales, Encumbrances And'Rentals. Relief granted underthis section shall not affect any contract, sale, encumbrance, or lease consummated before the granting of such relief and involving a bona fide purchaser, encumbrancer, or tenant without actual notice of the filing of a complaint or civil action under this chapter. G. Intervention By City Attorney's Office: Upon timely application, the city attorney's office may intervene in such civil action, if the city attorney's office certifies that the case is of general public importance. Upon such intervention, the city attorney's office may obtain such relief as would be available to the city attorney's office under section 8-5-13 of this chapter in a civil action to which such section applies. (Ord. 18-09, 4-6-2009; amd. Ord. 35-23, 8-7-2023) 8-5-13: ENFORCEMENT BY CITY ATTORNEY'S OFFICE: A. Probable Cause: On the request of the commission, the city attorney's office may file a civil action in the district court for appropriate relief if the commission has probable cause to believe that any of the following applies: 1. A person is engaged in a pattern or practice of resistance to the full enjoyment of any housing right granted by this chapter. 2. A person has been denied any housing right granted by this chapter and that denial raises an issue of general public importance. B. Legal Action; Enforcement: The commission may request the city attorney's office to take appropriate legal action of a discriminatory housing practice or to enforce a conciliation agreement. October 2023 City of Dubuque CITY CODE f DUUQUE IOWA Code current through: Ord. 44-23, passed 9-18-2023 Published by: AMERICAN LEGAL PUBLISHING 525 Vine Street O Suite 310 O Cincinnati, Ohio 45202 1-800-445-5588 -0- www.arnlegal.com 13-2D-1 13-2D-1 CHAPTER SEWERS AND SEWAGE DISPOSAL ARTICLE D. INDUSTRIAL PRETREATMENT PROGRAM SECTION: 13-2D-1: Purpose And Policy 13-2D-2: Definitions 13-2D-3: Abbreviations 13-2D-4: General Discharge Prohibitions 13-2D-5: Federal Categorical Pretreatment Standards 13-213-6: Specific Pollutant Limitations 13-2D-7: Excessive Discharge 13-2D-8: Accidental Discharge/Slug Control Plan 13-2D-9: Notice Of Potential Problems Including Slug Loadings 13-2D-10: Rates And Charges 13-2D-11: Administration; Permit Requirements; Regulations 13-2D-12: Enforcement; Violation Notice; Hearing 13-2D-13: Penalty; Costs 13-2D-1: PURPOSE AND POLICY: A. Application Of Provisions: This article sets forth uniform requirements for direct and indirect contributors into the wastewater collection and treatment system for the city, and enables the city to comply with all applicable state and federal laws required by the clean water act of 1977 (public law 95-217) general pretreatment regulations (40 CFR part 403). When in conflict with provisions of this chapter the provisions of this article shall supersede. B. Objectives: The objectives of this article are to: 1. Prevent the introduction of pollutants into the city's wastewa er system which will interfere with the operation of the system or contaminate the resulting sludges; October 2023 City of Dubuque 13-2D-1 13-2D-2 2. Prevent the introduction of pollutants into the city's wastewater system which will pass through the system, inadequately treated, into receiving waters or the atmosphere or otherwise be incompatible with the system; 3. Improve the opportunity to recycle and reclaim wastewaters and sludges from the system; and 4. Provide for equitable distribution of the cost of the city's wastewater system. This article provides for the regulation of direct and indirect contributors to the municipal wastewater system through the issuance of permits to certain nondomestic users and through enforcement of general requirements for the other users, authorizes monitoring and enforcement activities, requires user reporting, assumes that existing customers' capacity will not be preempted, and provides for the setting of fees for the equitable distribution of costs resulting from the program established herein. This article shall apply to the city of Dubuque, and to persons outside the corporate boundaries of the city who are, by contract or agreement with the city, users of the city water pollution control plant. Except as otherwise provided herein, the city manager shall administer, implement and enforce the provisions of this article. (2007 Code § 44-101) 13-2D-2: DEFINITIONS: Unless the context specifically indicates otherwise, the following terms and phrases, as used in this article, shall have meanings hereinafter designated: ACT OR THE ACT: The federal water pollution control act, also known as the clean water act, as amended, 33 USC 1251 et seq. APPROVAL The director in an NPDES state with an approved AUTHORITY: state pretreatment program. APPROVED POTW A program administered by a POTW that meets the PRETREATMENT criteria established in regulation 