The URL can be used to link to this page

1985 March Council ProceedingsSpecial Session, Feburary 25, 1985 Nays--None. Council Member Beurskens moved that the rule requiring an Ordinance to be read at 3 separate meetings be dispensed with. Seconded by Council Member Manning. Carried by the following vote: Yeas--Mayor Brady, Council Mem- bers Beurskens, Deich, Hammel, Klues- ncr, Kronfeldt, Manning. Nays--None. ORDINANCE NO. 11-85 AN ORDINANCE AMENDING THE CODE OF ORDINANCES OF THE CITY OF DUBUQUE, IOWA BY REPEALING THE DEFINI- TION OF HEALTH OFFICER IN SECTION 20-2 THEREOF AND ENACTING A NEW DEFINITION OF HEALTH OFFICER IN SEC- TION 20-2 IN LIEU THEREOF PROVIDING FOR A DEFINITION OF HEALTH OFFICER FOR THE PURPOSES OF ADMINISTERING AND ENFORCING PROVISIONS OF CHAPTER 20.. NOW THEREFORE, BE IT ORDAINED BY THE CITY COUN- CIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the Code of Ordi- nances of the City of Dubuque, Iowa be amended by repealing the definition of Health Officer in Section 20-2 thereof and enacting a new definitinn of Health Officer in Section 20-2 in lieu thereof as follows: "Sec. 20-2. Definitions. Health Officer is the Housing Services Division Manager for the purposes of adininistering and enforcing the provi- sions of Chapter 20 of the Code of Ordinances of the City of Dubuque, Passed, approved and adopted this 25th day of February, 1985. James E. Brady Mayor ATTEST: Mary A. Davis City Clerk Published officially in the Telegraph Herald newspaper this 8th day of March, 1985. Mary A. Davis City Clerk It 3/8 Council Member Beurskens moved final adoption of the Ordinance. Seconded by Council Member Mann- ing. Carried by the following vote: Yeas--Mayor Brady, Council Mem- bers Beurskens, Deich, Hammel, Klues. ncr, Kronfeldt, Manning. Nays--None. Bud Isenhart addressed the Council and questioned if the adoption of the Capital Improvement Program was proper. Corporation Counsel assured him that it was. There being no further business, Council Member Kronfeldt moved to adjourn. Seconded by Council Member HammeL Carried by the fullowing vote: Yeas--Mayor Brady, Council Mem- bers Beurskens, Delch, Hammel, Klues- ncr, Kronfeldt, Manning. Nays--None. ADJOURNED 8:30 P.M. Mary A. Davis City Clerk Approved 1985 Adopted 1985 Mayor Council Members ATTEST: City Clerk Regular Session, March 4, 1985 CITY COUNCIL OFFICIAL Regular Session, March 4, 1985. Council met at 7:30 o'clock p.m., in the Public Library Auditorium. Present--Mayor Brady, Council Members Beurskens, Deich, Hamme] Kronfeldt, Manning, City Manager W. Kenneth Gearhart, Assistant City At- torney Tim O'Brien. Absent--Council Member Klues- ncr Mayor Brady read the call and stated that service thereof bed been duly made and this meeting is the REGULAR MONTHLY MEETING OF THE CITY COUNCIL called for the purpose to act upon such business which may properly come before the Council. INVOCATION was given by Msgr. Francis Friedl. Pastor St. Coinmbkille's Church. PROCLAMATIONS--Month of March as "Mental Retardation Month" received by Wm. Schmeichel. March 1 through April 7 as "Easter Seal Week in Dubuque" received by Mary Biggins. Terry Sullivan, President of Downtown Association advised of a "Discovery Meeting" to be held on March 5, 1985. Jerry Guy of the Durrant Group gave a report on the status and pro- gress of the Dog Track Facility. Proof of Publication, certified to by the Publisher, on Notice of Public Hearing on intention to issue In- dustrial Development Revenue Bonds (Frommelt Partnership Project II) in an amount not to exceed 5800,000. presented and read. No written objec- tions were received and or oral objec- tors were present at the public hear- ing. Council Member Dcich moved to suspend the rules to let anyone pre- sent address the Council if they so desire. Seconded by Council Member Kronfeldt. Carried by the following vote: Yeas--Mayor Brady, Council Mem- bers Beurskens, Deich, Hammel, Kron- feldt, Manding. Nays--None. Absent--Council Member Klues- Council Member Beurskens moved that the proof of publication be received and filed. Seconded by Council Member Kronfeldt. Carried by the following Yeas--Mayor Brady, Council Members Beurskens, Deich, Hammel, Kronfeldt, Manning. Nays--None. Absent--Council Member Klues- RESOLUTION NO. 61-85 Resolutlon to Proceed with the Is- suance and Sale of Industrial Develop- ment Revenue Bonds, Series 1985 (Frommelt Partnership Project II) in an aggregate principal amount not to exceed $800,000 WHEREAS, the City of Dubuque. Iowa, in the County of Dubuque, State of Iowa (the "Issuer"), is an nicor- porated municipality authorized and empowered by the provisions of Chapter 419 of the Code of Iowa, 1983, as amended (the "Act"), to issue revenue bonds for the purpose of finan- cing the cost of acquiring, by construc- tion or purchase, land, buildings, im- provelnents and equipment, or any in- terest therein, suitable for the use of any industry or industries for the manufacturing, proces(mg or assembl- lng of any agricultural or manufactured products or of any commercial enter- prise engaged in storing, warehousing or distributing products of agriculture, ~ninlng or industry, or of a national, regional or divisional headquarters facility of a company that does mditistate business; and WHEREAS, the Issuer has been re- quested by Frommelt Partnership (the "Company"), an Iowa general partner- ship, to issue its industrial development revenue bonds to finance the Company's acquisition by construction or purchase of an approximately 28,000 square foot building, equipment and im- provements suitable for use as a warehouse/manufacturing addition of an existing faci~ty to be leased to Frommelt Industries, Inc. (the "Lessee") for the manufacture of loading dock shelters, impact doors, safety equipment (fire resistant fabrica- tions) and other heavy textile products (the "Project"l to be located at 4343 Regular Sessio~ March4,1985 10! 100 Regular Session, March 4, 1985 Chavenelle Drive within the Issuer, which will promote the welfare of the Issuer and its citizens; and WHEREAS, it is proposed to finance the cost of the Project through the issuance of Industrial Develop- ment Revenue Bonds, Series 1985 (Frommelt Partnership Project II), of the Issuer in an aggregate principal amount not to exceed $800,000 (the "Bonds") and to loan said amount to the Company under a Loan Agreement between the Issuer and the Company, the obligation of which will be suffi- cient to pay the principal of and in- terest and redemption premium, if any, on the Bonds, as and when the same shall be due; and WHEREAS, notice of intention to issue the Bonds has, as directed by the City Council of the Issuer, been duly given in compliance with the Act and Section 103(k) of the Internal Revenue C, de; and WHEREAS, a public hearing has been held on the proposal to issue the Bonds at the time and place as specified in said notice and all objec- tions or other comments relating to the issuance of the Bonds have been fieard; NOW, THEREFORE, BE IT RESOLVED by the City Council of the Issuer, as follows: Section L It is hereby determined it is necessary and advisable that the Issuer proceed with the issuance and sale of the Bonds as authorized and permitted by the Act to finance the cost of the Projec~ and such actions will be taken by the Issuer as may be required pursuant to the provisions of the Act to authorize, issue and sell the Bonds. Section 2. The Issuer will enter into all agreements necessary to be entered into by the Issuer in connection with the issuance and sale of the Bonds. The City Attorney shall approve all agreements to be entered into in con- nection with the issuance of the Bonds and such agreements shall be authoriz- ed and approved after due considera- 5on by this Council prior to their ex- ecution by the Issuer. Section 3. The Mayor, the City Clerk and the City Attorney are hereby authorized and directed to do any and all things deemed necessary in order to effect the accomplishment of the Pro- ject and the issuance and sale of the Bonds. Section 4. All resolutions and parts thereof in conflict herewith are hereby repealed to the extent of such conflict. Section 5. This Resolution shall become effective immediately upon its passage and approval. Passed, adopted and approved this 4th day of March, 1985. James E. Brady Mayor ATTEST: Mary A. Davis City Clerk Council Member Beurskens moved adoption of the Resolution. Seconded by Council Member Kronfeldt. Carried by the following vote: Yeas--Mayor Brady, Council Mem- bers Beurskens, Deich, Hummel, Kronfeldt, Manning. Nays--None. Absent--Council Member Klues- her Proof of Publication, certified to by the Publisher, on Notice of Public Hear- ing to consider an Ordinance vacating unused streets and alleys which are presently in subdivision owned or being used by Chicago, Milwaukee, St. Paul and Pacific Railroad Company, presented and read. No written objec- tions were received and oral objectors were present at the time of the public hearing. Council Member Kronfeldt moved that the proof of publication be received and filed. Seconded by Council Member Beurskens. Carried by the following vote: Yeas--Mayor Brady, Council Mem- bers Beurskens, Deich, Hummel, Kronfeldt, Manning. Nays--None. Absent--Council Member Klues- ncr ORDINANCE NO. 12-85 AN ORDINANCE VACATING UNUSED STREETS AND ALLEYS WHICH ARE PRESENTLY IN SUB- DIVISION OWNED OR BEING US- ED BY CHICAGO, MILWAUKEE, ST. PAUL AND PACIFIC RAILROAD COMPANY, said Or- dinance having been previously presented and read at the Council Meeting of February 18, 1985, presented for final adoption. ORDINANCE NO. 12-85 AN ORDINANCE VACATING UNUSED STREETS AND ALLEYS WHICH ARE PRESENTLY IN SUBDIVISION OWNED OR BEING USED BY CHICAGO, MILWAU- KEE, ST. PAUL AND PACIFIC RAILROAD COMPANY. WItEREAS, the Chicago, Mliwau- kee, St. Paul and Pacific Railroad Company has requested the vacathm of numerous streets and alleys on prnperty owned or used by the rail- road in the City of Dubuque, Iowa; and WHEREAS, the City of Dubuque, Iowa and Chicago, Milwaukee, St. Paul and Pacific Railroad Company have entered into an agreement to allow the City of Dubuque, Iowa to receive certain property presently owned hy the railroad; and WHEREAS, the City Council of the City of Dubuque, Iowa has determined that the streets and alleys are no longer required for public use, the vacating of streets and alleys should be approved. NOW, THEREFORE, BE IT ORDAINED, by the City Council, the City of Dubuque, Iowa: Section 1. That the following described real estate in the City of Dubuque, Iowa be in the same as hereby vacated: Vacated Cedar Street lying between Vacated East Nineteenth Street and Garfield Avenue (formerly Lake Street); the Vacated alley extending from Vacated East Nineteenth Street to Garfield Avenue (formerly Lake Street), between Vacated Cedar Street and Vacated Sycamore Street; thc Vacated Alley next west of Vacated Cedar Street extending from Vacated East Nineteenth Street to Couler Creek; that part of Vacated Lynn Street lying between Vacated East Nine- teenth Street and Garfield Avenue (Iormcr~y Lake Street); that part of the Vacated Peosta Street from Vacated Sycamore Street to the inter~ction with Vacated Ash Street; the Vacated Alley between Garfield Avenue (formerly Lake Street) and Vacated Peosta Street through Blocks 7 and 8, in Railroad Addition; that part of Vacated Ash Street from the intersectten of Vacated Peosta Street to Vacated East Nine- ~eenth Street; that part of Vacated East Twentieth Street from the east line of Vacated Lynn Street to the west line of Vacated Marsh Street (formerly Wil- low Street); the Vacated Alley in Block 18, Rail- road Addition, extending from the Sec- tion line between Sections 18 and 19, Townsi~p 89 North, Range 3 East of 5th P.M., to Vacated East Twentieth Street; the Vacated Alley in Blocks 11 and 12, in Railroad Addition, extending fi'om Vacated Ash Street to Vacated East Nhieteenth Street; the Vacated Alley in Block 6, Rail- road Addition, extending from Vacated Peosta Sereet to Vacated East Nine- teenth Street; the Vacated Alley in Block 17, in Railroad Addition; Vacated Sycamore Street extending from Vacated East Nineteenth Street to Garfield Avenue (formerly Lake Street); that part of Vacated Marsh Street (formerly Willow Street) from the north line of Vacated East Twentieth Street to the north end of said Marsh Street; that part of the Vacated Alley lying between lots I, 2, 3, 4, 5, 6, 7, 8, 9, 20, 21, 22, 23, 24, 25, 26, 27, and 28, in Block 2, in "Wiltse Dubuque, 1845" (also known as Wiltse's Addition); that part of Vacated Wayne Street (formerly East 21st Street) commenc- ing at the westerly line of Vacated Hickory Street (formerly Birch Street) thence westerly to the terminus of said Wayne Street (formerly East 21st Street); that pm't of the Vacated Alley lying between lots 1, 14 and 15, in Block 4, in "Wiltse's Dubuque, 1~45" (also known as Wiltse's Addition); that part of Vacated Peosta Street (described as - "the unnamed strip of street shown on the plat of McCraney's Addition") from the northerly line extended of Schiller Street to the northeasterly line of Mineral Lot 303; that part of Vacated Hickory Street (formerly Birch Street) lying between Blocks 1 and 4, in "Wiltse's Dubuque, 1843" (also known as Wiltse's Addi- tion); that part of Vacated Ash Street lying between Blocks 12 and 17, in Railroad Addition; the alley lying between lots 1, 2, 3, 4, 5, 6, 7, 8, 9, and 10, of the subdivision of Mineral Lot 107; Lot 2, Block 5, Dubuque Packing Company Addition; Lot 1 of"Vacated 102 Regular Session, March 4, 1985 East Nineteenth Street between East line of Mineral Lot 106 and West line of original Sycamore Street Extended"; Lot 1 of Lot i of Vacated Maple Street north of 18th Street; Lot 2 of Lot "B" of lot 1 of lot 305, East Dubuque No. 2; the alley lying between lot 2 of lot 240, lot 2 of lot 241, 302 and 303, in "East Dubuque No. 2"; that part of East Eighteenth Street (not vacated) from the east line of Pine Street to the westerly line of lot 300 C and 800 A in East Dubuque No. the northerly 141.76 feet of the alley lying between lots 242, 243, 244, lot 2 of lots 300 and 301, lot 2 of lot 1 of lots 300 and 301, and lot 2 of lot 299, in East Dubuque No. 2; that part of East Seventeenth Street lying between lots 246 and 247 in East Dubuque No. 2; that part of Vacated Marsh Street (formerly Willow Street) from the north line of East 19th Street to the south line of East 20th Street; that part of Vacated East 20th Street from the west line of Marsh Street (formerly Willow Street) to the west line of Hickory Street, the vacated alley in Block 21, the vacated alley in Block 27, the vacated alley in Block 20; that part of vacated Hickory Street lying between Blocks 20 and 27, the alley in Block 26; that part of Hickory Street lying north of East Nineteenth Street to the north line of East Twentieth Street; that part of East TwenUleth Street lying east of the east line of Hickory Street to the westerly line of lot 4 of FDL First Addition; that part of Brook Street from the north line of East Nineteenth Street to the south line of East Twentieth Street; all in "Rail Road Addition" (also known as - Railroad Addition); that part of the vacated afiey, lying between lots 10, 11, 12, 13, 14, 15, 16, 17, 18, 19, in Block 2; that part of vacated Hickory Street (fommrly Birch Street) lying between Blocks 2 and 3, the vacated alley in Block 3; that part of vacated Wayne Street (formerly East 21st Street lying between the west line of Brook Street (formerly Hickory Street) and the west line of Hickory Street (formerly Birch Street); that part of the vacated alley, lying between lots 2, 3, 4, 5, 6, 7, 8, 9~ 10, 11, 12, and 13, in Block 4; that part of vacated Brook Street (formerly Hickory Street) lying between lots 14, 15, 16, 17, and 18, in Block 4, and lots 3, 4, 5, 6, 7, 8, 9, 10, in Block 5; that part of the vacated alley lying between lots 1, 2, 3, 30, 31, 32, and 33, in Block 5; that part of Brook Street (formerly Hickory Street) lying north of the north line of East Twentieth Street to the south line of lot 14, in Block 4, and the south line of lot 10, in Block 5; Linden Street (formerly Aspen Street) from the north line of Wayne Street (formerly East 21st Street) to tbe south line of Peosta Street, and from the south line of Wayne Street (formerly East 21st Street) to the west- erly line of Lot 4 of FDL First Addi- tion, the alley in Block 6, the alley in Block 8; that part of the alley in Block 5, from the north line of Wayne Street (formetiy East Twenty First Street) to the south line of lots 3 and 30, in said Block 5; that part of vacated Peosta Street (described as - "the unnamed strip of street shown on the plat of McCraney's Addition") from the northerly line extended of Schiller Street to the southerly line extended of Linden Street (formerly Aspen Street) and Farley Street (formerly Middle Avenue); that part of Peosta Street (described as "the unnamed strip or street shown on the plat of McCraney's Addition") from the southerly line extended of Linden Street (formerly Aspen Street) and Farley Street (formerly Middle Avenue) to the southerly line extended of lot i of lot 2 of lot 20 in Jaeger's Subdivision; that part of Wayne Street (formerly East Twenty First Street) from the east line of Brook Street (formerly Hickory Street) to the westerly line of lot 2 of FDL First Addition. all in Wiltse's Dubuque, 1845" (also known as Wiltse's Addition). Section 2. The City reserves unto itseff perpetual easements in, over, and across said real estate for public utili- ties, together with and including the right of ingress and egress thereto, with the purpose of repairing and maintain- lng the existing sewer, water and public utilities. Section 3. The City Clerk be and is hereby authorized and directed to cause notice of intent to dispose of said rea] estate in a manner as described by Regular Session, March 4, 1985 103 Section 4. That the conveyance of the above described real estate is hereby approved upon the Chicago, Milwaukee, St. Paul and Pacific Rail- road Company conveying to the City of Dubuque lot 1 of Kerper Industrial Subdivision No. i in the City of Dubuque, Iowa according to the recorded plat thereof and granting easements to the City of Dubuque for tbe purpose of constructing, repairing, and maintaining existing public utili- ties in, over and across Chicago, Mil- waukee, St. Paul and Pacific Raiiroad Company property. PASSED, APPROVED, AND ADOPTED this 4th day of March, 1985, James E. Brady Mayor ATTEST: Mary A. Davis City Clerk Published officially in the Telegraph Herald newspaper this 12th day of Mm'ch, 1985 Mary A. Davis City Clerk it 3/12 Council Member Kronfeldt moved final adoption of the Ordinance. Seconded by Council Member Beur- skens. Carried by the following vote: Yeas--Mayor Brady. Council Mem- bers Beurskens, Deich, Hammel, Kronfeldt, Manning. Nays--None. Absent--Council Member Klues- ncr RESOLUTION NO. 62-85 Resolution approving the sale of vacated streets and alleys in subdivisions and properties presently owned by the Chicago, Milwaukee, St. Paul and Pacific Railroad Company. WHEREAS, pursuant to Resolution and public notice of time and place of hearing established in the Telegraph Herald. a newspaper of general circula- tion published on Feb. 22, 1985, in the City of Dubuque, Iowa the City Coun- til, Dubuque, Iowa met on the 4th day of March, 1985 at 7:30 p.m. at the Dubuque Public Library, Dubuque, Iowa to consider the proposal disposing of real estate of the City of Dubuque. Iowa being that property as described on the attached Ordinance No. 12-85; and WHEREAS, such property as to be conveyed to Chicago, Milwaukee. St. Paul and Pacific Ralkoad Company with the consideration of the Railroad conveying property known as lot I of Kerper Industrial Subdivision No. one in the City of Dubuque, Iowa accor- ding to recorded plat thereof; and WHEREAS. the City Council of the City of Dubuque, Iowa has overruled any and all objections, oral or written. to the proposal to dispose of the in- terest of the City of Dubuque, Iowa in the herein described and attached real estate to the above named grantee. NOW. THEREFORE, BE IT RESOLVED by the City Coun(ll of the City of Dubuque. Iowa: Section 1. That disposal of the in- terest of the City of Dubuque, in the property' as described in the attached Ordinance No. 12-85 is hereby approvec~ Section 2. That the mayor be and he is hereby authorized and directed to ex- ecute a Quit Claim Deed, and the City Clerk be and she is hereby directed and authorized to deliver Deed of Con- veyance, conveying the attached described real estate to the attached named grantee upon receipt of Deed conveying to the City of Dubuque lot 1 of Kerper Subdivision #1 and easements for public utilities on Chicago, Milwaukee, St. Paul and Pacific Railroad property. Passed, adopted and approved this 4th day of March, 1985. James E. Brady Mayor ATTEST: Mary A. Davis City Clerk Council Member Kronfeldt moved adoption of the Resolution. Seconded by Council Member Beurskens. Carried by the following vote: Yeas--Mayor Brady, Council Mem- bers Beurskens, Deich, Hammel, Kronfeldt, Manning. Nays--None. 104 Regular Session, March 4, 1985 Absent--Council Member Klues- net Proof of Publication, certified to by the Publisher, on Notice of Pendency of Resolution of Necessity for public improvements and public hearing upon proposed plans, specifications, etc. for the Dubuque Greyhound Park Off-Site Roadway Improvements, presented and read. No written objec- tions were received and no oral objec- tors were present at the time of the Public Hearing. Council Member Beur- skens moved that the proof of publica- tion be received and filed. Seconded by Council Member Kronfeldt. Carried by the following vote: Yeas--Mayor Brady, Council Mem- bers Beurskens, Deich, HammeL Kronfeldt, Manning. Nays--None. Absent--Council Member Klues- net (NECESSITY FOR IMPROVEMENT) RESOLUTION NO. 3585 WHEREAS, proposed plans have been duly prepared and approved by the City Council of the City of Dubu- que, Iowa, and are now on file in the of- rice of the City Clerk showing among other things the plans, specifications and form of contract for the improve- ment, and an estimate of the cost for the Dubuque Greyhound Park- Off-Site Roadway Improvements. BE IT THEREFORE RESOLVED that the City CouncLl deems it ad- visable and necessary for the public welfare to make the herein mentioned improvement, and unless interested persons at the time of the final con- sideration of this proposed resolution have filed objections with the City Clerk to the proposed plans, specifica- tions, contract or esthnated cost of the improvement, they shall be deemed to have waived all objections thereto. Said improvement shall be con- stracted and done in accordance with the plans and specificaU~ons which have been approved by the City Council and are now on file with the City Clerk. That the cost and expense of making such improvement will be paid from General Obligation Bonds. The above resolution was introduced approved and ordered placed on file with the City Clerk this 4th day of February, 1985. Approved and placed on file for final action. James E. Brady Mayor ATTEST: Karen M, Chesterman Deputy City Clerk RECORD OF FINAL ADOPTION The foregoing resolution was finally passed and adopted, as proposed by the City Council this 4th day of March, 1985. James E. Brady Mayor ATTEST: Mary A. Davis City Clerk Council Member Beurskens moved adoption of the Resolution. Seconded by Council Member Kronfeldt. Carried by the following vote: Yeas--Mayor Brady, Council Mem- bers Beurskens, Deich, Hammel, Kronfeldt, Manning. Nays--None. Absent--Council Member Klues- ner DECISION OF COUNCIL UPON OB- JECTIONS TO PLANS, SPECIFICA- TIONS, FORM OF CONTRACT AND COST OF IMPROVEMENTS RESOLUTION NO. 63-85 WHEREAS, proposed plans and specifications and form of contract for the Dubuque Greyhound Park - Off-Site Roadway Improvements have been ap- proved by the City Council of the City of Dubuque and public notice given as provided by the Code of Iowa pertain- lng to public contracts and bonds, and the tune and place fixed for the hearing of all objections to said plans, specifica- tions or contract for or cost of such im- provements, said time being this 4th day of March, 1985; and WHEREAS, the City Council met in regalar session this 4th day of March, 1985, at 7:30 p.m. at the Public Library Auditorium for the purpose of hearing all interested parties and considering any and all objections which have been Regular Session, March 4, 1985 105 filed to the proposed plans, specifica- tions or contract for or cost of the im- provement herein described and pro- posed to be made; and WHEREAS, all interested parties have been given an opportunity to be heard and all objections which have been duly weighed and considered; NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Dubuque, that all objec- tions which have been made and filed to the plans, specifications, contract for or cost of said improvement herein described and proposed to be made, be and the same hereby overruled and such plans, specifications and form of contract heretofore approved are hereby adopted. BE IT FURTHER RESOLVED that this resolution containing the decision of this City Council upon all objections which have been filed to the plans, specifications and form of cost said improvement be made a matter of permanent record in connection with said improvement. Passed, adopted and approved this 4th day of March, 1985. James E. Brady Mayor ATTEST: Mary A. Davis City Clerk Council Member Beurskens moved adoption of the Resolution. Seconded by Council Member Kronfeldt. Carried by the following vote: Yeas--Mayor Brady, Council Mem- bers Beurskens, Deich, Hammel, Kronfeldt, Manning. Nays--None. Absent--Council Member Klues- net (ORDERING CONSTRUCTION) RESOLUTION NO. 64-85 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBU- QUE that pursuant to a Resolution of Necessity No. 35-85 which was duly passed by this Council for the Dubuque Greyhound Park - Off-Site Roadway Lnprovements be and the same are hereby ordered and constructed by this Council upon its own motion and with or without the petition of property owners. All the work shall be con- structed in accordance with the plans and specifications heretofore adopted and now on file in the office of the City Clerk. BE IT FURTHER RESOLVED that the cost and expense of the said im- provement be paid from General Obligation Bonds. BE IT FURTHER RESOLVED that this resolution being deemed urgent and of immediate necessity shall be in force and effect from and after its passage and adoption by the City Coun- cil. Passed, adopted and approved this 4th day of March, 1985. James E. Brady Mayor ATTEST: Mary A. Davis City Clerk Council Member Beurskens moved adoption of the Resolution. Seconded by Council Member Kronfeldt. Carried by the following vote: Yeas--Mayor Brady, Council Mem- bers Beurskens, Deich, Hammel, Kronfeldt, Manning. Nays--None. Absent--Council Member Khies- net Proof of Publication, certified to by the Publisher, on Notice to Contractors of the receipt of proposals for the Dubu- que Greyhound Park Off-Site Roadway Improvements, presented and read. Council Member Beurskens moved that the proof of publication be received and flied. Seconded by Courted Member Kronfeldt. Carried by the following vote: Yeas--Mayor Brady, Council Mem- bers Beurskens, Deich, Hammel, Kronfeldt, Manning. Nays--None. Absent--Council Member Klues- her Communication of City Manager recommending to award contract for said project to Quad City Construction in the amount of $356,438.90, presented and read. Council Member Beurskens moved that the communication be re- 106 Regular Session, March 4, 1985 ceived and filed. Seconded by Council Member Kronfeldt. Carried by the following vote: Yeas--Mayor Brady, Council Mem- bers Beurskens, Deich, Hammel. Kronfeldt, Manning. Nays--None. Absent--Council Member Klues- ner AWARDING CONTRACT RESOLUTION NO. 65-85 WHEREAS, sealed proposals have been submitted by contractors for the Dubuque Greyhound Park Off-Site Roadway Improvements pursuant to Resolution No. 37-85 and notice to bid- ders published in a newspaper publish- ed in the City of Dubuque, Iowa on the 8th day of February, 1985. WHEREAS, said sealed proposals were opened and read on the 21st day of February, 1985 and it has been deter- mined that the bid of Quad City Con- structinn Co. of East Moline, Illinois in the amount of $356,438.90 was the lowest bid for the furnishing of all labor and materials and performing the work as provided for in the plans and specifications. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Dubuque, Iowa: That the contract for the above im- provement be awarded to Quad City Construction Co. and the Manager be and is hereby directed to execute a con- tract on behalf of the City of Dubuque for the complete performance of the work. BE IT FURTHER RESOLVED: That upon the signing of said con- tract and the approval of the contrac- ter's bond, the City Treasurer is authorized and instructed to return the bid deposits of the unseccessful bid- data. Passed, adopted and approved this 4th day of March, 1985. James E. Brady Mayor ATTEST: Mary A. Davis City Clerk Council Member Beurskens moved adoption of the Resolution. Seconded by Council Member Kronfeldt. Carried by the following vote: Yeas--Mayor Brady, Council Mem- bets Beurskens, Deich, Hammel, Kronfeldt, Manning. Nays--None. Absent--Council Member Klues- net Proof of Publication, certified to by the Publisher, on Notice of Public Hear- ing on Notice of Pendency of Resolution of Necessity for public improvements and public hearing on proposed plans and specifications for the Dog Racing Facility Bid Package "E', presented and read. No written objections were received and no oral objectors were pre- sent at the public hearing. Council M~mber Beurskens moved that the pr~- of of publication be received and filed. Seconded by Council Member Kron- feldt. Carried by the following vote: Yeas--Mayor Brady, Council Mem- bers Beurskens, Deich, Hammel, Kronfeldt, Manning. Nays--None. Absent--Council Member Kkies- ner INECESSITY FOR IMPROVEMENT) RESOLUTION NO. 49-85 WHEREAS, proposed plans have been duly prepared and approved by the City Council of the City of Dubu- que, Iowa, and are now on file in the of- rice of the City Clerk showing among other things the plans, specifications and form of contract for the improve- ment, and an estimate of the cost for the Dubuque Dog Racing Facility Bid Package "E" consisting of Contract #16 - Wall Finishes; Contract #17 - Floor Finishes; Contract #18 - Ceramic Tile Installation; Contract #19 - Signage; Contract #20 - Landscaping. BE IT THEREFORE RESOLVED that the City Council deems it ad- visable and necessary for the public welfare to make the herein mentioned improvement, and unless interested persons at the time of the final con- s~deration of this proposed resolution have filed objections with the City Clerk to the proposed plans, specifica- tions, contract or estimated cost of the Regular Session, March 4, 1985 107 improvement, they shall be deemed to have waived all objections thereto. Said improvement shall be con- structed and done in accordance with the plans and specifications which have been approved by the City Coun- cil and are now on file with the City Clerk. That the cost and expense of making such improvement will be paid from General Obligation. The above resolution was introduc- ed. approved and ordered placed on file with the City Clerk this 18th day of February, 1985. Approved and placed on file for final action. APPROVED: James E. Brady Mayor ATTEST: Mary A. Davis City Clerk RECORD OF FINAL ADOPTION The foregoing resolution was finally passed and adopted, as proposed by the City Council this 4th day of March, 1985. James E. Brady Mayor ATTEST: Mary A. Davis City Clerk Council Member Beurskens moved adoption of the Resolution. Seconded by Council Member Kronfeldt. Carried by the following vote: Yeas--Mayor Brady, Council Mem- bers Beurskens, Deich, Hammel, Kronfeldt, Manning. Nays--None. Absent--Council Member Klues- her DECISION OF COUNCIL UPON OBJECTIONS TO PLANS, SPECIFICATIONS, FORM OF CONTRACT AND COST OF IMPROVEMENTS RESOLUTION NO. 66-85 WHEREAS, proposed plans and specifications and form of contract for the Dubuque Dog Racing Facility Bid Package "E" consisting of Contract #16 - Wall Finishes; Contract #17 - Floor Finishes; Contract #18 - Ceramic Tile Installation; Contract #19 - Signage; Contract #20 - Landscaping have been approved by the City Coun(d of the Ci- ty of Dubuque and public notice given as provided by the Code of Iowa per- mining to public contracts and bonds, and the time and place fixed for the hearing of ali objections to said plans, specifications or contract for or cost of such improvements, said time being this 4th day of March, 1985; and WHEREAS, the City Council met in regular session this 4th day of March, 1985, at 7:30 p.m. at the Carnegie-Stout Library Auditorium for the purpose of hearing ali interested parties and con- sidering any and ali objections which have been filed to the proposed plans, specifications or contract for or cost of the improvement herein described and proposed to be made; and WHEREAS~ ali interested parties have been given an opportunity to be beard and all objections which have been duly weighed and considered; NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Dubuque, that ail objections which have been made and filed to the plans, specifications, contract for or cost of said improvement herein described and proposed to be made, be and the same hereby overruled and such plans, specifications and form of contract heretofore approved are hereby adopted. BE IT FURTHER RESOLVED that this resolution containing the decision of this City Council upon all objections which have been filed to the plans, specifications and form of cost said im- provement be'made a matter of perma- nent record in connection with said im- provement. Passed, adopted and approved this 4th day of March, 1985. James E. Brady Mayor ATTEST: Mary A. Davis City Clerk Council Member Beurskens moved adoption of the Resolution. Seconded by Council Member Kronfeldt. Carried by the following vote: Yeas--Mayor Brady, Council Mem- bers Beurskens, Deich, Hammel, 108 Regular Session, March 4, 1985 Kronfeldt, Manning. Nays--None. Absent--Council Member Klues- ner (ORDERING CONSTRUCTION) RESOLUTION NO. 67-85 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBU- QUE that pursuant to a Resolution of Necessity No. 49-85 which was duly passed by this Council for the Dubu- que Dog Racing Facility Bid Package "E" consisting of Contract #16 - Wall Finishes; Contract //17 - Floor Finishes; Contract #18 - Ceramic Tile Instailatinn; Contract #19 - Signage; Contract #20 - Landscaping be and the same are hereby ordered and con- structed by this Council upon its own motion and with or without the peti- tion of property owners. All the work shall be constructed in accordance with the plans and specifications heretofore adopted and now on file in the office of the City Clerk. BE IT FURTHER RESOLVED that the cost and expense of the said improvement be paid from General Obligation. BE IT FURTHER RESOLVED that the City Clerk be and is hereby directed to advertise for proposals for the construction of the improvements herein provided, to be published in a newspaper having general circulation in the City of Dubuque, Iowa, which notice shall not be less than four days nor more than twenty days prior to the receipt of said proposals at 2:00 p.m. the 28th day of February, 1985. Bids shall be opened and read by the City Clerk at said time and will be submit- ted to the Council for final action at a meeting to be held at the Carnegie- Stout Library Auditorium at 7:30 p.m. on the 4th day of March, 1985. BE IT FURTHER RESOLVED that this resolution being deemed urgent and of immediate necessity shall be in force and effect from and after its passage and adoption by the City Council. Passed, adopted and approved this 4th day of March, 1985. James E. Brady Mayor ATTEST: Mary A. Davis City Clerk Council Member Beurskens moved adoption of the Resolution. Seconded by Council Member Krunfeldt. Carried by the following vote: Yeas--Mayor Brady, Council Mem- bers Beurskens, Delch, Hammel, Kronfeldt, Manning. Nays--None. Absent--Council Member Khies- net Proof of rublicotion, certified to by the Publisher, on Notice to Contractors of the receipt of proposals for Dog Rac- ing Facility Bid Package "E", t~esented and read. Council Member Beurskens moved that the proof of publication be received and filed. Seconded by Council Member Kronfeldt. Carried by the following Yeas--Mayor Brady, Council Mem- bers Beurskens, Deich, Hammel, Kronfeldt. Manning. Nays--None. Absent--Council Member Khies- Communication of City Manager recommending to award contracts for said project, presented and read. Coun- cli Member Beurskens moved that the communication be received and fried. Seconded by Councli Member Kron- feldt. Carried by the following vote: Yeas--Mayor Brady, Council Mem- bers Beurskens, Deich, Hammel. Kronfeldt, Manning. Nays--None. Absent--Council Member Klues- AWARDING CONTRACT RESOLUTION NO. 68-85 WHEREAS, sealed proposals have been submitted by contractors for the Dubuque Dog Racing Facility Bid Package "E' - Contract #16 - Wall Finishes pursuant to Resolution No. 51-85 and notice to bidders published in a newspaper published in the City of Dubuque, Iowa on the 21st day of February, 1985. WHEREAS, said sealed proposals Regular Session, March 4, 1985 109 were opened and read on the 28th day of February, 1985 and it has been determined that the bid of Terry Strub Ptg. & Dec. of LaMotte, Iowa in the amount of $35,340.00 was the lowest bid for the furnishing of all labor and materials and performing the work as provided for in the plans and specifica- tions. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Dubuque, Iowa: That the contract for the above im- provement be awarded to Terry Strub Ptg. & Dec. of LaMotte and the Manager be and is hereby directed to execute a contract on behalf of the Ci- ty of Dubuque for the complete perfor- mance of the work. BE IT FURTHER RESOLVED: That upon the signing of said con- tract and the approval of the contrac- tor's bond, the City Treasurer is authorized and instructed to return the bid deposits of the unseccessful bidders. Passed, adopted and approved this 4th day of March, 1985. James E. Brady Mayor ATTEST: Mary A. Davis City Clerk Council Member Beurskens moved adoption of the Resolution. Seconded by Council Member Kronfeldt. Carried by the fuilowing vote: Yeas--Mayor Brady, Council Mem- bers Beurskens, Deich, Hammel, Kronfeldt. Manning. Nays--None. Absent--Council Member Khies- nor AWARDING CONTRACT RESOLUTION NO. 69-85 WHEREAS, sealed proposals have been submitted by contractors for the Dubuque Dog Racing Facility Bid Package "E" - Contract #17 - Floor Finishes pursuant to Resolution No. 51-85 and notice to bidders published in a newspaper published in the City of Dubuque, Iowa on the 21st day of February, 1985. WHEREAS, said sealed proposals were opened and read on the 28th day of February, 1985 and it has been deter- mined that the bid of Commercial Flooring of Dubuque, Iowa in the amount of $52,590.00 was the lowest bid for the furnishing of all labor and materials and performing the work as provided for in the plans and specifica- tions. NOW, THEREFORE, BE IT SOLVED by the City Council of the Ci- ty of Dubuque, Iowa: That the contract for the above im- provement be awarded to Commercial Flooring and the Manager be and is hereby directed to execute a contract on behalf of the City of Dubuque for the complete performance of the work. BE IT FURTHER RESOLVED: That upon the signing of said con- tract and the approval of the contrac- tor's bond, the City Treasurer is authorized and instructed to return the bid deposits of the unsuccessful bid- ders. Passed, adopted and approved this 4th day of March, 1985. Jmnes E. Brady Mayor ATTEST: Mary A. Davis City Clerk Council Member Beurskens moved adoption of the Resolution. Seconded by Council Member Kronfeldt. Carried by the following vote: Yeas--Mayor Brady, Council Mem- bers Beurskens. Deich, Hammel, Kronfeldt, Manning. Nays--None. Absent--Council Member Klues- her AWARDING CONTRACT RESOLUTION NO. 70-85 WHEREAS, sealed proposals have been submitted by contractors for the Dubuque Dog Racing Facility Bid Package "E" - Contract #18 - Ceramic Tile pursuant to Resolution No. 51-85 and notice to bidders published in a newspaper published in the City of Dubuque, Iowa on the 21st day of February. 1985. 110 Regular Session, March 4, 1985 WHEREAS, said sealed proposals were opened and read on the 28th day of February, 1985 and it has been determined that the bid of Commercial Flooring of Dubuque, Iowa in the omount of $30,886.00 was the lowest bid for the furnishing of all labor and n~aterlals and performing the work as provided for in the plans and specifica- tlons. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Dubuque, Iowa: That the contract for the above im- provement be awarded to Commercial Flooring and the Manager be and is hereby directed to execute a contract on behalf of the City of Dubuque for the complete performance of the work. RE IT FURTHER RESOLVED: That upon the signing of said con- tract and the approval of the contrac- tor's bond, the City Treasurer is authorized and instructed to return the bid deposits of the unsuccessful bidders. Passed, adopted and approved this 4th day of March, 1985. James E. Brady Mayor ATTEST: Mary A. Davis City Clerk Council Member Beurskens moved adoption of the Resolution. Seconded by Council Member Kronfuldt. Carried by the following vote: Yeas--Mayor Brady, Council Mem- bers Beurskens, Dalch, Hammel, Kronfeldt, Manning. Nays--None. Absent--Council Member Klues- net AWARDING CONTRACT RESOLUTION NO. 71-85 WHEREAS, sealed proposals have been submitted by contractors for the Dubuque Dog Racing Facility Bid Package "E" - Contract #19 - Signage pursuant to Resolution No. 51-85 and notice to bidders published in a newspaper published in the City of Dubuque, Iowa on the 21st day of February, 1985. WHEREAS, said sealed proposals were opened and read on the 28th day of February, 1985 and it has been deter- mined that the bid of Advanta Signs of Dubuque, Iowa in the amount of $4,786.00 was the lowest bid for the fur- nishing of all laber and materiais and performing the work as provided for in the plans and specifications. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Dubuque, Iowa: That the contract for the above im- provement be awarded to Advanta Signs and the Manager be and is hereby directed to execute a contract on behalf of the City of Dubuque for the complete performance of the work. BE IT FURTHER RESOLVED: That upon the signing of said con- tract and the approval of the contrac- tor's bond, the City Treasurer is authorized and instructed to return the bid deposits of the unsuccessful bid- ders. Passed, adopted and approved this 4th day of March, 1985. James E. Brady Mayor ATTEST: Mary A. Davis City Clerk Council Member Beurskens moved adoption of the Resolution. Seconded by Council Member Kronfeldt. Carried by the following vote: Yeas--Mayor Brady, Council Mem- bers Beurskens, Delch. Hammel, Kronfeldt, MarmJng. Nays--None. Absent--Council Member Klues- her AWARDING CONTRACT RESOLUTION NO. 72-85 WHEREAS, sealed proposals have been submitted by contractors for the Dubuque Dog Racing Facility Bid Package "E '- Contract #20 - Landscap- ing pursuant to Resolution No. 51-85 and notice to bidders published in a newspaper published in the City of Dubuque, Iowa on the 21st day of February, 1985. WHEREAS, said sealed proposals were opened end read on the 28th day of February, 1985 and it has been deter- Regular Session, March 4, 1985 111 mined that the bid of Nauman Nursery of Dubuque, Iowa in the amount of $53,418.00 was the lowest bid for the furnishing of aH labor and materials and performing the work as provided for in the plans and specifications. NOW, THEREFORE, BE IT RE- SOLVED by the City Council of the City of Dubuque, Iowa: That the contract for the above im- provement be awarded to Nauman Nursery and the Manager be and is hereby directed to execute a contract on behalf of the City of Dubuque for the complete performance of the work. BE IT FURTHER RESOLVED: That upon the sighing of said con- tract and the approval of the contrac- tor's bond, the City Treasurer is authorized and instructed to return the bid deposits of the unsuccessful bidders. Passed, adopted and approved this 4th day of March, 1985. James E. Brady Mayor ATTEST: Mary A. Davis City Clerk Council Member Beurskens moved adoption of the Resolution. Seconded by Council Member Kronfeldt. Carried by the following vote: Yeas--Mayor Brady, Council Mem- bers Beurskens, Deich, Hammel, Kronfeldt, Manning. Nays--None. Absent--Council Member Khies- net Proof of Publication, certified to by the Publisher, on Notice of Public Hear- ing on changes to the proposed Zoning Ordinance and Zoning Map which will replace the existing Zoning Ordinance and Zoning Map known as Ordinance No. 32-75, presented and read. Couffcll Member Kronfeldt moved the the proof of publication be received and filed. Seconded by Council Member Hammel. Carried by the following vote: Yeas--Mayor Brady, Council Mem- bers Beurskens, Delch, Hammel, Kronfeldt, Manning. Nays--None. Absent--Council Member Khies- Petition of Robert G. Steichen re- questing to address the C-1 zoning of bis property at 2753 Central Avenue; Petition' of Mrs. Carl Fuhrman r~ questing permission to be granted to Clarke College to rebuild their old type towers on their new buildings; Com- munication of Planning and Zoning Commission submitting amendments to the proposed Zoning Ordinance and Zoning Map, were presented and read. Council Member Kronfeldt moved that the petitions and communication be received and filed. Seconded by Council Member Hammel. Carried by the following vote: Yeas--Mayor Brady, Council Mem- bers Beurskens, Deich, Hammel, Kronfeldt, Manning. Nays--None. Absent--Council Member Klues- ORDINANCE NO. 13-85 Establishing comprehensive zoning for the City of Dubuque, Iowa and pro- viding for the administration, enforce- ment and amendment thereof in accor- dance with the provisions of Chapter 414, Code of Iowa, and for the repeal of all Ordinances in conflict herewith, presented and read. Council Member Kronfcidt moved that the reading just had be considered the first reading of the ordinance. Seconded by Council Member Hammel. Carried by the following vote: Yeas--Mayor Brady, Council Mem- bers Deich, Hammel, Kronfeldt, Mann- Nays--None. Abstain--Council Member Beur- skens on 535-537 Hill Street orfly. Absent--Council Member Klues- Communication of planning and Zon- ing Conunlasion submitting revision of Zoning Ordinance fee schedule and establishment of temporary use permit fees, presented and read. Council Member Kronfuldt moved that the com- munication be received and filed. Seconded by Council Member Dcich. Carried by the following vote: Yeas--Mayor Brady, Council Mem- bers Beurskens, Deich, Hammel, Kronfeldt, Manning. 