Adoption of Supplement Numbers 2024 S-13 and S-14City of Dubuque
City Council
CONSENT ITEMS # 22.
Copyrighted
November 18, 2024
ITEM TITLE: Adoption of Supplement Numbers 2024 S-13 and S-14
SUMMARY: City Clerk recommending City Council approval of the
resolution adopting Supplement Numbers 2024 S-13 and S-
14 as part of the Code of Ordinances of the City of Dubuque.
RESOLUTION Adopting Supplement Nos. 2024 S-13 And S-
14 To The Code Of Ordinances Of The City Of Dubuque,
Iowa
SUGGUESTED Receive and File; Adopt Resolution(s)
DISPOSITION:
ATTACHMENTS:
1. Staff Memo
2. Resolution
3. City Code Online Preface
4. Supplement No S-13 2024
5. Supplement No S-14 2024
Page 534 of 1454
THE CITY OF
DUB FE
Masterpiece on the Mississippi
Dubuque
All -Mena Clq
2007-2012.2013
2017*2019
City Clerk's Office
City Hall
50 W. 1311 Street
Dubuque, IA 52001-4864
(563) 589-4120 office
(563) 589-0890 fax
ctyclerk@cityofdubuque.org
www.cityofdubuque.org
TO: Mayor Brad M. Cavanagh and City Council Members
FROM: Adrienne N. Breitfelder, City Clerk
SUBJECT: Adoption of Supplement Numbers 2024 S-13 and S-14 to the City of
Dubuque Code of Ordinances
DATE: November 8, 2024
The attached resolution provides for the adoption of Supplement Numbers S-13 of April
2024 and S-14 of October 2024 to the City of Dubuque Code of Ordinances, which
codifies all ordinances through 57-24 as adopted by the City Council through September
16, 2024.
Section 380.8 of the Iowa Code outlines cities code of ordinance requirements:
380.8 Code of ordinances published
1. a. A city shall compile a code of ordinances containing all the city ordinance in effect,
except grade ordinances, bond ordinances, zoning map ordinances, ordinances vacating
streets and alleys, and ordinances containing legal descriptions of urban revitalization
areas and urban renewal areas.
b. A city may maintain a code of ordinances either by compiling at least annually a
supplement to the code of ordinances consisting of all new ordinances and amendments
to ordinances which became effective during the previous year and adopting the
supplement by resolution or by adding at least annually new ordinances and amendments
to ordinances to the code of ordinances itself.
Since August 17, 2009, the city has compiled supplements to the City of Dubuque Code
of Ordinances consisting of all new ordinances and amendments to ordinances and
adopted the supplements by resolution. Supplements are prepared on a quarterly basis
by American Legal Publishing of Cincinnati, Ohio.
Supplement Number S-13 was originally provided in May but was inadvertently omitted
for adoption due to a miscommunication that was noticed upon the recent arrival of S-14.
Page 535 of 1454
Therefore, both supplements are now being submitted together for approval through the
attached resolution.
The paper version of Supplement Number S-14 contains an incorrect date in the preface
for the most recent ordinance adoption. After being notified, American Legal Publishing
corrected the date on the City Code of Ordinances website and confirmed the correction
will appear in the next printed supplement. A PDF of the city code's online preface,
indicating the correct date, is enclosed.
I respectfully request City Council approval of the resolution adopting Supplement
Numbers 2024 S-13 and S-14 as part of the Code of Ordinances of the City of Dubuque.
Page 536 of 1454
Prepared by Adrienne N. Breitfelder, City Clerk 50 W. 1311 St. Dubuque IA 52001 (563) 589-4100
Return to Adrienne N. Breitfelder, City Clerk, 50 W. 13" St., Dubuque, IA 52001, (563) 589-4100
RESOLUTION NO. 373-24
ADOPTING SUPPLEMENT NOS. 2024 S-13 AND S-14 TO THE CODE OF
ORDINANCES OF THE CITY OF DUBUQUE, IOWA
Whereas, under date of August 17, 2009, the City Council, pursuant to Ordinance No.