403.8 and 403.9 PROGRAM: which has been approved by a regional administrator or state director in accordance with 403.11 of the act. City of Dubuque 13-2D-8 13-2D-8 prohibited materials or other substances regulated by this article. Facilities to prevent accidental discharge of prohibited materials shall be provided and maintained at the owner's or user's cost and expense. Detailed plans showing facilities and operating procedures to provide this protection shall be submitted to the city for review, and shall be approved by the city manager before construction of the facility. All existing users shall complete such a plan by July 1, 1983. No userwho commences contribution to the POTW after the effective date hereof shall be permitted to introduce pollutants into the system until accidental discharge procedures have been approved by the city. Review and approval of such plans and operating procedures shall not relieve the industrial user from the responsibility to modify the user's facility as necessary to meet the requirements of this article. B. Notice Of Incident; Corrective Action: In the case of an accidental discharge, it shall be the responsibility of the user to immediately telephone and notify the POTW of the incident. The notification shall include location of discharge, type of waste, concentration and volume, and corrective actions pursued. Within five (5) days following an accidental discharge, the user shall submit to the city manager adetailed written report describing the cause of the discharge and the measures to be by the user to prevent similar future occurrences. -Such notification shall not relieve the user of any expense, loss, damage, or other liability which may incurred as a result of damage to the POTW, fish kills or any other damage to person or property; nor shall notification relieve the user of any fines, civil penalties or other liability which may be imposed by this article or other applicable law. C. Control Plan Requirements: At least once every two (2) years, the city shall evaluate whether each significant user needs to develop an accidental dischargelslug control plan. Any industrial user required to develop and implement an accidental discharge/control slug plan shall submit a plan which addresses, at a minimum, the following: 1. Description of discharge practices, including non routine batch discharges; Description of stored chemicals; 3. Procedures for immediately notifying the POTW of any accidental or slug discharge. Such notification must also be given for any discharge which would - - - -violate any -of the prohibited _discharges of this article; and 4. Procedures to prevent adverse impact from any accidental or slug discharge. Such procedures include, but are not limited to, inspection and maintenance of storage areas, handling and transfer of materials, training, October 2023 City of Dubuque 13-2D-8 13-2D-10 building of containment structures or equipment, measures for containing toxic organic pollutant (including solvents), and/or measures and equipment for emergency response. D. Notice To Employees Of Emergency Notification Procedure: A notice shall be permanently posted on the user's bulletin board or other prominent place advising employees whom to call in the event of an accidental discharge. Employers shall ensure that all employees who may cause or suffer such an accidental discharge to occur are advised of the emergency notification procedure. (2007 Code § 44-102) 13-2D-9: NOTICE OF POTENTIAL PROBLEMS INCLUDING SLUG LOADINGS: All categorical and noncategorical industrial users shall notify the POTW immediately of all discharges that could cause problems to the PONY, including any slug loadings, as defined in 403.5(b) of the act, by the industrial user. (2007 Code § 44-102) 13-2D-10: RATES AND CHARGES: A. Purpose: It is the purpose of this section to provide for the collection of rates and charges to produce gross revenues at least sufficient to pay the expenses of operation and maintenance of the City's sanitary sewer system and POTW. The applicable rates and charges shall be collected as provided in the Schedule of Rates and Charges established in this section. B. Description of Rates and Charges: 1. Types of Rates and Charges: The city shall adopt rates and charges for the administration of this program which may include: a. Rates or other charges for the recovery of costs of setting up and operating the industrial pretreatment program. b. Rates or other charges for monitoring, inspections, and surveillance procedures. c. Rates or other charges relating to accidental discharge procedures. Note that certain discharges may constitute environmental violations and be subject to municipal infractions in addition to rates and charges for the recovery of costs. October" 2023 City of Dubuque 13-2D-10 13-2D-10 d. Rates or other charges for permit