112 Regular Session, March 4, 1985 Nays--None. Absent--Council Member Kines- ner RESOLUTION NO. 73-85 A RESOLUTION OF THE CITY OF DUBUQUE, IOWA, PROVIDING THAT "SCHEDULE A, PLANNING AND ZONING FEES" ESTABLISHING APPLICATION FEES AS PRO VIDED IN THE ZON- ING ORDINANCE, BE AMENDED BY REPEALING RESOLUTION 44-83 ADOPTING AN OFFICIAL SCHEDULE OF PLANNING AND ZONING FEES, AND ENACTING A NEW SCHEDULE OF PLANNING AND ZONING FEES, IN LIEU THEREOF, AND PROVIDING FOR THE ESTABLISHMENT OF A NEW FEE FOR TEMPORARY USE PERMITS. WHEREAS, the City of Dubuque, Iowa charges certain fees for the pro- cessing of applications pursuant to the Zoning Ordinance and Subdivision Begulations; and WHEREAS, the City Council has determined that the specific amount of such fees should be set by resolution; and WHEREAS, the City of Dubuque, Iowa, has adopted a new Zoning Or~ dinance containing the Fee Schedule with the addition of a Temporary Use Fee; and WHEREAS, the City Council has adopted the amount of the Temporary Use Fee as part of the FY86 Budget. NOW, THEREFORE, BE IT RE- SOLVED by the City Council of the City of Dubuque, Iowa: Section 1. That the attached "Schedule A, Planning and Zoning Fees" is hereby amended in acco~ dance with the New Zoning Ordinance and to establish a new $75.00 Tern- porary Use Fee. Section 2. That the City Clerk be and is hereby authorized and directed to publish a complete copy of this Resolu- tion establishing a new "Schedule A, Planning and Zoning Fees" including the new Temporary Use Fee. Section 3. That the new schedule of fees adopted by this Resolution shall be in effect aftor passage, approval and publication of this Resolution. Passed, adopted and approved this 4th day of March, 1985. James E. Brady Mayor ATTEST: Mary A. Davis City Clerk Council Member Krunfeldt moved adoption of the Resolution. Seconded by Council Member Deich. Carried by the following vote: Yeas--Mayor Brady, Council Mem- bers Beurskons, Deich, Hammel, Kronfeldt, Manning. Nays--None. Absent--Council Member Kines- net Communication of Dubuque County Board of Supervisors requesting con- currents with enclosed proposal for the governance of Operation: New View, presented and read. Council Member Kronfeldt moved that "This Counc'd go ~m record by affirming the Board of Supervisors' position and they mitigate on our behalf". Seconded by Council Member Deich. Carried by the follow- lng vote: Yeas--Mayor Brady, Council Mem- bers Beurskens, Deich, Hammel, Kronfoldt, Manning. Nays--None. Absent--Council Member Klues- ner Communication of Dubuque In- Futuro requesting to amend their Arti- cle of Incorporation to coincide with the request of the Internal Revenue Ser- vice, presented and read. Council Member Kronfeldt moved that the re- quest be approved. Seconded by Coun- cil Member Manning. Carried by the following vote: Yeas--Mayor Brady, Council Mem- bets Beurskens, Delch, Hammel, Kronfaldt, Manning. Nays--None. Absent--Council Member Klues- ner Conununlcation of Attorney David L. Clemens requesting execution of Cer- t~ficate of Completion for property pur- chased be Carlisle Graphics, presented and read. Council Member Beurskens moved that the communication be received and filed. Seconded by Council Regular Ses~ou Member Kronfeldt. Carried by the following vote: Yeas--Mayor Brady, Council Mem- bers Beurskens, Deich, Hammal, Krunfeldt, Manning. Nays--None. Absent--Council Member Klues- RESOLUTION NO. 74~5 Authori~ng the execution of a Cer- tificata of Completion for American Optical Corporation WHEREAS, on the llth day of Marcia, 1974, the City of Dubuque pass- ed, approved and adopted Resolution No. 70-74 providing for the conveyance of the interest of the City of Dubuque, Iowa, in the following described real estate, to-wit: Lot 2 of the Subdivision of Lot 2 of Lot 2 of Lot 2 of Lot 1 of Block 5 of "River Front Subdivision No. 3" and Lot 2 of LOt "A" of LOt 2 of Lot 2 of Lot I of Block 5 of "River Front Sub- d~vision No. 3" all in the City of Dubu- que, Iowa to American Optical Corporation. WHEREAS, under the terms and conditions of said Resolution, the sub- ject real estate was conveyed by the Ci- ty of Dubuque to American Optical Corporation, who constructed certain improvements thereon; and WHEREAS, in Section 1 of said Resointinn hnposed certsln terms and conditions upon American Optical Cor- poration as to the completion of im- provements on said real estate; and WHEREAS, it has detern~Jned that the required improvements have been satisfactorily completed in accordance with all terms and provisions of said Resolution; now therefore BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBU- QUE, IOWA: Section 1. That the Mayor and City Clerk be and they are hereby authorized and directed to execute a Certificate of Completion for American Optical Co~ potation for the improvements on Lot2 of the Subdivision of Lot 2 of Lot 2 of Lot2 of Lot1 of Block 5 of "River Front Subdivision No. 3" and Lot 2 of Lot "A' of Lot2 of LOt 2 of Lot I of Bleck 5 of "River Front Subdivision No. 3" all March 4, 1985 113 in the City of Dubuque, Iowa Section 2. That the Clerk be and she is hereby authorized and directed to file a espy of this Resolution and the ex- ecuted copy of the Certificate of Com- ~letion in the office of the County Recoiler in and for Dubuque County, Passed, adopted and approved tins 4th day of March, 1985. James E. Brady Mayor ATTEST: Mary A. Davis City Clerk Council Member Beurskens moved adoption of the Resolution. Seconded by Council Member Kronfeldt. Carried by the following vote: Yeas--Mayor Brady, Council Mem- bets Beurskens, Deich, Hammel, Kronfeldt, Manning. Nays--None. Absent--Council Member Klues- ncr Communication of City Manager sub- n~tting Resolution providing for the election of the Rockdale Read Bridge design, presented and read. Council Member Haramel moved that the com- munication be received and filed. Seconded by Council Member Beur- skens. Carried by the following vote: Yeas--Mayor Brady, Council Mem- bers Beurskens, Haromel, Krunfeldt, Manning. Nays--Council Member Deich. Absent--Council Member Khies- net A RESOLUTION approving Sh~ve- Hattery Engineers as engineering firm for deslgn of Rockdale Road Bridge, presented and read. Council Member Hammel moved adoption of the Resolu- tion. Seconded by Council Member Reurskens. Mayor Brady moved amendment to the Resolution "In an amount not to ex- ceed $60,000 in cost. Seconded by Council Member Deich. VOTE ON THE MOTION WAS AS FOLLOWS: Yeas--Mayor Brady, Council Member Deich. Nays--Council Members Beurskens, 114 Regular Session March 4, 1985 Hammel, Kronfeldt, Manning. Absent--Council Member Klues- net MOTION FAILED. RESOLUTION NO. 75-85 Selection of Engineering Firm for Design of Rockdale Road Bridge WHEREAS, City Council has ap- proved replacement of the Rockdale Road bridge in fiscal year 1986-1990 Capital Improvement Program; and WHEREAS, the Iowa Department of Transportation has authorized ex- penditure of $650,000 of bridge replacement monies for replacement of this bridge as Federal-aid; and WHEREAS, engineering proposals were sol~cited from five engineering firms; and WHEREAS, four engineering firms were interviewed on February 26, 1985; and WHEREAS, the selection commit- tee is recommending Shive-Hattery Engineers as the firm best qualified professionally to design the bridge and to provide other construction services associated with the project. NOW, THEREFORE, BE IT RE- SOLVED BY THE City Council of the City of Dubuque, Iowa: Section 1. That the City Council con- curs on the selection of Shive-Hattery Engineers as the construction firm to design and provide other construction services associated with the Rockdale Road bridge. Section 2. That the City Manager be authorized to negotiate and execute a contract with Shive-Hattery Engineers for design and construcHon services associated with the replace- ment of the bridge and any associated roadway approach improvements. Passed, adopted and approved this 4th day of March, 1985. James E. Brady Mayor ATTEST: Mary A. Davis City Clerk Vote on the motion by Council Member Hammel to adopt the Resolu- tion. Yeas--Mayor Brady, Council Members Beurskens, Hammel, Kronfeldt, Manning. Nays--Council Member Deich. Absent--Council Member Klues- ncr Communication of City Manager submitting Resolution providing for approval of a lease to Dubuque County Conservation Society for River View Park, presented and read. Council Member Beurskens moved that the commudication be received and filed. Seconded by Council Member Kron- feldt. Carried by the following vote: Yeas--Mayor Brady, Council Mem- bers Beurskens, Deich, Hammel, Kronfeldt, Manning. Nays--None. Absent--Council Member Klues- ncr RESOLUTION NO. 76-85 Resolution approving a Lease Agree- ment with the Dubuque County Conservation Society for River View Park for a period of six months. WHEREAS, a lease agreement was entered into between the City of Dubu- ClUe, Iowa and the Dubuque County Conservation Society on June 27, 1983 for the lease of River View Park, and WHEREAS, there is provision in the lease agreement that by mutual agree- ment of the parties the lease is renewable at the end of each year for a one year period, and WHEREAS, the Dubuque County Conservation Society has suthnitted a letter to the City dated January 2, 1985, requesting an extension of the lease for three to five years; and WHEREAS, the City of Dubuque Board of Dock Commissioners has recommended a new lease be executed, this lease expiring December 30, 1985. NOW, THEREFORE BE IT RE- SOLVED, BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That a lease agreement bet- ween the City of Dubuque, Iowa and Dubuque County Conservation Society be approved for a period of approx- imately six months from June 27, 1985 through December 30, 1985 and Regular Session Section 2. That the Mayor be authorized and directed to execute the lease and agreement. Passed, adopted and approved this 4th day of March, 1985. James E. Brady Mayor ATTEST: Mary A. Davis City Clerk Council Member Beurskens moved adoption of the Resolution. Seconded by Council Member Kronfeldt. Carried by the following vote: Yeas--Mayor Brady, Council Mem- bers Beurskens, Deich, Hammel, Kronfeldt, Manning. Nays--None. Absent--Council Member Kines- ncr Communication of City Manager sub- mitring Ordinance providing for in- stallation of a stop sign for eastbound and westbound traffic entering the in- tersection of Washington Street and East 28th Street, presented and read. Council Member Deich moved that the communication be received and filed. Seconded by Council Member Kron- feldt. Carried by the following vote: Yeas--Mayor Brady, Council Mem- bers Beurskens, Deich, Hammal, Kronfaldt, Manning. Nays--None. Absent--Council Member Klues- ncr AN ORDINANCE amending the Code of Ordinances of the City of Dubu- clue, Iowa by revising Section 25-210, subsection (b) of said Code providing that those intersections designated are hereby declared to be "Stop Intersec- tlons" for all purposes of this Section. Vehicles bound in the direction iff- dicated must stop before entering the designated intersections (Eastbound and Westbound-Washington Street and East Twenty-Eighth Street), presented and read. Council Member Deich moved to amend the Ordinance requiring traffic on Washington Street northbound & southbound be required to stop. Seconded by Mayor Brady. VOTE ON THE MOTION WAS AS FOLLOWS: March 4, 1985 115 Yeas--Mayor Brady, Council Member Deich. Nays--Council Members Beurskens, Hammel, Kronfeldt, Manning. Absent--Council Member Klues- ncr MOTION FAILED, ORDINANCE NO. 14-85 AN ORDINANCE Amending the Code of Ordinances of the City of Dubu- clue, Iowa by revising Section 25-210, subsection (bl of said Code providing that those intersections designated are hereby declared to be "Stop Intersec- tlans' for all purposes of this Section. Vehicles bound in the direction in- dicated must stop before entering the designated intersections. (Eastbound and WestboundiWashington Street and East Twenty-Eighth Street), presented and read. Council Member Deich moved that the reading just had be considered the first reading of the Ordinance. Seconded by Council Kronfeldt. Carried by the following vote: Yeas--Mayor Brady, Council Mem- bets Beurskens, Deich, Hammel, Kronfeldt, Manning. Nays--None. Absent--Council Member Klues- ner Council Member Deich moved that the rule requiring an ordinance to be read at three separate meetings be dispensed with. Seconded by Council Member Kronfeldt. Carried by the following vote: Yeas--Mayor Brady, Council Mem- hers Beurskens, Deich, Hammal, Kronfeldt, Manning. Nays--None. Absent--Council Member Klues- ncr ORDINANCE NO. 14-85 AN ORDINANCE AMENDING THE CODE OF ORDINANCES OF THE CITY OF DUBUQUE, IOWA BY REVISING SECTION 25-210, SUBSECTION (b) OF SAID CODE PROVIDING THAT THOSE INTERSECTIONS DESIGNATED ARE HEREBY DECLARED TO BE "STOP INTERSECTIONS" FOR ALL PURPOSES OF THIS SECTION. VEHICLES BOUND IN 116 Regular Session March 4, 1985 THE DIRECTION INDICATED MUST STOP BEFORE ENTER- ING THE DESIGNATED INTER- SECTIONS. NOW, THEREFORE, BE IT ORDAINED by the City Council of the City of Dubuque, Iowa: Section 1. That tt~e Code of Ordi- nances of the City of Dubuque, Iowa is hereby amended by enacting a new subsection to Section 25-210 (b) thereof, as follows: "Sec. 25-210. STOP INTERSEC- TIONS. (b) Those intersections designated are hereby declared to be "STOP INTERSECTIONS" for ail purposes of this section. Vehicles bound in the direction indicated must stop before entering the designated intersection. EASTBOUND AND WEST- BOUND Washington Street and East Twenty-Eighth Street Section 2. That all ordinances or p~u.ts of ordinances in conflict with tills ordinance are hereby repealed. PASSED, APPROVED AND ADOPTED this 4th day of March, 1985 James E. Brady ATTEST: Mayor Mary A. Davis City Clerk Published officially in the Telegraph Herald newspaper this llth day of Mm'ch, 1985 Mary A. Davis City Clerk Council Member Deich moved final adoption of the Ordinance. Seconded by Council Member Kronfeldt. Carried by the fo]lowing vote: Yeas--Mayor Brady, Council Mem- bers Beurskens, Deich, Hummel, Kronfeldt, Manning. Nays--None. Absent--Counnil Member Kluea- ncr Communication of Corporation Counsel Lindahl submitting an Or- dinance providing for the sale and con- sumption of beer in Washington park, presented and read. Council Member Beurskens moved that the communica- lion be reccived and filed. Seconded by Council Member Kronfeldt. VOTE ON THE MOTION WAS AS FOLLOWS: Yeas--Council Members Beurskens, Hummel, Kronfeldt. Nays--Mayor Brady, Council Member Deich, Manning. Absent--Council Member Kines- ncr. MOTION WAS MUTE. Petition containing 77 signatures, on behalf of the Beneficial Liquor and Beverage Association, objecting to sale and consumption of beer in Washington Park, presented and read. Council Member Banrskans moved that the petition be received and filed. Seconded by Council Member Kronfeldt. VOTE ON MOTION WAS AS FOLLOWS: Yeas--Canncfl Members Beurskens, Hummel, Kronfeldt. Nays--Mayor Brady, Council Members Deich, Manning. Absent--Council Member Kines- ncr. MOTION WAS MUTE. AN ORDINANCE Amending the Code of Ordinances by adding a new subparagraph (e) to Section 27-49 pro- riding for the authorization of the use and consumption of beer in Washington Park upon recommendation of the Park and Recreation Commission and ap- provai of the City Council, presented and read. Council Member Beurskens moved that the reading just had be con- s~dered the first reading of the Or- dinance. Seconded by Council Member Kronfeldt. VOTE ON THE MOTION WAS AS FOLLOWS: Yeas--Council Member Beurskens, Hummel. Kronfeldt. Nays--Mayor Brady, Council Members Deich, Manning. Absent--Council Member Klues- her. MOTION WAS MUTE. Council Member Kronfeldt moved that the City Clerk be directed to pre- sent list of organizations serving beer in City Parks. Seconded by Council Member Hummel. VOTE ON THE MOTION WAS AS FOLLOWS: Yeas--Council Members Hummel, Kronfeldt, Manning. Nays--Mayor Brady, Council Member Beurskens, Deich. Absent--Council Member Kines- ncr. MOTION WAS MUTE. Communication of City Manager sub- nfittlng 2 Ordinances pertaining to the operation of public and private landfill sites within the city, presented and read. Council Member Hammel moved that the communication be received and filed. Seconded by Council Kronfeldt. Carried by the following vote: Yeas--Mayor Brady, Council Mem- Regular Session, March 4, 1985 117 bets Beurskens, Deich, Hammel,Kronfeldt, Manning. Nays--None. Absent--Council Member Klues- ncr ORDINANCE NO. 15-85 An Ordinance amending the Code of Ordinances of the City of Dubuque, Iowa by repealing Sections 17~54 through 17-56, Sections 17-63 through 17~68, and Sections 17-75 through 17-80 providing for the elimination of public and private landfill sites within the City of Dubuque, presented and read. Council Member Hummel moved that the reading just had be con- sidered the first reading of the Or- dinance. Seconded by Council Member Kronfeldt. Carried by the following Yeas--Mayor Brady, Council Mem- bers Beurskens, Deich, Hummel, Kronfeldt, Manning. Nays--None. Absent--Council Member Klues- Council Member Hammel moved that the rule requiring an Ordinance to be read at 3 separate meetings be dispens- ed with. Seconded by Council Member Kronfeldt. Carried by the following vote: Yeas--Mayor Brady, Council Mem- bets Beurskens, Deich, Hummel, Kronfeldt, Manning. Nays--None. Absent--Council Member Klues- ORDINANCE NO. 15-85 AN ORDINANCE AMENDING THE CODE OF ORDINANCES OF THE CITY OF DUBUQUE, IOWA BY REPEALING SECTIONS 17-54 THROUGH 17-56, SECTIONS 17-63 THROUGH 17-68, AND SECTIONS 17-75 THROUGH 17-80 PROVID- ING FOR THE ELIMINATION OF PUBLIC AND PRIVATE LAND- FILL SITES WITHIN THE CITY OF DUBUQUE. NOW THEREFORE, BE IT ORDAINED BY THE CITY COUN- CIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the Code of Ordi- nances of the City of Dubuque, Iowa be amended by repealing Sections 17- 54 through 17-56, Sections 17-63 through 17-68, and Sections 17-75 through 17-80 thereof. Passed, approved and adopted this 4th day of March, 1985. James E. Brady Mayor ATTEST: Mary A. Davis City Clerk Published officially in the Telegraph Herald newspaper this llth day of March, 1985 Mary A. Davis City Clerk Council Member Hummel moved final adoption of the Ordinance. Seconded by Council Member Kronfeldt. Carried by the following vote: Yeas--Mayor Brady, Council Mem- bets Beurskens, Deich, Hummel, Kronfeldt, Manning. Nays--None. Absent--Council Member Klues- her ORDINANCE NO. 16-85 AN ORDINANCE Amending the Code of Ordinances of the City of Dubuque, Iowa by repealing Section 17-23 thereof and enacting a new Section 17-23 in lieu thereof providing for the transport of Waste Material to a licensed sanitary disposal project, presented and read. Council Member Hummel moved that the reading just had be considered the first reading of the Ordinance. Second- ed by Council Member Kronfeldt. Car- ried by the fo]lowing vote: Yeas--Mayor Brady, Council Mem- bers Beurskens, Deich, Hummel, Kranfeldt, Manning. Nays--None. Absent--Council Member Klues- net Council Member Hanunel moved that the rule requiring an Ordinance to be read at ghree separate meetings be dispensed with. Seconded by Council Member Kronfeldt. Carried by the following vote: Yeas--Mayor Brady, Council Mem- bers Beurskens, Deich, Hammel, Kronfeldt, Manning. Nays--None. Absent--Council Member Kines- ncr ORDINANCE NO. 16-85 118 Regular Session, March 4, 1985 AN ORDINANCE AMENDING THE CODE OF ORDINANCES OF THE CITY OF DUBUQUE, IOWA BY REPEALING SECTION 17-23 THEREOF AND ENACTING A NEW SECTION 17-23 IN LIEU THEREOF PROVIDING FOR THE TRANSPORT OF WASTE MATERIAL TO A LICENSED SANITARY DISPOSAL PROJECT. NOW THEREFORE, BE IT ORDAINED BY THE CITY COUN- CIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the Code of Ordi- nances of the City of Dubuque, Iowa be mnended by repealing Section 17- 23 thereof and enacting a new Section 17-23 in lieu thereof as follows: "Sec. 17-23. Transport to state approved sanitary disposal project. a) No person, firm or corporation shall haul or cause to be hauled any garbage, refuse, rubbish or other sim- ilar discarded solid or semisolid materi- als, including but not limited to such materials, resulting from industrial commercial, agricultural or domestic activities to any sanitary disposal project, dump site or any ether area unless such disposal project, dump site or other area is operated under a per- mit issued by the Director of the Iowa Depart~nent of Water, Air and Waste Management. b) The use of d~rt, sto~e, br~ck or similar inorganic material may be used for fill, landscaping, excavation or grading subject to the obtaining of a building permit, if required, and in confor~nance to all provisions of the Zoning Ordhiance." Passed, approved and adopted this 4th day of March, 1985. James E. Brady ATTEST: Mayor Mary A. Davis City Clerk Published officially in the Telegraph Herald thiz llth day of March, 1985. Mary A. Davis It 3/11 City Clerk Council Member Hammel moved final adoption of the Ordinance. Seconded by Council Member Kronfeldt. Carried by the following vote: Yeas--Mayor Brady, Council Mem- bers Beurskens, Deich, Hammel, Kronfeldt, Manning. Nays--None. Absent--Council Member Klues- her AN ORDINANCE Amending the Code of Ordinances of the City of Dubu- ' que by repealing Section 2-21 thereof and enacting a new Section 2-21 in lieu thereof providing for the compensation of the Mayor and Council Members, said ordinance having been previously presented and read at the Meeting of February 25, 1985. Council Member Hammel moved that the reading just had be conside~l the second reading of the Ordinance. Seconded by Council Member Deich. Carried by the follow- ing vote: Yeas--Mayor Brady, Council Mem- bers Beurskens, Deich, Hammel, Kronfeldt, Manning. Nays--None. Absent--Council Member Klues- her Communication of John Cody, Chair- nmn, Community Development Com- mission, requesting dissolution of the Community Development Commission, presented and read. Council Member Kronfeldt moved that the cormnunica- tion be received and filed and Corpora- tion Counsel be directed to draw up Or- dinance providing for the dissolution of the Community Development Commis- sion. Associate Planner Slaughter submit- ted attendance record of present Board on Zoning Adjustment. APPOINTMENTS TO NEWLY ESTABLISHED ZONING BOARD OF ADJUSTMENT IN ACCOR- DANCE WITH ORDINANCE 13-85 (Zoning Ordinance) Individuals who had submitted ap- pllcations -- Dominic Goodmann, David I-Iartig, Jr., Joe W. Holdimann, Michael J. Kielty, Joe Kramer, Chad Leltch, Donald Redding. Council Member Hamn~el nominated Hartig. Holdiman, Kramer, Leitch, Redding. Council Member Kronfeldt nominated Hartig. Holdhaan, Kielty, Kramer, Redding. Council Member Manning nominated Goodman, Holdiman, Kramer, Kielty, Redding. Council Member Beurskens nominated Holdiman, Kielty, Kramer, Leitch, Red- ding. Mayor Brady nominated Good- man. Hartig, Kramer, Leitch, Redding. Council Member Deich nominated Goodman, Holdlman, Kramer, Leitch, Redding. Votes received -- Goodmann-3; Hartig-3; Holdiman-5; Kielty-3; Kramer-6; Regular Session, March 4, 1985 119 Leitch-4; Redding-6. With majority of votes, Holdiman, Kramer, Leitch and Redding were appointed. Second time for fifth position - Hanunel for Hartig, Kronfeldt~for Kielty, Manning for Har- rig, Beurskens for Kielty, Brady for Hartig and Deich for Kielty, vote 3 for Hartig and 3 for Kielty. Next vote taken, results were the same. On third ballot, Beurskens voted for Kielty, Brady for Hartig, Deich for Kielty, Hammel for Hartig, Kronfeldt for Kielty and Manning for Kielty. Therefore, Joe W. Holdiman was ap- pointed for one year term; Chad Leitch for two year term; Michael Kielty for three year term; Joe Kramer for four year term; and Donald Redding for five year, aH terms to expire March 25th in their respective years. RESOLUTION NO. 77-85 BE IT RESOLVED by the City Council of the City of Dubuque, Iowa, that the following having complied with the provisions of law relating to the sale of Cigarettes within the City of Dubuque, Iowa~ be granted a permit to sell Cigarettes and Cigarette Papers within said City. Spect's Pipe Inn Joseph L. Specht Kennedy Mall Passed, adopted and approved this 4th day of March, 1985. James E. Brady Mayor ATTEST: Mary A. Davis City Clerk Council Member Deich moved adop- tion of the Resolution. Seconded by Council Member Beurskens. Carried by the following vote: Yeas--Mayor Brady, Council Mem- bers Beurskens, Deich, Hammel~ Kronfeldt, Manning. Nays--None. Absent--Council Member Klues- her RESOLUTION NO. 78-85 WHEREAS, Applications for Liquor Licenses have been submitted to this Council for approval and the same have been examined and approved; and WHEREAS, The premises to be oc- cupied by such applleants were in- spected and found to comply with the S~ate Law and all City Ordinances rele- rant thereto and they have filed proper bonds; NOW, THEREFORE, BE IT RE- SOLVED, By the City Council of the City of Dubuque, Iowa, that the Manager be authorized to cause to be issued to the following named ap- plleante a Liquor License. CLASS "B" (HOTEL-MOTEL) BEER AND LIQUOR LICENSE Dubuque Historic Improvement Co., 504 Bluff Passed, adopted and approved this 4th day of March, 1985. James E. Brady Mayor ATTEST: Mary A. Davis City Clerk Council Member Deich moved adoption of the Resolution. Seconded by Council Member Beurskens. Carried by the following vote: Yeas--Mayor Brady, Council Mem- bers Beurskens, Delch, Hammel, Kronfeldt, Manning. Nays--None. Absent--Council Member Khies- MINUTES SUBMITTED--Ad Hoc Dock Committee of 2-13; Airport Com- mission of 2-19 and 2-22; Cable Com- munity Teleprogramming Commission of 2-5; Cable TV Regulatory Commis- sion of 2-13; Dock Board of 2-20; Dubu- clue In-Future, Inc. of 2-15 and 2-22; Five Flags Commission of 2-18; Hous- ing Commission of 2-19; Park and Recreation Commission of 2-12; Plann- ing and Zoning Commission of 1-9 and 2-13; Public Library Board of 1-22; Board of Zoning Adjustment of 2-7, presented and read. Council Member 120 Regular Session, March 4, 1985 Deich moved that the minutes be received and filed. Seconded by Coun- cil Member Manning. Carried by the ~ollowing vote: Yeas--Mayor Brady, Council Mem- bers Beurskens, Deich, Hammel, Kronfeldt, Manning. Nays--None. Absent--Council Member Kbies- nar Printed Council Proceedings for month of December, 1984, presented f~r approval. Council Member Dcich moved that the proceedings be approv- ed as printed. Seconded by Council Member Manning. Carried by the following vote: Yeas--Mayor Brady, Council Mem- bers Beurskens, Deich, Hammel, Kronfeldt, Manning. Nays--None. Absent--Council Member Klues- her NOTICE OF CLAIMS AND SUITS--Leo A. Adams, in unknown amount for personal injuries; Robert Becker in unknown amount for car damages; Mason Bly, a minor, by bis parents Patrick and Prances Bly in unknown amount for personal injuries; Mary Ellen Lyons in unknown amount for backed-up sewer dmnages; Joseph R. Erschen in amount of $150.00 for hacked-up sewer damages; John W. Udell in amount of $87.19 for car damages; Betty Crane in amount of $192.42 for car damages, presented and mad. Council Member Dcich moved that the Notices be referred to Legal Staff for investigation and report. Seconded by Council Member Manning. Carried by the fofiowing vote: Yeas--Mayor Brady, Council Mem- bers Beurskens, Deich, Hammel, Kronfeldt, Manning. Nays--None. Absent--Council Member Klues- ner Communication of Corporation Counsel Lindahl recommending denial of sewer back-up claim of Gayle Puller and Property damage claim of Gerald Naderman, presented and read. Council Member Dcich moved that the com- munication be received and filed. Seconded by Council Member Manning. Carried by the fo]lowing vote: Yeas--Mayor Brady, Council Mem- bers Beurskens, Deicb, Hammel~ Kronfeldt, Manning. Nays--None. Absent--Council Member Klues- ner Certificate of City Clerk stating notices were sent by certified mail to known property owners for the 1984 Asphalt Paving Project on February 7, 1985 and Proof of Publication, certified to by the Publisher, on Notice of filing of the final plat and schedule of assessments against benefited properties for con- struction for said project, presented and read. Council Member Deich moved that the certificate and proof of pubfica- tion be received and filed. Seconded by Council Member Maiming. Carried by the following vote: Yeas--Mayor Brady, Council Mem- bers Beurskens, Deich, Hammal, Kronfeldt, Manning. Nays--None. Absent--Council Member Klues~ ner Proof of Publication, certified to by the Pablisber, on Notice of receipt of bids for ambulance; and notice of receipt of bids for fire apparatus, presented and read. Council Member Deich moved that the proofs be receiv- ed and filed, Seconded by Council Member Manding. Carried by the following vote: Yeas--Mayor Brady, Council Mem- bers Beurskens, Dalch, Hammel, Kronfeldt, Manning. Nays--None. Absent--Council Member Kines- net Proof of Publication, certified to by the Publisher, on Notice that Grantee Performance Report is on file at various offices in the City, presented and read. Council Member Dcich moved that the proof of publication be received and fil- ed. Seconded by Council Member Man- ning. Carried by the following vote: Yeas--Mayor Brady, Council Mem- bers Beurskens, Deich, Hammel, Kronfeldt, Manning. Nays--None. Absent--Council Member Klues- Regular Session, March 4, 1985 121 Communication of Housing and Ur- ban Development advising reviews of the Grantee Performance Report (GPR) for the City's Jobs Bill Program have been completed, presented and filed. Council Member Delcli moved that the communication be received and filed. Seconded by Council Member Manning. Carried by the following vote: Yeas--Mayor Brady, Council Mem- bers Beurskens, Dalch, Hammel, Kronfebit, Manning. Nays--None. Absent--Council Member Klues- United States Army Corps of Engineers submitting their monthly public notice for January, 1985, presented and read. Council Member Deich moved that the notice be received and fred. Seconded by Council Member Manning. Carried by the following vote: Yeas--Mayor Brady, Council Mem- bers Beurskens, Deich, Hammel, Kronfeldt, Manning. Nays--None. Absent--Council Member Klues- Communication of Board of Super- visors submitting a copy of notice of in- itiation of reconnaissance study for commercial harbor development on the Mississippi River in Dubuque County, issued February 1, 1985 by the Army Carps of Engineers, presented and read. Council Member Deich moved that the communication be received and filed. Seconded by Council Member Manning. Carried by the following vote: Yeas--Mayor Brady, Council Mem- bers Beurskens, Dcich, Hammel, Kronfeldt, Manning. Nays--None, Absent--Council Member Klues- Communication of City Manager sub- niltting financial reports for the month of January, 1985, presented and read. Council Member Deich moved that the communication be received and filed. Seconded by Council Member Manning. Carried by the following vote: Yeas--Mayor Brady, Council Members Beurskens, Deich, Hammel, Kronfeldt, Manning. Nays--None, Absent--Council Member Klues- ner Proof of Publication, certified to by the Publisher, of list of claims and ex- penditures for the month of January, 1985, presented and read. Council Member Deich moved that the proof of publication be received and filed. Seconded by Council Member Manning. Carried by the following vote: Yeas--Mayor Brady, Council Mem- bers Beurskens, Dalch, Hammel, Kronfeldt, Manning. Nays--None. Absent--Council Member Klues- net Iowa Departmental Hearing Board of the Iowa Beer and Liquor Control Department submitting their decision on the appeal of Eagle Discount Super- market, presented and read. Council Member Deich moved that the appeal be received and filed. Seconded by Council Member Manning. Carried by the following vote: Yeas--Mayor Brady, Council Mem- bers Beurskens, Deich, Hammel, Kronfeldt, Manning. Nays--None. Absent--Council Member Klues- net Communication of Planning and Zon- ing Commission approving final plat of Lots D, E and F of "Embassy West" located north of Embassy West Drive and west of the proposed North West Arterial, presented and read. Council Member Deich moved that the com- munication be received and filed. Seconded by Council Member Manning. Carried by the following vote: Yeas--Mayor Brady, Council Mem- bers Beurskens, Deich, Hammel, Kronfeldt, Manning. Nays--None. Absent--Council Member Klues- net RESOLUTION 79-85 A Resolution approving the Final Plat of the Subdivision of Lot D, Lot E, and Lot F of "Embassy West" 122 Regular Session, March 4, 1985 in the City of Dubuque, Iowa. WHEREAS, there has been filed with the City Clerk a plat of the Sub- division of Lot H, Lot E, and Lot F of Embassy West in the City of Dubu- que, Iowa; and WHEREAS, said plat has been ex- amined by the City Planning and Zon- ing Commission and had its approval endorsed thereon; and WHEREAS, said final plat has been examined by the City Council and the City Council finds that the same con- forms to statutes and ordinances relating thereto. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUN- CIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the final plat of Lot D, Lot E and Lot F of Embassy West in the City of Dubuque, Iowa be and the same is hereby approved~ and the Mayor and the City Clerk are hereby authorized and directed to endorse the approval of the City of Dubuque upon said final plat. Passed, adopted and approved this 4th day of March, 1985. James E. Brady Mayor ATTEST: Mary A. Davis City Clerk Council Member Delch moved adop- tion of the Resolution. Seconded by Council Member Manning. Carried by the following vote: Yeas--Mayor Brady, Council Mem- bers Beurskens, Deich, Hammel, Kronfeldt, Manning. Nays--None. Absent--Council Member Kfues- net There being no further business, Court- cll Member Kronfeldt moved to ad- journ. Seconded by Council Member Beurskens. Carried by the following vote: Yeas--Mayor Brady, Council Mem- bers Beurskens, Deich, Hammel Kronfeldt, Manning. Nays--None. Absent--Council Member Khiesner. ADJOURNED 9:22 P.M. Mary A. Davis C~y Clerk Approved Adopted Mayor Council Members ATTEST: City Clerk 1985 1985 Special Session March 18, 1985 123 CITY COUNCIL OFFICIAL Special Session, March 18, 1985. Council Met at 7:30 o'clock p.m., in the Public Library Auditorium. Present--Mayor Brady. Council Members Beurskens, Deich, Hammel, Kluesner, Kronfeldt, Manning, City Manager W. Kenneth Gearhart, Cor- poration Counsel Barry A. Lindahi. Mayor Brady read the call and stated that service thereof had been duly made and this meeting is called for the purpose to SET A PUBLIC HEARING ON THE DISCONTI- NUANCE OF THE COMMUNITY DEVELOPMENT COMMISSION and acting upon such other business which may properly come before the Council. Invocation was given by Mayor Brady. PROCLAMATIONS -- Week of March 17 through 23 as "National Agriculture Week" received by John Schroeder; Week of March 16 through 23 as "American Legion Sixty-Sixth Birth- day Week" received by Nick Lucy. Jerry Guy of Durrant Group presented a progress and status report on the Dog Track Facility. Communication of City Manager submitting Resolution authorizing a public hea, ring be held on April to discontinue the Community Develop- ment Commission, presented and read. Council Member Beurskens moved that the communication be received and filed. Seconded by Council Member Kronfaldt. Carried by the following vote: Yeas--Mayor Brady, Council Mem- bers Beurskens, Deich, Hammel. Khiesner, Kronfaldt, Manning. Nays--None. RESOLUTION NO. 80-85 Authorizing the Conducting o! a Public Hearing on the Discountinning of the Community Development Commission WHEREAS, the City Council of the City of Dubuque, Iowa has found and determined it to be in the best interest of the City of Dubuque to discontinue the Co~nmunity Development Corn~nis- sion; and WHEREAS, Section 392.7 of the Code of Iowa provides that prior to the discontinuing of the Community Development Commission, City Council shall conduct a public hearing on the proposal after which time such agency may be discontinued no sooner than thirty (30) days following the hearing. NOW, THEREFORE, BE IT RE- SOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the City Clerk shall publish notice as provided in Section 362.3 of the Code of Iowa of the intent of the City Council to discontinue the Community Development Commission. Section 2. That the notice shall be in the form of Exhibit A, attached hereto and made a part hereof Passed, adopted and approved this 18th day of March, 1985. James E. Brady Mayor ATTEST: Mary A. Davis City Clerk Council Member Beurskens moved adoption of the Resolution and that a public hearing be held on April 1, 1985. Seconded by Council Member gronfeldt. Carried by the following Yeas--Mayor Brady, Council Mem- bers Beurskens, Deich, Hammel, IGuesner, Kronfeldt, Manning. Nays--None. Communication of City Manager re- questing a public hearing be held pro- viding for the disposition of the City's interest in property in River Front Sub- division No. 5, presented and read. Council Member Deich moved that the communication be received and filed. Seconded by Council Member Kronfeldt. Carried by the following Yeas--Mayor Brady, Council Mem- bers Beurskens, Deich, Hammel, Kluesner, Kronfeldt, Manning. Nays--None. RESOLUTION NO. 814~5 Resolution of a Proposal to Dispose of 124 Special Session March 18, 1985 City interest in Property in "River Front Subdivision No. 5" to Klauer Manufacturing Company WHEREAS, Klauer Manutacturing Company has acquired and owns Blocks 6, 7, 8 and 9 in "River Front Subdivision No. 5" in the City of Dubuque, Iowa; and WHEREAS, Klauer Manufacturing Company has plans for relocating their manutacturing facilities from Ninth and Washington Street to this location as a result of relocation from the plan- ned 61 Expressway; and WHEREAS, Klauer Manufacturing Company is desirous of acquiring addi- tional property contiguous to Block 9 in order to facilitate the movement ot goods to and from their new manufac- turing facility. NOW, THEREFORE, BE IT RE- SOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the City of Dubuque, Iowa plans to dispose of its interest in a subdivision of Lot I of lot 1 of lot I of lot 1, block 1, "River Front Subdivi- sion No. 5", in the City of Dubuque, Iowa to Klauer Manufacturing Com- pany (the purchaser) and that the following language shall be incor- porated into the deed of sale, "The City of Dubuque, Iowa reserves the perpetual and assignable rights in easement in and to the above described property for the purpose of entering thereon to maintain, repair, or operate, patrol and replace existing flood con- trol levee, including all appurtenances thereto, and further including the right to clear, cut, fill, remove and dispose of any and all timbers, trees, underbrush, buildings, improvements and other obstructions therefrom. The owner or its assignee shall not construct or operate any structure or machinery on, under, or across said levee, nor shall it excavate or make any change in the levee or within the levee easement without prior determination by the U.S. Corp of Engineers and the City of Dubuque that such construction, alteration, or operation would not adversely affect the functioning of the protective facilities. The owner or its assignee shall submit any requests and plans to the Corp and the City for ap- proval prior to undertaking any such Section 2. That the purchaser permit construction of any im- provements or building upon the sub- ject area; provided the owner may grade, pave, seed or landscape said area and may erect, install, maintain and repair and replace a security fence along and within the boundary of sub- ject area for the purpose of establishing a security perimeter around the industrial facilities and ad- joining proper~y. Purchaser further agrees that any security fence erected within the area shall be provided with operable gates of not less than 12 feet opening (open width) and located so as to permit access including vehicular access to the area from both ends. It shall be the purpose of such case to provide the City of Dubuque, its agents or assignee, to have perpetual and unimpeded right to access to the subject area and to the flood protection levee. Plans for the erection of such security fence and for the location of gates shall be submitted for approval to the City of Dubuque prior to the in- stallation of said fence. It is hereby acknowledged that the purchaser is permitted to install lockable devices on the gates on the condition that the Ci- ty of Dubuque shall be provided keys or other independent means of access ~o the easement area. Section 3. That all existing recorded easements shall remain in effect. Section 4. That the City of Dubuque covenants and agrees to have an ap- propriato abstract of title to said pro- perry to be prepared from U.S. Govern- ment Entry to date of certification. Section 5. That the CYty of Dubuque, Iowa proposes to dispose of its in- retest, with the reservations identified herein, for the consideration in pay- merit of $16,232.85 plus cost of plat- ting, abstracting, publication and ~cording fees. Section 6. That the City Clerk be and is hereby authorized and directed to cause a notice to be published as prescribed under 364.7 - Disposal of Property - Code of Iowa, 1984 or as amended. Passed, adopted and approved this 18th day of March, 1985. James E. Brady Mayor Special Session ATTEST: Mary A. Davis City Clerk Council Member Deich moved adop- tion of the Resolution and that the public hearing be set for April l, 1985. Seconded by Member Kronfeldt. Car- fled by the following vote: Yeas--Mayor Brady, Council Mem- bers Beurskens, Deich, Hammel, Kluesner, Kronfeldt, Manning, Nays--None. Communication of City Manager re- questing approval to vacate an ease- ment which lies in the northeast corner of the property purchased by Klauer Manufacturing Company for their new plant on Roosevelt Street Extension, presented and read. Council Member Deich moved that the communication be received and filed and public hearing be held on April 1, 1985. Seconded by Council Member Beurskens. Carried by the foilowing vote: Yeas--Mayor Brady, Council Mem- bers Beurskens, Deich, Hammel, I~uesner, Kronfeldt, Manning. Nays--None. Communication of Corporation Counsel Lindahl suhinitting proper mo- tions to be made regarding adoption of the Zoning Ordinance and Zoning Map, presented and read. Council Member Beurskens moved that the co~nmunica- tion be received and filed. Seconded by Council Member Kronfeldt. Carried by the following vote: Yeas--Mayor Brady, Council Mem- bers Beurskens, Dnich, Hammel I{luesner, Kronfeldt, Manning. Nays--None. Council Member Kronfeldt moved reconsider action taken at meeting of [ March 4, 1985 regarding adoption of I Ordinance No. 13-85. Seconded by Council Member Deich. Carried by the following vote: Yeas--Mayor Brady, Council Mem- bers Beurskens, Dnich, Hammel Kluesner, Kronfeldt, Manning. Nays--None. CounCil Member Kronfeldt moved t¢ adopt the reclassification as approved by the Planning and Zoning Commis- sion for the Stcichen property. Second- ,Marchl8, 1985 125 ed by Council Member Manning. Car- ried by the following vote: Yeas--Mayor Brady, Council Mem- bers Beurskens, Deich, Hammel, Kluesner, Kronfeldt, Manning. Nays--None. Council Member Manning moved to adopt the reclassification as approved by Planning & Zoning Comnfission for the DuMed property. Seconded by Council Member Dcich. Carried by the following vote: Yeas--Mayor Brady, Council Mem- bers Deich, Hammel, Kluesner, Mann- Lag. Nays--None. Abstain--Council Members Beur- skens, Kronfeldt. Council Member Kronfeldt moved to adopt the reclassification as approved by the Planning & Zoning Commission for the Hirsch Apartments. Seconded by Council Member Manning. Carried by the following vote: Yeas--Mayor Brady, Council Mem- bers Beurskens, Deich, Hammel, Kluesner, Kronfeldt, Manning. Nays--None. Council Member Manning moved to approve the Planning & Zoning Com- mission's recommendation to deny the request for the Sauer property. Second- ed by Council Member Kronfeldt. Car- ried by the following vote: Yeas--Mayor Brady, Council Mem- bers Beurskens, Deich, Kluesner, Kronfeldt, Manning. Nays--HammeL ORDINANCE NO. 13-85 AN ORDINANCE ESTAB- LISHING COMPREHENSIVE ZON- ING FORTHE CITY OF DUBUQUE, IOWA AND PROVIDING FOR THE ADMINISTRATION, ENFORCE- MENT AND AMENDMENT THERE- OF IN ACCORDANCE WITH THE PROVISIONS OF CHAPTER 414, CODE OF IOWA, 1983 AND FOR THE REPEAL OF ALL OR- DINANCES IN CONFLICT HEREWITH, presented and read. 126 Special Session March 18, 1985 Council Member Kronfeldt moved that the reading just had be considered the first reading of the Ordinance. Second- ed by Council Member Manning. Car- ried by the following vote: Yeas--Mayor Brady, Council Mem- bers Beurskens, Deich, Hammel, IGuesner, Kronfeldt, Manning. Nays~None. Council Member Kronfni~t moved that the rule requiring an Ordinance to be read at 3 separate meetings be dispensed with. Seconded by Council Member Manning. Carried by the following vote: Yeas--Mayor Brady, Council Me~n- hers Beurskens, Dnich, Hammel, IGuesner, Kronfnidt. Manning. Nays--None. ORDINANCE NO. 13-85 AN ORDINANCE ESTABLISHING COMPREHENSIVE ZONING FOR THE CITY OF DUBUQUE, IOWA AND PROVIDING FOR THE ADMINISTRATION, ENFORCE- MENT AND AMENDMENT THEREOF IN ACCORDANCE WITH THE PROVISIONS OF CHAPTER 414, CODE OF IOWA, 1983 AND FOR THE REPEAL OF ALL ORDINANCES IN CONFLICT HEREWITH. WHEREAS, Chapter 414 of the Code of Iowa 1983 empowers the City of Dubuque, Iowa to enact a zoning ordnance and to provide for its admin- istration, enforcement and amend- men); and WHEREAS, the City Council deems it necessary for the purpose of promot- ing the health, safety, morais and gen- eral welfare of the City to enact such an ordinance; and WHEREAS, the City Council pursu- ant to the provisions of Chapter 414 of the Code of Iowa 1983 has appointed a Zoning Commission to recommend the boundaries of the original districts and appropriate regulations to be enforced therein; and WHEREAS, the Zoning Commission has divided the City into districts of such number, shape and area as are deemed best suited to carry out the purpose of this ordinance and has pre- pared regulations pertnining to such districts in accordance with a compre- hensive plan and design to lessen con- gestions in the streets; to secure safety from fire, flood, panic, and other dan- gers; to promote health and the gen- eral welfare, to provide adequate light and air, to prevent the overcrowding of land; to avoid undue concentration of population; to facilitate the adequate provision of transportation, water, sew- age, schools, and parks and other requirements; and WHEREAS, the Zoning Commission has given reasonable consideration, among other things, to the character of the area of the district and the peculiar suitability of such area for particular uses, with a view to conserving the value of buildings and encouraging the most appropriate use of lands through- out the City; and WHEREAS, the Zoning Commission has made a preliminary report and held public hearings thereon, and has thereafter submitted its final report to the City Council; and WHEREAS, the City Council has given due public notice of hearings relating to zoning districts, regulations, and restrictions, and has held such ublic hearings; and WHEREAS, all requirements of Chapter 414 Code of Iowa 1983 with regard to the preparation of the report of the Zoning Commission and subse- quent action of the City Council have been met; NOW THEREFORE BE IT ORDAINED BY THE CITY COUN- CIL OF THE CITY OF DUBUQUE IOWA: SECTION 1 INTRODUCTION 1.1 Title This Ordinance shall be known and may be cited and referred to as the Zoning Ordinance of the City of Dubuque, Iowa. 1-2 Purpose The zoning regulations and districts as herein established have been made for the purpose of promoting the health, safety, and general weffare of the com- munity, and for the protection and )reservation of places and areas of his- torical and cultural importance and significance. The zoning regulations and districts have been designed to lessen congestion in the streets; to secure safety from fire and other haz- ards; to provide adequate light and air; to prevent the overcrowding of land; to avoid undue concentration of popula- )ion and to facilitate the adequate pro- vision of transportation, water, sewage, schools~ parks and other puzd- lic requirements. The zoning regulations and districts have been made with rea- sonab]e consideration of the character of the distrirt and its suitability for the particular uses, and with a view of conserving the value of buildings and Special Session, March 18,1985 127 encouraging the most appropriate use of land throughout the community. 1-3 Interpretation In their application, the provisions of this ordinance shall be held to be the minimum requirements for the promo- tion of the purposes of this Ordinance and the provisions shah be interpreted in accordance with the following: 1-3.1 Minimum Requirements: In their interpretation and application, the provisions of this ordinance shall be held to be the minimum require- ments for the promotion of the public health, safety, morals, convenience, comfort, prosperity and general wel- fare. 1-3.2 Overlapping or Contradic- tory Regulations: Where the condi- tions flnposed by any provision of this ordinance upon the use of land, build- ings, or structures are either more restrictive or less restrictive than com- parable conditions imposed by any other provision of this ordinance or of any other law, ordinance, resolution, rule or regulations of any kind, the reg- ulations which are more restrictive shall govern. 1-3.3 Private Agreements: This ordinance is not intended to abrogate, annul or otherwise interfere with any easement, cove~mnt or any other pri- vate agreement or legal relationship; provided, however, that where the reg- ulations of this ordinance are more restrictive or impose higher standards or requirements than such easement, covenant or other private agreement of legal relationship, the regulations of this ordinance shnil govern. 1-3.4 Unlawful Uses: No building, structure, or use which was not law- fully existing at the time of the adop- tion of this ordinance shall become or be made lawful solely by reason of the adoption of ~his ordinance; and to the extent that, and in any respect that, said unlawful building, structure or use is in conflict with the requirements of this ordinance, said building, structure or use remcins unlawful hereunder. 1-3.5 Not A Licensing Ordinance: Nothing contained in this ordinance shall be deemed to be a consent, license or pemfft' to use any property or to locate, construct or maintain any building, structure or facility or to carry on any trade, industry, occupa- tion or activity. 1-3.6 Cumniative Provlsionsi The provisions of this ordinance are cumu- lative m~d additional limitations upon all other laws and ordinances, hereto- fore pasc"""""""""""""""""~d or which may be passed hereafter, governing any subject mat- )er in this ordinance. 1-4 Severability It is hereby declared to be the inten- ~on of the City Council of the City of Dubuque that the several provisions of this ordinance are separable, in accor- dance with the following: a) If any court of competent juris- diction shall adjudge any provision of this ordinance to be invalid, such judgement shall not affect gny other provisions of tiffs ordinance. b) If any court of competent jurla- diction shah adjudge invalid the appli- cation of any provision of this ordinance to a particular parcel of land, a building or other structure, such judgement shall not affect the application of said provisions to any other parcel of land, building or stsuc- SECTION 2 GENERAL PROVI- SIONS 2-1 Establishment of Districts In order to carry out the purposes of this Ordinance, the following districts are hereby established: Residential Districts R-1 Single Family Residential District R-2 Two Family Residential District R-2A Alternate Two Family Residen- )iai District R-3 Moderate Density Multi-Family Residential District R-4 Multi-Family Residential District PR Plam~ed Residential District Office Districts OR Office/High Density Multi-Family Residential District OS Office/Service District Commercial District C-1 Neighborhood Commercial Dis- trict C-2 Neighborhood Shopping Center District C-3 General Commercial District C-4 Downtown Commercial District C-5 Central Business District CS Commercial Service and Wholesale District CR Commercial Recreation District PC Planned Commercial District Industrial Districts LI Light Industrial District HI Heavy Industrial District PI Planned Industrial District Special Purpose Districts AG Agricultural District ID Institutional District FL Flood Hazard Overlay District 2-2 Zoning Map Adopted The City is hereby divided into dis- tricts as shown on the Official Zoning Map, which together with all explana- tory matter thereon, is hereby adopted 128 Special Session March 18, 1985 by reference and declared to be a part of this ordinance. 2-2.1 Identification and Location of Zoning Map: The Official Zoning Map shall be identified by the signs- ture of the Mayor, attested by the City Clerk togethex with the date of adop- tion of this ordinance. The Official Zoning Map shall be located in the office of Development Services. 2-2.2 Amendment of Official Zon- lng Map: Amendments made to the Official Zoning Map in accordance with provisions of this ordinance and Chapter 414, Code of Iowa 1983 shall be entered on the Official Zoning Map promptly upon receiving a copy of the Ordinance signed by the Mayor and City Clerk approving said amendment. No shanges of any nature shah be made on the Official Zoning Map except in conformity with the proce- dure set forth in this ordinance. 2-3 Annexation Zoning Policy All territory which may hereafter be annexed, either voluntarily or involun- tarily, to the City shah be classified AG Agricultural District, and shall remain in that classification pending request for reclassification in accor- dance with the provisions of Section 6 of this Ordinance. 2-4 Application of District Regula- tions Regulations within each district shall be applied udiformly to each class or kind of structure or land. 2-4.1 Conformance to Use Regu. lations: No building, structure, or land simll hereafter be used or occu- pied and no building, structure, or part thereof, shah hereafter be erected, con- structed, reconstructed, moved, or structurally altered except in confor- miry with all of the regulations herein specified for the district in which it is located. 2-4.2 Conformance to Bulk and Yard Regulations Required: No building or other structure shall here- after be erected or altered: a) to exceed the height or bulk; b) to accommodate or house a greater number of families; c) to have narrower or smaller rear yards, front yards, side yards, or other open spaces than herein permitted; or in any other manner contrary to the provisions of this ordinance. 2-4.3 Yards, Open Space, and Off- Street Parking: No part of a yard, open space, off-street parking, or load- ing space required in connection with any building for the purpose of com- plying with this ordinance shall be included as part of a yard, open space, off-street parking, or loading space for any other building. 2-4.4 Reduction of Required Lots and Yards Prohibited: No yard or lot existing on the effective date of this ordinance shah be reduced in dimen- sion or area below the minimum requirements set forth herein. Yards or lots created after the effective date hereof shall meet at least the mini- mum requirements established by this ordilmnce. 2-5 Application and Scope of Regu. lations 2-5.1 Principal Permitted Uses: No building, structure, or part thereof, shall hereafter be built, moved or remodeled, and no building, structure or land shall hereafter be used, occu- pied, operated or designed for use or occupancy except for a use that is listed as a Principal Permitted Use or Accessory Use under the District Reg- niations for the Zoning District in which she building, structure or land is located. No Principal Permitted Use already established on the effective date of this ordinance shah be altered, modified or enlarged so as to conflict with, or further conflict with, the regu- lations for the zoning district in which such use is located. 2-5.2 Conditional Uses: No use of building, structure or land that is desiguated as a Conditional Use in any zoning district shall hereafter be estab- lished, and no existing conditional use, or part thereof, shall hereafter be changed to another Conditional Use in such district, unless a Conditional Use Permit has been secured in accordance with the provisions of Section 5-3.3 of this ordinance. Any established use on the effective date of this ordinance that would be classified as a Condi- tio~ml Use in the district in which it is located, has all the rights of an approved Conditional Use and does not require any additional approval or review. No Conditional Use already established on the effective date of this ordinance shall be altered, modified or enlarged so as to conflict with, or fur- ther conflict with, the regulations applicable to the zoning district in which such use is located. 2-5.3 Temporary Uses: Within any district established by this ordinance, temporary uses shall be permitted as listed within the Zoning District in which the proposed temporary use is located, but only provided that: a) a site plan, indicating the pro- posed use, length of stay, off-street parking, and traffic circulation be sub- Special Session March 18,1985 129 mitred with the appropriate filing fee as established in Section 7 and approved by signature of the City Dex;elopment Planner except as other- wise provided for in the District Regu- lations; and b) the use is of a limited and tem- parary duration, and in no case will exceed six (6) months; and c) the use will serve a public need or contribute to the public convenience and weffare; and d) the use bears some functional or other beneficial relationship to a per- mitted use within the district; and e) the use will not be likely to inter- fere with the appropriate use and enjoyment of nearby properties that may be affected by its operation. 2-5.4 Accessory Buildings, Struc- tm'es, and Uses: No accessory build- ing, structure or use, or temporary building, structure or use shall here- after be built, moved or remodeled established, altered or enhirged unless such accessory building, structure or use is permitted by and in conformance with the provisions of Section 4-1 of this ordinance, and all other reguhi- tions or requirements pertaining to the district in which such building, struc- ture or use is located. 2-5.5 Lot Size Requirements: Except as may be otherwise specifi- cally provided in this ordinance: a) No building, structure, or part thereof, shall hereafter be built, moved or remodeled, and no building, struc- ture or land shah hereafter be used, occupied, arranged, or designed for use or occupancy of a zoning lot which is smaller in area than the minimum lot area or minimum lot area per dwelling unit; narrower than the minimum lot width; or shallower than the minimum lot depth required in the zoning district in which the building, structure or hind is located. b) No e~isting building or structure shall hereafter be remodeled so as to conflict, or further conflict, with the lot area per dwelling unit requirements for the zoning district in which the building or structure is located. 2-5.6 Bulk Regulations: This ordi- nance expresses bulk regulations in terms of maximum building or struc- ture height, maximmn lot coverage, and minimum front, side and rear yards. Unless permitted elsewhere in this ordinance, no building/structure, or part thereof, shah hereafter be built, moved or remodeled, and no building, structure or land shall hereafter be used, occupied or designed for use or ~eeupancy: a) So as to exceed the maximum building or structure height, or max- imum lot coverage specified for the zoning district in which the building or structure is located; or, b) So as to provide any front, side, or rear yard that is less than that spe- eified for the zoning district in which such building, structure or use of land is located or meinteined. 2-5.7 Off-Street Parking and Loading Requirements: No structure shall hereafter be built or moved and no structure or land shall hereafter be used, occupied, or designed for use or occupancy unless the minbnum off- street parking and off-street loading spaces required by the provisions of this ordinance are provided. No struc- ture or use already established on the effective date of this ordinance shall be enlarged, expanded or increased in use unless the minimmn off-street parking and loading spaces which would be required by the provisions of this ordi- nance for such enlargement, expansion or increase in use are provided. 