43-09, readopted the Code of Ordinances of the City of Dubuque, Iowa in its entirety; and
Whereas, since August 17, 2009, the City of Dubuque, Iowa has compiled supplements
to the Code of Ordinances consisting of all new ordinances and amendments to
ordinances; and
Whereas, Section 380.8 of the Code of Iowa provides that supplements, adopted by
resolution, become part of the Code of Ordinances; and
Whereas, Code Supplements are prepared by the American Legal Publishing of
Cincinnati, Ohio and filed in the Office of the City Clerk of the City of Dubuque, Iowa; and
Whereas, Supplement No. S-13 was inadvertently omitted from adoption at the time of
its publication and is now being submitted together with Supplement No. S-14; and
Whereas, Supplement No. S-14 contains an incorrect date in the published version of
the preface that has been corrected on the City Code of Ordinances website and will be
corrected in the next printed supplement.
NOW THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. That Supplement Nos. 2024 S-13 and S-14 to the City of Dubuque Code of
Ordinances, which codifies all ordinances through 57-24 as approved by the City Council
through September 16, 2024, is hereby adopted, and becomes part of the Code of
Ordinances of the City of Dubuque, Iowa.
Passed, approved, and adopted this 18th day of November 2024.
Attest:
Adrienne N. Breitfelder, City Clerk
Code current through:
Ord. 57-24, passed 9-16-2024
Published by:
American Legal Publishing
525 Vine Street * Suite 310 * Cincinnati, Ohio 45202
1-800-445-5588 *www.amleaal.com
PREFACE
This code of the City of Dubuque, as supplemented, contains ordinances up to and including ordinance 57-24, passed September
16, 2024. Ordinances of the City adopted after said ordinance supersede the provisions of this code to the extent that they are in
conflict or inconsistent therewith. Consult the City office in order to ascertain whether any particular provision of the code has been
amended, superseded or repealed.
American Legal Publishing
Cincinnati, Ohio
Page 538 of 1454
REMOVE OLD PAGES
Cover Page
Preface
2-5B-1 through 2-5B-15 (5 pages)
4-7B-8B through 4-7B-8 (4 pages)
DUBUQUE, IOWA
Instruction Sheet
April 2024 - S-13 Supplement
INSERT NEW PAGES
VOLUME I
Cover Page
Preface
2-5B-1 through 2-5B-15 (5 pages)
4-7B-8B through 4-7B-8 (4 pages)
9-7 (CHAPTER 7 OPERATION...)
through 9-7 (2 pages)
9-7-321.285 (Over 20 miles...) through
9-7-321.293 (2 pages)
9-16-321.900 (over any street other...)
through 9-16-321.1000 (2 pages)
Cover Page
13-1C-1 through 13-1C-3 (4 pages)
13-2C-1 through 13-2C-5A (4 pages)
13-4-5 through 13-4-7A (2 pages)
13-6-1 through 13-6-9 (7 pages)
13-6A-1 through 13-6A-9 (11 pages)
16-2-3 (MANUFACTURING,
PRIMARY...) through 16-2-3
(NONCONFORMING BUILDING...)
(2 pages)
1IWIR11351311
1
9-7 (CHAPTER 7 OPERATION...)
through 9-7 (2 pages)
9-7-321.285 (Over 20 miles...) through
9-7-321.293 (8 pages)
9-16-321.900 (over any street other...)
through 9-16-321.1000 (2 pages)
Cover Page
13-1C-1 through 13-1C-3 (4 pages)
13-2C-1 through 13-2C-5A (4 pages)
13-4-5 through 13-4-7A (3 pages)
13-6-1 through 13-6-8 (6 pages)
13-6A-1 through 13-6A-12 (11 pages)
16-2-3 (MANUFACTURING,
PRIMARY...) through 16-2-3
(NONCONFORMING BUILDING...)
(2 pages)
Page 539 of 1454
2
REMOVE OLD PAGES
Dubuque, IA - Instruction Sheet
16-2-3 (YARD, REQUIRED) through
16-2-3 (1 page)
16-5-2-1 through 16-5-2-4 (2 pages)
16-5-3 through 16-5-3-7 (4 pages)
16-5-4 through 16-5-4-7 (4 pages)
16-5-5 through 16-5-5-7 (Hospice...)
(4 pages)
16-5-6 through 16-5-6-7 (Group Home...)