applications and renewals. e. Rates or other charges for filing appeals. f. Rates or other charges for the consistent removal (by the POTW) of pollutants otherwise subject to federal pretreatment standards. g. Other rates or charges adopted from time to time as the city may deem necessary to carry out the requirements contained herein. These rates and charges relate solely to the matters covered by this article and are separate from all other fees chargeable by the city. 2. Rate Schedule: On or after September 13, 2023, the rates and charges assessed to each Significant Industrial User of the system shall include all of the following: a. A general service charge with the following two components: 1. A fixed cost facilities and administration charge in the amount of: $125.00/month; and 2. Avolumetric charge in the amount of $0.14/Ccf of flow discharged into the POTW. b. A surveillance monitoring and sample charge in the amount of three dollars ($3.00) for each sample collected. c. A laboratory testing charge in an amount equal to actual expenses incurred foreach parametertested in-house; and actual expenses incurred plus ten percent (10%) for each parameter tested by outside laboratories. d. A compliance charge for investigating incidents of program noncompliance or accidental spills in an amount equal to the amount of time actually expended multiplied by fifty dollars ($50.00) per hour. e. A wastewater discharge permit application fee in the amount of one hundred dollars ($100.00) for each wastewater discharge permit. f. A wastewater discharge permit renewal charge in the amount of fifty dollars ($50.00) per permit. A late fee of one hundred dollars ($100.00) per month shall be assessed for each month past the due date of permit renewal. October 2023 City of Dubuque 13-2D-10 13-2D-11 g. An appeal filing fee of two hundred fifty dollars ($250.00) shall be assessed at the time of appeal. h. Any person who discharges toxic substances or effluent into the POTW which exceed discharge limitations shall be assessed a charge equal to the amount of any fine, fee or penalty imposed upon the city by any federal or state agency plus any applicable municipal infractions. i. A special treatment charge for the consistent removal (by the POTW) of pollutants otherwise subject to federal pretreatment standards as established in an agreement negotiated between the city and the wastewater discharge permit applicant. (2007 Code § 44-103; amd. Ord. 38-23, 8-21-2023) 13-2D-11: ADMINISTRATION; PERMIT REQUIREMENTS; REGULATIONS: A. Wastewater Dischargers: It shall be unlawful for any significant industrial user to discharge without a permit issued by the city to any natural outlet within the city, or in any area under the jurisdiction of the city, and/or to the POTW any wastewater except as authorized by the city manager in accordance with the provisions of this article. B. Wastewater Discharge Permits: 1. All significant industrial users proposing to connect to or contribute to the I POTW shall obtain a wastewater discharge ,permit before connecting to or contributing to the POTW. All existing significant industrial users connected to or contributing to the POTW shall obtain a wastewater discharge permit within one hundred eighty (180) consecutive calendar days after the effective date hereof. 2. Users required to obtain a wastewater discharge permit shall complete and file with the city manager an application in the form prescribed by the city and accompanied by a fee of one hundred dollars ($100,00). Existing users shall apply for a wastewater discharge permit within ninety (90) consecutive days after the effective date hereof, and proposed new users shall apply at least ninety (90) consecutive calendar days prior to connecting to or contributing to the POTW. In support of the application, the user shall submit, in units and terms appropriate for evaluation, the following information: October 2023 City of Dubuque h N L6 1 rn 0 O N O O O N LO t 9 ME 0 U 16-5-13-1 16-5-13 16-5-13: C-3 GENERAL COMMERCIAL: The C-3 district is intended to provide locations re ns for commercial useway whwhichhor are designed to serve the motoring public al locations. (Ord. 52-09, 10-19-2009) 16-5-13-1: PRINCIPAL PERAUTTED USES: The following uses are permitted in the C-3 district: Agricultural supply sales. Animal hospital or clinic. Artist studio. Auditorium or assembly hall. Bakery (wholesale/commercial). Bank, savings and loan, or credit union. Bar or tavern. Barber or beauty shop. Business services. Car wash, full service. Car wash, self-service. Commercial greenhouse. Construction supply sales or service. Contractor shop or yard. Dental or medical lab. Department store (60,000 square feet maximum). Drive -up automated bank teller. I October 2023 " City of Dubuque 16-5-13-1 16-5-13-1 Farm implement sales or service. Furniture upholstery or