2-5.8 Exemption from Regula- tions: The following structures or uses are exempt from the regulations of this ordinance and shall be permitted in any district: a) Poles, wires, cables, conduits, vaults, laterals, pipes, mains, valves, or any other eimiiar equipment for trans- iuission or distribution to customers of telephone or other communication ser- vices, electricity, gas, steam or water, or the collection of sewage or surface water, operated or maintained by a public utility. b) Individually owned residential antennae not including sattelite receiv- ing dishes (see accessory structures). c) Railroad tracks, signals, bridges and simiHar facilities and equipment located on a railroad right-of-way. 2-5.9 Buildings, Structures and Uses of the City: Ail buildings, struc- tures, or uses owned or operated by the City of Dubuque not exempted by Section 2-5.8 shall also be exempted from the regulation of this ordinance and shall be permitted in any district )rovided that: a) A site plan is submitted and approved in accordance with the pro- visions of Section 4-4 of this ordi- 2-5.10 Structures Permitted Above the Height Limits: The fol- lowing may exceed the prescribed height lhnit provided they are required for a use penuitted in the district in which they are erected or constructed: 130 Special Session March 18, 1985 elevator bulkheads, belfries, stacks, cupolas, domes, spires, and other neces- sary mechanical appurtenances and their protective housing. Churches, however, may be erected to a height not exceefflng seventy-five (76) feet, provided that such buildings shall provide at least one additional foot of yard space on all sides for each additional foot by which such build- lng exceeds the maximum height limit of the district in which it is located. 2-6 Number of Buildings, Strut- tures and Uses Allowed Per Zoning Lot 2-6.1 Residential Districts: Within residential and office-residential dis- triers only one principal permitted use or building shall be located on a single zoning lot. In addition, no residential building shall be located on the same zoning lot with any other use except permitted accessory uses. 2-6.2 Other Districts: In other dis- tricts any number of buihtings, struc- tures or uses permitted by this ordinance may be established, provided that the individual district regulations can be met, except that for any build- lng used prhnarily for residential pur- poses, the provisions of 2-6.1 shall apply. 2-6.3 Planned Districts: Planned districts (PR, PC AND PI) are exempt from ti~e provisions of 2-6.1 and 2-6.2. 2-7 Yards Required All yards required by this ordinance shall be provided as open, unob- structed space except aspermitted in 2- 7.1. 2-7.1 Permitted Obstructions in Required Yards a) All Required Yards: Awnings, shutters, canopies, arbors and trellises; chimneys projecting not more than twenty-four (24) inches into the required yard; flag poles; steps neces- sary for access to a building or lot; fences and wails as provided in 2-8 of this ordinance; and hedges and other vegetation. b) Required Front Yards: Bay wlndowsbe3siels, or balconies projecting not more than five (5) feet into the required front yard; overhanging eaves and gutters projecting into the required front yard not more than one-third the distance to the front property line from an exterior wall; off-street park- ing, except that ten (10) feet of clear visibility shall be meintained on corner lots in accordance with Section 4-4.6 of this ordinance. c) Re~luired Rear Yards: Accessory uses, buildings or structures as permitted by 4-1 of this ordinance; attached or detached enclosed off-' street parking spaces; balconies, breezeways, open unroofed porches, terraces and decks; bay windows projecting not more than five (5) feet into she required rear yard; overhang- ing eaves and gutters projecting in~o the required rear yard not more than one-third the distance to the rear prop- erty llne from an exterior wall. d) Required Side Yards: Accessory uses, buildings or structures as permit- ted by 4-1 of this ordinance; overhang- ing eaves and gutters projecting into the required side yard not more than one-third the distance to the side prop- erty line from an exterior wall; open off-street parking, except as provided for in 4-1 of this ordinance. 2-7.2 Continuing Maintenance Required: The maintenance of any yard, open space, minimum lot area, or off-street parking space required by this ordinance shall be a continuing obligation of the owner of the property to which such requirements apply. No yard, open space, lot area, or off-street parking area required by this ordinance for any building, structure, or use shall, by virtue of change of ownership or any other reason be used to satisfy any yard, open space, lot area, or off-street parking area required for any other building, structure, or use, except as may be otherwise specifically provided herein. In addition, no yard or lot e~dsting at the effecU~ve date of this ordinance shall be reduced in dimen- sion or area below the minimum requirements set forth herein for the district in wifich such yard or lot is located. 2-8 Fences 2-8.1 Residential Districts: 'On any residential lot fences may be erected to a height of seven (7) feet in all yards, except that fences erected in required front yards shall not exceed four (4) feet in height provided that ten (10) feet of clear visibility shall be dance with Section 4-4.6 of this ordi- 2-8.2 Other Districts: Fences sur- rounding school yards or located in other zoeing districts shall be exempt from the pro,hsions of 2-8.1 provided that visibility at intersections is not Ifindered. 2-8.3 Barbed Wire: Barbed wire shall not be permitted below eight (8) feet in height except on AG, Agsicul- turally zoned properties for purposes of containing IJvesteck. Special Sessior 2-9 Lots and Buildings to Front on Public or Approved Private Street All lots created after the effective date of tiffs ordinance shall front upon a public street or an approved private street, and no building shall be here- after erected or constructed except upon such a lot. Private streets must be included as part of a planned dis- trict. SECTION 3 DISTRICT REGULA- TIONS 3-1 Residential Districts 3-1.1 R-1 Single Family Residential District A. General Purpose and Descrip- tion: The R-1 District is the most restrictive residential district. The principal use of land in this district is for low density single-family dwell- ings and related recreational, religious and educational facilities normally required to service the residents within the district. Low density residential areas shall be protected from higher density residential development and from the encroaclmaent of incompati- hie uses. B. Principal Permitted Uses: The ibllowing uses shall be permitted in the R-1 District: 1) Single family residential dwelling (detached) (11) 2) Churches, convents and monas- teries (7) 3) Cemeteries, Mausoleums and Columbariums (47) 4) Public and private/parochial schools approved by Iowa State Board of Public Instruction (K-12) (10) 5) Public or private parks, golf courses, or similar natural recreation area (47) 6) Railroads and public or quasi- public utilities including substations (47) 7) Non-commercial nurseries and gardens (N/A) 8) Family homes (11) ( ) Parking Gronp - See See. 4-2 of this Ordinance C. Accessory Uses: The following uses shall be permitted as accessory uses ~s provided in Section 4 of this ordinance: I ) Attached garages 2) Detached garages 3) Non-commercial g~eenhouses 4) Solar collccters 5) Wind generators 6) Satellite receiving dishes - 7) Storage buildings 8) Readily moveable sports, recre- ation, or outdoor cooking equipment 9) Tennis courts, swimming pools . March 18, 1985 131 and similar permanent facilities 10) Home occupations 11) Non-commercial gardens and nurseries 12) Off-street parking and storage of vehicles 13) Fences 14) Garage sales or r~nnmage sales provided that not more than 3 such sales shall be allowed per premises per calendar year and not more than three (3) consecutive days per sale. D. Conditional Uses: The follow- ing condiUtonal uses are permitted in the R-1 District, subject to the provi- sions of Section 5 of this ordinance and are the minimum requirements for application to the Board of Adjust- ment for a conditional use permit: 1) Bed and breakfast homes, pro- vided that: a) The use is either located within an Historic Preservation District or is listed on the National Register of His- teric Places; b) the use is maintained within an owner occupied single family dwelling; c) not more than three (3) sleeping rooms may be used for such purposes; d) signage shall be limited to one (1) non-illuminated wall mounted sign not to exceed four (4) square feet in area; and e) the creation of overnight lodging facilities shall not be deemed an over intensification to surrounding proper- ties by way of traffic congestion. 2) Nursery School/Day Care Center, provided that: a) Fifty (50) square feet of indoor floor area (excluding halls and bath- rooms) and one hundred (100) square feet of fenced recreation space be pro- vided per ctfild; b) the parking group requirements can be met; (15) c) such facility shall supply loading and unloading of shildren so as not to obstruct public streets or create traf- fic or safety hazards; d) all licenses have been issued or have been applied for awaiting the outcome of the Board's decision; e) a single family home must be owner occupied; and f) signags shall be limited to one (1) nondllunfinated wall mounted sign not to exceed four (4) square feet in area. 3) Off-street parking of operable autsmobiles to serve a permitted or conditional use in an abutting office, commercial (except C-1 District) or institutional district only, provided that: a) no structure other than a screen- ing or security fence or wall shall be 132 Special Session March 18,1985 erected on the premises; b) signage shall be limited to one (1) free-standing sigq~ of no more than six (6) square feet in size per drive opening, identifying the parking use, providing directions or marking entrances and exits thereto; c) a site plan shall be submitted and approved as provided in Section 4 of this Ordinance. ( ) Parking Group - See Sec. 4-2 of F. Bulk Regulations: E. Temporary Uses: The following uses shall be permitted as temporary uses in the R-1 District: 1) Building or trailer for storage of materials and/or equipment necessary for construction authorized by a valid building permit, provided the location of the building or trailer has been approved by the Building Official. G. Parking Requirements: See Section 4-2 of this ordinance. H. Signs: See Section 4-3 of this 3-1.2 R-2 Two Family Residential District A. General Purpose and Descrip- tion: The R-2 District is intended to provide residential areas characterized by single famliy and two family dwell- ings. Increased densities and introduc- tion of two family housing types are intended to provide greater housing options while maintaining the basic qualities of a low density residential neighborbeod. B. Principal Permitted Uses: The following uses shall be permitted in the R-2 District. 1) Single family detached dwellings 01) 2) Two family dwelling (duplex) (11) 3) Townhouses (maximum 2 dwell- big unit) (11) 4) Churches, convents and monas- teries (7) 5) Cemeteries, mausoleums, cohim- bariums (47) 6) Public and private/parochial schools approved by Iowa State Board of Public Instruction (K-12) (10) 7) Public or private parks, golf courses, or similar natural recreation areas (47) 8) Railroads and public or quasi- public utilities including substations (47) 9) Non-commercial nurseries and gardens (N/A) 10) Family homes (11) ( ) Parking Group - See Section 4-2 of this Ordinance. C. Accessory Uses: The following uses shall be permitted as accessory uses as provided in Section 4 of this otdhmnce. Special Session 1) Attached garages 2) Detached garages 3) Non-commercial greenhouses 4) Solar collectors 5) Wind generators 6) Satellite receiving dishes 7) Storage buildings 8) Readily moveable sports, recre- ation, or outdoor cooking equipment 9) Tennis courts, swimming pools and similar permanent facilities 10) Home occupations 11) Non-commercial gardens and 12) Off-street parking and storage of vehicles 13) Fences 14) Garage sales or rummage sales provided that not more than 3 such sales shall be allowed per premises per calsndar year and not more than three (3) consecutive days per sale. D. Conditional Uses: The follow- ing conditional uses are permitted in the R-2 District, subject to the provi- sions of Section 5 of this ordinance and are the minimum requirements for application to the Board of Adjust- ment for a conditional use permit: 1) Bed and breakfast homes, pro- vided that: a) The use is either located within an Historic Preservation District or is listed on the National Register of His- teric Places; b) the use is maintained within an owner occupied single family dwelling; c) not more than three (3) sleeping rooms may be used for such purposes; d) signage shall be limited to one (1) nondliuminated wall mounted sign not to exceed four (4) square feet in area; and e) the creation of overnight lodging facilities shall not be deemed an over intensification to surrounding proper- ties by way of traffic congestion. 2) Hospice, provided that: a) The parking group requirements can be met; (2) b) signs shall not be permitted. 3) The nursery schaol/day care cen- ter, provided that: a) l~ty (50) square feet of indoor floor area (excluding halls and bath- rooms) and one hundred (100) square feet of fenced recreation space be pro- vided per child; b) the parking group requirements can be met; (15) c) such facility shall supply loading and unloading of children so as not to obstruct public skeets or create traf- fic or safety hazards; d) ali licenses have been issued or have been applied for awaiting the March 18, 1985 133 outcome of the Board's decision; e) a single family home must be owner occupied; and f) signage shall be linrited to one (1) non-illuminated wall mounted sign not to exceed four (4) square feet in area. 4) Off-street parking of operable automobiles to serve a perntitted or conditional use in an abutting office, commercial (except C-1 District), or institutional district only, provided that: a) No structure other than a screen- ing or security fence or wall shall be erected on the premises; b) signage shall be limited to one (1) free-standing sign of no ~nore than six (6) sqnare feet in size per drive opening, identifying the parking use, providing directions or marking entrances and exits thereto; c) a site plan shall be submitted and approved as provided in Section 4 of this Ordinance. ( ) Parking Group - See Sec. 4-2 of this ordinance. E. Temporary Uses: The following uses shall be permitted as temporary uses in the R-2 District: 1) Building or trailer for storage of materials and/or equipment necessary for construction authorized by a vabd building permit, provided the location of the building or trailer has been approved by the Building Official. 134 Special Session, March 18, 1985 F. Bulk Regulations: R'2 DISTRICT BULK REGULATIONS PERMITTED USES G. Parking Requirements: See Sec- tion 4-2 of this ordinance. H. Signs: See Section 4-3 of this ordi- 3-1.3 R-2A Alternate Two-Family Residential District A. General Purpose and Descrip- tlon: The R-2A District is intended to provide for the protection of certain older areas of the community deve- loped principally as single family and two family uses. The purpose of this district is to stabilize and preserve the residential character of existing areas though the establishment of bukk regu- lations in conformity with existing conditions. 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 coverages than allowed in the more recent developing provided. The R-2A District is to be selectively placed on those areas dis- playing one or more of the above char- acteristics. Principal Permitted Uses: The following uses shall be permitted in the R-2A District: 1) Single ihmily detached dwellings (11) 2) Two family dwelling (duplex) (il) 3) Townhousos (mfiximum 2 dwell- ing milts) (11) 4) Churches, convents and monas- teries (7) 5) Cemeteries, mausoleums, colum- bariums (47) 6) Public and private/parochial schools approved by Iowa State Board of Public Instruction (K-12) (10) 7) Public or private parks, golf com'~s, or similar natural recreation areas (47) 8) Railroads and public or quasi- public utilities including substations (47) 9) Non-commercial nurseries and gardens (N/A) 10) Family homes (ll) ( ) Parking Group - See Sec. 4-2 of tiffs ordinance. C. Accessory Uses: The following uses shall be permitted as accessory uses as provided in Section 4 of this ordinance: 1) Attached garages 2) Detacbed garages 3) Non-commercial greenhouses 4) Solar collectors 5) Wind generators Special Sessior 6) Satellite receiving dishes 7) Storage buildings 8) Readily moveable sports, recre- ation, or outdoor cooking equipment 9) Tennis courts, swimming pools and similar permanent facilities 10) Home occupations 11) Non-commercial gardens and 12) Off-street parking and storage of velficles 13) Fences 14) Garage sales or rummage sales provided that not more than 3 such sales shall be allowed per premises per calendar year and not more than thre~ (3) consecutive days per sale. D. Conditional Uses: The follow- ing conditional uses are permitted in the R-2A District, subject to the provi- sions of Section 5 of this ordinance and are the minimum requirements for application to the Board of Adjust- ment for a conditional use permit: 1) Individual zero lot line homes provided that: a) The adjoining property owner, on the zero lot line side, agrees to the property line location and to provid- ing a five (5) foot maintenance ease- ment prior to Board review; and b) the roof overhang shall not extend across the property line; and c) a minimum of six (0) feet can be maintained between homes/and other 2) Bed and breakfast homes, pro- vided that: a) The use is either located within an Historic Preservation District or is [isted on the National Register of His- toric Places; b) tlie use is maintained within an owner occupied single family dwelling; c) not more than three (3) sleeping rooms may be used for such purposes: d) aignage shall be limited to one (1) nondlhiminated wall mounted sign net to exceed four (4) square feet in area; and e) the creation of overnight lodging facihties shall not be deemed an over intensification to surrounding proper- ties by way of traffic congestion. 3) Hospice, provided that: a) The parking group requirements can be met; (2) b) signs shah not be permitted. 4) Nursery school/day care center, provided that: a) Fifty (50) square feet of indoor floor area (excluding halls and bath- rooms) and one hundred (100) square feet of fenced recreation space be pro- vided per child; b) the parking group requh~ements , March 18, 1985 135 can be met; (15) c) such facility shall supply loading and unloading of clffldren so as not to obstruct public streets or create traf- fic or safety hazards; d) all licenses have been issued or have been applied for awaiting the outcome of the Board's decision; e) a single family home must be owner occupied; and f) signage shall be limited to one (1) non-ilhiminated wall mounted sign not to exceed four (4) square feet in area. 5) Off-street parking of operable automobiles to serve a permitted or conditional use in an abutting office, commercini (except C-1 District), insti- tutional or industrial district, provided that: a) No structure other than a screen- ing or security fence or wali shall be erected on the premises; b) signage shall be limited to one (1) free-standing sign of no more than six (6) square feet in size per drive opening, identifying the parking use, providing directions or marking entrances and exits thereto: c) a site plan shall be submitted and approved as provided in Section 4 of this Ordinance. 6) Off-premise residential garage, provided that: a) It is incidental and subordinate to a permitted residential use and located on a lot within three hundred (300) feet of the residential use it b) it is owned and maintained by the property owner within three hun- dred (300) feet of the residential use it serves; c) Such use shall be designed, con- structed and maintained in harmony with the residential setting, in which it is located; d) no such use shall exceed seven- hundred and twenty (720) square feet of floor m'ea per dwelling unit and a haigbt of fifteen 05) feet; e) no commercial storage~ sales or home occupations shall be permitted within such structure; fl no outside storage shall be per- nfitted in conjunction with such use; g) a site plan shall be submitted as ~rovided for in Section 4-4 of this ordi- ( ) Parking Group - See Sec. 4-2 of this ordinance. E. Temporary Uses: The fofiowing uses shall be permitted as temporary tkqes in tbe R-2A District: 1) Building or trailer for storage of materials and/or equipment necessary fdr construction authorized by a valid 136 Special Session, March 18,1985 building permit, provided the location ~ of the building or trailer has been approved by the Building Official. F. Bulk Regulations: R,2A DISTRICT BULK REGULATIONS PERMITTED USES See Section A-g for Maximum Front Yard Setback AllOwed. 1 = Cul-de-Sac 2 ~ Local Street 3 = Collector 4 ~ Minor Arterial 5 = Principal Arterial Plus one additional foot of setback for every foot in height · ahove~O feet with no part to exceed 75 feet in height, Applied to exterior walls only G. Parking Requirements: See Section 4-2 of this ordinance. H. Signs: See Section 4-3 of this ordinance. $-1.4 R-3 Moderate Density Multi- Family Residential District A. General Purpose and Descrip- tion: The R-3 District is intended to provide residential areas of moderate density developments which may include a variety of dwelling types ranging from single family to low-rlso multi-family dwellings. B. Principal Permitted Uses: The following uses shall be permitted in the R-3 District: 1) Single family detached dwellings (ti) 2) Two family dwelling (duplex) (11) 3) Multi-family dwelling (maxin~um 6 dwelfing unite) (9) 4) Townhouses (maxhimm 6 dwell- ing uuits) (11) 5) Churches, convente, and monas- teries (5) 6) Cemeteries, mausoleums, colum- bariums (47) 7) Public and private/parochial schools approved by Iowa State Board of Pubfic Instruction (K-12) (10) 8) Public or private parks, golf courses, or shuilar natural recreation areas (47) 9) Railroads and public or quasi- public utilities including substations (47) 10) Non-commercial nurseries and gardens (N/A) 11) Family homes (11) ( ) Parking Group - See Sec. 4-2 of this Ordinance. C. Accessory Uses: The following uses shall be permitted as accessory uses as provided in Section 4 of this 1) Attached garages 2) Detached garages 3) Non-commercial gree~houses 4) Solar collectors 5) Wind generators 6) Satellite receiving dishes 7) Storage buildings 8) Readily moveable sports, recre- ation, or outdoor cooking equipment 9) Tennis courts, swimming pools Special Session March 18, 1985 137 and similar permanent facilities 10) Home occupations 11) Non-commercial gardens and 12) Off-street parking and storage of vehicles 13) Fences 14) Garage sales or rummage sales provided that not more than 3 such sales shall be allowed per premises per calendar year and not more than three (3) consecutive days per sale D. Conditional Uses: The follow- ing conditional uses are permitted in tbe R-3 District, subject to the provi- sions of Section 5 of this ordinance and are the minimum requirements for application to the Board of Adjust- ment for a conditional use permit: 1) Individual zero lot Hue detached dwellings, provided that: a) The adjoining property owner, on the zero lot line side, agrees to the property line location and to provid- ing a five (5) foot maintenance ease- ment prior to Board review; and b) the roof overhang shall not extend across the property fine; and c) a minimum of six (6) feet can be maintained between homes/and other structures. 2) Group homes, provided that: a) Not less than six hundred and fifty (650) square feet of lot area be provided per resident; b) the parking group requirements can be met; (4) c) signs shall not be permitted except for nameplates. 3) Bed and breakfast homes, pro- vided that: a) The use is either located within m~ Historic Preservation District or is listed on the National Register of His- toric Places; b) the use is mointained within an owner occupied single family dwelling; c) not more than three (3) sleeping rooms may be used for such purposes; d) signage shall be limited to one (1) non-illuminated wall mounted sign not to exceed four (4) square feet in area; and e) the creation of overnight lodging facifities shall not be deemed an over intensification to surrounding proper- ties by way of traffic congestion. 4) Hospice, provided that: a) The parking group requirements can be met; (2) b) signs shall not be permitted. 5) Nursery school/day care center, provided that: a) Fifty (50) square feet of indoor floor area (excluding halls and bath- rooms) and one hundred (100) square feet of fenced recreation space be pro- vided per clfild; and b) the parking group requirements can be met; (15) c) such facility shafi supply loading and uuioading of children so as not to obstruct pubfic streets or create traf- fic or safety hazards; d) all licenses have been issued or have been applied for awaiting the outcome of the Board's decision; e) a single family home must be ow~er occupied; and f) signage shall be limited to one (1) non-illuminated wall mounted sign not to exceed fou~ (4) square feet in area. 6) Rooming/boarding houses, maxi- mmn 10 roomers, provided that: a) The parking group requirements can be met; (4) b) the owner or manager of said use shall maintain a permanent residence on site. 7) Nursing or convalescent home, provided that: a) The minimum lot size for such use shah be 40,000 square feet; b) a minimum lot frontage of 100 feet shall be maintained; and c) the parking group requirements can be met; (2) 8) Housing for the elderly handi- capped and disabled, provided that: a) The parking group requirements can be met. (3) 9) Mortuaries and funeral homes, )rovided that: a) A minimum lot size of 20,000 square feet shah be provided; b) a minimum lot frontage of 100 feet shall be maintained; c) the 40% maximum lot coverage shall not be exceeded; d) a site plan shall be provided showing the proposed layout of the buildings, parking area, drive aisles, and required screening and landscaping according to the site plan provisions of Section 4-4 of this ordi- e) the parking group requirements can be met. (12) 10) Off-street parking of operable automobiles te serve a permitted or conditional use in an abutting office, comme~sial (except C-1 District), insti- tutional or industrial district, provided that: a) no structure other than a screen- lng or security fence or wall shall be erected on the premises; b) signage shall be llnfited to one (1) free-standing sign of no more than six (6) square feet in size per drive opening, identifying the parking use, providing directions or marking Special Sessioe. March 18, 1985 entrances and exits thereto; c) a site pian shah be submitted and approved as provided in Section 4 of this Ordinance. 11) Off-premise residential garage, provided that: a) It is incidental and subordinate to a permitted residential use and located on a lot within three hundred (300) feet of the residential use it b) it is owned and mdintalned by the property owner within three hun- tired (300) feet of the residential use c) such use shall be designed, con- structed and maintained in harmony with the residential setting in which it is located; d) no such use shall exceed seven- hundred and twenty (720) square feet of floor area per dwelling unit and a height of fifteen (15) feet; F. Bulk Regulations: home occupations shall be permitted within such structure; f) no outeid? storage shah be per- mitted in conjunction with such use; g) a site plan shah be submitted as provided for in Section 4-4 of this ordi- ( ) Parking Group - See Sec. 4-2 of tiffs ordinance. E. Temporary Uses: The following uses shall be permitted as temporary uses in the R-3 District: 1) Building or trailer for storage of materials and/or equipment necessary for construction authorized by a valid building permit, provided the location of the building or trailer has been approved by the Building Official. R.3 DISTRICT BULK REGULATIONS See Section 4-9 for Maximum Front Yard Setback All o~ed. 1 = Cul-de-Sac 2 = Local Street 3 = Collector 4 = Minor Arterial 5 - Principal Arterial Plus one additional foot of setback for every foot in height above 30 feet with no part to exceed 75 feet in height, Applied to exterior walls only Special Session March 18, 1985 139 G. Parking Requirements: See Section 4-2 of this ordinance. H. Signs: See Section 4-3 of this ordinance. 3-1.5 R-4 Multi-Family Residential District A. General Purpose and Descrip- tion: The R-4 District is intended to provide residential areas of moderate to high density developments. The District is usually located adjacent to a major street and serves as a buffer or transition between commercial development or heavy automobile traf- tic and medium density residential development. B. Principal Permitted Uses: The following uses shall be permitted in the R-4 District: 1) Multi-Family dwellings (3 to 12 units per building) (9) 2) Townhouses (3 to 12 Units laterally attached) (9) 3) Rooming/boarding house (maxi- mum 10 roo~ners) (4) 4) Churches, convents and monas- teries (7) 5) Cemeteries, mausoleums and columbariums (47) 6) Public and private/parochial schools approved by Iowa State Board of Public Instruction (K-12) (10) 7) Public or private parks, golf courses, or similar natural recreation areas (47) 8) Railroads and public or quasi- public utilities including substations (47) 9) Non-commercial nurseries and gardens (N/A) 10) Family homes (11) ( ) Parking Group - See Sec. 4-2 of this Ordinance. C. Accessory Uses: Tbe following uses shall be permitted as accessory uses as provided in Section 4 of this 1 ) Attached garages 2) Detached garages 3) Non-commercial greenhouses 4) Solar collectors 5) Wind generators 6) Satellite receiving dishes 7) Storage buildings 8) Readily moveable sports, recre- ation, or outdoor cooking equipment 9) Tennis courts, swimming pools and similar permanent facilities 10) Home occupations 11) Non-commercial gardens and 12) Off-street parking and storage of vehicles 13) Fences 14) Garage sales or rummage sales provided that not nmre than 3 such sales shall be allowed per premises per calendar year and not more than three (3) consecutive days per sale D. Conditional Uses: The follow- ing conditional uses are permitted in the R-4 District, subject to the provi- sions of Section 5 of this ordinance and are the minimum requirements for application to the Board of Adjust- ment for a conditional use permit: 1) Group homes, provided that: a) Not less than six hundred and fifty (650) square feet of lot area be provided per resident; b) the parking group requiremente can be met; (4) c) signs shall not be pemtitted except for nameplates. 2) Bed and breakfast homes, pro- vided that: a) The use is either located within an Historic. Preservation District or is listed on the National Register of His- toric Places; b) signage shall be limited to one (1) non-illuminated wall mounted sign not to exceed four (4) square feet in area; and c) the creation of overnight lodging facilities shall not be deemed an over intensification to surrounding proper- ties by way of traffic congestion. 3) Hospice, provided that: a) The parking group requirements can be met; (2) b) signs shall not be permitted. 4) Nursery school/day care center, provided that: a) Fifty (50) square feet of indoor floor area (excluding halls and bath- rooms) and one hundred (100) square feet of fenced recreation space be pro- vided per child; and b) the parking group requiremente can be met; (15) c) such facility shall supply loading and unloading of children so as not to obstruct pubbc streets or create traf- fic or safety hazards; d) all licenses have been issued or have been applied for awaiting the outcome of the Board's decision; e) a single fansiiy home must be owner occupied; and f) signage shall be lintited to one (1) non-ilhiminated wall mounted sign not to exceed four (4) square feet in area. 5) Nursing or convalescent home, provided that: a) The midimum lot size for such use sball be 40,000 square feet; b) a minimum lot frontage of 100 feet shall be maintained; and c) the parking group requLrements can be met; (2) 6) Housing for the elderly, handi- 140 Special Session March 18, 1985 capped and disabled, provided that: a) The parking group requirements can be met. (3) 7) Mortuaries and funeral homes, provided that: a) A minimum lot size of 20,000 square feet shall be provided; b) a mliffmum lot frontage of 100 feet shall be maintnined; c) the 40% maximmn lot coverage shall not be exceeded; d) a site plan shall be provided showing the proposed layout of the buildings, parking area, drive aisles, and required screening and landscap- lng according to the site plan provi- skins of Section 4-4 of this ordinance. e) the parking group requirements can be met. (12) 8) Off-street parking of operable automobiles to serve a permitted or conditional use in an abutting office, commercial (gxcept C-1 District), insti- tutional, or industrial district, provided that: a) no structure other than a screen- ing or security fence or wall shall be erected on the premises; b) signage shall be limitad to one (1) free-standing sign of no ~nore than six (6) square feet in size per drive opening, identifying the parking use, providing directions or marking entrances and exits thereto; c) a site plan simll be submitted and approved as provided in Section 4 of this Ordinance. 9) Off-premise residential garage, provided that: a) It is incidental and subordinate to a permitted residential use and located on a lot witlffn three hundred (300) feet of the residential use it serves; b) it is owned and maintained by the property owner within three hun- dred (300) feet of the residential use it serves; c) such use shall be designed, con- structsd and maintained in harmony with the residential setting in which it is located; d) no such use shall exceed seven- hundred and twenty (720) square feet of floor area per dwelling unit and a height of fifteen (15) feet; e) no commercial storage, sales or home occupations shall be permitted within such structure; f) no outside storage shall be per- mitted in conjunction with such use; g) a site plan shall be submitted as provided for in Section 4-4 of this ordi- nance. ( ) Parking Group - See Sec. 4-2 of tiffs ordinance. E. Temporary Uses: The following uses shall be permitted as temporary uses in the R-4 District: 1) Building or trailer for storage of materials and/or equipment necessary for construction authorized by a valid building permit, provided the location of the building or trailer has been approved by the Building Official. Special Session, March 18, 1985 141 F. Bulk Regulations: b 1 = Cul-de-Sac 2 - Local Street 3 = Collector 4 = Minor Arterial 5 = Principal Arterial * Plus one additional foot of setback for every foot in height above 40 feet with no part to exceed 75 feet in height, + Applied to exterior walls only · Plus one additional foot per floor above O. Parking Requirements: See Section 4-2 of this ordinance. H. Signs: See Section 4-3 of this 3-1.6 PR Planned Residential A. General Purpose and Descrip. tlon: The PR District is intended to encourage flexible and innovative design in the development of proriate sites as integrated project units. Regulations for this district are designed. 1) to encourage new development to preserve and utilize as much as pos- sible existing land characteristics and features which offer visual or recrea- tional benefits or other ameuities; 2) to promoto the economic, attrac- rive, innovative, and har~nonious arrangement and design of new build- lugs, streets; utilities, and other improvements or structures; 3) to protect and enhance the quail ties of tranquillity, privacy, stability, attractivene.~s and spaciousness which are traditionally m~sociated with the most desirable residential environ- the second floor 4) to provide for the creation and )reservation of more and larger use- able public or common open spaces than would normally be provided under conventional development; 5) to encourage the careful design and planding of larger development projects and to give developers reason- able assurances regarding project approvals before the unnecessary expenditure of design efforts, while providing the City with the apropriato a.~surances that approved Planned Res- idential Development projects will retain the character envisioned at the time of project approval. Property may be reclassified to the Planned Residential designation when it appears that the particular develop- ment plan proposed for the parcel will ~romote the purposes of the District and this ordinance and is formulated in conformance with the review proce- dures and standards of this Section. B. Permitted Uses: 1. Primary Uses: The following p~i- mary tkses shall be permitted in the PR District, but only as estabhshed 142 Special Session, March 18, 1985 Special Session March 18, 1985 143 by the specific ordinance authorizing the PR District: a) Single family detached dwellings (11) b) Two family dwelling (duplex) (11) c) Multi-family dwelling (9) d) Townhouses (11) e) Individual zero lot line (11) f) Mobile home park/subdivision (11) g) Family home (11) 2. Secondary Uses: The fdilowing secondary uses shafi be allowed but only in conjunction with primary use or groups of uses as provided in the ordinance establishing the PR Dis- trict: a) Group home (4) b) Nursery school/day care center (lg) c) Rooming/boarding house (4) d) Nursing home (2) e) Housing for the elderly, handi- capped or disabled (3) f) Church, convent and monastery (7) j~ jjg~Cemetary, mausolenm, colum- barium (47) h) Public and private/parochial school approved by Iowa State Board of Public Instruction (K-12) (10) i) Public or private parks, golf courses, or simihir natural recreation areas (47) j) Railroads and public or quasi- public utilities including substations (47) k) Non-commercial nurseries and gardens (N/A) 1) Mortuary, funeralhome (12) m) Schools of private instruction (4) n) private club (20) 3. Contingency Uses: The follow- ing contingency uses shall only be allowed as specified within the specific ordinance authorizing the PR District establishment and shall only be con- structed after a minimum of fifty per- cent (50%) of the entire PR District development has been completed: a) General offices (14) b) Medical office/clihic (36) c) Personal services (14) d) Barber and beauty shop (16) e) Off-premise private residential garages (N/A) f) Gas station (18) g) Grocery store (17) h) Drug store/health care supplies (tT) i) Bakery (retail only) (19) j) Laundry/dry cleaner (19) k) Hardware store (17) 1) Flower/garden store/commercial ~eentmuse (17) m) Shoe repair (18) n) Drive-up automated bank teller (8) o) Laundromat (22) ( ) Parking Groups (See Section 4-2 of tiffs ordinance) C. Accessory Uses: The following uses shall be permitted as accessory uses as provided in Section 4 of this 1) Any use customarily incidental and subordinate to the principal use it serves except as otherwise limited by the specific ordinance authorizing the establishment of the particular PR District. D. Procedures for District Estab- fishment and Expansion: 1) Appllcatioo and Plan Submis- sion: Application for district establish- ment shall be filed, along with the appropriate filing fee as provided in Section 7 of this ordinance, with the Office of Development Services. The application shall be accompanied by a Conceptual Development Plan indiud- lng: a) Written Information · Legal description and address of property · Name, address and phone num- bex(s) of the property owner(s) · Proposed construction and land- scaping schedule indicating the timing and sequence of each development activity · Existing and proposed uses for all building~ or structures · Total area of property and all structures existing and proposed · Present and proposed type and numbor of parking spaces on the prop- b)Graphic Materials · Complete property dimensions; · The location, grade, and dimen- sions of all present and/or proposed streets or other paved surfaces and engineering cross-sections of proposed new curbs and pavement; · Proposed parking and traffic cir- culation plan, if applicable, showing location and dimensions of parking stalls, dividers, planters or similar per- manent improvements; perimeter screehing treatment, including land- scaping, etc.; · Location and dimensions of all buildings or major structures, both proposed and existing, showing exterior dimensions, number and area of floors, location, number and type of dwelling units, height of building(s), etc.; · Existing and proposed contours of the property taken at regular contour intervals not to exceed five (5) feet, or two (2) feet if the City Develop- ment Planner determines that greater conto~r detail is necessary to satisfac- torily make the determination: required by tt~s ordinance; · The general nature, location, and size of all significant existing natural land features, including but not fimited to sidewalks or paths, tree or bush masses, all individual trees over six (6) inches in diameter, grassed areas, sur- face rock and/or soil features, and all temporary bodies of water; · A lacational map or other draw- ing at appropriate scale showing the general location and relation of the property to surrounding areas, includ- ing, where relevant, the zoning and land use pattern of adjacent properties, the existing street system in the area, location of nearby public facilities etc. 2)Commission Hearing: A public hearing shall be held by the Planning and Zoning Commission on the appfi- cation in the same manner and with tt~e s~me public notice procedure as required for zoning reclassificaions. 3)Commission Recommendation The Planning Commission's recommen- dation shali be transmitted to the City Council with a statement of reasons in support of the recommendation. If the recommendation is one of approval, it shali contain recommended conditions or restrictions to be included in an ordinance authorizing the estabfish- ment or expansion of the PR District. The conditions or restrictions shall include but not be limited to: · ~ime fimitations, if any, for sub- mission of final development plans and · Uses permitted in this district. · Lot and bulk and performance standards for the development and operation of the permitted uses. · Reqdirement that any transfer of ownership or lease of property in the district include in the transfer or lease agreement a provision that the pur- chaser or lessee acknowledges aware- ness of the conditions authotizing the estab~ishinent of the district. 4)Conceptual Development Plan Approval: The Planning and Zoning Commission shall not approve the Conceptual Development Plan unless and until the Commission determines that such plan conforms to each of the foliowing standards: a) The Conceptual Development Plan is in substantial conformance with adopted Comprehensive Plans to guille the future growth and develop- ment of Dubuque. b) Expansions contemplated by the Plan are justifiable and reasonable in fight of the projected needs of the institution and the pubfic welfare. c) The proposed additions or expan- sions are designed so as to be function- ally integrated with the existing institutional facilities, with due regard to maintenance of safe, efficient, and convenient vehicular and pedestrian traffic. d) The proposed additions or expan- sions of use are permitted in the dis- trict m~d are of a location, size, and nature such that they are not likely to interfere with the appropriate use and enjoyment of property in abutting dis- tricts. e) The Conceptual Development Plan will not violate any provision or requisement of this ordinance. f) Approval of the Conceptual Development Plan shall be valid for a petiod of three (3) years, provided that after the first year, if no Final Site Development Plan has been filed, the Commission or Council may require the resubmission of a Conceptual Development Plan in conformity with the procedures and standards of this section. g) A new or amended Conceptual Development Plan may be filed with- out cost at any thne following Council approval 5)Council Action: Upon receiving the recommendation of the Commis- sion, the City Council shall act in the manner provided by law to approve or disapprove the requested zoning reclas- sification of the property. The affirma- tive vote of at least three-fourths of all the memborship of the Council shall be necessary to approve the Conceptual Development Plan when the Commis- sion has recommended disapproval thereof, or to remove any conditions, requirements, or lhnitations imposed by the Commission in approving the Conceptual Development Plan. 6)Submission of Final Site Devel- opment Plan: After passage of the ordinance authorizing the establish- ment of a PR District by the City Council, the applicant shall submit final site development plans to the City Development Planner within the period of time, if any, specified in said ordinance. The plans shall include detailed information as required of a final site plan for adequate considera- tion of the plans. The City Develop- ment Planner will judge the Final Site Development Plan for its conformance with the approved Conceptual Devel- 144 Special Session March 18, 1985 opment Plan, and if found to be in conformance with said plan the k~uance of building permits sball be permitted. Following approval of the Final Site Development Plan, no con- struction may take place except in substantial conformance with such Plan, If the project is phased, then each phase would be conridered on its own merit and be evaluated on the s~pecific ordinance requirements estab- fishing tbe district. The plans shall sat- isfy the subdivision regulations and other pertinent City ordinances where applicable. 7)Development According to Final Site Development Plan: a)Site Development Plan Review No building permit shall be issued for any site unless a site development plan has been submitted and approved in accordance with the provisions of Section 4-4 and unless such plan con- forms with the conditions of the adopted Conceptual Development Plan. b)Constrnction of Improvements or Posting of Bond No buildings may be erected and no uses may occupy any portion of the district until the required related off- rite improvements are constructed or appropriate security as determined by the Planning and Zoning Comnfission is provided to insure construction. If the PR District is to be developed in phases, all improvements necessary to tbe proper operation and functioning of each phase even though stone may be located outside of the section, nmst be constructed and installed or appro- priate security as determined by the Fiannuig and Zoning Commission must be provided to insure theft construc- c)Time Limitation If substantial construction or devel- opment does not begin within the period of time specified in the ordi- nance authorizing the establishment of the district or in resolutions adopted pursuant thereto, the City Council dation of the Planning and Znning Commission, rezone the porperty or any portion thereof to the zoning dis- trict classification that prevailed prior to the approval of the PR classifies- tion. al)Extension of Time Limitation The time limitation specified in the ordinance authorizing the establish- ment of the PR District for submisrion of final site development plans and for completion of construction may be extended by the City Council upon a showing of good cause. e)Changes from Plan After recording of a final site devel- opment plan, changes not inconsistent with the purpose or intent of this sec- tion may be approved by the Planning and Zoning Commission. Changes affecting the purpose or intent of this s~ction shall require a new petition to be filed. E. Lot, Bulk and Density Regula- tions: Lots, uses and structures shall conform to tbe lot mid bu~k standards specifically provided in the ordinance establishing a particular PR Planned Residential District or in resolutions adopted pursuant thereto, however, density requirements shall remain unchanged from the density applied to the property prior to PR designation, except as further provided under the district bonus incentive established in Section 3-1.6(G) of this ordinance. F. District Standards: The specific ordinance establishing a particular Planned Residential District or resu- lutions adopted pursuant thereto shall )rovide standards for the design, devel- opment, operation and mMnteaance of uses and structures. These standards may include, but are not limited to: 1) Control of operations outside of enclosed buildings. 2) Control of lighting and utilities. 3) Provision of lanscaping and pro- tection of natural areas. 4) Control of refuse collection areas. 5) Off-street parking and loading requirements. (If not included in the adopting ordinance establishing the specific PR District, then Section 4-2 of rids ordinance shall apply.) 6) Control of signage. (If not included in the adopting ordinance cstablistfing tbe specific PR District, then Section 4-2 of this ordinance shall apply.) G. District Bonus Incentive: The following bonus incentives shall be allowed and encouraged in order to provide attractive developments along with preservation of natural and/or developed open space: 1) Primary residential use listed under Section 3-1.6B(I) shall be allowed a density increase provided that: a) The percentage ratio of open space te density increase sball be cai- culated at 1.5:1 (1.5% open space to 1.0% density increase) up to a maxi- mmn of twenty (20) percent density b) the calculated density increase shafi be based on the zoning district apphed to the property prior to PR Special Session designation; and c) the ordinance establishing the spe- cific PR l)istrict shall provide for the density increase that will be allowed for development. (Example: Single Family Develop- Parcel Size; l0 Acres Prier Zoning: R-1 Prior Density Permitted: 7.2 Units/Acre 72 S.F. Units Ratio of Open Space to Density Increase: 1.5 to 1 Maximum Density Increase: 20~ Open Space Required Using Ratio: 305 PR Project: 10 Acres Max. Density: 8.6 Units/Acre 86 Units on 7 Acres Open Space: 3 Acres) 3~2 Office Districts 3-2.1 OR Office Residential Dis- trier A. General Purpose and Descrip- tion: The Office/High Density Multi- Fmnily Residential District is intended to encore'age and pem~it a mixture of cmnpatible office uses with high den- aity multi-family uses in an attractive landscaped setting. This district should generally be located in areas abutting arterial and/or collector streets which are, because of location and trends, suitable for development of low inten- sity office uses, thus muintaining a res- idential characteristic. This district is also ideally located in transitional areas between commercial and reriden- tia] development which is adaptable to occupancy by certain office uses. B. Principal Permitted Uses: The following uses shall be permitted in the OR District: 1) One and two-family dwelhng units wittfin existing structures only (9) 2) Multi-family dwellings (9) 3) Townhouses (3 or more laterally attached units) (9) 4) Rooming/boarding houses (4) 5) Nursing or convalescent homes (2) 6) Housing for the elderly, handi- capped or disabled (3) 7) Mortuaries and funeral homes 02) 8) Non-commercial art galleries, museums and libraries (13) 9) Artist studio (5) 10) General offices (14) 11) Personal services (14) 12) Churches, convents, and monas- teries (7) 13)Schools of private instruction March 18, 1985 (4) 145 14) Cemeteries, mausoleums, colum- bm~ums (47) 15) Public and private/parochial schools approved by Iowa State Board of Public Instruction (K-I 2) (10) 16) Public or private parks, golf cern'scs, or similar natural recreation areas(47) 17) Railroads and pubhc or quasi- public utilities including substations (47) 18) Non-commercial nurseries and gardens (N/A) 19) Family homes (11) ( ) Parking Group - See Sec. 4-2 of this ordinance. C. Accessory Uses: The following uses shall be pemdtted as accessory uses as pro~ided in Section 4 of this ordinance: 1) Attached garages 2) Detached garages 3) Greenhouses 4) Solar collectors 5) Wind generators 6) Satellite receiving dishes 7) Storage buiMings 8) Readily moveable sports, recre- ation, or outdoor cooking equipment 9) Tennis courts, swimming pools and similar permanent facilities 10) Home occupations 11) Non-connnercial gardens and nurseries 12) Off-street parking and storage of vehicles 13) Fences 14) Garage sales or runnnage sales ~rovided that not more than 3 such sales shall be alk~wed per prmnises per calendar year and not more than three (3) consecutive days per sale D. Conditional Uses: The follow- ing conditional uses ,qa,e permitted in tbe OR Disttict, subject to the pro,A- sions of Section 5 of this ordinance and are the minimum requirements for application to the Board of Adjust- ~nent for a conditional use permit: 1) Grnup hmnes, provided that: a) Not less than six hundred and fifty (650) square feet of lot area be provided per resident; b) the parking group requirements can be met. (4) 2) Bed and breakfast homes, pro- vided that: a) The use is either located within an Historic Preservation District or is listed on the National Register of His- toric Places; and b) rignage shall be limited to one (1) non-illuminated wall mounted sign not to exceed four (4) square feet in 146 Special Session, March 18, 1985 3) Hospice, provided that: a) The pm'king group requirements can be met, (2) 4) Nursery schodi/day care center, provided that: a) Fifty (50) square feet of indoor floor area (excluding halls and bath- rooms) and one hundred (100) square feet of fenced recreation space be pro- vided per child; and b) the parking group requirements can be met; (15) c) such facility shah supply loading and unloading of ctfildren so as not to obstruct public streets or create traf- fic or safety hazards; d) all licenses have been issued or have been applied for awaiting the outcome of the Board's decision; 5) Dental and medical labs provided that: off-street parking can be met. (8) 6) Private clubs, provided that: a) The parking group requirements can be met. (20) 7) Off-street parking of operable automobties to serve a permitted or conditional use in an abutting office service, commercial (except C-1 Dis- trict), institutional, or industrial dis- trict, provided that: a) no structure other than a screen- ing or security fence or wall shall be erected on the premises; b) signage shall be limited to one (1) free-standing sibqi of no more than six (6) square feet in size per drive opening, identifying the parking use, providing directions or marking entrances and exits thereto; c) a site plan shall be submitted and approved as provided in Section 4 of this Ordinance. 