(4 pages)
16-5-7 through 16-5-7-6 (4 pages)
16-5-8 through 16-5-8-6 (2 pages)
16-5-9 through 16-5-12-1 (15 pages)
16-5-13-1 (Farm implement sales...)
through 16-5-13-7 (2. When abutting
a residential...) (4 pages)
16-5-14-1 (Furniture or home...)
through 16-5-14-2 (Restaurant, drive...)
(2 pages)
16-5-15-1 (Housing for the elderly...)
through 16-5-15-6 (3 pages)
16-5-16 through 16-5-16-1 (2 pages)
16-5-17-1 (Marine vehicle sales...)
through 16-5-17-6 (2 pages)
INSERT NEW PAGES
16-2-3 (YARD, REQUIRED) through
16-2-3 (1 page)
16-5-2-1 through 16-5-2-4 (2 pages)
16-5-3 through 16-5-3-7 (4 pages)
16-5-4 through 16-5-4-7 (4 pages)
16-5-5 through 16-5-5-7 (Hospice...)
(4 pages)
16-5-6 through 16-5-6-7 (Group Home...)
(4 pages)
16-5-7 through 16-5-7-6 (4 pages)
16-5-8 through 16-5-8-6 (2 pages)
16-5-9 through 16-5-12-1 (15 pages)
16-5-13-1 (Farm implement sales...)
through 16-5-13-7 (2. When abutting
a residential...) (4 pages)
16-5-14-1 (Furniture or home...)
through 16-5-14-2 (Restaurant, drive...)
(3 pages)
16-5-15-1 (Housing for the elderly...)
through 16-5-15-6 (3 pages)
16-5-16 through 16-5-16-1 (2 pages)
16-5-17-1 (Marine vehicle sales...)
through 16-5-17-6 (2 pages)
Page 540 of 1454
Dubuque, IA - Instruction Sheet
REMOVE OLD PAGES
INDEX
-M- (MOTOR VEHICLES... (Obedience
To And Effect...)) through -M-
(MOTOR VEHICLES... (Parking
Prohibited On...)) (2 pages)
-S- (SOLICITOR'S LICENSE)
through -T- (TRANSIT SYSTEM
(Compensation)) (2 pages)
BNB
4124
INSERT NEW PAGES
-M- (MOTOR VEHICLES.... (Obedience
To And Effect...)) through -M-
(MOTOR VEHICLES... (Parking
Prohibited On...)) (2 pages)
-S- (SOLICITOR'S LICENSE)
through -T- (TRANSIT SYSTEM
(Compensation)) (2 pages)
3
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CITY CODE
of
DUBUQUE
I OWA
Code current through:
Ord. 14-24, passed 4-15-2024
Published by:
AMERICAN LEGAL PUBLISHING
525 Vine Street O Suite 310 4 Cincinnati, Ohio 45202
1-800-445-5588 O www.amlegal.com
Page 543 of 1454
Page 544 of 1454
PREFACE
This code of the City of Dubuque, as
supplemented, contains ordinances up to and
including ordinance 14-24, passed April 15, 2024.
Ordinances of the City adopted after said ordinance
supersede the provisions of this code to the extent
that they are in conflict or inconsistent therewith.
Consult the City office in order to ascertain whether
any particular provision of the code has been
amended, superseded or repealed.
American Legal Publishing
Cincinnati, Ohio
April 2024
City of Dubuque
Page 545 of 1454
Page 546 of 1454
2-513-1 2-513-3
CHAPTER 5
HOUSING AGENCY AND COMMUNITY DEVELOPMENT COMMISSIONS
ARTICLE B. HOUSING COMMISSION
SECTION:
2-513-1:
Commission Created
2-513-2:
Purpose
2-513-3:
Internal Organization And Rules
2-513-4:
Procedures For Operation
2-513-5:
Membership
2-513-6:
Oath
2-513-7:
Terms
2-513-8:
Vacancies
2-513-9:
Officers/Organization
2-513-10:
Meetings
2-513-11:
Compensation
2-513-12:
Removal
2-513-13:
Powers
2-513-14:
Project Approval
2-513-15:
Monitor Housing Program; Conduct Hearings On Grievances
2-513-1: COMMISSION CREATED:
There is hereby created the housing commission. (Ord. 67-15, 10-19-2015)
2-513-2: PURPOSE:
The purpose of the commission is to undertake and carry out studies and analysis
of housing needs and the meeting of such needs; to recommend proposed projects
in the area of low and moderate income housing for the citizens of the city; to
monitor the city's housing programs; and to conduct grievances regarding the rental
assistance program, except in the area of property maintenance code enforcement.