repair. Gas station. i General office. Golf course. I Grocery store. Hotel. Indoor amusement arcade. Indoor recreation facility. Indoor restaurant. Indoor theater. Laundry, dry cleaner, or laundromat. Licensed childcare center. Medical office. Miniwarehouse. Mobile or manufactured home sales or service. Mortuary or funeral home. Moving or storage facility. Museum or library. - - Neighborhood shopping center, Parking structure. Parks, public or private, and similar natural recreation areas. Pet daycare or grooming. October 2023 City of Dubuque 16-5-13-2 16-5-13-1 Photographic studio. Place of religious exercise or assembly. Printing or publishing. Private club. Railroad or public or quasi -public utility, including substation. Registered child development home. Residential use above the first floor only. Restaurant, drive-in or carryout. Retail sales and service. School of private instruction. Service station. Tattoo parlor. Tour home. Vehicle body shop. Vehicle sales or rental. Vehicle service or repair. Vending or game machine sales or service. Wholesale sales or distributor. (Ord. 52-09, 10-19-2009; amd. Ord. 17-13, 3-18-2013; Ord. 54-19, 12-16-2019; Ord. 30-21, 9-20-2021; Ord. 3-22, 1-18-2022; Ord. 44-23, 9-18-2023) 16-5-13-2: CONDITIONAL USES: The following conditional uses may be permitted in the C-3 district, subject to the provisions of section 16-8-5 of this title: October 2023 City of Dubuque 16-5-13-6 16-5-13-2 Licensed adult day services. Outdoor recreation or outdoor amusement center. passenger transfer facility. Wind energy conversion system. (Ord. 52-09, 10-19-2009; amd. Ord. 54-19, 12-16-2019) 16-5-13-3: ACCESSORY USES: The following uses are 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. Crematorium accessory to a mortuary or funeral home. Wind turbine (building mounted). (Ord. 52-09, 10-19-2009) 16-5-13-4: 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) 16-5-13-5: PARKING: Minimum parking requirements shall be regulated in conformance with the provisions of chapter 14 of this title. (Ord. 52-09, 10-19-2009) 16-5-13-6: SIGNS: 1 Signs shall be regulated in conformance with the provisions of chapter 15 of this title. (Ord. 52-09, 10-19-2009) October 2023 City of Dubuque §— f/» w }% { / !,f —— L \\ \ / E w ¢ Z S _ . EME , 4% 2\/ O ' «f » Eb —— /=- \\ ^ E C) \ (f A 22 )D co am) \ \ E Coej _ © \\ — (D) a). _ § \�w ) \ $. 'i 0 16-5-14-1 16-5-14-1 I Furniture or home furnishing sales. Furniture upholstery or repair. Gas station. General office. I Grocery store. Hotel. Housing for the elderly or persons with disabilities. Indoor amusement center. Indoor recreation facility. Indoor restaurant. Indoor theater. Laundry, dry cleaner, or laundromat. Licensed childcare center. Medical office. Mortuary or funeral home. Neighborhood shopping center. Parking structure. Pet daycare or grooming. Photographic studio. —Place of religious exercise or assembly. Printing or publishing. Private club. Public or private park or similar natural recreation area. Public, private or parochial school approved by the state of Iowa (K - 12). August 2020 City of Dubuque 16-5-14-1 16-5-14-2 Railroad or public or quasi -public utility, including substation. ' Registered child development home. Residential use above the first floor only. Retail sales or service. School of private instruction. Service station. Shoe repair. Supermarket. Tailor or alteration shop. Tattoo parlor. Tour home. Upholstery shop. Vending or game machine sales or service. Wholesale sales or distributor. (Ord. 52-09, 10-19-2009; amd. Ord. 41-16, 8-15-2016; Ord. 54-19, 12-16-2019; Ord. 30-21, 9-20-2021; Ord. 3-22, 1-18-2022) 16-5-14-2: CONDITIONAL USES: The following conditional uses may be permitted in the C-4 district, subject to the provisions of section 16-8-5 of this title: Car wash. Drive -up automated bank teller. Licensed adult day services. Off street parking. Passenger transfer facility. Restaurant, drive-in or carryout. October 2023 City of Dubuque 16-5-14-2 16-5-14-6 Vehicle body shop. Vehicle sales or rental. Vehicle service or repair. Wind energy conversion system. (Ord. 52-09, 10-19-2009; amd. Ord. 54-19, 12-16-2019; Ord. 44-23, 9-18-2023) 16-5-14-3: ACCESSORY USES: The following uses are 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. Crematorium accessory to a mortuary or funeral home. Drive -up automated bank teller. Wind turbine (building mounted). (Ord. 52-09, 10-19-2009) 16-5-14-4: 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) 16-5-14-5: PARKING: Off street parking is not required. New surface off street parking lots are prohibited unless approved by the city council. Underground and aboveground parking garages are allowed provided they are an integral part of a new or existing building. (Ord. 52-09, 10-19-2009) 16-5-14-6: _ _.SIGNS: -- Signs shall be regulated in conformance with the provisions of chapter 