8) Off-premise residential garages, provided that: a) It is incidental and subordinate to a permitted residential use and located on a lot within three hundred (300) feet of the residential use it b) it is owneti and maintained by the property owner within three hun- dred (300) feet of the residential use it serves; c) such use shah be designed, con- structed and maintained in tmrmo~ny with the residential setting in which it is located; d) no such use shall exceed seven- hundred and twenty (720) square feet of floor area per dwelling unit and a height of fifteen (15) feet; e) no commercial storage, sales or home occupations shall be permitted within such structure; f) no outside storage shall be per- mitted in conjunction with such use; g) a site plan shah be submitted as provided for in Section 4-4 of this ordL 9) Barber and beauty shops, pro- vided that off-street parking can be met. (16) 10) Adaptive uses in historic or architecturally significant structm'es, provided that: a) the structure or property is either, 1) listed on the National Register of Historic Places or is eligible for such listing as determined by the Dubuque Historic Prese~wation Commission, or 2) located in an area which has been designated an Historic Preservation District in accordance with Chapter 19-1/2 and is supportive of neighbor- hood, city, state or national signifi- cance as determined by the Dubuque Historic Preservation Commission; b) only the following uses may'be authorized: 1) specialty shops for gift items, handicrafts, or clothing, 2) antique shops, 3) floral shops, 4) art galleries, 5) cabarets, and 6) restaurants; c) application has been made to the Dubuque Historic Preservation Com- mission for any change, alteration or modification of the external appear- ance of the building or property; and d) the Board of Adjustinent must find timt the type of merchandise to be sold, services to be rendered, num- ber of persons or employees on the premises, hours of business and other operational aspects of the proposed use are compatible with the appropriate development and use of neighboring properties and the intended historic or architectural character of the area. e) off-street parking can be met. (47) 11) Shoe repair provided that: off- street parking can be met.(18) 12) Commercial art gallery provided that: off-street parking can be met. (17) 13) Photographic studio provided that: off-street parking can be met. (23) 14) Parking structures ( ) Parking Group - See Sec. 4-2 of this ordinance. E. Temporary Uses: The following uses shall be permittod as temporary uses in the OR District: 1) Building or trailer for storage of materials and/or equipment necessary for construction authorized by a valid Special Session, March 18, 1985 147 building permit, provided the location of the building or trailer has been approved by the Building Official. F. Bulk Regulations: Requi~ed Setback G. Parking Requirements: See Section 4-2 of this ordinance. H. Signs: See Section 4-3 of this 3-2.2 OS Office/Service District A. General Purpose and Descrip- tlon: The Office/Service District is intended to encourage and permit pro- fessional office uses of kigher intensity than the Office/Residential District. The OS District is also intended to provide for office park developments, selected commercial uses, and residen- tial uses above the first floor. This dis- trict is also ideally located between Commer¢4al Districts, on major streets in close proximity to street inter-sec- tions and between higher density resi- dential development and commercial B. Principal Permittod Uses: The tbllowing uses shall be permitted in the OS District: 1) Residential uses above the first 148 floor only (6) 2) Nursing or convalescent home (2) 3) Housing for the elderly, handi- capped and disabled (3) 4) Mortuaries and funeral homes (12) 5) Non-commercial art galleries, musetuns and libraries (13) 6) Artist studios (5) 7) General offices (14) 8) Medical offices/clinics (36) 9) Dental and medical labs (8) 10) Personal services (14) 11) Barber/beauty shops (16) 12) Neighborhood grocery/drug stores/health care supplies (17) 13) Shoe repair (18) 14) Schools of private instruction (4) 15) Railroads, public/quasi-public utilties (47) ( ) Parking Group - See Sec. 4-2 of this Ordinance. C. Accessory Uses: The following uses shali be permitted as accessory uses as prbvlded in Section 4 of this 1) Any use customarily incidental and subordinate to the principal use it serves. D. Conditional Uses: The follow- ing condltimml uses are permitted in the OS District, subject to the provi- sions of Section 5 of this ordinance and application to the Board of Adjust- ment for a conditional use permit: 1) Private clubs, provided that: a) The parking group requh'ements can be met. (20) 2) Off-street parking of operable conditional use in an abutting office residential, commercial (except C-1 District), institutional, or industrial district, provided that: a) no structure other than a screen- ing or secm~ity fence or wall shall be erected on the premises; b) signage shall be limited to one (1) free-standing sign of no more than six (6) square feet in size~per drive opeuing, identifying the parking use, providing directions or marking c) a site plan shall be submitted and approved as provided in Section 4 of this Ordinance. 3) Motels, not including restaurants coffee si, ops, gift shops, or similar sec- ondary or accessory uses, and also pro- vided that: a) The parking group requirements can be met. (24) 4) Gas station, provided that: a) A site plan has been submitted Special Sessio~; March 18,1985 reviewed, and approved by the City site Plan Review Team as to adequate higress amd egress traffic movements prior to Board review; b) the parking group requirements can bo met. (18) 5) Parking structures ( ) Parking Group - See Sec. 4-2 of this ordinance. E. Temporary Uses: The following uses ~hali be permitted as temporary uses in the OS District: 1) Building or trailer for storage of materials and/or equipment necessary for construction authorized by a valid building permit, provided the location of the building or trailer has been approved by the Building Official. Special Session, March 18, 1985 149 F. Bulk Regulations G. Parking Requirements: See Section 4-2 of this ordinance. H. Signs: See Section 4-3 of this ordinance. 3-3 Con~mercial Districts 3-3.1 C-1 Neighborhood Commer- cial District A. General Purpose and Descrip- tion: The C-1 District is intended to provide individual parcels for commer- cial establishments serving the needs of the neighborhood in which they are located. The C-1 District is not intended to be au expandable District but one that ia established on a very limited basis. Larger neighborhood commercial districts are to be estab- lisbod under the C-2 District classifica- tion as neighborhood shopping center districts. B. Principal Permitted Uses: The following uses shall be permitted in the C-1 District. 1) Railroads and public or quasi- public utilities including substations (47) 2) Residential uses above the first floor only (6) 3) Schools of private instruction (4) 4) General offices (14) 5) Personal services (14) 6) Barber/beauty shops (16) 7) Gas station (not including service stations) (18) 8) Groce~w stere (17) 9) Drug store/health care supplies (]7) 10) Bakery (retail only) (19) 11) Laundry/dry cleaners (19) 12) Hardware stere (17) 13) Flower/garden store/commercial greenhouse (17) 14) Shoe repair (18) ( ) Parking Group - See Sec. 4-2 of tbis Ordinance. C. Accessory Uses: The following 150 Special Sessio~ ~ March 18, 1985 uses shall be permitted as accessory uses as provided in Section 4 of tiffs ordinance: 1) Any use customarily incidental and subordinate to tire principal use it serves. D. Conditional Uses: The follow- ing conditional uses are permitted in the C-I District, subject to the provi- sions of Section 5 of tiffs ordinance and are the minimum requirements for application to the Board of Adjust- ment for a conditional use permit: 1) Private club, provided that: a) The parking grnup reqdirements can be met. (20) 2) Indoor restaurant, provided that: a) The parking group requirements can be met. (20) 3) Bar/tavern, provided that: a) A maximum area of 2,200 square feet in gross floor area not be exceeded; b) The parking group requirements can be met. (20) 4) Automated gas station, provided that: a) Tire hours of operation shall be limited from 6 a.m. to 12 p.m.; b) Opaque screening be provided for adjacent residential uses as required under the site plan review provisions in Section 4-4 of tiffs ortlinance. c) The parking group requirements can be met. (]8) E. Temporary Uses: The following uses shall be permitted as temporary u~s in the C-1 District: 1) (Reserve for future use) F. Bulk Regulations: Required Front Yard C'1 DISTRICT (in feet) BULK REGULATIONS street PERMITTED USES Residential Use ABOVE 1Si FLOOR ONLY All Other Permitted Uses - Reserved - - Reserved - _ ~eserved CONDITIONAL USES Private Club Indoor Restaurant Bar/Tavern Automated Gas Station ~ Reserved - - Reserved - G. Parking Requirements: See Section 4-2 of tiffs ordinance. H. Signs: See Section 4-3 of this ordinance. 3-3.2 C-2 Neighborhood Shopping Center District A. General Purpose and Descrip- tion: The C-2 District is intended to provide small shopping centers serving small clusters of neighborhoods. The C-2 District will be carefully placed to insure that the size of the commercial center, the nature of uses permitted and the locational characteristics are sucb that cross-city or regional service traflic into such districts shall not be encouraged. The C-2 District sball be k)cated at artcrial street intersections of ncigh- borhoods where traffic can adequately be handled. B. Principal Permitted Uses: The following uses shall be permitted in the C-2 District. Special Session 1) Railroads and public or quasi- public utilities including substations (47) 2) Residential uses above the first floor only (6) 3) Schools of private instruction (4) 4) Private club (20) 5) General office (14) 6) Personal services (14) 7) Barber/beauty shops (16) 8) Gas station (18) 9) Grocery store (17) 10) Drug stere/healtb care supplies (17) 11) Bakm'y (retail only) (19) 12) Laundry/dry cleaner (19) 13) Hardware store (17) 14) Flower/garden store/commercial greenhouse (17) 15) Shoe repair (18) 16) Indoor restaurant (20) 17) Automated gas station (18) 18) Service station (21) 19) Supermarket (17) 20) Clothing/acces~lry store (17) 21) Shoe store (17) 22) Jeweh'y stere (17) 23) Sewing/fabric store (17) 24) Tailoring/alterations (18) ~5) Books/stationary store (17) 26) Gift/souvenir shop (17) 27) Toy/hobby shop (17) 28) Sporting goods (sales/rental) (17) 29) Bicycle shop (sales/rental) (17) 30) Camera/photo supply store (17) 31) Furniture/home furnishing (27) 32) Appliance sales/service (27) 33) Radio/TV sales/service (17) 34) Computer sales/service (17) 35) Music store (sales/rental) (17) 36) Catalog center (23) 37) Laundromat (22) 38) Furniture upholstery/repair (18) 39) Artist studio (5) 40) Pbotographic studio (23) 41) Neighborhood shopping center (17) 42) Dental/medical lab (8) ( ) Parkiffg Group - See Sec. 4-2 of this Ordinance. C. Accessory Uses: The following uses shall bc permitted as accessory u~s as provided in Section 4 of this ordinance: 1) Any use customarily incidental and subordinate to the prinsipai use D. Conditional Uses: The fofiow- lng conditional uses are permitted in thc C-2 District, subject to the provi- sions of Section 5 of tbis ordinance and are the minimmn requirements for application to the Board of Adjust- ment for a conditional use pemfit: ! ) Medical Offices, provided that: March 18, 1985 151 a) The parking group requirements can be met. (36) 2) Drivedn/carryout restaurant, pro- vided that: a) The parking group requirements can be met; (28) b) opaque screening shall be pro- vided for adjacent residential uses as required under the site plan review provisions of Section 4-4 of tbis ordi- nance. 3) Drive up automated teller, pro- vided that: a) Ingress, egress and traffic flow shall be acceptable to the City Site Plan Review Team; b) opaque screening shall be pro- vided for adjacent residential uses in conformance with the site plan review provisions of Section 4-4 of this ordi- nance; and c) tire parking group requirements can be met. (8) 4) Self-service carwash, provided tbat: a) A minimum of three stacking spaces per bay be provided; and b) Ingress, egress traffic flow shall be acceptable to the City Site Plan Review Team; c) opaque screening shall be provided for adjacent residential uses in confer- mance with the site plan review provi- sions of Section 4-4 of this ordinance; and d) the parking group requirements can be met. (8) 5) Animal bospital/clinic, provided that: a) All operations and activities shall be conducted and maintained within a completely enclosed building. b) the parking group requirements can be met. (23) 6) Banks, savings and loans and credit unions, provided that: a) the parking group requirements can be met. (31) 7) Bars and taverns, provided that: a) the parking group requirements can be met. (20) ( ) Parking Group - See Sec. 4-2 of tiffs ordinance. E. Temporary Uses: The fofiowing uses shall be permitted as temporary uses in the C-2 District: l ) (Reserved for future use) 152 Special Session, March 18, 1985 F. Bulk Regulations: C-2 DISTRICT BULK REGULATIONS PERMITTED USES G. Parking Requirements: See Section 4-2 of this ordinance. H. Signs: See Section 4-3 of this ordinance. 3-3.3 C-3 General Commercial Dis- trict A. General Purpose and Deserip- tion: Tbe C-3 District is intended to provide commercial uses which are designed to serve the motoring public or uses req*~ring highway or arterial locations for their most beneficial oper- atlon and which cannot be more appropriately located in other com- mercial districts. B. Principal Permitted Uses: The following uses shall be perntitted in the C-3 District. 1) 'Railroads and public or quasi- public utilities including substations (47) 2) Residential uses above the first floor only (6) 3) Mortum3,/funeral home (12) 4) Musemn/library (13) 5) Schools of ptivate instruction (4) 6) Private club (20) 7) General offices (14) 8) Medical office/clinic (36) 9) Dental/medical lab (8) 10) Personal services (14) 11) Barber/beauty shops (16) 12) Motel (24) 13) Gas station (18) 14) Grocery store (17) 15) Drug store/health care supplies (17) 16) Bakery (retail only) (19) 17) Laundry/dry cleaner (19) 18) Hardwace store (17) 19) Flower/garden store/commercial greenhouse (17) 20) Shoe repair (18) 21) Commercial art gallery (17) 22) Bakery (~h~i~s~le/commercial) (19) 23) Indoor restaurant (20) 24) Bar/tavern (20) 25) Automated gas station (18) 26) Service station (21) 27) Supermarket (17) 28) Clothing/accessory store (17) 29) Shoe stere (17) 30) Jewelry stere (17) 31) Sewing/fabric stere (17) 32) Tailoring/alterations (18) 33) Books/stationary store (17) 34) Gift/souvenir shop (17) 35) Toy/hobby shop (17) 36) Sporting goods (sales/rental) (1~)~ Bicycle shop (sales/rental) (17) 38) Cs~nera/phota supply store (17) 39) Furniture/home furnishing (27) 40) Appliance sales/service (27) 41) Radio/TV etc. (sales/service (17) 42) Computer sales/service (17) Special Session, March 18, 1985 153 43) Music store (sales/rental) (17) 44) Catalog centex (23) 45) Drivedn/carryout restaurant (28) 46) Drive-up automated bank teller (s) 47) Self-service carwash (8) 48) Animal hospital/clinic (23) 49) Laundromat (22) 50) Furniture upholstery/repair (18) 51) Artist studio (5) 52) Photographic studio (23) 53) Neighborhood shopping center (17) 54) BuSiness services (29) 55) Department stares/60,000 sq. f~. max. (17) 56) HoteLs (30) 57) Auditoriums/assembly balls (20) 58) Indoor theatre (48) 59) Banks/savings and loans and credit unions (31) 60) Office supply (19) 61) Indoor amusement center (23) 62) Vending/game machine sales and service (19) 63) Indoor recreation facilities (37) 64) Mail order houses (23) 65) Lumber yards/bnilding materials sales (19) 66) Construction supply sahis and service (19) 67) Printing/publishing (32) 68) Moving/storage facilities (33) 69) Packaged liquor sales (19) 70) Full service car wash (8) 71) Auto service centers (TBA) (34) 72) Auto sales/service (38) 73) Auto repair/body shop (35) 74) Truck sales/service and repair (39) 75) Farm implement sales and ser- vice (39) 76) Auto parts and supply (17) 77) Mobile home sales (40) 78) Motorcychis sales and service (41) 79) Boat sales and service (40) 80) Recreational vehicles sales and service (38) 81) Vehicle rental (47) 82) Upholstery shop (42) 83) Local shopping center (17) 84) Parking structures (N/A) 85) Contractor shop/yard (33) 86) Wholesale sales/distributor (29) 87) Agricultural supply sales (19) ( ) Parking Group - See Sec. 4~2 of this Ordinance. C. Accessory Uses: The following uses shall be permitted as accessory uses as provided in Section 4 of this 1) Any use customarily incidental and subordinate to the principal use D. Conditional Uses: The follow- ing conditional uses are permitted in tbe C-3 District, subject to the provi- sions of Section 5 of this ordinance and are the minimum requirements for application to the Board of Adjust- ment for a condiflonal use permit: 1) Outdoor recreation/outdoor amusement center provided that: a) Hoars of operation shall be llra- ired 8 a.m. to 12 midnight unless fur- ther limited by the Board of Zoning Adjustment. b) The parking group requirements can be met. (37) ( ) Parking Group - See Sec. 4-2 of this ordinance. E. Temporary Uses: The following uses shall be permitted as temporary uses in the C-3 District: 1) Any use listed as a permitted use within the district of a limited dura- tion as established in Section 2-5.3 and as defined in Section 8 of this ordi- 154 Special Session, March 18,1985 F. Bulk Regulations: C-3 DISTRICT BULK REGULATIONS PERMITTED USES CONDITIONAL USES Required FrONt Yard Setback (in feet) G. Parking Requirements: See Section 4-2 of this ordinance. H. Signs: See Section 4-3 of this 3-3.4 C-4 Downtown Commercial District A. General Purpose and Descrip- lion: The C-4 District is intended to accommodate the older commercial areas of the City by permitting a large variety of unrelated uses that develop prior to effective planning techniques. Such uses are characterized by older structures, deficient traffic and parking patterns, and little open space or green area. The regulations for this disttict are designed to encourage the mainte- nance of existing uses and the private reinvestment and redevelopment of new commercial uses by providing a wide variety of uses and liberalize bulk, yard and parking requirements. The C- 4 District is not intended to have any application in undeveloped or newly- developing areas of the City. B. Principal Permitted Uses: The following uses st~all be permitted in the C-4 District. 1) Churches, convents, and monas- reties (7) 2) Public and private/parochial sct~oo]s approved by Iowa State Board of Public Instruction (K-12) (10) 3) Public or private parks, golf areas (47) 4) Railroads and public or quasi- public utilities including substations (47) 5) Residential use above first floor only (6) 6) Housing for the elderly, handi- capped or disabled (not identified with 5 above) (3) 7) Mortuaries and funeral homes (12) 8) Non-commercial art galleries (13) 9) Museums and libraries (13) 10) Schools of private instruction (4t11)~ Privateclubs(20) 12) General offices (14) 13) Me&ca] office/clinic (36) 14) Dental/medical lab (8) 15) Personal services (14) 16) Barber/beauty shops (16) 17) Off-street parking lot (N/A) 18) Motel (24) 19) Gas station (17) 20) Grocery store (17) 21) Drug store/health care supplies (17) 22) Bakery (retail only) (19) 23) Laundry/dry cleaner (19) 24) Hm-dware store (17) 25) Flower/g~den store/commercial grecnbouse (17) 26) Shoe repair (18) 27) Commercial art gallery (17) 28) Bakery (wholesale/commercial) (19) 29) Indoor restaurant (20) 30) Bar/tavern (20) Special Session March 18, 1985 155 31) Autemated gas station 32) Service station (21) 33) Supermarket (17) 34) Clotlfing/accessory store (17) 35) Shoe store (17) 36) Jewelry store ( ] 7) 37) Sewing/fabric store (17) 38) Tailoring/alterations (18) 39) Books/stationary store (17) 40) Gift/souvenir shop (17) 41 ) Toy/hobby shop ( 17 ) 42) Sporting goods (sales/rental) (17) 43) Bicycle shop (sales/rental) (17) 44) Cmnera/photo supply store (17) 45) Furniture/home furnishing (27) 46) Appliance sales/service (27) 47) Radio, TV sales and ~rvice (~7) 48) Computer sales and service (17) 49) Music store (sales/rental) (17) 50) Catalog center (23) 51) Animal hospital/clinic (23) 52) Laundromat (22) 53) Furniture upholstery/repair (18) 54) Artist studio (5) 55) Pliotographic studio (23) 56) Neighborhood shopping center (23) 57) Business services (29) 58) Department store/60,000 sq. ft, max. (17) 59) Hotels (30) 60) Auditorium/assembly halls (20) 61) Indoor theatre (48) 62) Banks/savings and loans/credit unions (31) 63) Office supply (19) ?~4) Indoor mnusement center (23) 60) Vending/game macliine sales and service (19) 66) Indoor recreation facilities (37) 67) Mail order houses (23) 68) Construction supplies sales and se~Mce (19) 69) Printing/publishing (32) 70) Package liquor sales (19) 71) Auto parts/supply (17) 72) Upholstery shop (42) 73) Parking structures (N/A) 74) Contractor's shop/yard (33) 75) Wholesale sales/distributor (29) 76) Agricultural supply sales (19) 77) Vocational school (45) 78) Business/secretarial school (45) ( ) Parking Group - See Sec. 4-2 of tliis Ordinance. C. Accessory Uses: The lbllowing ~es shall be permitted as accessory uses as provided in Section 4 of this ordinance: 1) Any use customarily incidental and subordinate to the principal use it serves. D. Conditional Uses: The follow- ing conditional uses are premitted in the C-4 District, subject to the provi- sions of Section 5 of this ordinance and are the minimum requirements for applicatkm to the Board of Adjust- ment for a conditional use permit: 1) Drive-in/carryout restaurant pro- vided that: a) Tlie parking group requirements can be met. (28) 2) Drive-up automated bank teller provided that: a) The parking group requirements can be met. (8) 3) Self-service car wash provided that: a) The parking group requirements can be met. (8) 4) Full-service carwash provided that: a) The parking group requirements can be met. (8) 5) Auto service centers (TBA) pro- vided that: a) Ti~e parking group requirements can be met. (34) 6) Auto sales/service provided that: a) The parking group requirements can be met. (38) 7) Auto repair/body shop provided that: a) Tbo parking group requirements can be met. (35) 8) Motorcycle sales and service pro- vided that: a) The parking group requirements can be met. (41) 9) Boat sales and service provided that: a) The parking group requirements can be met. (40) 10) Recreational vehicles sales and service provided that: a) The parking group requirements can be met. (38) 11) Vehicle rental provided that: a) The pm'king group requirements can be met. (47) ( ) Parking group (See Section 4-2 of this ordinance) E. Temporary Uses: The following uses shall be pennitted as temporary uses in the C-4 District: 1) Any use listed as a permitted use within the district of a l~mited dura- tion as established in Section 2-5.3 and as defined in Section 8 of tiffs ordi- nance. 156 Special Session, March 18, 1985 F. Bulk Regulations: C'4 DISTRICT BULK REGULATIONS PERMITTED USES CONDiTiONAL USES Required Front Yard Setback (in feet) Street G. Parking Requirements: See Section 4-2 of this ordinance; except that a twenty-five percent (25%) reduction shall be allowed in the C-4 District. H. Signs: See Section 4-3 of this ordinance. 3-3.5 C-5 Central Business District A. General Purpose and Descrip- tion: The C-5 District is intended to be applied to a very limited downtown business core and the City's urban renewal area. The development within this business core simll be encouraged by permitting a wide variety of uses and very liberal bulk regulations and parking requirements. B. Principal Permitted Uses: The following uses shall be permitted in the C-5 District: 1)Railroads, public/quasi-public uti- lities (47) 2) Residentini use above first floor only (6) 3) Housing for the elderly, handi- capped and disabled (3) 4) Non-com~nercial art gallery (13) 5) Museums ad libraries (13) 6) School of private instruction (4) 7) Private club (20) 8) General office (14) 9) Medical office/clinic (36) 10) Medicdi/dental lab (8) 11) Personal services (14) 12) Barber shop/beauty shop (16) 13) Motel (24) 14) Gas station (18) 15) Grocery store (17) 16) Drug store/health care supplles (17) 17) Bakery (retail only) (19) 18) Laundry/dry cleaner (19) 19) Hardware store (17) 20) Flower/garden store/commercial greenhouse (17) 21) Shoe repair (18) 22) Commercial art gallery (17) 23) Indoor restaurant (20) 24) Bar/tavern (20) 25) Automated gas station (18) Special Sessiom 26) Service station (21) 27) Supermarket (17) 28) Clothing/accessory store (17) 29) Shoe store (17) 30) Jewelry store (17) 31) Sewing/fabric store (17) 32) Tailoring/alterations (18) 33) Book/stationary store (17) 34) Gift/souvenir shop (17) 35) Toys/hobby shop (17) 36) Sporting goods sales and rental (17) 37) Bicycle shop sales and rental (17) 38) Camera/photo supply store (17) 39) Furniture/home furnishing (27) 40) Appliance sales and service (27) 41) Radio/Tv etc, sales and service (17) 42) Computer sales and service (17) 43) Music stere (sales/rental) (17) 44) Catalog center (23) 45) Carry-out restaurant (not including drive-in) (28) 46) Artist studio (5) 47) Photographic studio (23) 48) Business services (29) 49) (Reserved for future use) 50) Hotels (30) 51) Auditorituns, assembly halls (20) 52) Indoor theatre (48) 53) Banks/savings and loans/credit unions (31) 54) Office supply (19) 55) Indoor amusement center (23) March 18, 1985 157 56) Indoor recreation facilities (37) 57) Printing/publishing (32) 58) Parking structures (N/A) 59) Sports arenas (26) 60) Department stores (17) 61) Convention center (20) 62) Regional shopping center (43) 63) Vocation school (45) 64) Business/secretarial school (45) ( ) Parking Group - See Sec. 4-2 of this Ordinance. C. Accessory Uses: The ~nilowing uses shah be permitted as accessory uses as provided in Section 4 of this ordinance: 1) Any use customarily incidental and subordinate to the principal use it serves. D. Conditional Uses: The follow- ing conditional uses are permitted in the C-5 District, subject to the provi- sions of Section 5 of this ordinance and are the minimum requirements for application to the Board of Adjust- ment for a conditional use permit: 1) (Reserve for future use) E. Temporary Uses: The following uses shall be permitted as te~nporary uses in the C-5 District: 1) (Reserve for future use) F. Bulk Regulations: C-5 DISTRICT BULK REGULATIONS PERMITTED USES Residential Use ABOVE lST FLOOR ONLY All Other Perinitted Uses Reserved - Reserved - - Reserved - CONDITIONAL USES 158 Special Session March 18, 1985 G. Parking Requirements: As required by the Downtown Urban Renewal Plan. H. Signs: See Section 4-3 of this ordinance. 3-3.6 CS Commercial Service and Wholesale District A. General Purpose and Descrip- tlon: The CS District is intended to provide areas for a variety of business services, office uses, limited industrial activity ad major wholesale operations. Tbe CS uses are primarily character- ized by large storage space require- ~nents, nigh volume truck traffic and low volume customer traffic. Special emphasis shall be placed on selection of areas to be granted CS classifies- tion. It is intended that the CS District is one tliat provides a transitional zone that can be used between industrial and commercial uses and in cases where topography establishes a transi- tional area due to pbysical limitations between industrial and higher density residential development. B. Principal Permltted Uses: The following uses shall be permitted in the CS District: 1) Railroads and public or quasi- public utilities including substations. (47) 2) General office (14) 3) Medical/dental lab (8) 4) Personal services (14) 5) Off-street parking lot (N/A) 6) Frtrniture/home furnishing (27) 7) Appliance sales and service (27) 8) Furniture upholstery/repair (18) 9) Business services (29) 10) Office supply (19) 11) Vending/games machines sales and service (19) 12) Mail order houses (23) 13) Lumber yards/building material sales (19) 14) Construction supplies, sales and service (19) 15) Printing/publisbing (32) 16) Moving/storage facilities (33) 17) Auto service centers (TBA) (34) 18) Auto sales/service (38) 19) Auto repair/body shop (35) 20) Track sales/service repair (39) 21) Farm implements sales and ser- vice (39) 22) Auto parts/supply (17) 23) Mobile home sales (40) 24) Motorcycle sales and service (41) 25) Boat sales and service (40) 26) Re¢~ceational vehicles sales and service (38) 27) Vehicle rental (47) 28) Upholstmw shop (42) 29) Contractor shop/yard (33) 30) Wholesale sales/distributor (29) 31) Freight transfer facilities (44) 32) Fuel/ice dealers and ice manu- facturing (33) 33) Agricultural supply sales (19) 34) Processing or assembly (33) 35) Tool, die and pattern-making (33) 36) Mnii-warehouaing (47) 37) Engine/motor sales, service and repair (19) 38) Refrigeration equipment and supply sales and service (19) 39) Landscaping services (not includ- lng retail sales as prhnary use) (29) 40) Welding services (29) ( ) Parking Group - See Sec. 4-2 of tbla ordinance. C, Accessory Uses: The following trees shall be permitted as accessory uses as provided in Section 4 of this ordinance: 1) Any use customarily incidental and subordinate to the principal use it serves. D. Conditional Uses: The follow- ing conditinal uses are permitted in the CS District, subject to the provisions of Section 5 of this ordinance and are the minimum requirements for appli- cation to the Board of Adjustment for a conditional use permit: 1) (Reserve for future use) E. Temporary Uses: The following uses shall be permitted as temporary uses in the CS District: 1) (Reserve for future use) Special Session, March 18, 1985 159 Bulk Regulations: CS DISTRICT BULK REGULATIONS G. Parking Requirements: See Section 4-2 of this ordinance. H. Signs: See Section 4-3 of this ordinance. 3-3.7 CR Commercial Recreation District A. General Purpose and Descrip- tion: The CR Commercial Recreation District is intended to provide for corn- merciki recreation facilities, together with their supporting uses, which gen- erally require large tracts of land and/or generates substantial volumes to traffic. B. Principal Permitted Uses: The following uses shall be permitted in the CR District. 1) Public or private parks, golf courses, or similar natural recreation areas (47) 2) Railroads and public or quasi- public utilities including substations (47) 3) Non-commercial art galleries (13) 4) Museums and libraries (13) 5) Private club (20) 6) General office (14) 7) Personal services (14) 8) Off-street parking lot (N/A) 9) Motel (24) 10) Grocery store (17) 11) Drug store/health care supphes (17) 12) Bakery (retail only) (19) 13) Laundsy/dry cleaner (19) 14) Commercial art gallery (17) 15) Indoor restaurant (20) 16) Gift/souvenir shop (17) 17) Sporting goods sales and rental (17) 18) Bicycle shop sales and rental (17) 19) Camera/photo supply store (17) 20) Drive-up automated bank teller (6) 21) Self-service carwash (8) 22) Animal hospital/clinic (23) 23) Laundromat (22) 24) Hotel (30) 25) Auditorium/assembly hall (20) 26) Indoor theatre (48) 27) Indoor amusement centers (23) 28) Indoor recreation facilities (37) 29) Motorcycle sales and service (41) 30) Boat sales and service (40) 31) Recreational vehicle sales and service (38) 32) Vehicle rental (47) 33) Parking structures (N/A) 84) Outdoor recreation (37) 35) Convention center (20) 36) Athletic fields, stadimns and sports arenas (26) 37) Beaches (47) 38) Bowling alleys (37) 39) Campgrounds and recreational vehicle parks (47) 40) Dog racing, kennels, and track operations (26) 41) Excursion boats and services (87) 42) Health, sports, recreation and athletic clubs m~d organizations (37) 43) Horse racing, breeding and sta- ble and track operations (26) 44) Pleasure craft harbors (37) ( ) Parking Group - See Sec. 4-2 of 160 Special Sessioa March 18, 1985 this ordinance. C. Accessory Uses: The following uses shall be permitted as accessory uses as provided in Section 4 of this 1) Any use customarily incidental and subordinate to the principal use D. Conditional Uses: The follow- ing conditional uses are permitted in ~he CR District, subject to the provi- sions of Section 5 of this ordinance and apphcation to the Board of Adjust- 1) Gas station provided that: a) The parking group requirements can be met. (18) 2) Bar/tavern provided that: a) Tbe parking group requirements can be met. (20) 3) Automated gas station provided that: a) The parking group requirements can be met. (18) 4) Drive-in/carryout restaurant pro- vided that: a) Tbe parking group requirements can be met. (28) ( )Parking Group (See Section 4-2 of this ordinance) E. Temporary Uses: The following uses shall be permitted as temporary uses in the CR District: 1) (Reserve for future use) F. Bulk Regulations: CR DISTRICT BULK REGULATIONS PERMITTED USES CONDITIONAL USES G. Parking Requirements: See Section 4-2 of this ordinance. H. Signs: See Section 4-3 of this 3-3.8 PC Planned Commercial Dis- trict A. General Purpose and Descrip- tion: The PC District is intended to provide larger regional commercial cen- ters for the shopping convenience of local and regional patrons. These cen- ters are characterized by large depart- ment stores, integrated with smaller sbops and represents significant advam tages and convenience and efficiency over many individual traditional com- mercial developments. These urban- regional centers by their size and cus- tomer popularity tend to create substantial impacts upon the commu- nity and therefore deinand special attention and consideration for their development and expansion. The PC District regulations are intended to provide an efficient means to guide the development of such centers. Special Session March 18, 1985 161 Principal Permitted Uses: Th~ following uses shah be permitted in the PC District. 1) Railroads and public or quasi- public utilities including substations (47) 2) Residential use above the first floor only (6) 3) Mortuaries and funeral homes (12) 4) Non-commercial art gallery (13) 5) Museums and libraries (13) 6) School of private instruction (4) 7) Private clubs (20) 8) General office (14) 9) Medical office/clinic (36) I0) Dental/medical lab (8) 1I) Personal services (14) 12) Barber shop/beauty shop (16) 13) Motel (24) 14) Gas station (18) 15) Grocery store (17) 16) Drug store/health care supplies (17) 17) Bakery (retail only) (19) 18) Laundry/dry eleanor (I9) 10) Hardware store (17) 20) Plower/garden store/commercial greenhouse (17) 21) Shoe repair (18) 22) Commercial art gallery (17) 23) Bakery (wholesale/commercial) (19) 24) Indoor restaurant (20) 25) Bar/tavern (20) 26) Automated gas station (18) 27) Service station (21) 2~) Supermarket (17) 29) Clothing/accessory store (17) 30) Shoe stere (17) 31) Jewelry store (17) 32) Sewing/fabric store (17) 33) Tailoring/alterations (18) 34) Book/stationary store (17) 35) Gift/souvenir shop (17) 36) Toys/hobby shop (17) 37) Sporting goods sales and rental (17) 38) Bicycle shop sales and rental (]7) 39) Camera/photo supply store (17) 40) Fur~fiture/home furnishing (27) 41 ) Appliance sales and service (27) 42) Radio/TV etc. sales and service (17) 43) Computer sales and service (17) 44) Music store (sales/rental) (17) 45) Catalog center (23) 46) Drive-in/carryout restaurant (28) 47) Drive-up automated bank teller (8) 48) Self-service carwash (8) 49) Animal hospital/clinic (23) 50) Laundromat (22) 51) Furniture upholstery/repair (18) 52) Artist studio (5) 53) Photographic studio (23) 54) Neighborhood shopping center (17) 56) Business se~ices (29) 56) Indoor amusement center (23) 57) Hot~ls (30) 58) Auditorium/assembly halls (20) 59) Banks/savings and loans/credit udions (31) 60) Office supply (19) 61) Indoor theatre (48) 62) Indoor recreation facilities (37) 63) Printing/publishing (32) 64) Auto service centers (TBA) (34) 65) Auto parts/supply (17) 66) Local shopping center (17) 67) Parking structures (N/A) 68) Wholesale sales/distributor (29) 69) Outdoor recreation (37) 70) Department stores (17) 71) Convention center (20) 72) Regional shopping center (43) ( ) Parking groups (See Section 4-2 of this ordinance) C. Accessory Uses: The following uses shall be permitted as accessory uses as provided in Section 4 of this I) Any use customarily incidental and subordinate to the principal use it serves. D. Procedures for District Estab- lishment and Expansion: 1) Application and Conceptual Development Plan Submission: Application for district establishment shall be filed, along with the appropri- ate filing fee as provided in Section 7 of tbis ordinance, with the Office of Development Services. The application shall be accompanied by a Conceptual Development Plan including: a) Written Information · Legal description and address of property · Name, address and phone num- bet(s) of the property owner(s) · Proposed construction and land- scaping schedule indicating the timing and sequence of each development activity · Existing and proposed uses for all buildings or structures · Total area of property and all structures existing and proposed · Present and proposed type and number of parking spaces on the prop- b) Graphic Materials · Complete property dimensions; · The location, grade, and dimen- sions of aH present and/or proposed streets or other paved surfaces and 162 Special Session, March 18, 1985 engineering cross-sections of proposed new curbs and pavement; · Proposed parking and traffic cir- culation plan, ff applicable, showing location and dimensions of parking sta]ls, dividers, planters or shnihir per- manent improvements; perimeter screening treatment, including land- scaping, etc.; · Location and dimensions of all buildings or major structures, both proposed and existing, showing exterior dhnensions, number and area of floors, location, nmnber and type of dwelfing units, height of bnilding(s), etc.; · Existing and proposed contours of the property taken at regular contour interval] not to exceed five (5) feet, or two (2) feet if the City Develop- ment Planner determines that greater contour detail is necessary to satisfac- torily make the determinations required by this ordinance; · The general nature, location, and size of all sighificant existing natural land features, including but not limited to sidewalks or paths, tree or bush masses, all individual trees over six (6) inches in diameter, grassed areas, sur- face rock and/or soil features, and all springs, streams, or other permanent or temporary bodies of water; · A locational map or other draw- ing at appropriate scale showing the general location and relation of the property to surrounding areas, includ- ing, where relevant, the zoning and land use pattern of adjacent properties, the existing street system in the area, location of nearby public facilities, etc. 2) Commission Hearing: A public hearing shall be held by the Planning and Zoning Commission on the appli- cation in the same manner and with the same public notice procednre as required for zoning reclassifications. 3) Commission Recommendation: The Planning Commission's recommen- dation shall be transmitted to the City Council with a statement of reasons in support of the recommendation. If the recommendation is one of approval, it shall contain recommended conditions or restrictions to be included in an ordinance authorizing the establish- ment or expansion of the PC District. The conditions or restrictions shall include but not be limited to: · Time limitations, if any, for sub- mi]sion of final development plans and · Uses permitted in this district. · Lot and bulk and performance standards for the development and operation of the permitted uses. · Requirement that any transfer of ownership or lease of property in the district include in the transfer or lease agreement a provision that the pur- chaser or lessee acknowledges aware- ness of the conditions authorizing the establishinent of the district. 4) Conceptual Development Plan Approval: The Planning and Zoning Commission shall not approve the Conceptual Development Plan unless and until the Commission determines that such plan conforms to each of the following standards: a) The Conceptual Development Plan is in substantial conformance with adopted Comprehensive Plans to guide the future growth and develop- ment of Dubuque. b) Expansions contemplated by the Plan are justifiable and reasonable in light of the projected needs of the insfitution and the public weffare. c) The proposed additions or expan- sions are designed so as to be function- ally integrated with the existing institutional facifities, with due regard to maintenance of safe, efficient, and convenient vehicular and pedestrian traffic. d) The proposed additions or expan- sions of use are permitted in the dis- trict and are of a ]ocatinn, size, and nature such that they are not likely to interfere with the appropriate Use and enjoyment of property in abutting dis- tricts. e) The Conceptual Development Plan will not violate any provision or requirement of this ordinance. f) Approval of the Conceptual Development Plan shall be valid for a period of three (3) years, provided that after the first year, if no Final Site Development Plan has been filed, the Commission or Council may require the resubmtsslon of a Conceptual Development Plan in conformity with the procedures and standards of this section. g) A new or amended Conceptual Development Phin may be filed with- out cost at any time following Council approval. 5) Council Action: Upon receiving the recommendation of the Commis- sion, the City Council shall act in the manner provided by law to approve or disapprove the requested zoning reclas- sification of the property. The affirma- tive vote of at least three-fourths of aH tbe membership of the Council shah be necessary to approve the Conceptual Development Plan when the Commis- Special Session sion has recommended disapproval thereof, or to remove any conditions, requirements, or limitations imposed by the Commission in approving the Conceptual Development Plan. 6) Submission of Final Site Development Plan: After passage of the ordinance authorizing the estab- lishment of a PC District by the City Council, the applicant shall submit final site development plans to the City Development Planner within the period of time, if any, specified in said ordinance. The plans shall include detailed information as required of a final site plan for adequate considera- fion of the plans. The City Develop- ment Planner will judge the Final Site Development Plan for its conformance with the approved Conceptual Devel- opment Plan, and if found to be in conformance with said plan the issuance of building permits shall be permitted. Following approval of the Final Site Development Plan, no con- structinn may take place except in substantial conformance with such Plan. If the project is phased, then each phase would be considered on its own merit and be evaluated on the specific ordinance requirements estab- lishing the district. The phins shall sat- isfy the subdivision regulations and other pertinent City ordinances where applicabqe. 7) Development According to Final Plan: a) Site Development Plan Re- view No building permit shall be issued on o~ay site unless a site plan has been submitted m~d approved in accordance with the provisions of Section 4-4 and unless such site plan conforms with the conditions of the adopted Conceptual Development Plan. b) Construction of Improvements or Posting of Bond No buildings may be erected and no uses may occupy any portion of the district until the required related off- site improvements are constructed or appropriate security as determined by the Planning and Zoning Comml]sion is provided to insure construction. If the PR District is to be developed in phases, all improvements necessary to the proper operation and functioning of each phase even though same may be located outside of the section, must be constructed and installed or appro- priate security as dete~nined by the Planning and Zoning Commission must be provided to insure their construc- March 18, 1985 163 c) Time Limitation If substantial construction or devel- opment does not begin within the period of time specified in the ordi- nance authorizing the establishment of the district or in resolutions adopted pursuant thereto, the City Council dation of the Planning and Zoning Commission, rezone the property or any portion thereof to the zoning dis- trict classification that prevailed prior to the approval of the PR classifica- d) Extension of Time Limitation The time limitation specified in the ordinance authorizing the establish- ment of the PC District for submission of final site deveinpment plans and for completion of construction may be extended by the City Council upon a showing of good cause. e) Changes from Plan After recording of a final site devel- opment plan, changes not inconsistent with the purpose or intent of this sec- tion may be approved by the Planning and Zoning Commission. Changes affecting the purpose or intent of this section shall require a new petition to be filed. E. Lot and Bulk Regulations: Lots, uses and structures shall conform to the lot and bulk standards specifi- cafiy provided in the ordinance estab- lishing a particular PC Planned Com- mercia] District or in resolutions adopted pursuant thereto. F. District Standards: The specific ordinance esteblishing a PC District or resolutions adopted pursuant thereto shall provide standards for the design, development, operation and mainte- nance of uses and structures. These standards may include, but are not limited to: 1) Control of operations outside of enclosed buildings. 2) Control of figbting and utilities. 3) Provision of landscaping and pro- tection of natural areas. 4) Control of refuse collection areas. 5) Off-street parking and loading requirements. (If not included in the adopting ordinance establishing the specific PC District, then Section 4-2 of this ordinance shall apply.) 6) Control of signage. (If not included in the adopting ordinance establishing the specific PC District, then Section 4-3 of this ordinance shall apply.) G. Temporary Uses: The following uses shah be pe~nitted as temporary uses in the PC District: 164 Special Sessio~ March 18, 1985 1) As specified in the ordinance establislfing the particular PC District. 3-4 Industrial Districts 3-4.1 LI Light Industrial District A. General Purpose and Descrip- tion: The LI District is intended to provide for a variety of uses associated primarily in the conduct of light man- ufacturing, assembling and fabricatio~l warehousing, wholesaling and commer- cial service operations that require adequate accessibility to transporta- tion facilities. This district is designed to accommodate the expansion of existing u~es and pro,fide for infill of vacant properties but is not generally intended to be an expandable district other than through the use of a Planned Indilstrial District as provided in Secion 3-4.3 of fids ordinance. B. Principal Permitted Uses: The following uses shall be permitted in the LI District. 1) Railroads and public or quasi- public utilities including substations (47) 2) General offices (14) 3) Medical/dental lab (8) 4) Personal services (14) 5) Off-street parking lot (N/A) 6) Gas station (18) 7) Bakery (wholesale/commercial) (19) 8) Indoor restaurant (20) 9) Bar/tavern (20) 10) Automated gas station (18) 11) Service station (21) 12) Drive-up automated bank teller (8) 13) Self service car wash (8) 14) A~fimal hospital/clinic (23) 15) Furniture upholstery repair (18) 16) Business services (29) 17) Banks, savings and loans, and credit uaions (31) 18)Vending / game machine sales / service (19) 19) Indoor recreation facilities (37) 20) Mail order houses (23) 21) Lumber yards/building materials sales (19) 22) Construction supplies sales and selwice (19) 23) Printing and publishing (32) 24) Moving/storage facilities (33) 25) Full service car wash (8) 26) Auto service centers (34) 27) Auto sales and service (38) 28) Auto repals/body shop (35) 29) Truck sales, service and repair (39) 30) Farm implement sales, services and repair (39) 31) Auto parts/supply (17) 32) Mobile home sales (40) 33) Motorcycle sales/service (41) 34) Boat sales/service (40) &5) Recreation vehicle sales/service (38) 36) Vehicle rental (47) 37) Upholstery shop (42) 38) Parking structure (N/A) 39) Personal (29)/business services (14) 40) Contractors shop/yard (33) 41) Wi~olesale sales/distributor (29) 42) Freight transfer facilities (44) 43) Fuel and ice dealers (33) 44) Agricultural supply sales (19) 45) Cold starage/locker plant (15) 46) Packing and processing of meat, dairy or food'products but not to include slaughterhouses or stockyards (33) 47) Compounding, processing, and packaging of chemical products, but not including highly flammable or explosive materials (33) 48) Manufacture, assembly, repair or storage of electrical and electroni~ pro- ducts, components, or equipment (33) 49) Laboratories for research or engineering (33) 50) Warehousing and storage facili- ties (33) 51) Manufacture or assembly of musical instruments; toys; watches or clocks; medical, dental, optical, or sim- ilar scientific instruments; orthopedic or medical appliances; signs or bill- boards (33) 52) Manufacturing, compounding, assembly or treatment of articles or )roducts from the following sub- stances: clothing or textiles; rubber; )recious or semi-precious stones or metals; wood; plastics; paper; leather; fiber; glass; hair; wax; sheet metal; concrete; feathers; fnr; and cork, but not including the manufacture of such raw substances as a principal operation (33) ( ) Parking Group - See Sec. 4-2 of this ordinance. C. Accessory Uses: The ibllowing uses shall be permitted as accessory uses as provided in Section 4 of this 1) Any use customarily incidental and subordinate to the principal use it serves but specifically not to include any use listed as a principal permittad use in the HI Heavy Industrial Dis- trict. D. Conditional Uses: (Reserved for future use ) E. Temporary Uses: The following uses shall be permitted as temporary uses in the LI District: 1) Batch plants (asphalt or con- Special Session, March 18, 1985 165 crete) F. Bulk Regulations: 1) Maximum building height: 50' 2) Minimum sfide and/or rear yard setback: 10' + 2' per story over the first, but only where the yard abuts a residential or office district G. Parking Requirements: See Section 4-2 of this ordinance. H. Signs: See Section 4~3 of this ordinance. 3-4.2 HI Heavy Industrial District A, General Purpose and Descrip- tion: The H-I Heavy Industrial Dis- trict is intended to provide appropriate locations for those industrial uses which by their nature tend to generate levels of smoke, dust, noise, or odors that render them incompatible wi~h virtually all other land uses. The Council finds that the continued oper- ation and development of such quasi- nuisance uses is necessary to the eco- nomic health and public welfare of the community, but that the potentially harmful impacts of such uses upon surrounding activities requires them to be physically isolated or "buffered" from adjacent uses that may be adversely affected. For this reason, the H-I Heavy Industrial District will be mapped only in areas where topo- graphic features or adjacent Light Industrial Districts mitigate the effects of the zone upon nearby uses. This dis- trict is also deaigned to accommodata the expansion of existing uses and pro- vide for infill of vacant parcels but is not generally intended to be an expandable district other than through the use of a Planned Industrial District as provided in Section 3-4.3 of this ordinance. B. Principal Permitted Uses: The following uses shall be permitted in the HI District. 