(Ord. 31-16, 6-20-2016, eff. 7-1-2016)
2-513-3: INTERNAL ORGANIZATION AND RULES:
The commission may adopt rules and regulations to govern its organizational
November 2016
City of Dubuque
Page 547 of 1454
2-5B-3
2-5B-5
procedures as may be necessary and which are not in conflict with this code or the
Iowa Code. (Ord. 67-15, 10-19-2015)
2-513-4: PROCEDURES FOR OPERATION:
All administrative, personnel, accounting, budgetary, and procurement policies of
the city govern the commission in all its operations. (Ord. 67-15, 10-19-2015)
2-513-5: MEMBERSHIP:
A. Number: The commission comprises ten (10) residents of the city.
B. Age: Residents must be eighteen (18) years of age or older.
C. Special Qualifications:
1. At least three (3) members must be selected specifically on the basis of
experience in real estate development, banking, finance, accounting, funds
management, or other related areas of expertise.
2. One (1) member must be a person who is a recipient of tenant based
rental assistance under section 8 of the United States Housing Act of 1937,
whose name appears on a lease of section 8 property. If such member ceases
to be a recipient of rental assistance under section 8, the term of such member
is deemed terminated and a new member who meets the requirements of this
subsection must be appointed for the remainder of the term.
3. The remaining members are at -large members.
4. No property owner or landlord accepting Housing Choice Vouchers may
serve pursuant to 24 CFR 982.161 and Section 18 of the Annual Contributions
Contract.
5. Cross -Representation:
a. One (1) member must be appointed by the commission, with city
council approval, to serve on the community development advisory
commission.
b. One (1) member must be appointed by the commission, with city
council concurrence, to serve on the long range planning advisory commission.
(Ord. 74-15, 12-7-2015; amd. Ord. 5-21, 2-15-2021; Ord. 54-23, 12-4-2023)
April 2024
City of Dubuque
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2-5B-6
2-5B-10
2-513-6: OATH:
Each person, upon appointment or reappointment to the commission, must execute
an oath of office at the first meeting of the commission following the appointment
or reappointment or at the city clerk's office any time prior to the first meeting of the
commission. (Ord. 67-15, 10-19-2015)
2-513-7: TERMS:
The term of office for commissioners is three (3) years or until such commissioner's
successor is appointed and qualified. The terms of the cross representative
appointees to the community development advisory commission and the long range
planning advisory commission must coincide with their terms on the housing
commission. (Ord. 67-15, 10-19-2015; amd. Ord. 5-21, 2-15-2021)
2-513-8: VACANCIES:
Vacancies must be filled in the same manner as original appointments. (Ord. 67-15,
10-19-2015)
2-5 B-9: OFFICERS/ORGANIZATION:
The commissioners must choose annually a chairperson and vice chairperson, each
to serve a term of one year. The chairperson must appoint a secretary, who need
not be a member of the commission. The commissioners must fill a vacancy among
its officers for the remainder of the officer's unexpired term. (Ord. 67-15,
10-19-2015)
2-513-10: MEETINGS:
A. Regular Meetings: The commission must meet quarterly.
B. Special Meetings: Special meetings maybe called by the chairperson or at the
written request of a majority of the commissioners.
C. Open Meetings: All meetings must be called and held in conformance with the
Iowa open meetings law.
D. Attendance:
1. In the event a commissioner has been absent for three (3) or more
consecutive meetings of the commission, without being excused by the
April 2024
City of Dubuque
Page 549 of 1454
2-5B-10
2-5B-13
chairperson, such absence will be grounds for the commission to recommend
to the city council that the position be declared vacant and a replacement
appointed.
2. Attendance must be entered upon the minutes of all meetings.
E. Minutes: A copy of the minutes of all regular and special meetings of the
commission must be filed with the city council within ten (10) working days after
each meeting, or by the next regularly scheduled city council meeting,
whichever is later.