15 of this title. (Ord. 52-09, 10-19-2009) October 2023 City of Dubuque \ f \ ■ \ EL a w , w )/LO w w w w w � EW k® \�/\ ƒ §m E2 42 . . . ' §_ {}\ ' /»\ ` )�® E46 ° §�2LL E\ ' § / » \ 0 \ k \ ® } § \ 76 — _ ; a) a)\ -Fa / 7 in \ a)) { co co \\ tr Z. \\ k\ ww co (D) ) w > 0 ) « » O 16-8-5-10 16-8-5-10 3. Opaque screening shall be provided for adjacent first floor residential uses in conformance with the landscaping requirements of chapter 13 of this title. Bed and breakfast home. A bed and breakfast home may be allowed in the R-1, R-2, R-2A, R-3, R-4, OR and OC districts in accordance with the following conditions: A. The structure is either regulated by chapter 10 of this title or is listed on the national register of historic places; B. When located within the R-1, R-2, R-2A districts, the use shall be maintained within an owner occupied, single-family dwelling. When located within the R-3, R-4, OR, or OC district, the use shall be maintained by a full time resident owner or resident manager; C. The structure has a minimum total floor area of four thousand five hundred (4,500) square feet, with not more than one sleeping room for each seven hundred fifty (750) square feet of floor area; D. There shall be a maximum of three (3) sleeping rooms in the R-1 and R-2A districts, five (5) sleeping rooms in the R-2 district; nine (9) sleeping rooms in the R-3, R-4, OR and OC districts; E. Signage shall be limited to one wall mounted sign not to exceed six (6) square feet in area, not internally illuminated, and with direct lighting only with a cutoff type luminaire; F. The property shall not be used for rental as a private club, museum, or tour home; and G. Parking shall be provided at a rate of one space per guestroom. The parking shall be provided on site or on a street frontage of the property, and should not intensify parking problems in the neighborhood. Bed and breakfast inn. A bed and breakfast inn may be allowed in the R-4, OR, and OC districts in accordance with the following conditions: A. The structure is either regulated by chapter 10 of this title or is listed on the national register of historic places; B. The property has a full time resident owner or resident manager; City of Dubuque 16-8-5-10 16-8-5-10 C. The structure has a minimum total floor area of four thousand five hundred (4,500) square feet, with not more than one sleeping room for each seven hundred fifty (750) square feet of floor area, with a maximum of nine (9) sleeping rooms; D. Signage shall be limited to one wall mounted, projecting sign with not more than a forty inch (40") projection, or freestanding sign, per street frontage, not internally illuminated, and with direct lighting only with a cutoff type luminaire. Signage in the R-4 district shall not exceed six (6) square feet in area; signage in the OR and OC districts shall not exceed eight (8) square feet in area; E. The property shall not be used for rental as a private club, museum, or tour home unless approved by the board; and F. Parking shall be provided at a rate of one space per guestroom. The parking shall be provided on site or on a street frontage of the property, and should not intensify parking problems in the neighborhood. Car wash. A car wash may be allowed in the C-4 district in accordance with the conditions established by the zoning board of adjustment. Car wash, self-service. A self-service car wash may be allowed in the C-2 district in accordance with the following conditions: A. A minimum of three (3) stacking spaces per bay shall be provided; B. Ingress and egress traffic flow shall be acceptable to the city site plan review team; and C. Opaque screening shall be provided for adjacent residential uses in conformance with the landscaping requirements of chapter 13 of this title. Drive -up automated bank teller. A drive -up automated bank teller may be allowed in the C-4 and CR districts in accordance with the conditions: A. Opaque screening shall be provided to screen the use from adjacent residential uses in conformance with the landscaping requirements of chapter 13 of this title. Gas station. A. A gas station may be allowed in the CR district in accordance with the conditions established by the zoning board of adjustment. October 2023 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; Ord. 44-23, 9-18-2023) 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 October 2023 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. 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Relocation Or Removal When Required By Public Needs ........................................... 11-1-7 Transfers And Assignments ............................... 11-1-11 Undergrounding......................................... 11-1-12 Procedure For Licensing Electric Transmission Line Companies..............................................11-6 Small Cell Aesthetic Guidelines ................................... 