1)Railroads and public or quasi-pub- lic utilities including substations (47) 2) General offices (14) 3) Medical/dental lab (8) 4) Personal services (14) 5) Off-street parking lot (N/A) 6) Gas station (18) 7) Bakery (whohisale/commercial) (19) 8) Indoor restaurant (20) 9) Bar/tavern (20) 10) Automated gas station (18) 11) Service station (21) 12) Drive-up automated bank teller (8) 13) Self service car wash (8) 14) Animal hospital/clinic (23) 15) Furniture upholstery repair (18) 16) Busine~ services (29) 17) Banks, savings and loans and credit unions (31) 18) Vending/game machine sales/service (19) 19) Indoor recreation facilities (37) 20) Mail order houses (23) 21) Lumber yards/building materials salss (19) 22) Construction supplies sales and service (19) 23) Printing and publishing (32) 24) Moving/storage facilities (33) 25) Full service car wash (8) 26) Auto smMce centers (34) 27) Auto sales and service (38) 28) Auto repair/body shop (35) 29) qYuck sales, service and repair (39) 30) Fa~]a implement sales, services and repair (39) 31) Auto parts/supply (17) 32) Mobile home sales (40) 33) Motorcycle sales/service (41) 34) Boat sales/service (40) 35) Recreation vehicle sales/service (38) 36) Vehicle rental (47) 37) Upholstery shop (42) 38) Parking structure (N/A) 39) Contractors shop/yard (33) 40) Wholesale sales/distributor (29) 41) Freight transfer facilities (44) 42) Fuel and ice dealers (33) 43) Agricultural supply sales (19) 44) Cold storage/locker plants (15) 45) Packing and processing of meat, dairy or food products but not to include slaughterhouses or stockyards (33) 46) Compounding, processing, and packaging of chemical products, but not including highly flammabhi or explosive matarlals (33) 47) Manufacture, assembly, repair or storage ef electrical and electronic pro- ducts, components, or equipment (33) 48) Laboratories for research or engineering (33) 49) Warehousing and storage facili- ties (33) 50) Manufacture or assembly of musical instruments; toys; watches or clocks; medical, dental, optical, or shniliar scientific instrmnents; orthope- dic or medical appliances; sip~s or bill- boards (33) 51) Manufacturing, compounding, assembly or treatment of articles or products from the following sub- stances: clothing or textiles; rubber; precious or semi-precious stones or metals; wood; plastics; paper; leather; fiber; glass; hair; wax; sheet metal; feathers; fur; and cork (33) 52) Manufacture, storage or pro- 166 Special Session March 18, 1985 cessing of the following products or materials: glue; petrolemn products or any flmnmable liqnid; asphalt or con- crete products; explosive materials of any tupe; structural steel and foundry products; fertilizer; pharmaceutical products, including cosmetics, toile- tries, and soap; and stone products, including brick, building stone, and similar masonry materials (33) 53) Slaughterhouses or stockyards (44) 54) Manufacture or processing of the following ma~esials: acid, lhue or lime products; coke; coal tar; creosote; cci- luloid or cellulose products; detergent; and ammonia or chlorine (33) 55) Sanitary landfills (47) 56) Sewage treatment plants (47) 57) Crematoriums; reduction plants; foundries, forges or smelters (15) 58) Junk yards, salvage yards (44) 59) Grain/barge terminal (44) ( ) Parking Group - See Sec. 4-2 of this ordinance. C. Accessory Uses: The following uses shall be permitted as accessory uses as provided in Section 4 of this 1) Any use customarily incidental and subordinate to the principal use it se~wes. D. Conditional Uses: (Reserved for future use) E. Temporary Uses: (Reserved for future use) F. Bulk Regulations: 1) Maximum building height: 150' G. Parking Requirements: See Section 4-2 of thls or,finance H. Signs: See Section 4-3 of this 3-4.3 Planned Industrial District A. General Purpose and Descrip- lion: The PI Planned Industrial Dis- trict is created to permit the establisinnent of industrial parks and te provide for the orderly growth of existing and new industries on large .tracts of land. Tins district provides a protected area for the development of industry based on performance as well as type. The PI Planned Industrial district is established with the recoguition that the economic well-being of the city and the metropolitan area requires the expansion of fudusU'ial development. It is also recognized that tixe lack of land available and adaptable for such devel- opment nmy require consideration of locating industrial devehipment in areas adjacent to or highly visible from existing and future residential neigh- bori~oods. Therefore, it is the purpose of these regulations to provide the necessary standards for development and special )roceditres for plan approval which will maximize the potentials of indus- trial development and at the same time reduce to a winimmn the impact of that industrial development on sur- rounding non-industrial land uses or on the natural environment. B. Principal Permitted Uses: The following uses shah be permitted in the PI District: 1) A~y use listed as a principal per- mitted or conditional use in the LI Light Industrial or HI Heavy Indus- trial District except that the specific ordinance authorizing the establish- ment of a particular PI Planned Indus- trial District may limit the uses permitted. C. Accessory Uses: The following uses shah be permitted as accessory uses as provided in Section 4 of tins ordinance: 1) Any use customarily incidental and subordinate to the principal use it serves except as otherwise Ihnited by the sq?ecific ordinance authorizing the establishment of the particular PI Dis- tsict. D. Procedure for District Estab- lishment and Expansion: 1) Application and Conceptual Development Plan Submission: Application for District establish- merit shall be filed, along with the appropriate filing fee as provided in Section 7 of tiffs ordinance, with the Office of Development Services. The application shall be accompanied by a Conceptual Development Plan incfud- ~ng: a) Written Information · Legal description and address of )roperty · Name, address and phone num- bet(s) of the property owner(s) · Proposed construction and land- scaping schedule indicating the 0ming and sequence of each development activity · Existing and proposed uses for all buildings or structures · Total area of property and all structures existing and proposed · Present and proposed type and number of parking spaces on the prop- erty. b) Graphic Materials · Complete property dimensions; *The location, grade, and dimen- sions of all present and/or proposed streets or other paved surfaces and engineering cross-sections of proposed Special Session, March 18, 1985 --F · Proposed parking and traffic c culation plan, if applicable, showingI location and dimensions of parkingI stalls, dividers, pianters or shnilar per- I manent improvements; perimeter screening treatment, including land- scaping, etc.; · Location and dimensions of all bnildings or major structures, both proposed anti existing, showing exterior dhnensions, number and area of floors location, number and type of dwelling units, hcight of building(s), etc.; · Existing and proposed contours of she property taken at regular contour intervals not to exceed five (5) feet, or two (2) feet if the City Develop- ment Planner detarmines that greater contempt detail is necessary to satisfac- torily make the determinations required by this ordinance; · The general nature, location, and size of all significant existing natural land features, including but not fimited to sidewalks or paths, tree or bush masses, all individual trees over six (6) inches in diameter, grassed areas, sur- face rock and/or soil features, and all springs, stremns, or other permanent or temporary bodies of water; · A lacational map or other draw- ing at appropriate scale showing the general location and relation of the prnperty to surrounding areas, includ- ing, where relevant, the zoning and land use pattern of adjacent properties, the existing street systam in the area, location of nearby public facilities, etc. 2) Commission Hearing: A public hearhag shall be held by the Planning and Zoinng Commission on the appli- cation in the same manner and with she same public notice procedure as required for zoning reclassifications. 3) Commission Recommendation: The Planning Commission's recommen- dation shall be transmitted to the City Council with a statsment of reasons in support of the recommendation. If the reconunenda~on is one of approval, it shall contain recommended conditions or restrictions to be included in an ordinance authorizing the establish- ment or expansion of the PI District. The conditions or restrictions shall include but not be limited to: · Time limitations, ii' any, for sub- mission of final development plans and commencement of construction. · Uses pennittadin tins district. · Lot and bulk and performance standards for the development and operation of the permitted uses. · Requirement that any transfer of 167 ownership or lease of property in the disWlct include in the transfer or lease agreement a provision that the pur- chaser or lessee acknowledges aware- ness of the conditions authorizing the establisinnent of the district. 4) Conceptual Development Plan Approval: The Planning and Zoning Commission shall not approve the Conceptual Development Plan unless and until the Commission determines that such plan conforms to each of the following standards: a) The Conceptual Development Plan is in substantial conformance with adopted Comprehensive Plans to guide the future gl'owth and develop- ment of Dubuque. b) Expansions contemplated by the Plan are justifiable and reasonable in light of she projected needs of the institution and the public welfare. c) The proposed additions or expan- sions are designed so as to be function- ally integrated with the existing institutional facilities with due regard to maintenance of safe, efficient, and convenient vehicular and pedestrian traffic. d) The proposed additions or expan- sions of use are permitted in the dis- trict and are of a location, size, and nature such that they are not likely to interfere with the appropriate use and enjoyment of property in abutting dis- tricts. e) The Conceptual Development Plan will not violate any provision or requirement of tbis ordinance. f) Approval of the Conceptual Development Plan shall be valid for a period of three (3) years, provided that after the first year, if no Final Site Development Plan has been filed, the Commission or Council may require the resubmlasion of a Conceptural Development Plan in confomtity with the procedures and standards of tins section. g) A new or amended Conceptual Development Plan may be filed with- out cost at any time following Council approval. 5) Council Action: Upon receiving the recommendation of the Commis- sion, the City Council shall act in the manner provided by law to approve or disapprove the requested zoning reclas- sification of the property. The affirma- tiv9 vote of at least three-fourths of all she membersinp of the Council shall be necessary to approve the Conceptual Development Plan when the Commis- sion has recommended disapproval thereof, or to remove any conditions, requirements, or limitations imposed 168 Special Session March 18, 1985 by the Commission in approving the Conceptual Development Plan. 6) Submission of Final Site Development Plan: After passage of the ordinance authorizing the estab- lishment of upi district by the City Council, the applicant shall submit final site development plans to the City Development Planner within the period of tune, if any specified in said ordinance. The plans shall include detailed information as required of a final site plan for adequate considera- tion of the plans. The City Develop- ment Planner will judge the Final Site Development Plan for its conformance with the approved Conceptual Devel- opment Plan, and if found to be in conformance with Said plan the issuance of building permits shall be permitted. Following approval of the Final ~te Development Plan, no con- struction may take place except in substantial conformance with such Plan. If the project is phased, then each phase would be considered on its own merit and be evaluated on the specific ordinance requirements estab- lisifing the district. The plans shall sat- isfy the subdivision regulations and other pertinent City ordinances where applicable. 7) Development According to Final Site Development Plan: a) Site Development Plan Review No building permit shall be issued on any site unless a site development plan has been submitted and approved in accordance with tbe provisions of Section 4-4 and unless such site plan conforms with the conditions of the adopted Conceptual Development Plan. b) Construction of Improvements or Posting of Bond No buildings may be erected and no uses may occupy any portion of the district until tha required related off- site improvements are constructed or appropriate security as determined by the Planning and Zoning Commission is provided to insure construction. If the PR District is to be developed in phases, all improvements necessary to the proper operation and functioning of each phase even though same may be located outside of the section, must be constructed and installed or appro- priate security as determined by the Plancing and Zouing Commission must be provided to insure their construc- tion. c) Time Limitation If substantial construction or devel- opment does not begin within the period of time specified in the ordi- nance authorizing the establishment of the district or in resolutions adopted pursuant thereto, the City Council may, on its motion or on a recommen- dation of the Planning and Zoning Commission, rezone the property or any portion thereof to the zoning dis- trict classdication that prevailed prior to the approval of the PR classifica- tion. d) Extension of Time Limitation The time limitation specified in the ordinance authorizing the establish- ment of the PR District for submission of final site development plans and for completion of construction may be extended by the City Council upon a showing of good cause. e) Changes from Plan After the recording of a final site development plan, changes not incon- sistent with the purpose or intent of this section may be approved by the Planning and Zoning Commission. Changes affecting the purpose or intent of this section shall require a new peti- tion to be filed. Owner Initiated District: Individ- ual landowners wishing to establish a Planned Industrial District shall fol- low the procedures as established above in D. 1) through 7). 9) City Initiated District: The pro- cedure to be followed in order to uti~ llze land in a Planned Industrial District established by ordinance by the City Council upon its own iuitia- tive or by petition of the Planning and Zoning Commission shall be as speci- fled in s~id ordinance. E. Lot and Bulk Regulations: Lots, uses and structures shall conform to the lot and bulk standards specifi- cally provided in the ordinance establi- shig a particular PI Planned Industrial District or in resolutions adopted put- suant thereto. F. District Standards 1) Performance Standards: All uses established in a Planned Indus- trial District shall operate in accor- dance with the following performance standards. These standards are mini- mum requirements and may be made more restrictive in the specific ordi- nance authorizing the establishinent of a particular Planned Industrial Dis- trict or in resolutions adopted pursu- ant thereto: a) Vibration No activity or operation shall at any time cause earth vibration perceptible beyond the lot line of the lot on which the operation is located, except that vibration caused by blasting conducted Special Sessio~ in accordance with the requirements of Article III, Chapter 26 of the Munici- pal Code, may exceed these limita- b) Smoke, Particulate Matter and No activity or operation shall be established which fails to meet the air quality regulations of the Iowa Department of Envionmental Quality. c) Odor No activity or operation shall cause at any (fmae the discharge or toxic or noxious odor beyond the lot on which it is located. d~ Noise No activity or operation shall be carried on which involves noise in excess of the noise limitations for Light Industrial Districts set for in Article VII, Chapter 26 of the Municipal Code. e) Glare Glare, whether direct or reflected such ~s from spot lights or high tem- perature processes, and as differen- tiated from general illumination, shall not be' visible beyond the lot line of tlo lot on which the use is located. fl Wastes · Solid Wastes. All solid waste materials, debris, refuse or garbage shall be properly contained in a closed container designed for such purpose. No exterior incineration of trash or garbage is permissible. · Sewage and Liquid Wastes. All liq- uid wastes shall be discharged in full compliance with appropriate City, State and Federal regulations. g) Fire H~zard No activity or operation shall be established which fails to meet the City's fire code. 2) Additional Standards: The spe- cific ordinance establishing a particular Planned Industrial District or resolu- tions adopted pursuant thereto may provide additional standards for the design, development, operation and mnintenance of uses and structures. These additional standards may include, but are not lintited to: a) Control of operations outside of enclosed buildings. b) Control of lighting and utilities. c) Provision of landscaping and pro- tectlon of natural areas. d) Control of refuse collection areas. e) Off-street parking and loading requirements. (If not included in the adopting ordinance establishing the specific PI District, then Section 4-2 of this ordinance shall apply.) f) Control of signage. (If not included in the adopting ordinance March 18, 1985 169 establishing the specific PI District, then Section 4-3 of this ordinance shall apply.) 3-5 Special Purpose Districts 3-5.1 AG Agricultural District A. General Purpose and Descrip- tion: The AG District is intended to conserve furm land for agricultural purposes and to serve as a "holding" zone to prevent the premature devel- opment of large land acreages and of recently annexed land for which the most appropriate future use has not yet been determined. In order to pro- mote these purposes, the regulations for this district allow a very limited range of uses so that the present devel- opment character of the land may be maintained and future development options preserved pending comprehen- sive study and analysis of the area. B. Principal Permitted Uses: The following uses shall be permitted in the AG District: 1) Agricultural use, including the raising of field crops and livestock, horticulture, forestry, animal hus- handry, and similar farming activities 2) Railroads and public or quasi- mblic utilities including substations 3) Non-commercial nursery 4) (Reserved for future use) C. Accessory Uses: The following uses shall be permitted as accessory uses as provided in Section 4 of this 1) Single family dwelling provided it is located on a lot of 10 acres or more and is incidental and subordinate to an active agricultural use it serves. 2) Barbed wire fences when used for livestock containment 3) Barns, sheds and similar struc- tures 4) Seasonal pkoduce sales of pro- ducts raised on site D. Conditional Uses: (Reserved for future use) E. Temporary Uses: (Reserved for future use) F. Bulk Regulations: (Reserved for future use) G. Parking Requirement s: Reserved for future use) H. Signs: (Reserved for future use) 3-5.2 ID Institutional District A. General Purpose and Descrip- tion: The ID District is intended to address the particular problems and characteristics of Dubuque's many institutional facilities. It is the intent of this ordinance that this district shall only be applied to facilities possessing the characteristics of an institutional use set forth in this Section. The Councufinds that several fac- 170 Special Session March 18, 1985 Special Sessio~, March 18, 1985 171 tots distinguish institutions from other land use activities. The most signifi- cant feature of institutions is their ten- dency to function as substantially separate communities within the City. They maintain a large and definable resident population within a more or less discrete geographical area. Typi- cally a broad range of essential living services and facilities are provided by the institutions internally for both its resident and transitory populations. A second common feature of institutions is a primary educational, medical, roll- gious, or charitable purpose. This dis- tinguishes them from commercial nursing homes, hotels, boarding houses, and dmilar uses. It is further the intent of this ordi- nance that, because of the very sub- stantial hnpact institutional uses may have upon the surrounding community, no expansion of an existing ID Institu- tional District will be permitted except in accordance with tixe provisions of this Section, which requires a Concep- tual Development Plan to be filed and approved prior to institutional reclassi- fication or substantial on-premise expansions. Principal Permitted Uses - All Institutions: The following uses are permitted in the ID District subject however to the limitations of 3-5.2(E) of this Sections: 1) Hospitals (46) 2) Outpatient care facilities (36) 3) Residential care facilities (18) 4) Colleges and uuiversitlas (45) 5) Vocational schools (45) 6) Seminaries (45) 7) Business and secretarial schools (4~) 8) Single-family, two family, (11) or multiple-family dwellings for the hous- ing of institutional residents or affili- ates. (9) 9) Offices for adihinistrative person- nel or other institutional employees or affiliates. (14) 10) Churches (7), libraries, and muse- ums. (13) 11) Classrooms, laboratories, lecture halls, auditoriums and druilar places or institutional assembly. (45) 12) Off-street parking and loading. (N/A) 13) Nursing or convalescent homes of institutional residents or affiliates. (2) 14) Recreational or atidetic facilities for the primary use and benefit of institutional residents or affiliates. (45) 15) Farms, gardens, nurseries or greenhouses. (N/A) 16) Existing private uses or struc- tures situated within an ID District for which the R-3 District standards shall apply. (N/A) 17) (Reserved for future use) ( ) Parking Group - (See Section 4- 2 of this ordinance) Additional Principal Permitted Uses for Medical Institutions In addition to the Principal Permit- ted Uses listed above, the following additional principal uses shall be per- mitted for Medical institutions, but only in accordance with the limitations of 3-5.2(E) of this Section. 1) Facilities and operations for the diagnosis, care, and treatment of human health disorders, including examination or operating rooms, physi- cai therapy or x-ray facilities, psychiat- ric treatment, convalescent care, and similar hospital-related uses, but not to include commercial uses or uses listed as Conditional or Accessory Uses for this District. This provision shall include separate doctors' clinics or other medical facilities not owned or operated by the principal institution, but only where such facilities are func- tionally related to the histitution and are included within the original Insti- tutional District boundaries or the approved Preliminary Development Plan, as provided in 3-5.2(E) of this Section. (36) C. Accessory Uses: The following uses shall be permitted as accessory uses as provided in Section 4 of this 1) Restaurankq or cafeterias; flower shops; gift shops; and candy, cigar, or magazine stands; but only when operated and located entirely within a principal building 2) As an accessory use to a medical institution, and located entirely within a prindpal building, facilities for the compounding, dispensing, or sale of drugs or medicines, prosthetic devices, lotions and preparations, dental care supplies, eyewear, bandages or dress- ings, and similar medical or health- related supplies. 3) As an accessory use to an educa- tional institution and located entirely within a principal building, bookstores, or bars seating not more than seventy- five (75) persons at one time and located not closer then two hundred feet (206') from the nearest residential or office-residential district. 4) All other u~s customarily inci- dental to the principal permitted use SP conjunction with which such rained, but not to include commercia uses outside a principal building. D. Procedures for District Estab. lishment and Expansion: 1) Application and Conceptual Development Plan Submission: Application for district establishinent or expansion, or expaffsion of new or existing structures within an estab~ lished ID District shall be filed, along with the appropriate filing fee as pro- vided in Section 7 of this ordinance with the Office of Development Ser- vices. The application shall be accom- panied by a Conceptual Development Plan including: a) Written Information · Legal description and address of property · Name, address and phone num- ber(s) of the property owner(s) · Proposed construction and land- scaping schedule indicating the timing and sequence of each development activity · Existing and proposed uses for all buildings or structures · Total area of property and all structures existing and proposed · Present and proposed type and number of parking spaces on the prop- erty. b) Graphic Materials · Complete property dimensions; · The location, grade, and dimen- sions of all present and/or proposed streets or other paved surfaces and engineering cross-sections of proposed new curbs and pavement; · Proposed parking and traffic cir- culation plan, if applicable, showing location and dimensions of parking stalls, dividers, planters or sinai]ar per- manent improvements; perimeter screening treatment, including land- scaping, etc.; · Location and di~nensions of all buildings or major structures, both proposed and existing, showing exterior dbnensions, number and area of floors, location, number and type of dwelling units, heigi~t of building(s), etc.; · Existing and proposed contours of the property taken at regular contour intervals not to exceed five (5) feet, or two (2) feet if the City Develop- ment Planner determines that greater contour detail is necessary to satisfac- torily make the determinations required by tills ordinance; · The gsneral nature, location, and size of all significant existing natural land features, including hut not limited to sidewalks or paths, tree or hush masses, all individual trees over six (6) inches in diameter, grassed areas, sur- face rock and/or soil features, and all springs, streams, or other permanent or temporary bodies of water; · A locational map or other draw- ing at appropriate scale showing the general location and relation of the property to surrounding areas, includ- ing, Where relevant, the zoning and land use pattern of adjacent properties, the existing street system in the area, location of nearby public facilites, etc. 2) Comrais$ion Hearing: A public hearing shall be held by the Planning and Zoning Commis~ton on the appli- cation and Conceptual Development Plan in the same manner and with the same public notice procedure as required for zoning reclassifications. 3) Commission Recommendation: The Planning Commission's recommen- dation shall be transmitted to the City Council with a statement of reasons in support of the recommendation. If the recommendation is one of approval, it shall contain recommended conditions or restrictions to be included in an ordinance authorizing the establish- merit or expansion of the ID District or its uses. The conditions or restric- tions shall iclude but not be limited to: · Time limitations, if any, for sub- nfission of final development plans and · Uses permitted in this district. · Lot and bulk and performance standards for the development and operation of the permitted uses. · Requirement that any transfer of ownership or lease of property in the district include in the transfer or lease agreement a provision that tim pur- chaser or lessee acknowledges aware- ness of the condiUmns authorizing the establishment of the district. 4) Conceptual Development Plan Approval: The Planning and Zoning Commission shall not approve the Conceptual Development Plan unless and until the Commission determines that such plan conforms to eact~ of the following standards: a) The Conceptual Development Plan is in substantial conformance with adopted Comprehenxive Plans to ~ide the future g~owth and develop- merit of Dubuque. b) Expansions contemplated by the Plan are justifiable and reasonable in light of the projected needs of the institution and the public welfare. c) The proposed additions or expan- sions are designed so as to be function- ally integrated with the existing 172 Special Session, March 18, 1985 institutional facilities, with due regard to maintenance of safe, efficient, and convenient vehicular and pedestrian traffic: d) The proposed adifitions or expan- sions of use are permitted in the dis- trict and are of a location, size, and nature such that they are not likely to interfere with the appropriate use and enjoyment of property in abutting dis- tricts, e) The.,Conceptual Deveinpment Plan will not violate any provision or requirement of this ordinance. f) Approval of the Conceptual Development Plan shall be valid for a period of three (3) years, provided that after the first year, if no Final Site Development Plan has been filed, the CommiSsion or Council may require the resubmission of a Conceptual Development Plan in conformity with the procedures and standards of this section. g) A new or amended Conceptual Development Plan may be filed with- out cost at any thne following Council approval. 5) Council Action: Upon receiving tbe recommendation of the Commis- sion, the City Council shall act in the manner provided by law to approve or disapprove the requested zoning reclas- sification of the property. The affirma- tive vote of at least three-fourths of all the membersinp of the Council shall be necessary to approve the Conceptual Development Plan when the Commis- sion has recommended disapproval thereof, or to remove any conditions, require~nents, or limitations imposed by the Commission in approving the Conceptual Development Plan. 6) Submission of Final Site Development Plan: After passage of the ordinance authotizing the estab- lisinnent of an ID Institutional Dis- trict by the City Council, the applicant shall submit final site development plans to the City Development Plan- ner within the period of time, if any, specified in said ordinance. The plans shall include detailed information as required of a final site plan for nde- quate consideration of the plans. The City Development Planner will judge tim Final Site Development Plan for its conformance with the approved Conceptual Development Plan, and if found to be in conformance with said plan tbe issuance of building permits shall be permitted. Following approval of the Final Site Development Plan, no construction may take place except in substantial conformance with such Plan. If the project is phased, then each phase would be considered on its own merit and be evaluated on the specific ordinance requirements estab- ]]airing the district. The plans shall sat- isfy the subdivision regulations and other pertinent City ordinances where applicable. 7) Development According to Final Site Development Plan: a) Site Development Plan Review No building permit shall be issued on any site unless a site development plan h~s been submitted and approved in accordance with the provisions of Section 4-4 and unless such plan con- forms with the conditions of the adopted Conceptual Development Plan. b) Construction of Improvements or Posting of Bond No buildings may be erected and no uses may occupy any portion of the district until the required related off- site hnprovements are constructed or appropriate security as determined by the Planning and Zoning Commission is provided to insure construction. If the Institutional District is to be deve- loped in phases, all improvements nec- essary to the proper operation and functioning of each phase even though stone may be located outside of the section, must be constructed and installed or appropriate security as determined by the Planning and Zon- lng Commission must be provided to insure their construction. c) Time Limitation If substantial construction or devel- opment does not begin within the ~eriod of time specified in the ordi- nance authorizing the establishment of the district or in resolutions adopted ~ursuant thereto, the City Council datinn of the Planning and Zoning Commission, rezone the property or any portion thereof to the zoning dis- trict classification that prevailed prior to the approval of the classification. d) Extension of Time Limitation The time limitation specified in the ordinance authorizing the establish- ment of the District for submission of final site development plans and for completion of construction may be extendsd by the City Council upon a showing of good cause. e) Changes from Plan After recording of a final site devel- opment plan, changes not inconsistent with the purpose or intent of this sec- tion may be approved by the Planning Special Sessio~ and Zoning Commission. Changes affecting the purpose or intent of this section shall require a new petition to be filed. E. Prohibition on Commence- meat of Use by Parties Unasso- ciated with the Principal Institution: Within an existing ID Institutional District, no use otherwise provided for tins district may be com- menced by any person(s) except that: 1) The principal institution or its 2) A person under contractual or other legally-binding obligation to pro- vide services to such institution (e.g., the independent operator of a student cafeteria); or 3) The person or persons operating a doctor's cli~c or other facility per- mitred under the Principal Permitted Uses of this Section. The purpose of tins provision is to prohibit within an ID Institutional unrelated to the promotion of the pri- mary educational, charitable, religious, or me&pal purpose of the institution, by requiring purchasers of institutional land and/or buildings to seek appropri- ate reclassification of the property institutional use on the premises. F. Lot and Bulk Regulations: 1) Required Front Yard Setback: 20 feet 2) Required Side Yard Setback: 10 feet plus 2 feet per story over the first where abutting a residential or office- residential district. 3) Required Rear Yard Setback: 10 feet plus 2 feet per story over the first where abutting a residential or office- residential district, 4) Building Height: Hospitals - 120 feet. Afl other uses - As approved in the adopting ordinance estabfishing the ID District. G. District Standards: The specific ordinance establishing a particular Institutional District or resolutions adopted pursuant thereto shall provide standards for the design, development, structures. These standards may include, but are not hinited to: 1) Control of operations outside of enclosed buildings. 2) Control of lighting and utilities. 3) Provision of landscaping and pro- tectlon of natural areas. 4) Control of refuse collection areas. 5) Off-street parking and loading requirements. (If not included in the adoptiag ordinance establishing the March 18, 1985 173 specific ID District, then Section 4-2 of this ordinance shall apply.) 6) Control of signage. (If not included in the adopting ordinance estabfishing the specific ID District, then Section 4-3 of tins ordinance shall apply.) 3-5.3 FL Flood Hazard Overlay Dis- trict A. General Purpose and Descrip- tions: The provisions of the FL Dis- trict are intended to promote the public health, safety, and general wel- fare and to minimize the extent of floods and the losses incurred in flood hazard areas. Tt~e regulations of this Section are designed to: 1) Restrict or prohibit uses which are dangerous to health, safety, or prop- erty in times of flooding or cause undue increases in flood heights or velocities; 2) Require that uses vulnerable to floods, including public facilities which serve such uses, be provided with flood ,rotection at the time of initial con- struction. 3) Protect individuals from buying land winch are unsinted for intended purposes because of flood hazard; and 4) Assure that eligibility is main- rained for property owners in the City to purchase flood insurance in the National Flood Insurance Program. B. Supplemental Definitions 1) CHANNEL. A natural or artifi- cial watercourse of perceptible extent, with a defiuite bed and banks to con- fine and conduct continuously or peri- odically flowing water. Channel flow, thus is that water which is flowing within the limits of a defined channel. 2) DEVELOPMENT. Any man- made change to improved or unim- )roved real estate, including but not limited to buildings or other structures, miuing, dredging, filling, grading, pav- ing, excavation or drilling operations. 3) FLOOD. A temporary rise in streams flow or stage that results in water overlapping its banks and toun: dating areas adjacent to tbe channel. An unusual and rapid accumulation of run-off or surface waters from any 4) FLOOD INSURANCE RATE MAP (FIRM). An official map of a commudity, on which the Flood Insur- ance Study has delineated the Flood Hazard Boundaries and the zones establislfing insurance rates applicable to the community. 5) FLOOD INSURANCE STUDY (FIS). The official report provided by the Federal Insurance Administration. 174 Special Session, March 18, 1985 The rep(~rt contains flood profiles, as well as the Flood Boundary-Floodway Map and the water surface elevation of the base flood. 6) FLOOD PROOFING. Any com- bination of structm'ai and nonstruc- rural additions, changes or adjustments to structures, including utility and san- itary facilites, which would preclude the entry of water. Structural compo- nents shall have the capability of resisting hydrostatic hydrodynamic loans and the effect of buoyancy. 7) FLOODWAY. The channel of a river or other watercourse and the adjacent portion of the flood plain that must be reserved in order to dis- charge the 100-year flood without cumplafively increasing the water sur- face elevation more than one foot at any point assuming equal conveyance reduction outside the channel from the two sides of the flood plain. 8) FLOODWAY FRINGE. That area of the flood plain, outside of the floodway, that on the average is fikely to be flooded once every 109 years (i.e., that hms a one per cent chance of flood occurrence in any one year). 9) MOBILE HOME. A structure, transportable in one or more sections, which is built on a permanent chassis and designed to be used with or with- out a pennanent foundation when con- nected to the required utifities. It does not include recreational vehicles or travel trailers. 10) MOBILE HOME PARK SUB- DIVISION. "Mobile Home Subdivi- sion'' means a parcel (or continguous parcels) of land which has been divided into two or more lots for rent or sale and the placement of mobile homes. 11) NEW CONSTRUCTION. New construction means those structures or substantial improvement of which is begun after the effective date of this Ordinance. 12) REGULATORY FLOOD ELE- VATION. Elevation indicated on the FIRM as the elevation of the 100 Year Flood. lg) REGULATORY FLOOD PRO- TECTION ELEVATION. An eleva- tion one foot lfigher than the water surface elevation of the regulatory flood. 14) STRUCTURE. A walled and roofed structure including a gas or liq- uid storage tank, that is principally above the g~'ound, including but with- out limitation to buihfings, factories, sheds, cabins, mobile homes, 'and other simili~u~ uses. 15) SUBSTANTIAL IMPROVE- MENT. "Substantial Improvement" means any repair, reconstruction, or improvement of a structure, the cost of which equals or exceeds 50 per cent of the market value of the structure either (a) before the improvement is started, or (b) if the structure has been damaged and is being restored, before the damage occun'ed. For the purposes of this definition "substantial improve- ment" is considered to occur when the first alteration of any wall, ceiling, or other structural part of the build- lng commences, whether or not that alteration affects the external dimen- sions of the structure. The term does not, however, include any alteration to comply with existing state or local health, sanitary, building, or safety codes or regulations. 16) 100 YEAR FLOOD. The base flood having a one per cent chance of C. General Provisions 1) Adoption of Flood Maps and Flood Insurance Study The City of Dubuque hereby adopts the Flood Insurance Rate Map, the Flood Boundary and Floodway Map, and the Flood Insurance Study dated October 31, 1975, provided by the Fed- eral Adininlstration as the official doc- 2) Lands to Which Section Applies This section shall apply to all lands within the jurisdiction of the City of Dubuque identified on the Flood Insurance Rate Map as numbered and unnumbered A zones and within the Flood H~ard Overlay Districts estab- 5shed in Section 3-5.3 (D). 3) Interpretation In their interpretation and applica- lion, the provisions of this Section si~afi be held to be minimum require- ments and shall not be deemed a limi- tation or repeal of any other powers granted by State Statutes. 4) Warning and Disclaimer of Liability The degree of flood protection required by tbis Section is considered reasonable for regulatory purposes and is based on engineering ~nd scientific metbods of study. Larger floods may heights may be increased by man-made or natural causes, such as ice jams and bridge openings restricted by debris. This Section does not imply that areas outside the flood hazard overlay dis- tricts or land uses permitted within such dis~icts will be free from flooding Special Session, March 18, 1985 175 or flood damages. This Section shall not create liability on the part of the City of Dubuque or any officer or employee thereof for any flood dam- ages that may result from reliance on this Section or any administrative decision lawfully made thereunder. D. Establishment of Flood Haz~ ard Overlay Districts: There are hereby established a Floodway Overlay District (FW) and a Floodway Fringe Overlay District (FF) whose bonn- daries shall be consistent with the numbered and unnumbered A Zones as identified on the Flood Insurance Rate Map and in the Flood Insurance Study provided by the Federal Insurance Administration. Witbin these districts ail uses not meeting the standards of tbis Section and those standards of the underlying zoning ~fistrict shall be pro- hibited. E. Standards for the Floodway Overlay District (FW) and the Floodway Fringe Overlay District (FF) 1) General Standards a) All new construction including mobile homes and substantial improve- ments shall be anchored to prevent flotation, collapse or lateral movement of the structure; b) All new construction and sub- stantial improvements shall be con- structed with materials and utility equipment resistant to flood damage; c) All new construction or substan- tial improvements shall be constructed by methods and practices and mini- mize flood dmnage. d) All new and replacement water supply systems shall be designed to minimize or eliminate infiltration of flood waters into the system. e) New and replacement sanitary sewerage systems shall be designed to minimize or eliminate infiltration of flood waters into the systems and dis- charges from the systems into flood waters; and f) All new and replacement on-site waste disposal systems shall be located to avoid hnpairment to them or con- tamination from them during flooding. 2) Specific Standards a) Storage of Material and Equip- ment (1) The storage or processing of materials flint in time of flooding are buoyant, flammable, explosive, or could be injurious to human, animal, or plant life is prol~bited. (2) The storage of other material or equipment may be allowed if not sub- ject to major damage by floods and firmly anchored to prevent flotation or if readily removable from the area within the time available after flood warning. b) Subdivision Proposals (1) All division proposals shall be consistent with the need to minimize flood damage, (2) All subdivision proposals shall have public utilities and facifities such as sewer, gas, electrical, and water sys- tems located and constructed to mini- mize flood damage. (3) All subdivision proposals shall have adequate drainage provided to reduce exposure to flood hazards. (4) The subdivider shall provide the regulatory flood protection elevation for each subdivision proposal of five (5) acres of fifty (50) lots whichever is lesser. F. Floodway Fringe Overlay Dis- trict (FF) 1 ) Permitted Uses Any use permitted in the underlying district shall be permitted in the Floodway Fringe Overlay District (FF) provided that no use shall be permitted in the district unless the standards of this Section and Section 3-5.3 (E) are elevation. c) Within Zones AO all new con- 176 Special Session, March 18, 1985 ment of streets, utilities and pads equals or exceeds 50 percent of the value of the streets, utilities and pads before the repair, reconstruction or improvement has commenced, it is required that: il) Specific anchoring standards be met: (a) Over-the-top ties be provided at each of the four corners of the mobile home with two additional ties per slde at the intermediate locations and mobile homes less than 50 feet long requiring one additlonal tie per side. (b) Frame ties be provided at each corner of the home with five additional ties per side at the intermedlate points and mobile homes less than 50 feet long requiring four additional ties per side. (c) All components of the anchoring system be capable of carrying a force of 4800 pounds. (d) Any additions to mobile homes be sinuiarfy anchored. (2) Stands or lots are elevated on compacted fill or piers so that the lowest floor of the structure will be at or above the regulatory flood protec- tion elevation. (3) Adequate surface drainage and easy access for a hauler is provided. (4) In the instance of elevation on piers, lots are large enough to permit steps, lfmr foundations are placed on stable soil no more than 10 feet apart and steel reinforcement is provided for piers r~ore than 6 feet high. G. Floodway Overlay District (FW) 1) Permitted Uses Only the following uses having a low floodsdamage potential and not obstructing flood flows shall be per- mitted within the Floodway Overlay Dristrict (FW) to the extent that they are not prohibited by any other ordi- nance and provided they do not require structures, fill, or storage of materials or equipment. No use shall increase the flood levels of the regula- tory flood elevation. These uses are subject to the standards of Section 3- 5.3(E) and Section 3-5.3(F). a) Agricultural uses such as general farming, pasture, nurseries, forestry. b) Residential uses such as lawns, gardens, parking, and play areas. c) Non-residential areas such as loading areas, parking, airport landing strips. d) Public and private recreational uses such as golf courses, archery ranges, picnic grounds, parks, wildlife and natural preserves. e) Streets, overhead utility lines, creek and storm drainage facilities, sewage treatment plant outlets, water supply intake structures, and other similar public or utility uses. f) Boat docks, ramps, piers for pub- licly owned structures. g) Dams, provided they are con- structed in accordance with the regn: lations of the city of Dubuque, the Iowa Natural Resources Council and other State and Federal ageneies. h) Placement of mobile homes is prohibited in the floodway, except in e:dsting mobile home parks and exist- lng mobile home subdivisions. H. Administration 1) Permit Required No person, firm, or corporation shall initiate any development or substantial improvement or cause the same to be done without first obtaining a separate permit for development for each build- lng or structure. 2) Application for Permit To obtain a permit, the applicant shall first file an application in writ- lng on a form furnished for that pur- pose. Every such application shall: a) Identify and describe the work to be covered by the permit. b) Describe the land on which the proposed work is to be done by lot, block, tract, and street address or simi- lar description that will readily identify and definitely locate the proposed building or work. c) Indicate the use or occupancy for which the proposed work is intended. d) Be accompanied by plans and specifications for proposed construc- e) Be signed by the permittee or his authorized agent who may be required to submit evidence to indicate such authority. f) Give such other information as may reasonably be required by the City Manager or his appointed deeig- 3) Administrator of this Section The (T~ty Manager or his appointed designee is hereby appointed to admin- ister and implement the provisions of this Section. The duties of the City Manager or his appointed designee shall include, but not be limited to: a) Review of all development per- mits to ossure that sites are reason- ably safe from flooding and that the permit requirements of this Section have been satisfied; b) Review of all development per- mits to assure that all necessary per- mits have been obtained from Federal, State, or local governmental agencies from which prior approval is required; Special Session, March 18, 1985 177 c) Notify adjacent communities and the Iowa Natural Resources Council prior to any alteration or relocation of a watercourse and shall submit evi- dence of such notification to the Fed- eral Insurance Administration; d) A~sure that maintenance is pro- eided within the altered or relocated portion of said watercourse so that the flood carrying capacity is not dimin- ished; e) Verify and record the actual ele- vation (in relation to mean sea level of the lowest floor (ineiuding the base- ment) of all new or substantially improved structures. f) Verify and record the actual ele- vation (in relation to mean sea level) to which the new or substantially improved structures have been flood- proofed; and g) When floodproofing is utilized for a particular structure the City Man- ager or his appointed designee shall be presented certification frmn a regis- tered professional engineer or archi- tect. 4) Appeals Appeals may be made to the Board of Adjustment by any person aggrieved or any munieipal officer, department, beard or bureau affected by any order, requirement, decieion or determination made by the City Manager or his appointed designee in the administra- tion or enforcement of this Section. Such appeals shall be made in accor- dance with the provisions of Section 5- 3.5. 5) Variances a) Authorization The Board of Adjustment may authorize a variance from the strict application of any provision of this Section, provided that such a variance may only be granted upon (1) a show- lng of good sufficient cause, (2) a deter- mination that failure to grant the variance would result in exceptional hardship to the applicant, (3) a deter- mination that the variance issurance will not result in increased flood heights, additional threats to public safety, extraordinary public expense, will not create nuisances, cause fraud on or victimization of the public, or conffict with existing local or state laws or ordinances and (4) approval of the variance by the Iowa Natural Resources Council. No variance shall have the effect of allowing in any zon- lng district uses not permitted in that district by either this Section or any other Section of this ordinance. b) Procedure and Standards Requests for variance shall be made in accordance with the procedures and standards set forth in Section 5-3.4. c) Technical Assistance The Board of Adjustment in its review of a variance request, and prior to rendering its decision, shall transmit one copy of the application and sup- plemental information to the City Engineer for technical assistance in evakiating the proposed variance. d) Notice tO the Applicant The City Manager or his appointed designee shall notify the variance applicant in writing that the issuance of a variance to construct a structure below the 100-year flood level will result in increased actuarial rates for flood insurance coverage and that such construction increases risks to life and property. The applicant will provide written and notarized acknowledge- ment of such notification. SECTION 4 SUPPLEMENTAL PROVISIONS 4-1 Accessory Uses 4-1.1 Accessory Uses Permitted: A. In residential and office residen- rial districts (R through OR) accessory uses shah only be permitted as specifi- cally authorized within eaci~ individual district of this ordinance. No accessory use shall be deemed to be authorized by this ordinance unless such use is suberdilmte to and on the same zoning lot with the principal use in conjunc- tion with which it is maintained. B. In all other zoning districts, accessory uses shafi be permitted with or without conditions if the City Plan- ner deems the use customarily inciden- tal and subordinate to the principal use it serves. Such uses within non-resi- dential districts shall comply with the specific bulk regulations listed within the district in which it is located, except that gas and service stations shall be allowed pumps, pump islands and canopies in a required front yard subject to site plan review, in Section 4-4 of this ordinance and satellite receiving dishes shall comply with the same requirements of residential and office residential districts established in Section 4-1.5(3) of this ordinance. 4-1.2 Location, Coverage and Height of Accessory Uses, Build- ings and Structures within Resi- dential and Office Residential Districts: A. Location: No accessory use, building, or structure permitted by this ordinance may be located in a required front yard, except as otherwise specffi- caliy authorized. No accessory building and no structure, equipment or material of any kind exceeding five (5) 178 Special Session March 18,1985 feet in height may be located in a required side yard. If satellite receiving dishes are attached to a roof of a prin- cipal building then the haight of said structure shall not exceed the highest point of the building on which it is mounted. Roof mounted satellite receiving dishes shall be limited to six feet (6') in diameter. B. Accessory Use/Building Coy- erage: The lot coverage of permitted accessory uses and/or buildings and the principal building it serves shall be calculated together for the purpose of complying with the specified lot cover- age as a percent of lot area for each district. The maximum lot coverage shall not be exceeded within the dis- trict in which it is located and in no case shall the permitted accessory building(s) exceed the lot coverage of the principal building it serves. C. Accessory Building and Strut- ture Height Limitations: No accessory building or structure permit- ted by this ordinance shall exceed one floor level and a height of fifteen (15) feet measured from ground level, except that for wind generators no rotating or moving portion of the structure shall be closer than 8' to ground level unless a four (4) foot fence is provided around said structure regardless of whether or not a perime- ter property fence is existing. (See dia- gram) GABLE ROOF' OR HIP R~ GAMBREL MANSARD wind Generator Solar Collector: ROOf Mounted Solar CoUectorl Free Standing 4-1,3 Side and Rear Yard Setback for Detached Accessory Buildings, Structures and Uses within Resi- dential Districts: Where a detached garage is entered from an alley, such garage shall be located no less than six (6) feet from the alley line. All other permitted accessory buildings or struc- tures shall be located no less than three (3) feet from any side or rear yard line, except where a greater set- back is required by other provisions of this ordinance. 4-1.4 Residential Dwelling Prohi- bited in Accessory Buildings: No accessory building may be used for res- identlal dwelling purposes at any time. 4-1.5 Site Plan Approval for Cer- tain Accessory Uses: The follo~ving accessory uses and conditions estab- lished herein shall require site plan approval in accordance with Section 4- 4 of this ordinance prior to their esteb- Iishment on the premises: Special Session, March 18, 1985 179 1) Greenhouses over one-hundred (100) square feet in area 2) Wind generators 3) Satellite receiving dishes, provided that: a) not more than one (1) dish shall he placed on any lot less than one-half (1/2) acre; and ~ b) dishes shall not exceed ton feet (10') in diamtor; and c) dishes shall only he permitted in rear yards, except that on corner lots dishes shall be allowed in side yards; and d) dishes shall be made of noncom- bustible and corrosive-resistent ma- terial and erected in a secure, wind reskstent manner according to the spec- ifications of the building official; and e) dishes shall not he used as signs or billboards (off-premise signs). 4) Swimming pools 4-2 Off-Street Parking and Loading Regulations 4-2.1 General Purpose: The provi- sions of this section shall apply to uses within all zoning districts of the City of Dubuque. No such use shall be commenced, expanded or enlarged in any manner unless the off-street park- lng and loading provisions of this sec- tion are complied with. 4-2.2 Site Plan Required: A site plan shall be required for the construction or creation of any parking lot or the expansion of any existing parking lot in accordance with the site plan pro- visions of Section 4-4. 