F. Quorum: Six (6) commissioners constitute a quorum for the transaction of
business. The affirmative vote of a majority of the commissioners present and
voting is necessary for the adoption of any motion or resolution. (Ord. 67-15,
10-19-2015; amd. Ord. 38-21, 11-1-2021)
2-513-11: COMPENSATION:
Commissioners serve without compensation, provided that they may receive
reimbursement for necessary travel and other expenses while on official
commission business within the limits established in the city administrative policies
and budget. (Ord. 67-15, 10-19-2015)
2-513-12: REMOVAL:
Except as provided in subsection 2-5B-10D1 of this chapter, the city council may
remove any commissioner for good cause. (Ord. 67-15, 10-19-2015)
2-513-13: POWERS:
The commission has the following powers, duties, and responsibilities:
A. To contribute as appropriate in the planning, coordinating, and review of
housing development;
B. To conduct public hearings to ensure meaningful citizen input in the planning,
implementation, and assessment of the city's housing programs;
C. To provide for and encourage the participation of low and moderate income
persons in the planning, implementation, and assessment of housing
programs;
April 2024
City of Dubuque
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2-5B-13
2-5B-15
D. To provide input into the community planning process and to assist in
accomplishing a coordinated and consistent housing development program of
the city in accordance with present and future housing needs;
E. To request and review ongoing surveys assessing housing needs and
identifying future community housing needs, particularly the needs of persons
of low and moderate income;
F. To support the efforts of the city council and other city commissions in the
assessment of the general housing needs of the community;
G. To undertake from time to time other specific ongoing housing planning which
may be referred to it by the city council;
H. To research and recommend to the city council policies and programs
facilitating the development of affordable housing;
To undertake public information efforts to educate citizens of the availability of
federal, state, and locally funded housing assistance programs;
J. To assist in the preparation of the housing element of the city comprehensive
plan and the annual consolidated plan; and
K. Undertake such additional duties, upon the request of the City Council. (Ord.
67-15, 10-19-2015; amd. Ord. 54-23, 12-4-2023)
2-513-14: PROJECT APPROVAL:
Any proposed low rent housing project is subject to the approval of the city council
and any project requiring a referendum as provided in the Iowa Code must be
submitted to the voters of the city in accordance with the Iowa Code. (Ord. 67-15,
10-19-2015)
2-513-15: MONITOR HOUSING PROGRAM; CONDUCT HEARINGS
ON GRIEVANCES:
The commission monitors the city's housing program and conducts hearings on
grievances arising out of the operation of such program with the exception of
property maintenance code enforcement which is handled by the housing board of
appeals. (Ord. 31-16, 6-20-2016, eff. 7-1-2016)
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City of Dubuque
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B. Driver's Permit Requirements; Fee:
1. Permit Required: No person may drive a taxicab for hire upon the streets
of the city and no person who owns or controls a taxicab may allow it to be so
driven, unless the driver of said taxicab holds a valid taxicab driver's permit
issued under the provisions of this article.
2. Application For Driver's Permit:
a. An application for a taxicab driver's permit must be filed with the city
clerk's office on a form provided by the city clerk.
b. An applicant operating a taxicab with a seating capacity of less than
seven (7) passengers must have, at a minimum, a valid Iowa class C
noncommercial license or equivalent license issued by another state to obtain
a taxicab driver's permit. An applicant operating a taxicab with a seating
capacity of greater than seven (7) passengers must have, at a minimum, a
valid Iowa class D chauffeur's license or equivalent license issued by another
state to obtain a taxicab driver's permit. Temporary restricted licenses or work
permit privileges are not sufficient to obtain a taxicab driver's permit.
c. An applicant will be ineligible for a taxicab driver's permit if any of the
following apply:
(1) The applicant is restricted to operating motor vehicles equipped
with an ignition interlock device.
(2) The applicant's driving privileges have been suspended, revoked,
barred, canceled, denied, or disqualified in the prior three (3) year
period.
(3) The applicant has been convicted of more than three (3) moving
violations in the prior three (3) year period.
(4) The applicant has been convicted of violating section 321.218,
321.277, or 321J.21, or section 321A.32, subsection 1, in the prior
three (3) year period.
(5) The applicant has been convicted in the prior seven (7) year
period of a felony, of violating section 321 J.2 or 321 J.2A, or of any
crime involving injury to another person, damage to the property of
another person, or operating a vehicle in a manner that endangers
another person.
(6) The applicant is registered on the national sex offender registry.