11-7 RUNNING AT LARGE, ANIMALS ................................... 7-613-7 SAFETY BELTS AND SAFETY HARNESSES IN VEHICLES ....... 9-12-321.445 SAVING CLAUSE, CITY CODE Effect Of Repeals ............................................. 1-2-2 Severability Of Parts Of Code .................................... 1-2-1 SEAL, CITY ..................................................... 1-10-4 SECONDHAND DEALERS (See Also PAWNBROKERS AND SECONDHAND DEALERS; JUNK AND AUTO SALVAGE DEALERS) ............................................ 4-6A SEWERS AND SEWAGE DISPOSAL Certain Disposal Methods Prohibited ............................. 13-2-2 Conformance With City Plumbing Rules And Regulations ............ 13-2-5 Connection To Public Sewer.... ............................... 13-2-3 Connections Prior To Improving Streets.... I ...................... 13-2-4 Construction, Maintenance And Operation Costs ................... 13-2-6 Definitions .................................................. 13-2-1 Destruction Of Sewage Works Property ........................... 13-2-8 Discharge Regulations Authority To Enter Easement Property For Sewage Works Inspection And Repair ............................ 13-2A-10 Authority To Enter Properties For Testing Discharges............................................13-2A-9 Authority To Regulate Discharge Of Harmful Substances ....................... ....... .......... ...13-2A-4 Discharge Of Harmful Substances .......................... 13-2A-3 Discharge Of Objectionable Items ........................... 13-2A-2 Discharge Of Stormwater And Other Unpolluted --- -- - -Drainage.—.-: , ................................. . 13-2A 1 Manholes, Meters And Sampling Equipment .................. 13-2A-7 Responsibilities Of Owners Of Treatment Or Flow Equalizing Facilities ..................................... 13-2A-6 Special Agreements Authorized ............................ 13-2A-5 Testing Standards.......................................13-2A-8 February 2019 City of Dubuque _S- -S- SEWERS AND SEWAGE DISPOSAL (cont.) Fats, Oils And Greases (FOG) Program Abatement Remedies; Penalties ............................ 13-2E-9 Application ............................................. 13-2E-4 Definitions.............................................13-2E-2 Emergency Abatement Procedure ......................... 13-2E-10 Fats, Oils And Greases (FOG) Program Developed ............. 13-2E-6 Inspection Fee ................. ......................... 13-2E-7 Permit................................ ......... ........ 13-2E-3 Permit Fee ......... .......................... .......... 13-2E-5 Purpose................ ............................... 13-2E-1 Violation...............................................13-2E-8 Industrial Pretreatment Program Abbreviations ........................................... 13-2D-3 Accidental Discharge/Slug Control Plan ...................... 13-2D-8 Administration; Permit Requirements; Regulations ............ 13-2D-11 Definitions ............................................. 13.2D-2 Enforcement; Violation Notice; Hearing ..................... 13-2D-12 Excessive Discharge ........ ............................. 13-2D-7 Federal Categorical Pretreatment Standards .................. 13-2D-5 General Discharge Prohibitions .............................. 13-2D-4 Notice Of Potential Problems Including Slug Loadings .......... 13-2D-9 Penalty; Costs _........................................ 13-2D-13 Purpose And Policy......................................13-2D-1 Rates And Charges ..................................... 13-2D-10 Specific Pollutant Limitations ............................... 13-2D-6 Notice Of Violation; Time Limit For Correction ...................... 13-2-9 Private Disposal Systems; Private Haulers Abandonment Of Private Treatment And Disposal System ....... 13-213-5 Appeals From Orders Of City Manager ....................... 13-2B-7 Connections To Private Treatment And Disposal Systems ....... 13-213-3 Issuance Of Permit; Inspection; Completion Of Installation ....... 13-213-2 Permit' Required; Application, Form And Fee .................. 13-2B-1 Private Disposal Facilities Not Expense To City ................ 13-2B-4 Private Haulers ......................................... 13-213-8 Right Of Entry For Inspection And Testing .................... 13-2B-6 Rates Areas Not Served By Public System ......................... 13-2C-4 Cost Of Collection ....................................... 13-2C-6 Definitions ...................... ....................... 13-2C-2 Lien For Failure To Pay ................................... 13-2C-5 Purpose... ......................... ...................13-2C-1 Rates Established ....................................... 13-2C-3 Sanitary Sewer Connection Fees ................................ 13-2-7 October 2023 City of Dubuque