4-2.3 Computation of Off-Street Parking and Loading Require- monte: The following provisions shall govern the computation of required off-street parking and loading spaces: 1) Where computafton of required off-street parking spaces results in a fractional number, the required spaces for the use shall be the next higher whole number. 2) Where more than one use is established on a single lot, the off- street parking and loading require- ments for the lot shall be the sum of the separate requirements for each use established on the lot. 3) Where a lawful use exists at the time of adoption of this ordinance that is deficient in the provision of required off-street parking, any new use hereof- ter established in its place shall con- form to the parking requirements of this ordinance. However, in computing the off-street parking requirements for any new use, such new use shall be credited for the number of off-street parking gpaces that the previous use w~s in delleit. 4) No structure(s) containing lawful uses existing at the thne of adoption of this ordinance within C-1, C-2, C-3, C- 4, CS, CR, LI and HI districts, shall hereafter he expanded or enlarged to an extent greatex than twenty-five per- cent (25%) of the gross floor area exist- lng at the time of adoption of this ordinance, unless parking and loading spaces are provided in full so as to bring the entire expanded use into con- fortuity with this Section. 4-2.4 Location of Required Parking and Loading Spaces: All off-street parking and loading spaces required by this ordinance shall he located on the same lot as the use for which such spaces are required, except that: A. Where, within an office, commer- cial, or industrial district, an increase in the number of off-street parking spaces is required by an alteration, enlargement, or change of a use, the required off-street parking spaces may he located not farther than three hun- dred (300) feet from the use(s) served. B. Within an ID Institutional Dis- trict parking spaces may be located on a separate lot within the ID District beundarieub unless further restricted by the ordinance establishing the district. C. Payment in lieu of parking: (Reserved for future use) 4-2.5 Off-Street Loading Space Requirements: All off-street loading spaces for truck and/~r other bulk deliveries shall be required as follows: 1) Manufacturing/Warehousing Use 0 - 4,999 sc!. ft. - 1 space minimum 5,000+ sq. ft. - 2 spaces minimum 2) All other Commercial and Indus- trial Uses 0 - 9,999 sq. ft. - 1 space minimum 10,0O0 + sq. ft. - 2 spaces minimum 4-2.6 Special Provisions for Off- Street Parking and Storage of Vehicles in Residential District A. Statement of Intent: In order to avoid the obstruction of public streets and sidewalks, improve traffic visibil- ity, insure the provision of necessary light and air to residential dwellings, and maintehi the visual harmony and character deemed appropriate in resi- dential neighborhoods within the City, it is the intent of this ordinance that the provisions of this Section should be narrowly construed so as to prohibit any parking or storage of vehicles on residential lots except as clearly and specifically authorized herein. The provisions of this Section shall govern the off-street parking or stor- age of vehicles as an accessory use within any R-l, R-2, R-2A, R-3, or R-4 180 Special Session March 18, 1985 residential district, and no such accessory off-street parking or storage of vehicles within any such district shall be permitted except in confor- mance with these provisions. B. Definitions: The following deft- nitions shall govern the interpretation of this Section: 1) Vehicle: as used in this Section, a vehicle shall be broadly interpreted to mean any implement of conveyance designed or used for the transportation of people or materials on land, water or air, including but not limited to automobiles, trucks, bicycles, motorcy- cles, snovnnobiles, boats, airplanes, hel- icopters, trailers, campers, wagons, etc. 2) Storage: the substantially unin- terrupted placement on a residential lot of any vehicle for any consecutive period of time exceeding forty-eight (48) hours. 3) Parking: tbe placement on a res- identlal lot of a vehicle for any sub- stantially uninterrupted period of time not exceeding forty-eight (48) hours. C. Standards Governing the Off- Street Parking or Storage of Vehi- cles as an Accessory Use in Resi- dential Districts: 1) Maximmn Size Limitation on Vehicles Stored: No vehicle exceed- ing twenty (20) feet in overall length or nine (9) feet in overall height may be stored anywhere on a residential lot as an accessory~ use, except as provided herein. 2) Front Yard Storage Prohi- bited: No vehicle may be stored in the front yard of a residential dwelling under any circumstances, but front yard parking of vehicles may be per- mitred in conformance with the other standards of tiffs Section. 3) Rear Yard Storage Required, if Accessible: All vehicles shall be stored only in a rear yard, where one exists, except that where no rear yard exists, or where the City Development Planner determines that an existing rear yard is not reasonably accessible, then not more than one (1) vehicle may be stored in a side yard, provided that no part of such vehicle may be stored within a required ~ide yard. 4) Current Registration Required for Ail Vehicles Stored: No vehicle may be stored as au accessory use on a residential lot unless such vehicle bears a current Iowa certificate of motor vehicle registration. 5) Storage in Required Parking Spaces for Multiple Family Dwell- ings Prohibited: Contrary provisions of tiffs ordinance notwithstandtag, no vehicle storage shall be permitted in reqnired parking spaces for a multiple- family dwelling. Off-street vehicle stor- age space may be provided for a multi- pie-family dwelling, provided that a Site Plan for such space is approved in accordance with Section 4-4 of this ordinance. 6) Front Yard Setback for Garages Required: In zoning districts requiting less than twenty feet (20') front yard setbacks, where a garage opens onto or faces the street a mini- mum setback of twenty feet (20') shall be required. 4-2.7 Off-Street Parking Require- merits: The number of off-street park- ing spaces required for each building or use shall be determined by refer- once to the following table of parking groups. Parl(mg groups m~ identified for each use witifin each district by a bracket enclosed number next to each principal permitted use i.e., (1). Where several different property uses will share a joint parking area, the parking requirements shall be computed based upon the overall development. Parking Group Minimum Off-Street Parking Spaces Required 1 ..... 5 spaces for each bed 2 ..... 5 spaces for each bed plus 1 space for each employee on the maxi- mum shift 3 ..... 5 spaces for each dwelling unit 4 ..... 75 spaces for each person or tenant 5 .... 1 space for each person 6 .... 1 space for each dwelling unit 7 .... 1 space for each 4 permanent seats 8 .... I space for each employee on the maximum shift 9 .... L5 spaces for each dwelling Special Seseio~ on the ma:dmum shift 16 .... 3 spaces for each employee on ma~mum shift 17 .... I apace for each 250 sq. ft. of floor area accessible to the general public 18 .... 2 spaces for 6ach employee on the maximum shift 19 .... 1 space for each employee on the maximum shift plus 1 space for each 250 sq. ft. of floor area access- ible to the general public 20 .... 1 space for each 4 permanent seats plus 1 space for each employee on the maximum shift plus 1 space for eacb 100 sq. ft. of floor area devoted to assembly use 21 .... 2 spaces for each employee on the maxiraum shift plus 1 space for each service bay 22 .... I space for each 4 washing machines 23 .... i space for each employee on the maximmn shift plus 1 space for each 100 sq. ft. of floor area access- ible to the general public 24 .... 1 space for each unit plus 1 space for each employee on the maxi- m mn shift 25 .... 1 space for each 4 permanent seats plus i space for each employee on the maximum shift plus 1 space for each 100 sq. ft. of floor area access- ible to the general public not contain- ing permanent seats 26 .... 1 space for each 4 permanent seats plus 1 space for each employee on the maximum shift 27 .... 1 space for each 400 sq. ft. of floor area accessible to the general public 28 .... i space for each 4 permanent seats plus 1 space for each employee on themaximum shift plus i space for each 50 sq. ft. of floor area devoted to 29 .... i space for each employee on the maxim,un shift plus 1 space for each service vehicle plus 1 space for each 250 sq. ft, of floor area access- ible to the general public 30 . . . ~ .75 space for each room plus 1 space for each employee on the maxi- mum shift (lodging only) other uses shall be calculated separately 31 .... I space tbr each employee on the maximum shift plus 1 space for each 300 sq. ft. of floor area access- ible to the general public 32 .... I space for each employee on the maximum shift plus 1 space for each 250 sq. ft. of floor area access- ible to the general public plus i space for each 400 sq. ft. of general office 33 .... 1 ~pace for each employee on , March 18, 1985 181 the maximum shift plus I space for each moving van or service vehicle 34 .... 1 space for each employee on the maximum shift plus 2 spaces for each service bay 35 .... 1 space for each employee on the maximum shift plus 3 spaces for each service bay 36 ..... 75 space for each employee on the maximum shift plus 3.5 spaces for each doctor (doctors are not included as employees for calculation of this parking group) 37 .... A. Bowling Alley - 4 spaces for each lane B. Miniature Golf - 15 spaces for each 9 holes C. Golf Course - 50 spaces for each 9 holes D. Excursion Craft Operation and Service - i space for each 4 permanent seats on the craft plus I space for each employee on the maximum shift E. Pleasure Craft Harbor - 1.5 spaces for each docking slip F. Tennis/Handhall/Racquetball Courts - 3 spaces for each court G. Swhaming Pool - 1 space for each 30 sq. ft. of gross pool area H. Welgbt Tcaining/Exercise Room - I space for each 100 sq. ft. of floor area devoted to such use I. Gymnadum (with no seating pro- vided) - i space for each 100 sq. ft. of athletic floor area J. Shooting/Archery Range - 1 space for each firing point plus i space for each employee on the maximum shift K. Pool Hall/Billiard Parlor - 1 employee on the 'maximum shift plus 1 space for each 100 sq. ft. of area accessible to the general public 38 .... 1 space for each employee on the maximum shift plus 1 space for each 500 sq. ft. of internal display area plus 1 space for each 2,000 sq. ft. of outdoor display area plus 2 spaces for each service bay 39 .... i space for each employee on the maximum shift plus i space for each 4,000 sq. ft. of outdoor display area plus 2 spaces for each service bay 40 .... i space for each employee on the maximmn shift plus 1 space for each 500 sq. ft. of indoor display or office area plus 1 space for each 5,000 sq. ft. of ounioor display area 41 .... 1 space for each employee on the maximum shift plus i space for each 250 sq. ft. of display area (includ- ing both indoor and outdoor) plus 2 spaces for each service bay 42 .... 1.5 spaces for each employee on the maximum shift plus 1 space for each service bay and/or service vehicle 43 .... I space for each 209 sq. ft. of 182 Special Session, March 18, 1985 gross leasible area 44 .... i space for each employee on the maximum shift plus I space for each service vehicle plus adequate truck and tractor/trailer spaces as determined by the City Development Planner 45 .... Dormitories - i space for each bed Gymnasiums - 1 space for each 6 pexmanent seats Lecture Hails - 1 space for each 6 permanent seats Employees - .75 spaces for each employee on the maximum shift 46 .... 1.5 spaces for each licensed or state approved bed 47 .... As determined by the City Development Planner 48 .... i space for each six (6) per- manent seats plus one space for each employee on the maximum shift 4-2.8 Handicap Parking Space Requirements: Parking spaces for the physically handicapped ~hall be located as close as posaible to eleva- tots, ramps, walkways and entrances. Parking spaces for the physically hand- icapped shall be located so that such persons are not compelled to wheel or to walk behind parked cars to reach entrances, ramps, walkways and eleva- tors. One (1) handicap space simli be pro- vided for each one-hundred (100) park- ing spaces in a pot]dug lot. 4-3 Sign Regulations 4-3.1 General Statement of Intent The provisions of this Section set- forth the comprehensive regulations, conditions and limitations under which signs may be permitted in the City of Dubuque. It is intended by the Council that these provisions shall be held to be the minimum regulations necessary for the protection of the public weffare and simll be narrowly construed and strictly applied in favor of the public interest in maintaining a safe, healthy, and attractive environment. 4-3.2 Definitions 1) Abandoned Sign. A sign which no longer identifies or advertises a afide business, lessor, service, owner, product, or activity and/or for which no legal owner can be found. 2) Animated Sign. Any sign which uses movement or change of lighting to depict action or to create a special effect or scene. 3) Area. (See Section 4-3.10 of this ordinance) 4) Banner Sign. A sign made of fabric or any non-rigid material with no enclosing framework. 5) Billboard. (See "Off-Premise Sign") 6) Building Sign. A sign affixed to and wholly supported by an exterior wall of a building or stsucture. 7) Canopy or Arcade Sign. A wall mounted sign attached to or con- structed on the face of a permanent roofed structure covering an area cus- tomarlly used for pedestrian circula- 8) Changeable Copy Sign. A sign that is designed so that characters, let- ters, or illustrations can be changed or rearranged either manually or auto- matic without altering the face or the service of the sign. 9) Commemorative Sign. A perma- nent sign or architectural feature, cast or engraved in stone or metal, and fixed to or made an integral part of the structure, indicating the name of the structure, its address, date of cons~ruc- tion, or other information of commem- orative or historical significance. 10) Construction Sign. A tern- porary sign identifying an architect, contractor, subcontractor, material supplier or others participating in the construction on the property on which the sign is located. 11) Direct Lighting. Illumination by means of an external source. 12) Directional / Informational Sign. An on-premise sign identifying a premises, or an activity conducted upon such premises, and providing direction for the safe and efficient flow of vehicular or pedestrian traffic to such acclivity or premises. Directional signs shall include signs marking entrances, exits, parking areas, loading areas or other operational features of the premise. 13) Discontinued Sign. (See "Abandoned Sign") 14) Double-Faced Sign. A sign with two faces or panels, neither of which is visible at the same time and are directly back to back as opposed to a v-shaped sigu. i5) Electronic Message Center. A sign on which the copy changes auto- matically on a lampbank or through mechanical means, e.g., electrical or electronic time and temperature units. 16) Externally IBuminated Sign. A signs whose illumination is derived entirely from an external artificial 17) Facade. The entire building front, including the parapet. 18) Flashing Sign. A sign which contains an inter~nittont or sequential flashing light source used primarily to attract attention. This does not include Special Sessian changeable copy signs, animated signs, or signs which, through reflection or other means create an illusion of flash- lng of intermittent light (compare !'Animated Sign"). 19) Free Standing Sign. A sign supported upon the ground by poles or braces and not attached to any build- lng. 20) Frontage. The length of the property line of any one premise along a public right-of-way on which it bor- 21) Government Sign. Any tem- porary or permanent eign erected and maintained by the City, County, State, or Federal government for traffic direction or for designation of or direction to any school, hospital, his- toric aite, or public service, property, or facility. 22) Height (of a Sign). The vertical distance measured from the highest point of the sign, exluding embellish- ments of not more than five feet (5') in height above the sign, to the aver- age ground grade beneath the sign. 23) Identification Sign. A sign whose copy is limited to the name and address of the building, institution, or person and/or to the activity or occu- pation being identified. 24) Illegal Sign. A sign which does not meet the requirements of this code and which has not received legal non- conforming status. 25) Indirect Lighting. Illumination by means of a concealed light source, whereby all incandescent or florescent devices are shielded from view by opaque or translucent materials, and including reflected light'mg. 26) Inflatable Sign. Any sign designed or constructed with the abil- ity to be mechauically filled with air or gas. 27) Internally Illuminated Sign. Illumination by means of a light source completely enclosed by the sign panel(s). 28) Intermittent Lighting. (See Flashing Sign) 29) Maintenance. The cleaning, painting, repair, or replacement of defective parts of a sign in a manner that does not alter the basic copy, desigu, or structure of the sign. 30) Multiple Faced Sign. Signs containing more than two (2) faces or panels. 31) Name Plate. A nonelectric or premise idenCrfication sigu giving only the name, address, and/or occupation of an occupant or group of occupants. 32) Nonconforming Sign. A sign which was erected legally, but which March 18, 1985 183 does not comply with subsequently enacted sign restrictions and regula- 33) Off-Premise Sign. A eigu struc- ture advertising an establishment, mer- chandise, service, or entertainment which is not sold, produced, manufac- tured, or furnished at the property on which said sign is located, e.g., "Bill- boards", "Outdoor Advertising", or "Off-Site Sign". 34) On-Premise Sign. A sign which )ertains to the use of the premises on which it is located and meintained. 35) Painted Wall Sign. A sign which is applied with paint or similar substances on the face of a wall and is considered to be a wall mounted sign for calculation p~krposes. 36) Parapet. That part of any wall entirely above the roof line. 37) Political Sign. A temporary Sign used in connection with a local, state, or national election or referen- dum. 38) Portable Sign. Any sign de- signed to be moved easily and not per- manently affixed to the ground or to a structure or building. 39) Frojeeting Sign. A sign other than a fiat wall sign, which is attached to and projects from a building wall or other structure not specifically designed to support the sign and is not parallel to the structure to which it is attached. 40) Public Serv/ce Information Sign. Any sign intended exclusively to promote items of general interest to the commuuity, such as time, tempera- ture, date, atmospheric conditions, news or travel control. 41)Reni Estate Sign. A temporary sign advertising real estate upon which the sign is located as being for rent, lease, or sale. 42) Roof Line. The top edge of the roof or building parapet, whichever is higher, excluding any cupolas, pylons, cbJmneys, or minor projections. 43) Roof Sign. Any sign erected upon or above a roof or parapet wall of the building in which it is wholly or partially supported by such build- lng. 44) Rotating Sign. Any sign or device which has any visable moving part, visable revolving part, or visable mechanical movement. Such motion does not refer to methods of cimnging copy. 4~) Sign. Any device, structure, fix- ture, or placard using graphics, sym- bols, and/or written copy designed specifically for the purpose of adver- tising or identifying any establieinnent, 184 Special Sessioe. March 18, 1985 product, goods, or services. 46) Special Event Sign. A tem- porary sign advertising or pertaining to any civic, patriotic or special event of general public interest taking place within the city. 47) Street Banner Sign. Any ban- ncr sign which is stretched across and hung over a public right-of-way. 48) Subdivision Identification Sign. A free-standing or wahl sign identifying a recognized subdivision, condomiuium complex, or residential development. 49) Temporary Sign. A sign not constructed or intended for long-term 50) Under-Canopy Sign. A direc- tional sign suspended beneath a canopy, ceiling, roof, or marquee. 51) V-Shaped Sign. A sign with two (2) faces or panels not supported by one common structural member and wifich faces are not back to back such as a double-faced sign. 52) Wall Sign. A sign attached parallel to and extending not more than eighteen inches (18") from the wall of a building, This definition includes psinted, individual lettered, and cabinet signs, and signs on a man- surd, 53) Window Sign. A sign installed inside a window and intended to be viewed from the outside, 4-3.3 Signs Prohibited The following Signs shall be erpressly prohibited in all zoning dis- tricta, any contrary provisions or implications of this ordinance notwith- standing: a) Any sign, all or any portion of which is set in motion by movement, including pennants, banners, or Bags, except official flags of nations or administrative or political subdivisions thereof, and except for temporary signs and for flags for historically or archi- tscturally designated properties in the OR-1 District as provided in Seciton 4- 3.11 Schedule of Sign Regulations. b) Any display lighting by strings of ligbts, including lights which outline any part of a building or which are affixed to any ornamental portion thereof, except temporary traditional decorations for Christmas or other recognized holidays. c) Any sign which contains the words "Danger" or "Stop", or other- wise presents or implies the need or requirement of stopping or caution, or which is an imitaion of, or is likely to be confused with, any sign customarily displayed by a public authority. d) Any sign which infringes upon the area of visibility required on a corner lot pursuant to Section 4-4.6(5) of this e) Any sign which obstructs any window, foot, fire escape, stairway, ladder, or other opening intended to provide light, air, or egress from any building. f) Any sign or lighting which casts direct ligbt or glare upon any prop- erty in a residential or office residential district. g) Any portable sign, including any sign displayed on a stored vehicle, except for a display of temporary polit- ical signs. h) Any sign wbicb obstructs the rea- sonable visibility of a sign maintained by a public aushority, or which other- wise distracts attention from such i) Any sign or sign structure involv- ing the use of moHon pictures or pro- tected photographic scenes or images. j) Any sign attached to public or private utility poles, signs or other appurtenances, including trees, located in the public right-of-way. k) Roof signs as defined in 4-3.2 of this ordinance. 4-3.4 Permits Required Unless otherwise provided by this Ordinance, all signs shall require per- mits and payments of fees as estab- fished through Building Services Division. 4-3.3 Exempted Signs The following types of signs are exempted from the requirements of this Ordinance: a) Holiday or special events deco- rations. b) Name plates of two (2) square feet or less provided that in reslden- rial districts or on residential structures only name and address may comprise the nameplate. c) Political signs displayed not more than four (4) weeks prior to the gnv- ernmental election to which they apply, and removed within ten days of such election. d) Public signs or notices, public ser- vice information signs, or any sign relating to an emergency. e) Real estate signs advertising the s~le or lease of premises provided not more than 2 signs of less than 12 square feet/sign shall be allowed per premise. Ali such real estate signs shall be less than 4' in height if free standing or below tbe eave or parapet if wall mounted. f) Window signs (interior only), pro- vided that required liglit is not reduced beyond the limits established in the Special Session March 18, 1985 185 Buiding Code. g) Commemorative signs. h) Temporary construction signs. 4-3.6 Discontinued or Abandoned Signs Signs which are not properly main- mined as determined by the Building Official, or which advertise a use which has been abandoned or discontinued shall be removed by the property owner within 90 days after abandon- ment of the principal use or may there- after be removed by the Building Official with such removal expense charged to the property owner. 4-3.7 Sign Contractor's License. See City of Dubuque Sign Code. 4-3.8 Non-Conforming Signs Any sign which becomes a non-con- forming sign on tbe effective date of this Ordinance or which becomes a non-conforming sign at any future date shall be regulated according to the rules setforth in Section 4-6 of this Ordinance; provided further that no alteration, improvement or other change may be made to such non-con- forming sign. In the event that such non-conforming sign shall be removed or if the use to which the non-con- forming sign pertains is changed, any replacement sign shall be made to con- form to the maximum area, number, alhi~vable structure type, projection, height, lighting, and motion require- ments for signs otherwise permitted in the zoning district. 4-3.9 Temporary Signs Temperary signs may be erected and maintained in accordance with tt fol- lowing provisions: 1) General Conditions. a) Certificate and Fee Required. No persons shall erect, alter or relo- cate any temporary sign except for real estate and political signs without first making application, submitting a fee as specified in Section 7 of this Ordinance, and obtaining a temporary sign certifi- cate from the Building Commissioner. b) Limit on Number of Certifi- cutes. No more than four (4) certifi- cutes for temporary signs shall be issued for the same zoning lot in one calendar year. c) Materials and Methods. The Building Official shall impose as a con- dition of the issuance of certificate, such requirements as to material and sa~w to assure the safety and conve- nience of the public. d) Sign Types. Temporary signs shall be non-projecting building signs or free-standing signs as defined herein, except that in the case of temporary business signs and quasi-public signs; pennants, banners, inflatable signs, and flags may be utilized. e) Number, Area, Height, and Location. The permitted number, area, height and location of temporary sig~m shall be detemtined by the Build- lng Official with consideration given to public safety and the signage reason- ably necessary and appropriate for the intended purpose. 2) Quasi-Public Signs, giving notice of events and activities spon- sored by recognized civic, patriotic, religious or charitable organizations for non-commercial purposes, subject to the following: a) Location. Quasi-public signs may be located on or off of the premises where she event is taking place pro- vided permission is given by the owner of the property. Such signs shall not project beyond any lot line, b) Timing. Quasi-public signs shall not be erected or maintained more than thirty (30) days prior to the date on which the event advertised is to occur and shall be removed immedia- tely after the termination of the event. 3) Temporary Business Signs, calling attention to a special, unique or limited activity, service or product or sale of limited duration, as follows: a) Location. Temporary business signs shall be located only on the lot upon which the ~pecial activity is to occur. Such signs shall not project over any lot line. b) Timing. Temporary business signs shall be erected and maintained for a period not to exceed thirty (30) days, at the expiration of which the certificate holder shall immediately remove such temporary sign. 4-3.10 Sign Calculations A. On-Premise Sign Area: 1) Single Panel: The area of a sin- gle panel sign shah be measured within a single continuous perimeter enclosing the extreme lhnits of a sign panel, and m no case passing through or between any adjacent elements of the same; however, such perimeter shall not include structural elements or supports outside the limits of such sign and not forming an integral part of the display. The gross area of a sign composed of separate letters, symbols or words attached directly te an architectural facade shall be measured as the area enclosed by straight lines drawn closest to copy extremities encompassing indi- vidual symbols or wo~s. 2) Double-Faced (or Panel): Same as sihgle panel except that a double 186 Special Session March 18,1985 faced si~n shall only count one (1) face or panel for area determination. 3) Multiple-Faced (or Panel): Same as single panel except that only one (1) face or panel shall be counted for area determination and each face or panel shall be reduced in area by twenty (20) percent. B. Off-Premise Sign Area: The area of off-premise signs shall be mea- sured in the same manner as on-prem- ise signs, except for off-premise signs that have "add-ons" or embellishments to the principal sign panel then each additional "add-on" shall be calculated separately for its area and added to the principal sign panel. However, in no case shall the total area of the principal sign panel when added to the "add-ons" exceed the maximum sign area provided within the district in which it is located. C. Sign Number: The number of signs shall be calculated by the num- bet of permitted signs displayed on a premise. 1) Single Panel: Each integral structural unit displaying a unified i~fformational content shall be counted as one sign. 2) Double-Faced (or Panel): A double faced or paneled sign meeting the same requirements of a single panel sign m~d supported on a single struc- ture shall be counted as one 3) Multiple-Faced (or Paneled): Multiple-faced or paneled signs, including v-shaped signs, meeting the same requirements of a single panel sign and supported on a single struc- ture shall be counted as one sign. D. Signs on Multiple Frontage Lots: Zoning lots which have separate frontages on more than one street, including through lots and corner lots, simll not display signs along any one sweet frontage in excess of the maxi- mum area and ma~'num number per- mitted for flint frontage alone. Each frontage is to be considered separa- tely. 4-3.11 SCHEDULE OF SIGN REGULATIONS Special Session, March 18, 19~5 4-3.11 SCHEDULE OF SIGN REGULATIONS 187 188 Special Session, March 18, 1985 4-3.11 SCHEDULE OF SIGN REGULATIONS Special Session, March 18,1985 189 4-3.11 SCHEDULE OF SIGN REGULATIONS 190 Special Session, March 18, 1985 4-3.11 SCHEDULE OF SIGN REGULATIONS Special Sessio~ 4-4 SITE PLAN REVIEW PROVI- SIONS 4-4.1 Intent: The site plan review provisions of this section are intended to promote functional and aesthetic design of property development within the City. These provisions are ir~tended to allevi- ate the potentially harmful effects on adjoining land of new development. Such provisions can produce site plans that respect their enviromnental, land use trod economic context. Regulations of this Section should ensure that new structures, utilities, streets, parking, circulation systems yards and open spaces are designed in the most effi- cient, attractive and harmonious man- 4-4.2 Application and Scope: No building permit or occupancy permit shall be issued, and no con- struction, grading or other land devel- opment activity listed below may be commenced on property unless a Site Plan has been submitted and approved for such activity as set forth in this Section. Development activities subject to the requirements of this Section may hereafter be carried out only in sub- stantial conformance with the approved Site Plan and any conditions or restrictions attached thereto. Any substantial deviation from the approved Site Plan, unless approved in advance by the City Planner, shall be deemed a violation of this Ordinance. Development Activities Subject to Site Plan Review 1) Construction or expansion of any building structure or freestanding sign except single-family detached dwell- ings, duplexes, townhouses of not more than two units and permitted accessory structures to a single-family dwelling or duplex, however, driveways to said aingle-family and duplex dwell- ings shall be paved with a hard sur- 2) Any change, alteration, or modi- fication in a structure or use which would require the provision of addi- tional off-street parking spaces addi- tional lot area, or other substantial change in zoning requirements appli- cable to such structure or use. 3) The construction or creation of any parking lot or the expansion of any existing parking lot. 4-4.3 Administrative Waiver of Site Plan Review -- When Permitted: Tbe City Development Planner may waive the requirements for Site Plan review for any development activity , March 18, 1985 191 within the scope of Section 4-4.2 where he/she reasonably believes that such a waiver will not adversely affect the purposes and intent of tbls Ordinance. 4-4.4 Contents of Site Plan -- Graphic: The Site Plan shall include one or ~nore appropriately scaled maps or drawings of the property clearly and accurately indicating the following: 1) Complete property dimensions; 2) The location, grade, and dimen- sions of all present and/or proposed streets or other paved surfaces and engineering cross-sections of proposed new curbs and pavement; 3) Complete parking and traffic cir- culation plan, if applicable, showing location and dimensions of parking stalls, dividers, planters or shnilar per- manent improvements; perimeter screening treatment, including land- scaping; 4) Location and full dimensions of all buildings or major structures, both proposed and existing, showing exterior dimensions, number and area of floors, location, number and type of dwelling units, height of building(s); 5) Existing and proposed contours of the property taken at regular contour intervals not to exceed five (5) feet, or two (2) feet if the City Planner deter- mines that greater contour detail is necessary to satisfactorily make the determinations required by this Ordi- 6) The general nature, location, and size of all siguificant existing natural land features~ including but not limited to sidewalks or paths, tree or bush masses, all individual trees over four (4) inches in diameter, grassed areas, surface rock and/or soil features, and all springs, streams, or other penna- nent or temporary bodies of water; 7) A locational map or other draw- lng at appropriate scale showing the- general location and relation of the property to surrounding areas, inchid- lng, where relevant, the zoning and land use pattern of adjacent properties, the existing street system in the area and location of nearby public faciH- ties; 8) Adilitional graphic information as may be required by the City Planner or other City Agencies to make deter- minations requh'ed by this Ordinance. 4-4.5 Contents of Site Plan -- Writ- tonl All Site Plans shah include a report or narrative containing the fbllowing: 1) Legal description and address of the property. 192 Special Session March 18, 1985 2) Name, address, and phone num- ber(s) of the property owner(s). 3) Name, address and phone num- bet(s) of the developer(s) or contrac- tot(s), if different than the owner(s). 4) Proposed use(s) for aH non-resi- dential buildings or structures. 5) Data clearly identifying the fol- lowing: total number and type(s) of dwelling units on the property; num- ber and type of aH structures or build- ings, whether residential or non- residential; total area of the property; number of dwelling units per acre; total floor area of each building. 6) Proposed landscaping schedule indicating plant types, number and thning for installation. 7) Proposed construction schedule of all structures and physical improve- ments indicating the timing and sequence of each major structure and improvement. 8) Pre~ent zouing classification(s) of the property. 9) Present and proposed type and number of parking spaces on the prop- erty. 4-4.6 Site Development Standards: 1) The Site Plan must show that a reasonable effort has been made to conserve and protect those natural characteristics that are of some last- ing benefit to the site, its environs and the community at large. 2) Slopes which exceed ten percent (10%) shah be protected by appropri- ate measures against erosion, run-off, unstable soil, trees and rocks. Measures shall be taken to stabilize the land sur- face from unnecessary disruption. The Soil Conservation Service shall be con- suited for soil erosion control practices and allowable soil loss as permitted by the State of Iowa. Said erosion control and soil loss limitations shah be the responsiblity of the property owner. 3) All outside rubbish, storage, and garbage areas shall be permanently screened from view to a height of at least six (6) feet and so constructed as to prevent accidental dispersal of the material contained therein. 4) The placement of bnildings, struc- tures, fences, lighting and fixtures on each site shall not interfere with traffic 4-4.7 Parking Lot Design Stan- dards' circulation, safety, appropriate use and enjoyment of adjacent properties. 5) On any corner lot a visibility triangle shall be provided in which nothing shall be erected, placed, planted or allowed to grow as to mate- rially impede vision from within motor vehicles, between a height of two feet (2') and eight feet (8') above the aver- age grades of the intersecting property lines, in the area bounded by said lines, and a line joining the points of such property llne~ at a distance of ton feet (10') from the intersection. Visibility triangles shall also be pro- vided at any vehicular access to a pub- lic way, except for any single-family detached dwellings, duplexes, and shall be taken at the intersection of the front property and the edges of a driveway. 6) Adequate illumination shall be provided to parking lots, sidewalks and other areas for vetdcular and pedes- trian circulation. In no case shall illu- minating devices be placed above fifteen (15) feet in height in a reeiden- tim district. 7) Afl parking spaces shall he clearly marked in accordance with 4~4.7 Park- ing Lot Design Standards, Signs apd pavement markings shah be used ~as appropriate to control traffic access m~d egress. 8) All areas designed for vehicular use shah be paved with a minimum of either an eight inch (8") rolled stone base and two and one-half inch (2 1/2") asphaltic concrete mat, a six inch (6") Portland cement concrete pave- approved by the City. The paving sur- face must be so designed and main- rained as to allow prompt and effective drainage of natural precipitation. No water drainage across sidewalks shall be allowed. 9) Wherever reasonably practical aH including but not limited to water, sewer, natural gas, electrical and tole- phone lines shall be placed under- ground. MOd. Width 53' 60' 62' { ) = Stall Depth for Overlap at Center Island Special Session, March 18, 1985 193 4-4.7 Parking Lot Design Stan- dards: Stall Depth I ~Width Mod. Width Design Stall = 8' x 16' Stall Depth for Overlap at Center Island 5D' 52' 53' 60' ,*ti 194 Special Session, March 18, 1985 Special Session, March 18, 1985 195 4-4.7 Parking Lot Design Stan- da~ds: 4-4.8 Required Procedures for Site Plan Revlew: 1) Applicants for Site Plan review shall m~et w~th the City Planner or ]Us/her designee prior to submission of a Site Plan. The purpose of this meet- ing is to acquaint the applicant with site development standards and proce- dures. This meeting shall also serve to allow the applicant to present the scope and nature of the proposed project to the City Planner. 2) Following the initial meeting with the City Planner or his/her designee, the applicant may suhinit a completed Site Plan for review. At least four copies are required of all Site Plan sheets, drawings and written informa- tion. The City Planner shall submit one (1) copy to the City Engineer and one (1) copy to the Zoning Administra- tor for their permanent records. 3) Within fourteen (14) working days of receiving a Site Plan the City Plan- ner or his/her designee shall notify the applicant of any approval, conditional approval or disapproval. In cases of conditional approval or disapproval, written notification shall be given for the reasons of such action. In those 196 Special Session, March 18, 1985 Site Plans which propose the construc- tion of new streets, driveways, curb cuts and other paved surfaces devoted to vehicular use, the City Planner shall first obtain the advice and comment of the City Engineer prior to any action. 4) The City Planner shall review the Site Plan for consistency with City planning policies and objectives and compliance with zoning regulations and standards. Development activity shall not commence until the Site Plan is approved. 5) One (i) copy of the approved Site Plan shall be returned to the appli- cant. One (1) copy of the approved Site Plan shall remain in the records of the City Planner. 4-4.9 Appeal Procedure: The Site Plan review applicant, any aggrieved citizen, or any two (2) mem- bets of the Planning Commission may upon notice appeal in whole or in part any determination or decision of the City Planner made within the scope of this Section, including a decision to waive Site Plan review made pursuant to Section 4-4.3. Appeal is without cost and shaft be made by delivery of writ- ten notification of the appeal to the Planning Department within the fif- teen (15) days immediately following the decision or determination from which appeal is sought. The Planning Commission shall review ali appeals, and to that end shall have all the powers and duties of the City Planner relative to Site Plan review. The affirmative vote of at least four (4) Commissioners shaft be neces- sexy to affirm, overturn, or modify the dsciE~on from which appeal is sought. At the Commission meeting, the appealing party or parties and all other interested parties shall be presented a reasonable opportunity to present thCrr views. Following the appeals hearing, the Commission must take action no Later than the next regularly scheduled Comr~ion meeting. A failure to act within such period shall have the effect of affirming the determinationfrom which appeal has been made. Decisions of the Planning and Zoning Commis- sion may be appealed to the Board of Adjustment in the same manner as appeals from a decision of an adminis- ixaf~ve officer. 4-5 LANDSCAPING AND SCREEN- lNG REQUIREMENTS 4-5.1 Intent: The landscaping and screening requirements of this Section are intended to promote attractive and harmonious growth of the City. Land- scaping is a fundamental component of property development. These provi- sions are intended to preserve and et~mnce property values by ensuring that yards, open spaces, parking lots and public rights-of-way are designed and maintained with respect to plants and landscape materials. This Section also intends that property development should respect land capabilities and constraints, minimize erosion and destruction of natural amenities and reduce conflicts between land and 4-5.2 Application and Scope: No new structure, building or park- lng lot shall be constructed unless in compliance with the landscape and screening standards of this Section. 4-5.3 Landscape Area Require- 1) Single-family and two-family dwellings shah maintain a minimum of twenty percent (20%) of lot area as a permeable and uncovered surface ~hat contains living material. Single- family and two-family dwellings shah be exempt from other requirements of this Section. 2) Aft other uses shah provide and maintain a landscaped area that equals or exceeds the greater area of the fol- lowing: REQUIRED AREA: a) 20% of Building Coverage DEFINITION: The area contained within a measurement of the exterior dimension of any building or structure at grade level, plus any hardsurfaced area not associated with pedestrian access or egress from a Vehicular Use Area; or REQUIRED AREA: b) 20% of Vehicular Use Area (VUA) DEFINITION: The area includes those hardsurfuced areas devoted to the circulation, loading, parking and storage of vehicles as defined by this ordinance. This area shall also include all hardsurfaced paths or walks de- voted to the access or egress of per- so~s using the VUA and other VUA's on the property. Areas under roof or permanent canopy shall not be included in this total. Such areas whether used regularly or occasionally for vehicle storage are not, for the pur- poses of this Section, to be calculated as Vehicular Use Area or REQUIRED AREA: c) 10% of the combined Building Coverage and Vehicular Use Area 4-5.4 Screening Requirements: 1) Aft parking areas abutting a real- dential district or public right-of-way shall be screened from grade level to a height not less than three feet Special Sessioo March 18, 1985 197 (3'0"). 2) All commercial and industrial uses that abut residential, office, or institu- tlanal districts, shall maintain screen- ing not less than six feet (6'0") along the abutting property line or lines. 3) Screening required by this Ordi- nance shall be equivalent to the fni- lowing: a) Fences with at least fifty percent (50%) opaque constxuction; or 4-5.5 Landscaping and Screening Standards: b) Hedges, shrubs or evergreen tsees of at least thirty percent (30~) opacity at the time of installation and fifty percent (50%) opacity maintained within three years of installation; or c) Berms or graded slopes of not less than three feet (3'0") of mean height. Such berms or graded slopes shall con- tain at least fifty percent (50%) living material. 198 Special Session, March 18, 1985 Special Session March 18,1985 199 4~5.6 Maintenance of I~ndscsping and Screening: 1) All required landscaping shah be maintained in proper condition. When replacement is necessary ali plants and other nonliving landscape materials shall be equal in size, density and appearance to those items requir- ing replacement. 2) All required screening and fencing shall be maintained and, whenever necessary, replaced with materials that provide equivalent size, density and appearance. 4-6 Non-Conformities in General Within the zoning districts estab- lished by tins ordinance or its subse- quent amendment, there exist a)lots; b) structures; c) uses of land; d) uses of structures; e) uses of land and structures in combination; and f) char- actetistics of use, winch were lawful before this ordinance was adopted or amended, but which would now be prohibited, regulated or restricted under the terms of this ordinance or its subsequent amendment. Such instances shall hereafter be considered lawful non-conformities. 4-6.1 General Statement of Intent: It is the intent of tins ordinance to rec- ognize the legitimate interests of owners of lawful non-conformities by allowing such lawful non-conformities to continue, subject to the provisions contained herein. At the same time, it is recognized that lawful non-confor- mities may substantially and adversely affect the orderly development, main- tenance, use and taxable value of other property in the same zoning district, property that is itself subject to the regulations and terms of this ordi- nance. In order to secure eventual compliance with the City's comprehen- sive plan and with the standards of this ordinance, it is therefore necessary to carefully regulate lawful non-con- fortuities and to proinbit the re-estab- lishment of such non-conformities that have been discontinued. To avoid undue hardship, nothing in this ordinance shall be deemed to require a change in the plans, con- A structlon, or demgnated use of any building on which actual constrdction was lawfully began prior to the adop- tion or amendment of tins ordinance and upon winch actual building con- struction has been carried on dili- gently. "Actual bnildfug construction" is hereby defined to include the place- ment of construction materials in per- manent position and fastened in a permanent manner. 4-6.2 Lawful Non-Conformities A. Lots: Any lot having insufficient area, width or depth for the zoning district in winch it is located, front- age on an improved public street or an improved private street of a planned district, or any combination thereof, shall be considered a lawful non-conforming lot only if it was law- fully platted, recorded and on file in the office of the Dubuque County /recorder prior to the adoption of this ordinance. On any single lawful non- conforming lot wltinn a zoning district winch permits single family detached residential dwellings, one such dwelling may be constructed by right, provided (hat setbacks (yards), height, lot cover- age and off-street parking requirements of the zo~fing district within which the parcel is located are complied with, and all appropriate permits are obtained prior to any construction activity. Two or more lawful non-conforming lots that are contiguous and held in single ownership shall, for the purposes of this ordinance be considered a zon- lng lot (or undivided parcel). Such multiple lots shah be used in combina- tion until the minimum lot require- mentsfor the permitted use intended are provided for witinn the zoning dis~ trict in winch such lots are located, or they shall be repintted to conform with the terms of tins ordinance. Further, no zoning lot or portion thereof shall be used or sold in a manner winch will increase its degree of non-conformity. B. Structures: Structures that were lawfully constructed prior to the adop- tion of this ordinance but which could not be constructed under the terms of this ordinance by reason of restrictions on area, lot coverage, height, setbacks (yards), location on the lot or other requirements concerning structures, shall hereafter be considered lawful non-conforming structures. As such they may continue to exist so long as they remain otherwise lawful, provided that no reconstruction, enlargement or alteration of said s~uctures shah occur that will increase their nonconformity except as provided for in Section 4-6.5 of this ordinance. However, any lawful non-conforming structure or portion thereof may be altered to reduce its non-conformity. C. Uses: 1) Uses of Land: Any use of land, or use of land winch involves no indi- vidual structure with a replacement value exceeding one thousand dollars ($1,000) winch would not be permitted under the terms of tins ordinance but was lawfully existing at the time of the adoption of tins ordinance shall hereafter be conE~dered a lawful non- conforming use of land. As such it may be continued so long as it remains oth- erwise lawful and provided that no eninrgement, increase or extension of the lawful non-conforming use of land occurs so that a greater area of land is occupied than was occupied at the time of the adoption of this ordinance, and that no additional structures or additions to stsuctures existing at the time of the adoption of this ordinance shah be constructed on the same zon- fug lot. Fl~rther, no such lawful non- conforming use of land shah be moved or relocated in whole or in part to any other portion of the zoning lot on which it is located than that portion occupied at the U~rae of the adoption of tins ordinance. If any lawful non- conforming use of land ceases for any reason for a period of more than ninety (90) consecutive days, any sub- sequent use of such land shall conform te the terms of tins prdinance. 2) Uses of Structures: Any use of a structure with a replacement cost of one thousand dollars ($1,000) or more winch would not be permitted under the terms of tins ordinance but was inwfully existing at the time of the adoption of this ordinance shall here- after be considered a lawful non-con- forming use of that structure. As such it may be continued so long as it remains otherwise lawful and provided that the structure in winch the lawful non.conforming use is located shall not be enlarged, extended, constructed, re- constructed, moved, relocated or stsuc- turally altered except fu changing the use to a permitted use in the district in winch it is located or as otherwise pro- vided for in tins ordinance. However, a lawful non-conforming use of a struc- ture may be extended throughout any parts of the structure in which it is located where said structure or parts thereof were manifestly arranged or designed for such use at the time of the adoption of tins ordinance, but no law- ful non-conforming use of a structure shall be extended to occupy any land outside such structure. If any lawful non-conforming use of a stucture is discontinued for any reason for a period of one (1) year, (except when government action impedes access to the premises), such structure shall only thereafter be used in conformity with the terms of tins ordinance. 3) Uses of Land and Structures in Combination: Any use of land in combination with a stsucture with a replacement cost of more thau one thousand dollars ($1,000) which wouhl not be permitted under the terms of this ordinance but was lawfully exist- lng at the thne of the adoption of this ordinance shall hereafter be considered a lawful non-conforming use of land and structure in combination. As such it may continue so long as it remains otherwise lawful and provided that the provisions of Section 4-6.2(C) of this ordinance are complied with. 4) Characteristics of Use: When an otherwise lawful existing use is per- mitred generally in any given zoning district but where, due to the adop- tion of this ordinance, required off- street parking, paving of parking area, landscaping, screening, and ~mailar reg- utstions are not provided, such deft- 200 Special Session March 18,1985 ciensies attributable to the use shall be considered lawful non-conforming characteristics of such use. Said deft- ciencies shall be brought into confor- mance when the use they are attributable to is expanded, enlarged or the intensity is increased, even though the use itself is permitted generally. 4-6.3 Change from One Non-Con- forming Use to Another: One exist- lng lawful non-conforming use of a structure may be changed to one other non-conforming use of the same struc- ture provided that: 1) The proposed use is no more intensive than the existing use; 2) the proposed use occupies no more area of the structure than the existing use; 3) the proposeff use requires no more off-street parking than the existing use; 4) a Conditional Use Permit has been granted as provided in Section 5- 3.3 of this ordinance except that exist- lng lawful non-conforming uses of a structure that changeowners but continue~e same'use shall be permitted to do so provided tliat an agreement is signed by the new owner and kept on file in the Office of Devel- opment Services stating that the new owner agrees to all conditions placed on the previous owner and use(s) of the structure. All siguage for the existing use shall be removed and all signage for the proposed use shall conform to the underlying district in which it is located as provided in Section 4-3 of this ordinance except that where sig- nage is prohibited then one (1) wall mounted sigu of a maximum area of 40 square feet shall be permitted and the proposed use otherwise complies with the terms of this ordinance and a Conditional Use Permit has first been obtained before any change or conver- sion is commenced. 4-6.4 Lawful Non-Conforming Uses Superseded: Anywixere a lawful non- conforming use is superseded by a per- mitted use, such lawful non-conform- lng use shall not thereafter be 4-6.5 Expansion of Certain Lawful Non-Conformities: Certain lawful non-conformities may be expanded provided that: 1) They are either a residential dwelling in a Zoning District other than residential, or a commercial use allowed as a permitted or conditional use in one com~nercial zoning district but located in a different commercial z~ning district where such use is not provided for; and 2) the current capital investment in buildings, structures, or other facilities of the non-conforming use or other evidence is substantial enough to indi- cate that such use is likely to be main- tained on the property for the forseeable future; and 3) the continuance thereof will not be contrary to the public health, safety, welfare or the spirit of this ordi- nance; and 4) the use and its proposed expan- sion do not and are not likely to sig- nificantly depress the value of nearby properties; and 5) no useful purpose would be served by strict application of the provisions or requirements of this ordinance with which the use does not conform; and 6) the aggregate extent of the expan- sion does not exceed twenty-five per- cent (25%) of the gross floor area of the building devoted to the non-con- forming use and such expansion shall comply with the schedule of district regulations in the district in which it is located; and 7) the public will receive some ben; efit from the proposed expansion through improve~nent of conditions on the property including but not limited to upgrading the appearance of the premises, removal of non-conforming signs, and addition of off-street parking and loading facilities. In authorizing a Conditional Use Permit for the expansion of a non-con- forming use of a structure or of a structure m~d premises the Board of Zoning Adjustment shall follow the application, notice and public hearing provisions set forth in Section 5-3.3. The Board shall impose conditions of approval to assure that the expanded non-conforming use does not become contrary to the public health, safety or welfare or the spirit and purpose of this ordinance. No vested interest shall arise out of the approval of a Conditional Use Per- mit pursuant to this section. 4-6.6 Reconstruction of Certain Lawful Non-Conforming Struc- tures: Should any lawful non-con- forming structure be destroyed by any means to an extent of more than sev- enty-five percent (75%) of its replace- ment cost at the time of destruction, it may only be reconstructed in confor- mance with the provisions of this ordi- nance; except that lawful non-conforming structures that are single family detached dwellings, Special Session March 18, 1985 201 duplexes or town houses of not more than two (2) laterally attached single family dwellings, or multi-family dwell- ings/townhouses not exceeding four (4) units may be reconstructed to their former condition, dimensions and loca- tion on the lot p~ovided that the destruction was caused by an accident or act of God occurring after the adop- tion of this ordinance and such recon- struction does not increase the degree of non-conformity that existed prior to destruction. 4-6.7 Prohibition on the Re-Estab- lishment of Non-Conforming Uses and Structures in Combination: Where non-conforming status applies to a use and structure in combination, the removal or destruction of the structure by more than seventy-five percent (75%) of its replacement cost at the time of destruction shall pro-. hibit the re-establishment of the non- conforming use in any case. 4-7 Home Occupations 4-7.1 General Provision: A. Home occupations sim]l be per- mitted as accessory uses within prin- cipal residential dwellings provided they meet the following provisions and the requirements of the district in which located. A home occupation shall not be permitted that: 1) Changes the outside appearance of the dwelling or is visable from the street; 2) generates traffic, parking, sewer- age or water use in excess of what is normal in the residential neighbor- liood; 3) creates a hazard to person or property, results in electrical interfer- 4) results in outside storage or dis- play of any kind; 5) employees other than self or fam- ily members residing on the premises; 6) occupies more than twenty-five percent (25%) of the total floor area of the dwelling uait; 7) requires deliveries ~)f nmteriais to and from the premises involving the use of vehicles over two (2) ton capac- ity, except parcel post or similar parcel service vehicles; 8) produces noise, vibration, smoke, odors, heat or glare as a result of a home occupation which would exceed that normally produced by a single res- idence as determined by the City Plan- 9) advertises using other than nauru, phone number and post office box. B. Customer and client contact shall be primarily by telephone or mail and not on the premises of the home occu- pation, except those home occupations such as tutoring, teaching, babysitting or personal services which cannot be conducted without personal contact and as permitted li~ the following sec- C. Services or sales conducted on the premises shall be by appointment only and shall not be oriented toward, or attract, off-the-street customer or cli- ent traffic. 4-7.2 Permitted Home Occupations: The following are permitted home occupations: a) dress making, sewing and tailor- lng b) painting, sculpturing and writing c) telephone answering d) home crafts e) tutoring limited to four (4) per- sons at one time 0 home cooking and preserving g) computer programming h) art studio i) babysitting for up to six (6) chil- dren at one time j) teaching limited to four (4) per- sons at one time k) cake decorating 1) income tax preparations m) mailing services n) insurance sales persons o) ceran~ics p) typist/stenographer q) film processing r) home products distributors s) consultant services 4-7.3 Prohibited Home Occupa- tions: The following uses shall be spe- cifically prohibited as home occupations: a) barber and beauty shops b) automobile repair except that an individual residing on the premises may service his or her own vehicle pro- viding that the provisions of Section 4- 7.1 are met and that no repairs shall take place between the hours of 9:00 p.m. to 9:00 a.m. c) antique/furniture refinishing for for the general public d) any use listed as office or com- mercial uses permitted in other dis- tricts 4-7.4 Home Occupations as Condi- tional Uses: Any proposed occupation not specifically permitted by Section 4-7.2 or specifically prohibited by Sec- tion 4-7.3 shall be considered a condi- tional use and be granted or denied by the Board of Adjustment upon finding that the proposed home occupation can meet the provisions of Section 4- 202 Special Session, March 18, 1985 Special Session March 18, 1985 203 7.1. 4-8 Adult Entertainment Require- ments and Definitions 4-8.1 General Statement of Intent: The special provisions of tins Section are intended to regulate the location of adult entertainment establishments asl herein defined, by specifying districts in winch such uses may be permitted and requirements for spatial separation of such uses. Notinng in this ordinance shall be construed or interpreted to permit adrfit entertainment in areas other than those set forth herein. Adult entertainment estabHshmente are hereby acknowledged to have ape- eiai characteristics and impacts upon their surroundings, and upon the use and enjoyment of adjacent property. It is the intent of these regulations to provide for the confinement of adult entertainment establishments to those Commercial and Industrial areas in which these special impacts are judged to be least disruptive to the use and enjoyment of adjacent properties. These regulatens are further intended to require that adult entertainment establishments shall not be permitted to locate in such concentration that their operational features may estab- lish the dominant character of any Commercial or Industrial area. These regulations are further intended to protect and balance lawful rights of expression with other lawful rights to the enjoyment and use of property, and are made with full con- siderallon of the legal and constitu- tionalissues heretofore adjudicated. The provisions of this section shaft govern the location and spatial sepa- ration of adult entertainment estab- lishments in Commercial Districts and Industrial Districts, and no such regu- lated use, as defined, may be permitted except in conformance with these pro- visions. 4-8,2 Definitions: The following deft- nitiolm shall govern the interpretation of tins Section: 1) Adult Entertainment Estab- llshments: An establishment having as a substantial or siguificant portion of its business the offering of entertain- ment, stocks in trade of matertals, scenes or other presentations charac- terized by emphasis on depiction or description of"Specified Sexual Actlvi- ties" or "Specified Anatomical Areas", as herein defined. 2) Adult Book Store: An establish- ment having as a substantial or cig- nificant portion of its stock in trade, beaks, magazines, and other periodicals winch are distinguished or character- ized by their emphasis on matter depicting, describing or relating to "Specified Sexual Activities" or "Spe- cified Anatomical Areas", (as defined below), or an establishment or section devoted to the sale or display of such meterial. 3) Adult Motion Picture Theater: An enclosed building with a capacity of 50 or more persons used for pre- senthig material distinguished or char- acterized by an emphasis on matter depicting, describing or relating to "Specified Sexual Activities" or cified Anatomical Areas", (as defined below) for observation by patrons therein. 4) Adult Mini Motion Picture Theater: An enclosed building with a capacity for less than 50 persons used for presenting material distinguished or characterized by an emphasis on mat- ter depicting, descalbing or relating to "Specified Sexual Activities" or "Spe- cified Anatomical Areas" (as defined below), for observation by patrons therein. 5) Specified Sexual Activities: a) Human genitals in a state of sex- ual stimulation or arousal; b) Acts of human masturbation, sex- ual intercourse or sodomy; c) Fondling or other erotic touchP ing of human genitals, pubic region, buttock or female breast. 6) Specified Anatomical Areas: a) Less than completely and opaquely covered 1) human genitals, pubic region; 2) buttock; and 3) female breast below a point immediately above the top of the areola; and b) Human male genitals in a dis- cerniiny turgid state, even if comple- teiy and opaquely covered. 4-8.g Regulations Governing the Location and Spatial Separation of Adult Entertainment Establish- merits: Adult entertainment establish- ments, and including adult book steres, adult motion picture theaters, and adult mini-motion picture theaters, as herein defined are hereby declared to be regulated uses according to this ordinance and their location and spa- tial separation shall be governed by rules as follows: 1) Adult entertainment may be established witinn a Commercial Zon- ing District or any Industrial Zoning District but not within one thousand two-hundred feet (1,200') of any Resi- dential or Institutional Zoning Dis- trlct. 2) No adult entertainment use shall be allowed within five hundred feet (500') of any other adult entertainment 4-9 Maximum Front Yard Setback Established for Residential Dis- tricte 4-9.1 Statement of Intent: In order to preserve the visual continuity and harmony of existing and developing residential areas, a maximum front yard setback is hereby established. 4-9.2 Maximum Front Yard Requirements: For any single family detached and two-family residential structure witinn R-1 through R-3 zon- hag districts the maximum front yard setback allowable shah be calculated by doubling the required minimum front yard setback, according to the street classification witinn the specific district in winch located, except that within PR, Planned Residential Dis- tricte, a maximum front yard setback, if any, shah be established in the spe- cific ordinance relating thereto. SECTION 5 ADMINISTRATION AND ENFORCEMENT 5-1 Enforcement, Violations and Penalties A. Enforcement: The provisions of this Ordinance shah be administered and enforced by the Zoning Adminis- trator designated by the City Man- ager. B. Violations and Penalties: 1) Complaints Regarding Viola- lions: Whenever a violation of this ordinance occurs or is alleged to have occurred, any person may file a com- plaint of such alleged violation with the Zoning Administrator stating fully the facts or grounds upon winch the complaint is based. The Zoning Administrator shall prbmptly record and investigate such complaint and take appropriate action as provided by this ordinance. 2) Enforcement Procedure; Orders or Directives: Whenever the Zoning Admiuistrater finds that any of the provisions of this ordinance are being violated, he shall promptly notify in writing both the person(s) responsible for such violations and the City Manager, indicating in such notice the nature of the violation and the actions ordered to correct it. Tl~e Zoning AdministraWr shall in all cases take such actions or issue such orders or directives as are authorized by tins ordinance to insure compliance with or to prevent violations of itc provisions. 3) Orders and Directives: In addi- tion to all other powers conferred upon him by this ordinance, the Zoning Administrator shall have the power to issue appropriate written orders or directives to any person deemed to be responsible for a violation of this ordi- nance, as provided above under Sec- tion 5-1 B(2). A failure to promptly comply with such lawful orders or directives shall be deemed a violation of this ordinance, punishable as pro- vided in Article IX. Such orders or directives shall include, but shall not be limited to: orders to discontinue illegal use of land, buildings, or struc- tares; orders to remove illegal buildings or structures, or illegal additions, alterations or structural changes to buildings or structures; orders to dis- continue illegal work or construction or any other appropriate orders to pre- vent or correct violations of this ordi- 5-2 Issuance of Building Permits No building or other structure shall be erected, moved, added to, or steuc- turally altered without a building per- mit therefor, issued by the Building Commissioner, as provided by Ordi- nance 3-75 of the City of Dubuque. However, no such building permit shall be issued by the Building Commis- sioner except in conformity with the provisions of this ordinance, unless he receives a written order from the Board of Adjustment in theigorm of an administrative review, conditional use permit, or variances as provided by this ordinance. 5-3 Zoning Eoard of Adjustment 5-3.1 Establishment of Board: A Zoning Board of Adjustment is hereby established pttrsuant to Chapter 414 of the Code of Iowa 1983. The word "Board" as used in this ordinance shah mean the Zoning Board of Adjust- A. Membership of the Board: The Board shall consist of five (5) mere- hers appointed by the City Council. B. Term of Office: Members of the Board shall be appointed for a term of five years, excepting that when the Board shah first be created, one mem- bet shah be appointed for a term qf five years, one for a term of four years~ one for a term of three years, one for a term of two years, and one for a term of one year. C. Removal: Board members may be removed for cause by the City Council upon written charges and after a public heating. D. Vacancies: Vacancies on the Board shah be filled for the unexpired term of any member whose term becomes vacant. 204 Special Session March 18, 1985 5-3.2 General Procedure A. Meetings: Meetings of the Board shall be held at the call of the chair- man and at such other times as the Board may determine. Sucb chairman, or in his absence, the acting chairman, may adnfinister oaths and compel the attendance of witnesses. All meetings of the Board shall be opefi to the pub- lic. The Board shall keep minutes of its proceedings, showing the vote of each member upon each question, or if absent or failing to vote, indicating such fact, and shall keep records of its exanfinations and other official actions, all of which shah be hnmediately filed in the office of the Board and shall be a public record. The Board may in addition adopt general rules of proce- dure not inconsistent with the provi- sions of this Ordinance. B. Vote of the Board: The con- cerning vote of three members of the Board shall be necessary to reverse any order, requirement, decision or determi- ~mtlon of any admilfistrative official, or to decide in favor of the applicant or any matter upon which it is required to pass under this ordinance, or to effect any variation in such ordinance, or to adopt, repeal, or amend any rule of procedure adopted pursuant to this Section. 5-3.3 General Powers: The Board shall have the following powers: A. Appeals from the Administra- tive Official: To hear and decide appeals where it is alleged there is error in any order, requirement, deci- sion, or determination made by an adn(~aistrative official in the enforce- ment of this ordinance. B. Conditional Uses: To hear and decide applications for Conditional Use Permits upon which such Board is required to pass under this ordinance. C. Variances: To authorize upon appeal in specific cases such variance from the bulk regulation provisions including parking and sign require- ments of the ordinance as will not be contrary to the public interest, where owing to special conditions a literal enforcement of the provisions of the ordinance will result in unnecessary hardship, and so that the spirit of the ordinance shall be observed and sub- stantiai justice done. 5-3.4 Conditional Use Provisions: The Board of Adjustment may allow as Conditional Uses only those uses classified as Conditional Uses in this ordinance. No Conditional Use shall be allowed in a particular district unless such use is specifically permitted as a Conditional Use in the regulations for that district, except as provided in Section 4-6.2(F) of this ordinance, and the Board shall not act upon any con- ditional use permit application unless and until the requirements for each conditional use within the specific dis- trict in which it is located has been met. A. Application: Any person may file an applicaten to use property for one of the Conditional Uses permitted in the district in which the property is located. All applications for a Condi- tional Use Permit shall be made upon the official form for such applications wifich sha[I be available without cost from the Office of Development Ser- vices. A sample copy of the application form is contained in the Appendix to this ordinance. The applicant shall be required to supply ali pertinent items of informafion contained to the review of such application. Review of the application for a Conditional Use Per- mit may be obtained by delivering two (2) copies of the completed application form to the Zoning Administrator together with payment of the required fee as specified in Section 7 of this ordinance. Upon receipt of the com- )leted forms and the required fee, the Zohing Admi~fistrator shall forthwith transmit one (1) copy of the form to the Board of Adjustment, retaining the original form as part of his permanent records. Prior to its review, the Board may require the applicant for a Condi- tional Use Permit to supply any fur- ther information beyond that contained in the application form where it reasonably considers such information necessary to make the determinations required by Section 5~3.4(C) of this ordinance. B. Notice and Hearing Required: Following receipt of the completed application form and any additional informafion required by the Board, the Board shah with due diligence hold a public hearing to consider the applica- tion for a Conditional Use Permit. Notice of the time and place of the )ubHc 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 send notice of the time and place of tile hearing by certi- fied mail to all owners of property within two-hundred fee (200') of the property at which the Conditional Use Permit is sought. At the public hearing all interested ,arties shall be afforded a reasonable Special Session March 18, 1985 205 opportunity to appear and express their views on the application, either in person or by agent. c. Standards for Granting a Con- ditional Use Permit: No Conditional Use Permit shall be granted unless the Board determines on the basis of spe- cific information presented at the pub- lic hearing or contained in the application for such use that each of the following conditions has been satis- fied: 1) The proposed Conditional Use will comply wth ali applicable regula- tions of this ordinance, including lot requirements, bulk regulations, use lim- itations, and all other standards or conditions contained in the provisions authorizing such use. 2) Adequate utility, drainage and other necessary facilities or improve- mente have been or will be provided, 3) Adequate access roads or entrance and exit drives will be provided and will be designed so as to prevent traffic hazards and to minimize traffic con- filets and congestion in public streets and alleys, 4) All necessary permits and licenses required for the operation of the Con- ditional Use have been obtained, or it clearly appears that such permits are obtainable for the proposed Condi- tional Use on the subject property. 5) All exterior lighting fixtures are shaded wherever necessary to avoid casting direct light upon any property located in a residential district. 6) The location and size of the Con- ditionai Use, the nature and intensity of the activities to be involved or con- ducted in connection with it, the size of the site in relation thereto, and the location of the site with respect to streets giving access to the Conditional Use, shall be such that it will be in harmony with the appropriate and orderly development of the district and neighborhood in which it is located. 7) The location, nature and height of buildings, structures, walls, and fences on the site and the nature and extent of landscaping and screening on the site shall be such that the use will not reasonably hinder or discourage the appropriate development, use and enjoyment of the adjacent land, build- ings and structures. 8) The proposed Conditional Use will not cause substantial injury to the value of other property in the neigh- borhood in which it is located and will contribute to and promote the conve- nience and welfare of the public. 9) Additional standards for granting a Conditional Use Permit for a change in non-conforming uses: 'Where an applicant seeks a Condi- tional Use Permit for the purpose of changing from one non-conforming use to another non-conforming use, as pro- vided in Section 4-6.3 of this ordinance, no Conditional Use P-Eermit for such change shall be granted unless and until the Board further determines, in addition to the findings required by this Section, that the proposed non- confonning use is more appropriate to the ptmpese and character of the zone in which it is located than the existing non-conforming use. The granting of any Conditional Use Permit under tiffs subsection shall not be deemed to oth- erwise authorize in the district involved any use not spficifically listed as a Per- mitted or Conditional Use for the dis- trict and the new non-conforming use allowed by the permit shall be subject to all provisions of Section 4-6 of this ordinance to the same degree and extent as the prior non-conforming The Board may solicit the opinion or advice of the Planning and Zoning Commission, its staff, or any other public agency or employee(s) whose advice the Board considers necessary to properly make the determinations required by this Section. However, such advice may not be relied upon in whole or inpart as a basis for the ulti- mate decision to grant, conditionally grant, or deny the Conditional Use Permit unless such advice is presented to the Board in writing, is read or oth- erwise publicly presented at the public heating, and is specifically identified as a determing consideration in the Board's final written decision. D. Conditions and Restrietlons on the Conditional Use Permit 1) Imposition of Conditions and Restrictions: In granting a Condi- tional Use Permit, the Board may nnpose any conditions or restrictions it reasonably considers necessary to insure full compliance with the stan- dards of Section 5-3.4(C), to reduce or eliminate any detrimental effect of the proposed Conditional Use Permit upon the neighboshood or the district, or to carry out the general purposes and intent of this Ordinance. 2) Modification of Conditions and Restrictions: Any subsequent change or modification of a condition or restriction imposed by the Board of Adjustment in granting a Conditional Use Permit must be approved in the same manner and with the same 206 Special Sessiov, March 18, 1985 requirements as the original applica- tion for CondiUlonni Use Permit. 3) Violation of Conditions and Restrictions: A vioiatlon of such con- ditions and restrictions, when made a part of the terms under which the Conditional Use Permit is granted, shall be deemed a violation of this Ordinance. E. Decision and Records: The Board shah reeder a written dedision on an application for a Conditional Use Permit within sixty (60) days after the close of the public hearing. The dec,ion of the Board shall contain spe- cific 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 5-3.4(D). The Board shall maintain complete records of aH actions with respect to appllca- tions for Conditional Use Permits and shall notify the City Council of the Board's decision on each application. F. Period of Validity: No Condi- tional Use Permit granted by the Board shall be valid for a period longer than six (6) months from the date on which the Board grants the Permit, unless within such six (6) month period: 1) A building pemtit is obtained and the erection or alteration of a structure is started, or 2) An occupancy permit is obtained, ff required, and the use is commenced. The Board may grant a maximum of two (2) extensim~s not exceeding six (6) months each, upon written appH- cation, without notice of hearing. 5-3.5 Variance Procedure A. Application: Any person owning property may apply for a variance from the literal enforcement of the bulk regulation provisions including parking and sign requirements of tins ordinance for the property or structure involved. All applications for a vari- ance shafi be made on the official form for such applications which shall be available without cost from the Zoning Administrator. A sample copy of the application form is contained in the Appendix to this ordinance. The appli- cant shall be required to supply all pertinent items of information con- teined on the official application form, as a condition to review of such appli- cation. Review of the application for a variance may be obtained by delivering a copy of the completed application form to the Zoning Administrator together with payment of the required fee as specified in Section 7 of this ordinance. Upon receipt of the com- pleted forms and the required fee, the Zoning Administrator shall forthwith transmit a copy of the completed form to the Board, retaining the original form as part of ins permanent records. Prior to its review, the Board may require the applicant for a variance to supply any further information beyond that contained in the application form where it reasonably considers such information necessary to make the determination. B. ]q0t~ee and Meeting Require- ments: Following receipt of a com- pleted appllcatlon the Board shall, with due diligence, consider such appll- cation at a public meeting. Notice of the tune and place of the meeting shah be made by the Board by certified mail notification to all owners of property witinn two hundred feet (200') of the property for which 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. C. Requirements for the Granting of a Variance: The Board shah grant a variance only under exceptional cir- cumstances where practical difficulty or unnecessary hardsinp is so substan- tial, serious and compelling that relax- ation of the general restrictions ought to be granted. No variance shall be granted unless the applicant shah show and the Board shall find that: 1) The particular property, because of size, shape, topography or other physical conditions, suffers singular disadvantage through the application of this ordinance winch disadvantage does not apply to other properties in the vicinity; and 2) because of tins 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 prop- erty; and 4) granting the variance requested will not confer on the applicant any special privilege that is denied by this ordinance 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 vicinuty, and will be in harmony with the intent and purpose of this ordinance. Special Session In passing a variance, the Board shall not coneider prospective financial loss or gain to the applicant. D. Conditions and Restrictions Attached to the Granting of a Vari- ance: In granting a variance, the Board may impose any conditions or restrictions it reasonably considers nec- essary to insure full compliance with the standards of Section 5-3.5(C) of this ordinance, to reduce or eliminate any detrimental effect of the proposed variance upon the neighborhood or the public weffare, or to carry out the gen- eral purposes and intent of this ordi- nance. Violation of such conditions and restrictions, when made a part of the terms under which a variance is granted, shall be deemed a violation of E. Decisions and Records: The Board shall render a written decision on an application for a variance witinn sixty (60) days after the close of the public meeting. The decision of the Board shall contain specific findings of fact supporting the granting or denial of the variance and shall clearly set forth any conditions or restrictions imposed pursuant to Section 5-3.5(D) of this Ordinance. The Board shall maintain complete records of all action with respect to applications for a vari- 5-3.6 Appeals from Board of Adjustment Decisions: Appeals from action or decision of the Board of Adjustment shall be made in the man- ner provided by Chapter 414 of the Code of Iowa, 1983, or any other appli- cable provisions of Iowa law, 5-4 Zoning Administrator The City Manager shah designate a Zoning Administrator who shall be responsible for the enforcement and administration of this ordinance. The Zoning Administrator may be provided with the ass'mtance of such other per, sons as the City Manager may direct. 5-4.1 Duties of Zoning Administra- tot: The Zoning Administrator shall have the following duties and responsi- bilities: 1) To enforce the provisions of tins ordinance by investigating information concerning violations thereof, and tak- tag such actions or issuing such orders or directives as are deemed appropriate to insure compliance with the ordi- 2) To keep accurate and complete records of all investigations, enforce- ment proceedings, Site Plans, PUD Preliminary or Final Devblopment Plans, Zoning Correspondence and M~rch 18, 1985 207 such other re(~ords as he may be required to keep under the provisions of this ordinance. 3) To faithfully and promptly exe- cute aH other duties or responsibilities delegated to him under tins ordinance. 5-4.2 Interpretation By Zoning Administrator: In making any judge- ment, interpretation, or decision authorized by this ordinance, the Zon- ing Administrator shah consider and be guided by the particular provisions of this ordinance and relevant statomento of intent contained herein, provided,/ however, that notinng herein shall be deemed to authorize the Zoning Administrator in the performance of his duties to permit any exception to, or variance from the provisions or requirements of tins ordinance, or to otherwise impinge upon the powers vested in the Board of Adjustment. 5-5 Appeals to the Board, Stan- dards and Procedure A, Authorization: Appeals may be made by any person aggreived or any municipal officer, department, board or bureau affected by any order, require- ment, deciaion, or determination made by an adminstrative official in the enforcement of tins ordinance. B. Procedure for Appeal: Appeals may only be filed witinn 30 day~nn- mediately following the date of the administrative action winch is the sub- ject of the appeal. An appeal is filed by delivering to the administrative office involved and to the Board a completed Notice of Appeal, a sample copy of winch appears in the Appendix to this ordinance, together with the fee pay- ment specified under Section 7 of tins ordinance. Official Notices of Appeal forms shall be available without cost from the Zoning Administrator. The Notice of Appeal must, in addition to ali other information required by the form, specify she particular grounds for the appeal. The officer from whom the appeal is taken shah forthwith trans- mit to the Board all documents con- stituting the record upon winch action .appealed from was taken. C. Effects of Appeal: An appeal stays all proceedings in furtherance of the action appealed from, unless the officer from whom the appeal is taken certifies to the Board of Adjustment after the Notice of Appeal shall have been filed with him that by reason of facts stated in the certificate a stay would in his opinion cause imminent peril to life or property. In such case proceedings shall not be stayed other- wise than by a restraining order which 208 Special Session, March 18, 1985 Special Sessio~, March 18, 1985 209 may be granted by the Board of Adjustment or by a court of record on application on notice to the officer from whom the appeal is taken and on due cause shown. D. Board Decision of Appeal: In exercising its powers of appeal the Board may, in conformity with the provisions of this ordinance, reverse or affirm, wholly or partly, or may mod- ify the order, requirement, decision, or deterlnination appealed from any may make such order, requirement, decision, or determination as ought to be made, and to that end shall have all the powers of the officer from whom the appeal is taken. SECTION 6 ZONING RECLASSIFI- CATION AND TEXT AMEND- MENT PROCEDURE 6-1 Zoning Reclassification Proce- dure 6-1.1 General Statement of Intent: The Council finds that the reclassifica- tion of property is a sensitive and important legislative function which, hi the interest of maintaining uniform zoning policies and the integrity of the City Plan, should only be exercised sparingly and under proper conditions. For this reason, and because the origi- nal zoning district boundaries under this ordinance are presumed to be cor- rect and appropriate, it shall hereafter be the policy of the City Council to reclassify property only where a clear showing has been made that the origi- nal clarification was a mistake or that circumstances and conditions affecting the property in question have so mate- rially changed so as to demand reclas- sification in the public interest. The reclassification procedur~ out- lined herein should not be confused with, or used in place of, the ordinance amendment process or the variance process. Thus, the Council intends that reclassification of property should not be entertained where 1) an alleged hardship peculiar to the property is clakned, which is more properly the subject of a variance request, or 2) it is alleged that the ordinance provision themselves as applied to similar prop- erties are unreasonable, which is more properly the subject of an amendment proposal. In all cases, the burden shall be upon the person(s) seeking reclassi- fication to demonstrate that the requested reclassification is more appropriate than the present classifica- tion, in light of the characteristics of the property and the public welfare. Furthermore, it is contemplated under this ordinance that the Planning Commission is, in the first instance, the body responsible for tim formulation and continuing review of the City Plan, as expressed herein, and that the Commission shall be charged with the duty of periodically reviewing the poll- cies and provisions of tlfis ordinance in light of its purposes and changing con- ditions, and proposing on its own ini- tiative such district reclasaifications or ordinance amendments as may be deemed appropriate to secure the pub- lic welfare. 6-1.2 Application Requirements: Any person may request a rectsssifica- tion of property to another district, regardless of such persons interest in the property, by submitting a com- pleted zoning reclassification applica- tion together with the fee as specified in Section 7-2 of this ordinance, to the Development Services Division. The Planning and Zoning Commission shall consider the request with diligence. On finding the request to be inappropriate, the Commission may forthwith return a recommendation for denial to the City Council. The Commission may not recommend approval of any reclas- sification request which is found to be substantial in nature, as defined in Section 6-1.3, without first conducting a public hearing on such reclassifica- tion. Where a reclassification request is not deemed substantial in nature, the Commission may in its discretion, but shall not be required to, hold a public hearing thereon. The Commission shall hold a public hearing on any request when so directed by the City Council. 6-1.3 Substantial / Non - Substan- ~al Requests: For purposes of this ordinance, the following shafi be con- sidered substantial reclassification requests: 1) Any request which would result in the expansion in area of an exist- lng zoning district by more than twenty percent (20%); or 2) Any request which would result in the creation of a new district; or 3) Any request involving the reclas- sification of more than two (2) acres of property; or 4) Any request for a Planned Dis- trict designation. 6~1.4 Commission Action: Following the public hearing, or if no hearing is held, then at any time following receipt of the reclassification request, the Commission may act to recom- mend approval or disapproval of the request. The affirmative vote of at least fov, r (4) Commission members shall be required to constitute approval of a substantial zoning reclasd~fication request as defined in Section 6-1.3, and any lesser number of affirmative votes shall constitute a disapproval of the request. A failure of the Commission to consider a zoning reclassification request within sixty (60) days following receipt of the request shall constitute Commission approval thereof. A rec- ommendation of the Commisaion shall forthwith be transmitted to the City Council for its action. 6-1.5 Council Action: Following receipt of any recommendation of the Commission, or on finding that~ the Commission has not considered the request within the s~xty (60) day lim- itation, the City Council may initiate final action on the request. A Com- mission recommendation for denial of a request may be approved by the Council without public hearing. If the Commission recommends approval of a request, the City Council shall act to hold its own public hearing on the requested reclassification, at which time all interested parties shall have an opportunity to be heard. At least seven (7) days and not more than twenty (20) days notice of the thne and place of such hearing shall be pub- lished in a newspaper of general circu- latlon in the City. Following the public hearing, the Council shall act to adopt or reject the reclasaification request. In cases where the Commission has recommended dis- approval of the reclassification the affirmative vote of at least three- fourths (3/4) of the Council shall be reqnired to enact the reclasshqcation. Furthermore, in case of a written protest against the reclassification request which is filed with the City Clerk and signed by the owners of 20 percent (20%) or more of the area of the lots included in the request, or by the owners of 20 percent (20%) or more of the property which is located within two hundred feet (2~0') of the exterior boundaries of the property being con- sidered for reclassification, such request shall not be enacted except by the favorable vote of at least three- fourths (3/4) of the Council. 6-2 Notice and Hearing Require- merits 6-2.1 Notice of Commission Hear- ings: Notice of the time and place of all public hearings to be held by the Planning Commission shall be pub- lished in a newspaper of general cfr- culation in the City at least Seven (7) days and not more than twenty (20) days prior to the date of the hearing. A reasonable effort shall be made to notify by mail those property owners whose property is being considered for reclassification and those adjacent owners of property within two hundred feet (200') therefrom, prior to the first public hearing in which the reclassifi- cation request will be considered. Where the Commission has acted to set a public hearing on a reclassifica- tion request, the Commission shall take responsible steps to give notice of the time, place, and subject of the hearing by certified mail to all prop- erty owners within two hundred feet (200') of the property for which reclas- sification is requested, and to the owner(s) of the property included in such request. Where no Commission hearing is held, Council shall be responsible for mailing such notice. Only one mailing shall be required in any event, and mail notice by the Council shall not be required where the Commission has set its own public hearing on the request. In all cases, however, the notice shall be mailed not less than seven (7) days and not more than 20 days, prior to the public hear- lng announced therein. 6~2~2 Hearing Procedures: At all public hearings held by the Planning Commission or City Council, all interested persons shall have an oppor- tunity to express their opinions on the subject matter at hand, either in per- son or by agent, subject in all cases to reasonable rules of procedure. 6-3 Text Amendment Procedure 6-3.1 Commission Action: Any per- son may propose amendments to the provisions of this ordinance by deliv- ering a copy of the proposed amend- ment to the Development Services Division. Such proposals shall be con- sidered in regular session by the Plan- ning Commission, which will diligently act to set the proposal for public hear- lng as provided in Section 6-2. Follow- lng the public hearing, the Commission shall act to approve or disapprove the proposed amendment. The affirmative vote of at least four (4)~ Commission members shall be reqnired to constitute approval of the proposal, and any lesser number of affirmative votes shall be considered disapproval of the amendment. The CommisSion's recommendations shall be forthwith transmitted to the Coun- cil for their action. A failure by the Commission to act within sixty (60) days following receipt of the proposed amendment shall consf~tute Commis- sion approval thereof. 210 Special Session, March 18, 1985 6-3.2 Council Action: Folhiwing receipt of the Commission's recommen- dation or expiration of the sixty (60) day limit for Commission action, Council shall act to hold its own public hearing po the proposed amendment, at which all interested parties shall have an opportunity to be heard. At least seven (7) days and not more than twenty (20) days notice of the time and place of such hearing shall be pub- lished in a newspaper of general circu- lation in the City. Following the public hearing, Coun- cji shall adopt or reject the proposed amendment. In those cases where the Commission has recommended disap- proval of the amendment, the affirma- tive vote of at least three-fourths (3/4) of the City Council shall be required to enact the amendment. SECTION 7 FEE SCHEDULE 7-1 Fees Required Any application for the following shall be accompanied by the requisite fee: 1) Vatia~nce; 2) Conditional use permit; 3) Appeals to the Board of Adjust- lnent; 4) Amendinent to this Ordinance; 5) ReclasSification of property; 6) Planned District proposals; 7) Site plan review; 8) Temporary sign certificate; 9) Temporary use. 7-2 Amount of Fee The amount of each fee shall be as established by Resolution of the City Council in an official schedule of plan- ning and zoning fees. 7-3 Payment All fees shall be collected by the City Development Planner at the time of application for deposit with the City Treasurer. 7-4 Fee Exemption No fee is required for applications filed in the public interest by mem- bets of the City Council, Planning and Zoning Commission, the Zoning Board of Adjustment or the City Manager. SECTION 8 DEFINITIONS In the interpretation of this ordinance, the following words and terms are to be used and interpreted as defined hereinafter: Accessory Building: A subordinate building, located on the same lot as the main building, the use of which is clearly incidental to and customati]y found in connection with the main building or principle use of the land. Accessory Use: A use which is clearly nicidental to and customarily found in connection with the principle use of the premises and which is located on the same lot as the principle use. Adult Entertainment Establish- ments: See Section 4-8 of this ordi- Alley: A public right-of-way which affords a secondary means of access to abutting properties, not to be con- sidered a street. Amusement Center: A facility pro- riding 3 or more coin or token acti- vated machines or devices for use by patrons as games of skill or entertain- ment. Automated Bank Teller: A machine or device for the dispensing and col- lecting of cash and conducting of other banking activities by the customer without an attendant. Babysitting: A residential accessory use providing temporary supplemenial parental care for non-related children under twelve (12) years of age where such care is provided within a dwelling unit by the permanent resident thereof and that the number of such children shall not exceed six (6) children at any Basement: Any floor level below the first story in a building, except that a floor level in the building having only one floor level shall be classified as a basement unless such floor level qua- lifies as first story. (See diagram for Story) Boarding House: See Rooming connecting two otherwise detached buildings. Breezeway connections shall not be construed to alter the detached status of the buildings so connected. Building: Any structure used or intended for supporthig or sheltering Building Height: The vertical dis- tance from the average ground level at the front wall of the building to the highest point of the underside of the ceiling beams for a flat roof or to the deck line of a mansard roof, or to the mean height level between eaves and ridge for gable, hip or gambrel roofs. Building Line: See Setback. Bulk Regulations: An indication of size and setbacks of buildings and their location with respect to one another including lot area, lot frontage, lot cov- erage, required front yard, required side yard, required rear yard, and building height. dian service, dry cleaners, floor wax- ing service, linen supply, janitorial Special Session March 18, 1985 211 services, diaper service, lighting mainte- nance service, carpet and upholstery cleaning, news syndicates, equipment rental/leasing, photofinishing labora- tories, trading stamp service, funeral services, commercial testing labora- tories, auctioneering se~ice, automo- bile shows, bottle exchanges, fire extinguisher service, invalid supplies rental, packaging/labling service, sign painting/lettering service, swimming pool cleaning/maintenance, water soft- ening service, parking lot maintenance service, snow removal service, tattoo parlors, pet grooming, advertising agencies, outdoor advertising services, shopping news advertising, blueprinting service, photocopying serviee/dupllcat- lng/mimeographing commercial pho- tegraphy, arts and graphics, window cleaning service, disinfecting and exter- minating services, building cleaning service/office cleaning, and chimney cleaning services. Car Wash, Full Service: A building or section thereof containing facilities for washing motor vehicles, using pro- duction line methods or mechanical devices and does not include customer self service. Car Wash, Self Service: A buihling or section thereof containing facilities for washing motor vehicles by provid- lng spaces, water and hand held equip- ment for washing of motor vehicles by the customer. Club, Private: A non-profit voluntary association of persons for the promo- tion of same purposes or philosophy. The permitted uses of a building owned or leased by such an associa- tion shall include all customary club activities such as lectures, discussions, meetings, social or recreational events, and similar activities, and shall also include as an accessory use the sale of food or beverages, but only where lim- itod to club members and guests and only in conformance with all state and federal regulations. Comn~ssion: Shall mean the Plan- ning and Zoning Commission of the City of Dubuque, Iowa. Conditional Use: A use which is per- mitred in a district only upon a find- ing by the Board of Zoning Adjustment at a public hearing that specific conditions as established by this ordinance are present and can be met. Day-Care Center, or Nursery School: An establishment rggularly providing temporary supplemental parental care or educational instruc- tion for more than six (6) non-related children under twelve (12) years of age. Deck: A fiat floored roofless struc- Density: The average number of per- sons, families or dwelling units per unit Department Store: Any retail store offering multiple lines or categories of merchandise. Drive-In Restaurant: See restaurant, carry-out. Duplex: See dwelling, two family. Dwelling: Any building or portion thereof contaning one (1) or more dwelling units, but not including motels, hotels, rooming or boarding nursing homes. Dwelling, Single Family: A building designed exclusively to contain one (1) dwelling unit, the main body of which shall not be less than twenty (20) feet. Dwelling, Two Family: A building designed exclusively to contain two (2) dwelling units. A two family dwelling is a duplex. Dwelling, Multiple Family: A build- ing designed exclusively to contain three (3) or more dwelling units, but not including townhouses. Dwelling Unit: A building or portion of a building which is exclusively arranged, occupied, or intended to be occupied as living quarters for one family. Family: Any number of people occu- pying a single dwelling unit living together as a single housekeeping unit, related by blood, marriage or formal adoption plus not more than three (3) additional people not so related, except that foster children shall be considered as formally adopted. Family Home: A community based re~Cldeniial hom~ which is licensed as a residential care facility under Chap- ter 135C of the Code of Iowa or as a child foster care facility under Chap- ter 237 of the Code of Iowa to provide room and board, personal care, habi- tualation services, and supervision in a family envfronment exclusively for not more than eight (8) developmentally disabled persons and any necessary support personnel. However, family home does not mean an individual fos- ter family home licensed under Chap- ter 237 of the Code of Iowa. Flammable or Explosive Materials: Any substance which decomposes through detonation or which is intense burning. In addition, any substance which is considered an "explosive" or a "flammable liquid" as defined in Di~- 212 Special Seseiar March 18, 1985 Special Session March 18, 1985 213 sion IV of Article 1 of the City of Dubuque Fire Code shall be considered a"flarmnable or explosive material". Flood Hazard Overlay District: See Section 3-5.3 Garage, Residential: A structure or building or portion thereof in winch one or more cars are parked or stored. For purposes of tins ordinance garages include carports. Garage Sale (Rummage Sale): A res- identini accessory use whereby items accumulated during the every-day reel- dential use of a dwelling are sold. Eden, Non-Commercial: A plot of ground where fruit, herbs, flowers, veg- etables or other plants are grown and for which the owner or operator derives no compensation on the site. Gas Stations: Building and premises where gasoline, oil and minor auto accessories may be supplied and dis- pensed at retail. A gas station is not a service station. For other services in addition to the sales of gasoline see Service Station. Gas Station, Automated: A gas sta- tion characterized by customer acsi- vated fuel dispensing and packaged automotive products as the primary method to sell such products. Greenhouse, Non-Commercial: A building constructed primarily of glass or similar material in winch tempera- ture and humidity can be controlled for the cultivation of fruit, herbs, flow- ers, vegetables or other plants but not for sale on the premises. Group Home: Any group of persons not meeting the definition of family and occupying a single dwelling unit living together as a single housekeep- Lng unit, but not including a boarding or rooming house or family home. Home Occupation: Any occupation or activity conducted witinn a dwelling unit winch is clearly incidental and secondary to the use of the premises for dwelling purposes. See Section 4-7 of the ordinance for further informa- Hospice: A freestanding building serv- lng as a medlcal and residential facility for terminally ill people, providing inpatient services and support services for families of the residents and patients. Hotel: Any building contaiuing six (6) or more guest rooms designed for occu- pancy for sleeping purposes by guests. Housing for the Elderly, Handi- capped and Disabled: A dwelling designed, maintained, and operated for exclusive occupancy by elderly, handi- capped and disabled persons who con- stitute an elderly family as defined by the regulations of the United States Department of Housing and Urban Development and providing that one dwelling unit may be used for a reai- dent manager who shall be exempt from occupancy age limitations. Intensification of Use: An intonsifi- cation of a use thati be any change, alteration, extension, expansion or enlargement of a use or use and struc- ture in combination where the off- street parking requirements of this ordinance would be calculated at a ingher ratio and/or would require that additional off-street parking spaces be pmvided. Laundromat: An establishment pro- viding for the self scqwice washing, dry- ing and cleaning of cloths or linens. Lot, Zoning: A zoning lot is a parcel of land of at least sufficient size to meet minhnum zoning requirements for use, coverage, and area, and to provide such yards and other open spaces as are herein required. Such lot shall have frontage on an improved public street, or on an approved private street, and may consist of: a) A single lot of record; b) a portion of a lot of record; c) a cominnation of complete lots of record, of complete lots of record and portions of lots of record, or of por- tions of lots of record; d) a parcel of land described by meets and bounds; provided that in no case of division or combination shall any residual lot or parcel be created winch does meet the requirements of tins ordinance. Lot Area: The total horizontal area included witinn the boundaries of the property lines. Lot Coverage: That portion of a lot covered by principal and accessory uses and/or buildings expressed as a per- centage of the lot area. Lot Depth: The average distance from the front property line to the rear property line, measured in the general direction of the side property lines of the lot. Lot Frontage: All sides of a lot adja- cent to a street and measured along the front property line as it abuts the street or along the street right-of-way line on unplatted streets. Lot Line: See property line. Lot of Record: A lot winch is part of a subdivision recorded in the office of the County Recorder, or lot or parcel described by meets and bounds; the description to which has been so recorded. Lot Types: a) Corner Lot: A lot located at the intersection of two or more streets. b) Interior Lot: A lot other than a corner lot with only one frontage on a street. c) Through Lot: A lot other than a corner lot with frontage on more than one street. Lot Types: Lot Width: The horizontal distance between the side property lines mea- sured at the front property line as it abuts the street or along the street ~ght-of-way line on unplatted streets, except that on cul-de-aac lots, the lot width shall be measured at the required front yard setback line. Manufactured Home: A factory built single-family structure, winch is manu- factured or constructed under the authority of 42 U.S.C. Sec. 5403, Fed- eral Manufactured Home Construction and Safety Standards, and is to be used as a place for human habitation, but winch is not constructed with a permanent intch or other device allow- ing it to be moved other than for the purpose of moving to a permanent site, and winch does not have permanently attached to its body or frame any wheels or axles. A mobile home is not a manufactured home unless it has been converted to rea] property and is taxed as a site built dwelling. For the purpose of these regulations, manufac- tured home shall be considered the same as any site built single-family 214 Special Ses~or,March18,1985 detached dwelling. Mobile Home: Any vehicle without motive power used or so manufactured or constructed as to permit its being used as a conveyance upon the public streets and highways and so designed, constructed, or reconstructed as will permit the vehicle to be used as a place for human habitation by one or more persons; but shall also include any such vehicle with motive power not re~stered as a motor vebicle in Iowa. A mobile home is factory-buflt housing built on a chassis. A mobile home shall not be construed to be a travel trailer or other form of recreational vehicle. A mobihi home shall be construed to remain a mobile borne, subject to all regulations applying thereto, whether or not wheels, axles, hitch, or other appurtenances of mobility are removed and regardless of the nature of the foundation provided. However, certain mobile homes may be classified as "manufactured homes". Nothing in tbAs ordinance shall be construed as permitting a mobile home in other tban an approved mobile home park, unless such mobile home is classified as a manufactured home. Mobile Home park/Subdivision: Land exclusively designed and deve- loped for two or more lots to be sold or rented for the placement of mobile Motel: Motel shall mean hotel as defined by this ordinance. Motor Freight Terminal: A building or area in which freight brought by motor truck is received, assembled or stored and dispatched for routing by motor truck which may include motor truck storage. Nursery School: See Day-Care Cen- ter. Nursing or Convalescent Home: An establlshinent providing full-time and beusing and care for the aged or phys- ically infirm, and not involving sur- gory, obstetrical services, or other provided in hospitals or clinics. Such establlshinent may involve usual con- valescent or chronic care including bedside nursing care, admidistration of medicines or special diets, application of bandages or dressings, and aim flat procedures. Office, General: A business establish- ment, or portion thereof, where con- sulthig, record keeping, bookeeping and clerical work are performed, but not to incinde medical offices or clinics. Office, Medical: A business establish- ment, or portion thereof, furnishing medical, surgical or other service to individuals, including the offices of ihysicians, dentists, and other health ~ractitioners, medical and dental labs, out-patient care facilities, blood banks, and oxygen and miscellaneous types of medical supplies and services. Open Space: That part of a lot not tevoted to buildings, structures, park- ing or loading areas, driveways or any )rincipal or accessory use. Open Space, Usable: An area of land or water or combination of land and water which may include complimen- tary structures and improvements within the site, excluding space devoted to parking, designed and intended for common use and enjoy- ment. Personal Services: Babysitting ser- vice, dating service, debt counseling to individuals, escort service, genealogical hivestigation service, marriage counsel- ing, shopping service, tax return prepa- ration service, consumer credit reporting agencies, adjustment and col- lection agencies, address list compilers, addressing service, direct mail advertis- ing service, mailing list cmnpilers, mailing service, court reporting service, letter writing service, public stenogra- )hers, stenographic service, typing ser- vice, employment agencies, temporary help supply service, management, con- sulting and public relations service, detective agencies and protective ser- vices, business brokers, interior decorating service, messenger service, notary publics, repossession service, tax collection agencies, telephone solicita- tion service, clothing / costume rental, dressmaking service / seamstress, quilt- lng for individuals and reducing salons / weight control clinics. Planned District: A district with development characterized by a unified site development plan which may pro- vide for a mixture or combination of residential, recreation and open space, with the provisions of this ordinance. Premises: A lot, together with all improvements thereon. Principal Permitted Use: A main or predominant use maintained on a lot or premises. In some districts, mainto- nance of more than one principal per- mitted use on a lot or premises may be permitted. Property Line: The legal, platted boundary of a lot or parcel of land. Recreation, Indoor: A facility for relaxation, diversion, amusement or enter~uinment in which participants or customers are charged for use of the Special Session March 18, 1985 215 facilities, devices or equipment, all such activity shall occur within the building or structure. Recreation, Outdoor: A facility for relaxation, diversion, amusement or entertainment in which the partici- pants or patron customarily pay a fee for the use of facilites, devices or equipment, all or most of such activi- ties shall occur on the exterior but witldn the property of the facility. Recreational Vehicles: Any units designed for living or sleeping purposes, permanently equipped with wheels or permanently placed upon a wheel device for the purpose of transporting from place to place~ This shall include but is not limited to cmnping trailers, campers, tent trailers, motor homes and tent campers. Restaurant, Drive-In/Carry Out: Any business establishinent or portion thereof where food is prepared for sale for consumption off the premises, including all restaurants advertising and/or allowing carry-out service. Restaurant, Indoor: Any business establishinent or portion thereof where food is prepared for sale for consump- fion on the premises. Retail Sales: The sale of merchandise for direct consumption or use by the purchaser as an ultimate consumer. Rooming House: Any building or portion thereof, containing a single dwelling uuit, wherein meals or lodg- lng or beth are provided for direct or indirect compensation to not less than ttrcee (3) and not more than ten (10) u~rcelated persons. Rummage Sale: See Garage Sale. Service Stations: Any premises pro- viding motor fuels, tires, accessories, lubricants and maintenance repair ser- vices at retail direct to the motorist consumer. Service stations shall not include major automotive repair such as tire recapping, body work, frame straightening, welding, painting or stor- age of non-operable vehicles. Setback: The ~ninimum horizontal distance between a property line and the nearest portion of a structure to such property line. Shopping Center, Neighborhood: A group of commercial establishments with off-street parking on the property that are planned and developed as an architectural unit, with a primary trade area of the neighberhood(s) in which it is located. Shopping Center, Regional: A group of commercial establishments with off- street parking on the property that are planned and developed as an architec- tural unit, a centrally managed facility requiring a highway or arterial location for their most beneficial operation; the market area of which includes the met- ropo]itan area. Sign: See Section 4-3. Story: That portion of a building included between the upper surface of any floor and the upper surface of the floor next above, except that the top- most story shafi be that portion of a building included between the upper surface of the topmost floor and the ceiling or roof above. If the finished floor level directly above a usable or unused under-floor space is more than 6 feet above grade as defined herein for more than 50 percent of the total perhneter or is more than 12 feet above grade as defined herein at any point, such usable or unused under-floor space shall be considered as a story. Story, First: The lowest story in a building which qualifies as a story, as defined herein, except that a floor level in a building having only one floor level shall be classified as a first story, provided such floor level is not more than 4 feet below grade, as defined herein, for more than 50 percent of the total perimeter, or more than 8 feet below grade, as defined herein, at any- )oint. 216 Special Session, March 18,1985 Structure: Anything constructed or erected with a fixed location on the ground, or attached to something with a fixed location on the ground. Stuc- tures include but are not limited to buildings, mobile homes, walls, fences, billboards, poster panels, above ground storage tanks, and similar uses. Terrace: A raised earthen embank- ment with the top leveled. A terrace may be supported by a retaining wall. Townhouses: Any series of two or more laterally attached single family dwellings in which each dwelling has separate access, utilities service and in which no dwelling is placed on top of Use: The purpose of activity for which land and/or the buildings thereon are designed, arranged, or intended or for which it is occupied or maintained. Variance: A limited exception from the strict application of the bulk regn- lations of this ordinance which may be granted by the Board of Adjust- ment according to the standards of Section 5-3.5 of this ordinance. Vehicle: A vehicle shall be broadly interpreted to mean any implement of conveyance designed or used for the transportation of people or materials on land, water or air, including but not limited to automobiles, trucks, bicycles, motorcycles, snowmobiles, boats, airplances, helicopters, trailers, Wholesale Establishment: A busi- ness establishment engaged in selling to retailers or distributors rather than to Yard: A required open space which is unoccupied and unobstructed by any stxucture or portion thereof from the natural ground level to the sky, except as otherwise provided in this ordi- Yard, Front: The required yard extending between side lot lines across the front of a lot adjoining a street. In the case of corner lots and through lots, front yards shafi be required at all frontages of the lot. The depth of required front yard shall be measured at right angles to the front property line. The required front yard line shall be parallel to the front property line. Yard, Rear: The required yard extending across the rear of the lot between inner slde yard lines: In the case of through lots and corher lots, there will be no rear yards, but only front and side yards. Depth of required rear yaxds shall be measured in such a manner that the yard established is a strip of the minimum width required by district regulations with its inner edge parallel to the rear property line. Yard, Side: The yard extending from the rear line of the required front yard to the rear property line. In the case of through lots, side yard shall extend from the rear lines of front yards required· In the case of corner lots, yards remaining after front yards have been established shall be considered side yards. Width of a required side yard shall be measured in such manner that the yard established is a strip of the minimum width required by dis- trict regulations with its inner edge parallel to the side property line. Yard, Special: A required yard other than the required front yard so oriented that neither the terms "side yard" nor "rear yard" clearly apply. In such cases the City Development Planner shall determine, based on topography, location, orientation and pattern of adjacent structures and development, Which yard requirement is more appropriate. Special Session March 18, 1985 217 SECTION 9 ADOPTION AND REPEAL OF CONFLICTING ORDI- NANCES 9-1 Repeal of Conflicting Ordi- ilances Upon the effective date and publi- cation of this ordinance, Ordinance No. 32-75 and all amendments thereto shall he, and the same hereby are repealed. However, in the event that this ordi- nance shall fail to become effecUxve for any reason whatsoever, Ordinance No. 32-75 and all amendments thereto sha[ remain in full force and effect. 9-2 Effective Date of Ordinance Provisions This ordinance shall be in force and effect on the day of its final passage, adoption, and publication as provided by law. PASSED, APPROVED a nd ADOPTED this 18th day of March, 1985. James E. Brady, Mayor ATTEST: Mary A. Davis, City Clerk Published officially in the Telegraph Herald newspaper this 25th day of March, 1985. Council Member Manning moved final adoption of the Ordinance, Zon- ing Map and Street Classification. Seconded by Council Member Kron. feldt. Carried by the following vote: Yeas--Mayor Brady, Council Members Deich, Hammel, Kluesner, Kronfeldt, Manning. Nays--None. Abstain--Council Member Beur- skens. O FRONT Y/~RB~SETBAC? I U~BUQU ORDINANCE o~ ,j ALE STREET ~CI.-;AS~SJ~NDEx ' ~ ~ LX)cal ~ ector al Principal ZONIN CiTY ~ZONING MAP MAY BE }i ~wc~s o~c~ ~ lNG MAP. TH~OFFICIAL ~) AT THE DEV~E~LOPMENT ,uou,, ,ow~ AG AG PC R4 C-3 pc AG [TH \ : ~ AG AG pR AG 218 Special Sessio~, March 18,1985 Communication of Dubuque Jaycees requesting that the Council reconsider an Ordinance relating to the consump- tlon of beer in Washington Ppxk, presented and read. Council ~,ember Beurskens moved that the com- municatinn be received and filed. Seconded by Council Member Kron- feldt. Carried by the following vote: Yeas--Mayor Brady, Council Mere. bers Beurskens, Deich, Hammal, Kluesner, Kronfeldt, Manning. Nays--None. Communication of City Manager sub- mitt'mg proposed terms and conditions for use of Washington Park by the Dubuque Jaycees, presented and read. Council Member Beurskens moved that the communication be received and fil- ed. Seconded by Council Member Krun- feldt. Carried by the following vote: Yeas--Mayor Brady, Council Mem- bers Beurskens, Daich, Hammel, Kluesner, Kronfeldt, Manning. Nays--None. Communication of Chairperson of the Park and Recreation Commission ad- vising of actions t~ken by the Commis- sion at thsir meeting held on March 12, 1985, presented and read. Council Member Beurskens moved that the communication be received and filed. Seconded by Council Member Kron- feldt. Carried by the following vote: Yeas--Mayor Brady, Council Mem- bers Beurskens, Deich, Hammal, Klueeuar, Kronfeldt, Manning. Nays--None. Council Member Beurskens moved to suspend the rules to let anyone address the Council ff they so desire. Seconded by Council Member Kronfoldt. Carried by the following vote: Yeas--Mayor Brady, Council Mem- bers Beurskens, Deich, Hammel, Kluesner, Krunfeldt, Manning. Nays--None. Chad Cox of Jayeees requested Coun- cil reconsider tbeir action taken at the meetings of February 18 and March 4th and grant request to serve beer in Washington Park by the Jayceee. John Fitzpatrick of Fitzpatrick's, 2600 Dodge Street objected to peeeib'di- ty of granting beer permit in Washington Park. Council Member requesting Jaycees try the Downtown plaza area for eerv- ing beer. Mayor Brady moved that the City Manager and Staff proceed with alloca- tion of license to Jaycees for Downtown Clock Plaza area. Seconded by Council Member Manning. Carried by the following vote: Yeas--Mayor Brady, ~ouncil Members Beurskens, Klusener, Mann- lng. Nays--Council Members Deich, Hammsi, Kronfeldt. AN ORDINANCE Amending Sec- tion 27-49 by adding thereto a new sub- paragraph (e) Providing for the authorization of the use and consump- tion of beer in Washington Park under recommendation of the Park and Recreation Commission and approval of by the City Council, presented and read. Council Member Kronfeldt moved that the reading just had be considered the first reading of tho Ordinance. Seconded by Council Member Banr- skens. Carried by the following vote: Yeas--Mayor Brady, Council Mem- bers Beurekens, Hammel, Klueener, Kronfsidt, Manning. Nays--Council Member Deich. Communication of City Manager re. questing approval to proceed in the cu~ rent fiscal year with the demolition and reeurfacing of the 'Rotman Building Property at 335 Iowa Street for con- struction of parking area, presented and read. Council Member Beurskens moved that the coromunieatinn be received and filed and demolltinn to proceed and Staff to provide with necessary budget amendment. Second- ed by Council Member Kconfoldt. Car- ried by the following vote: Yeas--Mayor Brady, Council Mem- bers Beurskens, Dalch, Hammel, Klueaner, Kronfeldt, Manning. Nays--None. Communication of City Manager re- questing approval of a contract bet- ween the City and Dubuque County for completion of the installation of live cablecasting equipment in the Dubuque Special Session County Courthouse, presented and read. Counc'd Member Beurskens mov- ed that the request be approved and Mayor to execute contract. Seconded by Council Member Kronfeldt. Carried by the following vote: Ycas--Mayor Brady, Council Mem- bers Beurskens, Deich, Hammel, Kluaaner, Krom%ldt, Manning. Nays--None. Communication of City Manager re- queet'mg consent to a pricing structure for disposition sites in the Dubuque In- dustrlal center, presented and read. Council Member Beurskens moved that the communication be received and filed. Seconded by Council Member Kluesner. Carried by the following vote: Yeas--Mayor Brady, Council Mem- bers Beurskens, Deich, Hammel, Kluesner, Kronfoldt, Manning. Nays--None. RESOLUTION NO. 82-85 A Resolution approving appraisal £m- dings and recommendations for the pricing of disposition sites in the Dubuque Industrhfl Center WHEREAS, the City Council and the City of Dubuque, Iowa and Dubu- clue In-Future, Inc. have entered into a Memorandum of Agreement, dated August 17, 1981; and, WHEP~EAS, Section 6 of the aforesaid Memorandum of Agreement provides as follows: "6. The Corporation shall retain qualified real estate appraiser to make an appraisal of the fair market value of the disposition sites under its control. Fair morket value shall be determined in accordance with the uses con- templated, the covenants, conditions and obligations assumed by the pur- ch~aser bl~less~e, or by the comparable value of other sites suitable for the contemplated use. Such appraisal shall be obtained within sixty days of the date of this Agreement and shall be transmitted to the CITY for its review ~nd approval. Upon such approval, the statement of appraised fair market value shall be made a part of the Disposition Plan. The CORPORATION shall cause a appraisal to be made at least once a year thereafter by a qualified real estate appraiser, and shall submit such re- , March 18, 1985 219 appraisal to the CITY for its approval. The CORPORATION shall not dispose ~ any real or personal property through sale, use or location and shall not enter into contracts or agreements for the disposition of industrial sites in the project at less than fair market value thereof without the written con- sent of the CITY in each case." WHEREAS, the Board of Directors of Dubuque In-Future, Inc. has obtain- ed the opinion of Roy R. Fisher, Inc., a qualified real estate appraisal firm, and has requested approval of a pricing structure for disposition sites in the Dubuque Industrial Center; NOW, THEREFORE, BE IT RE- SOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the opinion of Roy Fisher, Inc., appraiser, regarding fair market value of disposition sites in the Dubuque Industrial Center is hereto at- tached and is hereby acknowledgetL Section 2, That the pricing structure of disposition sites in the Dubuque In- dustrial Center shall be no less that $.64 per square foot for industrial uses and no less that ~94 per square foot for com. mervial uses permitted by the Planned Industrial Zoning District on lots fron- ting Radford Roa~ Section 3. That the Board of Directors of Dubuque In-Future may utilize guidelines for pricing disposition sites above the base prices set forth in Se~ lion 2~ herein, to reflect, at its discretion, the characteristics of the proposed use, the location and size of the development parce~ and the prevailing market condi- tions at time of sale. Section 4. That the Disposition Plan attached as Exhibit A to the Memoran. dum of Agreement dated August 17, 1981 between the City of Dubuque, Iowa and Dubuque In-Future, Inc. is hereby amended by including therein the statement off, ir market value az set forth above, for the period commencing one year from the date of this Resolu- tion, according to requirements of Sec- tion 6 of the aforesaid Memorandum of Agreement. Passed, adopted and approved this 18th day of March, 1985. James E. Brady Mayor 220 Special Sessio~, March 18, 1985 ATTEST: Mary A. Davis City Clerk Council Member Beurskens moved adoption of the Resolution. Seconded by Council Member Kluesner. Carried by the following vote: Yeas--Mayor Brady, Council Mem- bets Beurskens, Deich, Hammel Kluesner. Kronfeldt, Manning. Nays--None, Communication of City Manager re questing approval for the Mayor to ex- ecute a Consent Agreement relating to Dubuque Greyhound Park Sign, presented and read. Council Member Beurskens moved that the communica- tion be received and filed and execution of Agreement approved. Seconded by Council Member Kronfeldt. Carried by the following vote: Yeas--Mayor Brady, Council Mem- bers Beurskens, Deich, Hammel Khiesner, Krunfeldt, Manning. Nays--None. Communication of City Manager questing approval for the construction of the fifth kennel and authorizing and directing the Mayor to sign the Con- sent Agreement, presented and read. Council Member Beurskens moved that the communication be received and fil- ed and execution of Agreement approv~ ed. Seconded by Council Member Kluesner. Carried by the following vote: Yeas--Mayor Brady, Council Mem- bets Beurskens, Deich, Hammel. Khiesner, Krunfeldt, Manning. Nays--None. Communication of City Manager re- questing Mayor be authorized to ex- ecute an Agreement with the Dubuque Humane Society for animal impound- ment services for period from July 1, 1984 extending through June 1, 1986, presented and read. Council Member Khisener moved that the communica- tion be received and filed and approved execution of Agreement. Seconded by Council Member Beurskens. Carried by the following vote: Yeas--Mayor Brady, Council Mem- bers Beurskens, Deich, Hammel, I~uesner, Kronfeldt, Manning. Nays--None. Cnaununication of City Manager recommending approval of a develop- merit agreement providing financial assistance to Aba Sys, Inc., presented end read. Council Member Kluesner moved that the Communication to received and filed. Seconded by Council Member Beurskens. Carried by the following vote: Yeas--Mayor Brady, Council Mem- bers Beurskens, Deich, Hammel, Kluesner, Kronfeldt, Manning. Nays--None. RESOLUTION NO. 8385 A Resolution (1) approving a Develop- ment Agreement between the City of Dubuque, Iowa, and AhaSys, Inc. providing terms and conditions Ior the investment of $50,000 of Community Development Block Grant Funds, (2) Authorizing and directing the Mayor · to sign said agreement on behalf of the City of Dubuque, znd (3) Authorizing and directing the City Manager to disburse Community Development Block Grant Funds in conformance with said agreement. WHEREAS, AhaSys, Inc.. a Dubu- que Corporation desires to carry out the development and marketing of specific computer software systems; and WHEREAS, The City of Dubuque believes the pursuit of such activities will benefit the City of Dubuque by in- creasing employment opportunities within and yielding additional tax WHEREAS. in order to secure such benefits, the City of Dubuque is .willing to provide AbaSys, Inc. with financial assistance needed for such activities; and WHEREAS, AhaSys, Inc. desires to obtain such financial assistance and has presented a Development Agreement setting forth terms and conditions for NOW, THEREFORE~ BE IT RE- SOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE. IOWA: Section 1. That the Development Agreement attached hereto and by this reference made a part hereof is hereby approved by the City Council of ~he Cf- Special Sessio~ ty of Dubuque, Iowa. Section 2. That the Mayor and City Clerk be and they are hereby and directed to execute said Agreement on behalf of the City of Dubuque. Section 3. That the City Manager be and he is hereby~ authorized and directed to disburse up to $50,000 in funds according to the Development Agreement from the City's Communi- ty Development Block Grant Funds. Passed, adopted and approved this 18th day of March, 1985. James E. Brady Mayor ATTEST: Mary A. Davis City Clerk Council Member Khiesner moved adoption of the Resolution. Seconded by Council Member Beurskens. Car- ried by the following vote: Yeas--Mayor Brady, Council Mem- bers Beurskens, Deich, Kinesner, Man- ning. Nays--Council Member Hammel. Abstain--Council Member Kron- feldt. RESOLUTION NO. 84-85 "Resolution authorizing the issuance and sale of Industrial Development Revenue Bond (prommelt Partnership Project II) of the City of Dubuque, Iowa, in the principal amount of $760,000; the execution and delivery of a Lender Loan Agreement with First National Bank of Dubuque, Dubuque, Iowa providing the terms and sale of such bond; the execution and delivery of a Loan Agreement with Frummelt Partnership providing for the repayment of the loan of the proceeds of such bond, and related matters", WHEREAS, the City of Dubuque, in the County of Dubuque. State of Iowa (the "Issuer") is an incorporated municipality authorized and em- powered by the provisions of Chapter 419 of the Code of Iowa, 1983, as mnended Ithe "Act") to issue revenue bonds for the purpose of financing the cost of acquiring, by construction or purchase, land, buildings, ira- March 18, 1985 221 provements and equipment, or any in- terest therein, suitable for the use of any industry or industries for the manufacturing, process'rog or assembl- ing of any agricultural or manufac- tured products or of any commercial enterprise engaged in storing, warehousing or distributing products of agriculture, mining or industry, or of a national, regional or divisional headquarters facility of a company that does muitistate business; and WHEREAS, the Issuer has made the necessary arrangements with Frummelt Partnership (the "Com- pany"), an Iowa general partnership, for the acquisition by construction or purchase of an approximately 28,000 square foot building, equipment and improvements suitable for use as a warehouse/manufacturing addition to an existing facility to be leased to Fronunelt Industries, Inc. for the manufacture of loading dock shelters, impact doors, safety equipment Ifire resistant fabrications) and other heavy textile products (the "Project"), located at 4343 Chavenelle Drive within the corporate boundaries of the Issuer; and WHEREAS, it is necessary and ad- visable that provisions be made for the issuance of Industrial Development Revenue Bond, Series 1985 (Frummelt Partnership Project II) of the Issuer in the principal amount of 5760,000 (the "Bond") as authorized and permitted by the Act to finance the cost of the Project to that amount; and WHEREAS, the Issuer will loan the proceeds of the Bond to the Company pursuant to the provisions of a Loan Agreement dated as of March 1, 1985 (the "Loan Agreement") between the Issuer and the Company the obilga- tion of which will be sufficient to pay the principal of, redemption premium, if any, and interest on the Bond as and when the same shall be due and payable; and WHEREAS. the Bond will be sold pursuant to and secured as provided by a Lender Loan Agreement to be dated as of March 1, 1985 (the "Lender Lean Agreement") by and between the Issuer and First National Bank of Dubuque, Dubuque. Iowa (the "Lender"); and WHEREAS, the rights of the Issuer in and to the Loan Agreement are 222 Special Session, March 18, 1985 assigned to the Lender under the Lender Loan Agreement; and WHEREAS, notice of intention to issue the Bonds has been published and this Council has conducted a public hearing pursuant to such published notice, ali as required by the Act and Section 1031kl of the Internal Revenue Code, and has determined that it is necessary and advisable to proeeed with the financing of the Pro- ject; and WHEREAS, tha Issuer has arrang- ed for the sale of the Bond to the Lender; NOW, THEREFORE, BE IT RE- SOLVED by the City Council of the Issuer, as follows: Sectinnl. Authori~mtinn o! the Bond. In order to finance the cost of the Pro- ject, the Bond shall be and the same is hereby authorized, determined and ordered to be issued in the principal amount of $7~0,000. The Bond shall be issued in fully registered form, numbered R-1, and shall be dated as of the date of issuance and delivery thereof and shall be executed, shall be in such form, shall be payable, shall have such prepayment provisions, shall bear interest at such rates, and shall be subject to such other terms and condiHons as are set forth therein and in the Lender Loan Agreement and Loan Agreement. The Bond and the interest thereon do not and shall never constitute an indebtedness of or a charge against the general credit or taxing power of the Issuer, but are limited obligations of the Issuer payable solely from revenues and other amounts derived from the Loan Agree- ment and the Project and shall be secured by an assignment of the Loan Agreement and the revenues derived therefrorx Forms of the Lender Loan Agreement, the Bond and the Loan Agreement are before this meeting and by this reference incorporated in this Bond Resolution, and the City Clerk is hereby directed to insert them into the minutes of the City Council and to heep them on file. Section 2. Lender Loan Agreement; Sale of the Bond. In order to provide for the sale of ~he Bond to the Lender and the conditions with respect to the delivery thereof, the Mayor and City Clerk shall execute acknowledge and deliver in the name and on behalf of the Issuer, the Lender Loan Agreement in substantially the form submitted to the City Counci~ which is hereby ap- proved in all respects. The sale of the Bond to the Lender is hereby approved and the Mayor and City Clerh of the Issuer are hereby authorized and dircetod to deliver the Bond to the Lender. Deposit by the Lender to the credit of the Issuer of the purchase price, namely $760,000, in immediately available funds at the office of the Lender shall cons tituto payment in full for the Bond pursuant to Section 1.02 of the Lender Loan Agreement, The Lender shall be authorized as the Issuer's depository and agent to ira- mediately deposit such purchase price in the Project Fund established by Sec- tion 1.03 of the Lender Loan Agree- merit to effect the making of the loan of the proceeds of sale of the Bond to the Company pursuant to Section LO2 of the Lender Loan Agreement. Section 3. Repayment of Loan. The Loan Agreement requires the Com- pany in each year to pay amounts as loan payments sufficient to pay the prinalpal of, redemption premium, if any, and interest on the Bond when and as due and the payment of such amounts by the Company to the Lender pursuant to the Loan Agree- ment is hereby authorized, approved and confirmed. Section 4. Loan Agreement. In order to provide for the loan of the proceeds of the Bond to acquire and equip the Project and the payment by the Com- pany of an amount sufficient to pay the principal of and premium, if any, and interest on the Bond, the Mayor and City Clerk shall execute, and deliver in the name and on behalf of the Issuer the Loan Agraement in substan- tially the form submitted to the City Council which is hereby approved in all respects. Section 5. Statement of Election. The Issuer hereby elects to have the prowsions of Section 103(b)(6)(D) of the fnternal Revenue Code of 195~ as amended, apply to the Bong and the Mayor and City Clerk are hereby directed to file or cause to be filed an appropriate statement relating to such ~lection with the InternalRevenue Sec~ Section 6. Miscellaneous. The Mayor and/or the City Clerk are hereby Special Session, Msrch 18, 1985 authorized and directed to execute, at- test, seal and deliver any and all documents and do any and all things deemed necessary to effect the is- suance and sale of the Bond and the execution and delivery of the Loan Agreement and the Lender Loan Agreement, and to carry out the intent and purposes of this resolution, in- cluding the preamble hereto. Section 7. Reverability. The provi- sions of this resolution are hereby declared to be separable and if any sec- tion, phrase or provislans shall for any mason be declared to be invalid, such declaration shall not affect the validity of the remainder of the sections, phrases and provisions. Section 7. Repealer. All resolutions and parts thereof in conflict herewith are hereby repealed to the extent of such conflict. Section 8. Effective Date. This resolution shall become effective ira- mediately upon ndoptior~ Passed, adopted and approved this 18th day of March, 1985. James E. Brady Mayor ATTEST: Mary A. Davis City Clerk Council Member Beurskens moved adoption of the Resolution. Seconded by Council Member Kluesner. Carried by the following vote: Yeas--Mayor Brady, Council Mem- bers Beurskens, Deich, Hammel, gluesner, Kronfeldt, Manning. Nays--None, Communication of City Manager sub- mitring Ordinance providing for an Amendment to Section 21-19 of the Code of Ordinances (Human Rights), presented and read. Council Member Kluesner moved that the communica. t~on be received and filed. Seconded by Council Member Beurskens. Carried by the following vote: Yeas--Mayor Brady, Council Mem- hers Beurskens, Deich, Hammel, Kluesner, Kronfeldt, Manning. Nays--None. 223 ORDINANCE NO. 17~5 An ORDINANCE Amending the Code of Ordinances by enacting a new Section 21-19 in lieu thereof providing for the election of officers for the Human Rights Commission, presented and read. Counc'd Member Kluesner moved that the reading just had be considered the first reading of the Ordinance. Seconded by Council Member Beur- skens. Carried by the following vote: Yeas--Mayor Brady, Council Mem- bers Beurskens, Deich, Hammel, I~uesner, Kronfeldt, Manning. Nays--None. Council Member Kluesner moved that the rule requiring an Ordinance to he presented and read at two meeUnags prior to the meeting when final action is taken he dispensed with. Seconded by Council Member Beurskens. Carried by the following vote: Yeas--Mayor Brady, Council Mem- bers Beurskens, Deich, Hammel, Kluesner, Kronfeldt, Manning. Nays--None. ORDINANCE NO. 174~5 AN ORDINANCE AMENDING THE CODE OF ORDINANCES OF THE CITY OF DUBUQUE, IOWA BY REPEALING SECTION 21~19 THEREOF AND ENACTING A NEW SECTION 21-19 IN LIEU THEREOF PROVIDING FOR THE ELECTION OF OFFICERS FOR THE HUMAN RIGHTS COMMIS- SION. NOW THEREFORE, BE IT ORDAINED BY THE CITY OF DUBUQUE, IOWA: Section 1. That the Code of Ordi- nances of the City of Dubuque, Iowa he amended by repealing Section 21- 19 thereof and enacting a new Section 21q9 in lieu thereof as follows: "Sec. 21-19. Officers. The Commission created by this ArC, cie shall elect from its own mem- bership, at its regular July meeting, its Chairperson and Vice-Chairperson, each to serve a term of one year. It shall, at its regular July meeting, elect a Secretary, who may be, but need not bec a mcanber of the Commission. The Commission shall fill vacancies among its officers for the remainder of the unexpired term." Passed, approved and adopted this 18th day of March, 1985. James E. Brady Mayor 224 Special Session March 18, 1985 ATTEST: Mary A. Davis City Clerk Published officially in the Telegraph Herald newspaper this 25th day of March, 1985. Mary A. Davis City Clerk It 3/25 Council Member Kluesner moved final adoption of the Ordinance. Seconded by Council Member Beur- skens. Carried by the following vote: Yeas--Mayor Brady, Council Mem- bers Beurskens, Deich, Hammel, Kluesner, Kronfeldt, Manning. Nays--None. ORDINANCE NO. 18-85 An ORDINANCE Amending the Cede of Ordinances of the City of Dubu- que~ Iowa, by Repealing Section 2-21 thereof and enacUmg a new Section 2-21 in lieu thereof providing for the Com- pensation of the Mayor and Council Members, said Ordinance having been presented and read at the Cnancil Meet'rags of February 25th and March 4th, presented for final action. ORDINANCE NO. 18-85 AN ORDINANCE AMENDING THE CODE OF ORDINANCES OF THE CITY OF DUBUQUE, IOWA, BY REPEALING SECTION 2-21 THEREOF AND ENACTING A NEW SECTION 2-21 IN LIEU THEREOF PROVIDING FOR THE COMPENSATIO N OF TIE MAYOR AND COUNCIL- MEMBERS. NOW THEREFORE, BE IT ORDAINED BY THE CITY COUN- CIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the Code of Ordi- nances of the City of Dubuqe, Iowa be amended by repealing Section 2-21 thereof and enacting a new Section 2- 21 in lieu thereof as follows: ~Sec. 2-21. Compensation (a) The compensation for the Mayor shall be three thousand five hundred dollam ($3,500.00) per annum and the compensation for Councilmembers shah be four thousand two hundred dollars ($4,200.00) per annum. (b) Effective January 1, 1986, the compensation for the Mayor shall be six thousand five hundred dollars ($6,500.00) per annum and the eom- pensation for Councihnembers shall be five thousand two hundred dollars ($5,200.00) per annum. (c) Effective January 1, 1988, the compensation for the Mayor shall be seven thousand eight hundred dollars ($7,800.00) per annum. PASSED, APPROVED AND ADOPTED this 18th day of March, 1985. James E. Brady Mayor ATTEST: Mary A. Davis City Clerk Published officially in the Telegraph Herald newspaper this 25th day of March, 1985. Mary A. Davis City Clerk It 3/25 Council Member Hammel moved final adoption of the Ordinance. Seconded by Council Member Deich. Carried by the following vote: Yeas--Mayor Brady, Council Members Deich, Hammel, Manning. Nays--Council Members Beorskens, Kluesner, Kronfeldt. BOARDS AND COMMISSIONS: Upon consensus it was decided to hold off appointment to the Planning & Zon- · lng Commission until term expiration date of May 24, 1985. Historic Preservation Conunlssion: Council Member Kronfeldt moved that Roger Osborne and Dean Ibsen be ap- pointed to the Historic Preservation Commission on behalf of the Historic Society and the Jackson Park area respectively, said unexpired term to ex- plre 6-29-86. Seconded by Council Member Dcich. Carried by the follow- ing vote: Yeas--Mayor Brady, Council Mem- bers Beurskena, Deich, Hammel, I~]uesner, Kronfeldt, Marning. Nays--None. RESOLUTION NO. 85-85 BE IT RESOLVED by the City Council of the City of Dubuque, Iowa, Special Session March 18, 1985 225 that the following having complied with the provisions of law relating to the sale of Cigarettes within the City of Dubuque, Iowa, be granted a permit to sell Cigarettes and Cigarette Papers within said City. ~lla E. Mangeno d/b/a THE BAR 1399 Jackson St. Passed, adopted and approved this 18th. day of March, 1985. James E. Brady Mayor ATTEST: Mary A. Davis City Clerk Council Member Beurskens moved adoption of the Resolution. Seconded by Council Member Kluesner. Carried by the following vote: Yeas--Mayor Brady, Council Mem- bers Beurskens, Deich, Hamme] Kluesner, Kronfeldt, Manning. Nays--None. RESOLUTION NO. 86-85 WHEREAS, Applications for Beer Permits have been submitted and filed to this Council for approval and the same have been examined and approv- ed; and WHEREAS, The premises to be oc- cupied by such applicants were hi- spected and found to comply with the Ordinances of this City and have flied proper bonds; NOW THEREFORE BE IT RESOLVED, By the City Council of the City of Dubuque, Iowa, that the Manager be authorized to cause to be issued to the following named ap. pllcants a Beer Permit. Passed, adopted and approved this 18th day of March, 1985. James E. Brady Mayor ATTEST: Mary A. Davis City Clerk Council Member Beurskens moved adoption of the Resolution. Seconded by Council Member Kluesner. Carried by the following vote: Yeas--Mayor Brady, Council Mem- bers Beurskens, Deich, Hammel, Kluesner, Kronfeldt, Manning. Nays--None. RESOLUTION NO. 87-85 WHEREAs. Applications for Liquor Licenses have been submitted to this Council for approval and tlie same have been examined and approved; and WHEREAS, The premises to be oc- cupied by such applicants were in- spected and found to comply with the State Law and ali City Ordinances rele- vant thereto and they have filed proper bonds; NOW, THEREFORE, BE IT RE- SOLVED, By the City Council of the City of Dubuque, Iowa, that the Manager be authorized to cause to be issued to the fonowing named ap- plieante a Liquor License. CLASS "C" /COMMERCIAL) Passed, adopted and approved this 18th day of March, 1985. James E. Brady Mayor ATTEST: Mary A. Davis City Clerk Council Member Beurskens moved adoption of the Resolution, Seconded by Council Member Kluesn~r. Carried by the following vote: 226 Special Session, March 18, 1985 Yeas--Mayor Brady, Council Mem- bers Beurskens, Deich, Hammel, I~uesner, Kronfeldt, Manning. Nays--None. MINUTES SUBMITTED: Ad Hoc Dock Committee of 2-27 & 3.6; Cable Community Tsieprogramming Com- mission of 3-5; Equipment and Training Committee of Tsieprogeamming Com- mission of 2-15; Promotion Committee of Teleprogranunlng Commission of 2-7; Historic Preservation Commission of 2-21; Human Rights Commission of 2-25; Dubuque In-Futoro, Inc. of 3-1, 3-5 & 3-12; Public Library Board of 2~5 & 2-19; Transit Board Ear~nge State- rcent for month of January, 1985; Plan- nlng & Zoning Comm. of 3-6, presented and read. Council Member Krenfeldt moved that the minutes be received and filed. Seconded by Counc'd Member Beurskens. Carried by the following vote: Yeas--Mayor Brady, Council Mem- bers Beurskens, Deich, Hammel, Kluesner, Kron~eldt, Manning. Nays--Nune. Communication of Corporation Counsel Lfudahl recommending denial of property damage ciahn of Audio Techniques; Property damage claim of l~bert Prine; Property damage claim of Gerald Tott, presented and read. Coun- cil Member Kronfeldt moved that the communications be received and filed ~md denials approved. Seconded by Council Member Beurskens. Carried by the following vote: Yeas--Mayor Brady, Council Mem- bets Beurskens, Deich, Hammal, Kluesner, Kronfeldt, Manning. Nays--None. NOTICES OF CLAIMS & SUITS: Ar~el Austin, in est. amount of $798.68 for car damages; Jeffrey S. Fink in est. amount of $1,000 for car damages; Mike Hubbs in est. amount of $229.04 for backed-up sewer damages; Robert Kramer in amount of $130 for car damages; Michelle L. Kuntz in amount d $915.50 for car damages; Harold C. Schn~dt in amount of $210.33 for car damages; Herbert W. Helms in est. amount of $825 for personal injuries, presented and read. Council Member Kronfcidt moved that'the claims and suits be referred to the Legal Staff for investigation and report. Seconded by Council Member Beurskens. Carried by the fonowlng vote: Yeas--Mayor Brady, Council Mem- bers Beurskens, Deich, Hammel, Kluesner, Kronfeldt, Manning. Nays--None. REFUNDS REQUESTED: Earl G. Corbett, $18.75 for unexpired Beer Per. mit and $25 on unexpired Cigarette Permit, presented and read. Councll Member Kronfeldt moved that the refunds be approved and Finance Direc- tor directed to issue the proper checks. Seconded by Council Member Bear- skens. Carried by the following vote: Yeas--Mayor Brady, Council Mem- bets Beurskens, Deich, Hammel, Kluesner, Kronfeldt, Manning. Nays--None. Iowa DOT advising of bridge repair project on primary read on U.S. 52 to be let on May 7, 1985, presented and read. Council Member Kronfsidt moved that the communication be received and filed. Seconded by Council Member Bearskens. Carried by the following vote: Yeas--Mayor Brady, Council Mem- bers Beurskens, Dalch, Hammel, Kluesner, Kronfsidt, Manning. Nays--None. Communications of John R. Fried- man, Lefty Findiey and Dubuque Coun- ty Conservation Society objecting to barges mooring at the "Chaplain Schr~tt City Island", presented and read. Council Member Kronfeldt moved that the communications be received and filed. Seconded by Counc'd Member Beurskens. Carried by the following vote: Yeas--Mayor Brady, Council Mem- bers Beurskens, Deich, Hammel, I~luesner, Kronfeldt, Manning. Nays--None. Corcanunication of Housing and Ur- ban Development advising of addi- ~onal receipt of funds in the amount of $50,000, presented and read. Council Member Kronfsidt moved that the com- munication be received and filed. Seconded by Council Member Beur- skens. Carried by the following vote: Yeas--Mayor Brady, Council Mem- bers Beurskens, Delch, Hammal, Eluesner, Kronfeldt, Manning. Special Session Nays--None. Communication of United States DOT submitting Order requiring resumption of essential air service and requesting carrier proposals, presented and read. Council Member Kronfeldt moved that the communica- ton be received and filed. Seconded by Council Member Beurskens. Carrie, by the following vote: Yeas--Mayor Brady, Council Merr bers Beurakens, Deich, Hammel Riuesner, Kronfeldt, Manning. Nays--None. Communieation of City Manager questing Clerk be authorized to publish required Notice governing the use of Federal Revenue Sharing Funds, presented and read. Council Member Kronfeldt moved that the communica- t~on be received and filed and approved authorization. Seconded by Council Member Bearskens. Carried by the following vote: Yeas--Mayor Brady, Council Mem- bers Beurskens, Deich, Hammel, Kluesner, Kronfeldt, Manning. Nays--None. Communication of Attorney Dave Setter, on behalf of T~i-State Paving, requesting Contractors Improvement Bond be cancelled and released of record for the Oak Brook Development Project, presented and read. Council Member Kronfeldt moved that the com- mardcation ha referred to the City Manager for investgaton and report. Seconded by Council Member Beur- skens. Carried by the following vote: Yeas--Mayor Brady, Council Mem- bers Beurakens, Deich, Hammel, gluesner, Kronfeldt, Manning. Nays--None. Communication of Plarm~ng and Zon- lag Commission approving final plats of Subdivision of Lot 1-1-1 and Subdivi- sion of Lot 1-1-1-1 both of Block i of River Front Sub& No. 5 west of flood- wall and south of Dubuque Marina, l~esented and read. Council Member Kronfeldt moved that the communica- lion be received and filed. Seconded by Council Member Beurskens. Carried by the following vote: Yeas--Mayor Brady, Council Mem- bers Beurskens, Deich, Hammel, March 18, 1985 227 Kluesner, Kronfeldt, Manning. Nays--None. RESOLUTION NO, 88-85 A Resolution approving the final plat of the Subdivision of Lot 1 of Lot 1 of Lot 1, Block 1, "River Front Subdivision No. 5" in the City of Dubuque, Iowa. WHEREAS, there has been filed w~th the City Clerk a final plat of the Subdivision of Lot 1 of Lot 1 of Lot 1, Block 1, "River Front Subdivision No. 5" in the City of Dubuque, Iowa; and WHEREAS, said final plat has been examined by the City fil~ming and Zoning Commission and had its proval endorsed thereon; and WHEREAS, said final plat has been examined by the City Council, and the City Council finds that the same con- forms to statutes and ordinances relat'mg thereto. NOW, THEREFORE, BE IT RE- SOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the final plat of the Subdivision of Lot 1 of Lot I of Lot 1, Block 1, "River Front Subdivision No. 5" in the City of Dubuque, Iowa be and the same is hereby approved, and the Mayor and City Clerk are hereby authorized and directed to endorse the approval of the City of Dubuque, Iowa upon said pla~ Passed, adopted and approved this 18th day of March, 1985. James E. Brady Mayor ATTEST: Mary A. Davis City Clerk Council Member Kronfeldt moved adoption of the Resolution. Seconded by Council Member Beurskens. Carried by the following vote: Yeas--Mayor Brady, Council Mem- bets Beurskens, Deich, Hammel, Kluesner, Kronfeldt, Manning. Nays--None. RESOLUTION NO. 89-85 228 Special Session March 18,1985 A Resolution approving the final plat of the Subdivision of Lot 1 of Lot 1 of Lot 1 of LOt 1, Block 1, "River Front Subdivision No. 5" in the City of Dubuque, Iowa. WHEREAS, there has been filed with the City Clerk a final plat of the Subdivision of Lot 1 of Lot 1 of Lot 1 of Lot 1, Block 1, "River Front Sub- division No. 5" in the City of Dubuque, Iowa; and WHEREAS, said final plat has been examined by the City Planning and Zoning Commission and had its ap- proval endorsed thereon; and WHEREAS, said final plat has been examined by the City Council, and the City Council finds that the same con- forms to statutes and ordinances relating thereto. NOW, THEREFORE, BE IT RE- SOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the final plat of the Subdivision of Lot I of Lot i of Lot i of Lot 1, Block 1, "River Front Subdivi- sion No. 5" in the City of Dubuque, Iowa be and the same is hereby ap- proved, and the Mayor and City Clerk are hereby authorized and directed to endorse the approval of the City of Dubuque, Iowa upon said plak Passed, adopted and approved this 18th day of March, 1985. James E. Brady Mayor ATTEST: Mary A. Davis City Clerk Council Member Kronfeldt moved adoption of the Resolution. Seconded by Council Member Beurskens. Car- tied by the following vote: Yeas--Mayor Brady, Council Mem- bers Beurskens, Deich, Hammel, Kinesner, Kronfeldt, Manning. Nays--None. Cedar Rapids Television Co. submit- ting reply in the matter of KDUB-TV, Inc. petition for waiver of Section 76.921g) of the Commission's rules, presented and read. Council Member Kronfeldt moved that the communica- tion be received and filed. Seconded by Council Member Beurskens. Carried by the following vote: Yeas--Mayor Brady, Council Mem- bers Beurskens, Deich, Hammal, I/]uesner, Kronfeldt, Manning. Nays--None. City Manager submitting financial reports of the City for the month of February, 1985, presented and read. Council Member Kronfsidt moved that the reports be received and filed. Seconded by Council Members Beur- /~ens. Carried by the following vote: Yeas--Mayor Brady, Council Mem- bers Beurskens, Deich, Hammel, Bluesner, Kronfeldt, Manning. Nays--None. Communication of Corporation Counsel Lindab] recommending settle, ment in the amount of $2,000 for per- sonal injuries claim of Judy Garner, pre~ented and read. Council Member Kronfeldt moved that the connnuniea- tion be received and filed and ecttl~- ment approved with the Finance Direc- ter to issue the proper check. Seconded by Council Member Beurskens. Carried by the foilowing vote: Yeas--Mayur Brady, Council Mem- bers Beurskens, Deich, Hammel, I/luesner, Krunfeldt, Manning. Nays--None~ 9:12p.m. Council Member Kinesner moved to go into Closed Session in ac- ordance with Chapter 28.A(5c) Code of Iowa. Seconded by Council Member Beurskens. Carried by the following vote: Yeas--Mayor Brady, Council Mem- bers Beurskens, Deich, Hammel, Kluesner, Kronfsidt, Manning. Nays--None. 9:35p.m. Council reconvened and Mayor stated direction was given to the Legal Staff regarding imminent litiga- tion. There being no further business, Council Member Kronfeldt moved to adjourn. Seconded by Council Member Deich. Carried by the following vote: Yeas--Mayor Brady, Council Mem- bers Beurskens, Deich, Hammel, I~uesner, Kronfeldt, Manning. Nays--None. Special Session Meeting adjourned 9:38 Mary A. Davis City Clerk Approved Adopted _1985 .1985 Mayor Council Members ATTEST: City Clerk March 18, 1985 229