April 2024
City of Dubuque
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d. The chief of police will investigate each applicant for a taxicab driver's
permit and a report of such investigation will be attached to the application for
consideration by the city clerk. Such report will state whether the applicant has,
at a minimum, a valid Iowa class D-3 chauffeur's license or equivalent license
issued by another state.
3. Consideration Of Application: The city clerk will, in consultation with the
chief of police and upon consideration of the application and the required
reports attached thereto, approve or reject the application.
4. Issuance Of Permit; Duration; Annual Fee:
a. Upon approval of an application for a taxicab driver's permit, the city
clerk will issue a permit to the applicant upon the payment of the fee as
established by the city manager or the city manager's designee. Such permit
will be in effect for the remainder of the calendar year. The permit must be
renewed every calendar year thereafter upon the payment of the fee as
established by the city manager unless the license for the preceding year is
suspended or has been revoked.
b. The driver must wear the taxicab driver's permit upon the clothing of
the driver at all times while operating the taxicab.
5. Compliance With City, State, And Federal Laws: A taxicab driver permitted
under this article must comply with all city, state, and federal laws.
6. Denial, Suspension, Or Revocation Of Permit:
a. The city clerk may deny, suspend, or revoke a taxicab driver's permit
for good cause, including, but not limited to, any of the following:
April 2024
(1) Failure or refusal to comply with the provisions of this article;
(2) The taxicab driver is restricted to operating motor vehicles
equipped with an ignition interlock device;
(3) The taxicab driver's driving privileges have been suspended,
revoked, barred, canceled, denied, or disqualified in the priorthree (3)
year period;
City of Dubuque
Page 554 of 1454
(4) The taxicab driver has been convicted of more than three (3)
moving violations in the prior three (3) year period;
(5) The taxicab driver has been convicted of violating section
321.218, 321.277, or 321 J.21, or section 321 A.32, subsection 1, in the
prior three (3) year period;
(6) The taxicab driver has been convicted in the prior seven (7) year
period of a felony, of violating section 321 J.2 or 321 J.2A, or of any
crime involving resisting law enforcement, dishonesty, injury to
another person, damage to the property of another person, or
operating a vehicle in a manner that endangers another person;
(7) The taxicab driver is registered on the national sex offender
registry;
(8) Misrepresentation on the application for a taxicab driver's permit;
or
(9) Violations against or loss, denial, suspension, or revocation of a
taxicab driver's state of Iowa class D-3 chauffeur's license or
equivalent license issued by another state.
b. Priorto suspension or revocation, the taxicab driver must be given not
less than ten (10) days' written notice by the city clerk.
c. In the event of such denial, suspension, or revocation of a taxicab
driver's permit, no other taxicab driver's permit will be issued to such person for
a period of two (2) years thereafter.
7. Appeal: Within ten (10) days after written notice of the denial, suspension,
or revocation of a taxicab driver's permit, a taxicab driver may file with the city
clerk a written notice of appeal to the city manager from such revocation,
suspension, or denial. The city manager must provide the taxicab driver with
notice and an opportunity to be heard on the issue of whether the taxicab
driver's permit was properly revoked, suspended, or denied.
8. Personal Nature; Transferability: The taxicab driver's permit is personal to
the driver and may not be sold, assigned, mortgaged, or otherwise transferred.
9. Job Change: The taxicab driver's permit remains valid and personal to the
driver through a change of employment. If a taxicab driver becomes employed
by another taxicab company after the issuance of the taxicab driver's permit,
such a change of employment must be reported to the city clerk within fourteen
(14) days.
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10. Property Of City Clerk Upon Loss: If any taxicab driver's permit issued
under this article is lost or mislaid, the taxicab driver must report such fact to
the city clerk immediately. A duplicate permit will be issued upon payment of
the fee as established by the city manager.
11. Reporting Requirements: If suspension, revocation, or any other
disciplinary action is taken against a taxicab driver's state of Iowa class D-3
chauffeur's license or equivalent license issued by another state, the taxicab
driver must report such action to the city clerk's office. (Ord. 7-13, 2-18-2013;
amd. Ord. 29-16, 6-20-2016; Ord. 31-23, 6-20-2023; Ord. 56-23, 12-18-2023)
April 2024
City of Dubuque
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SIM
9-7
SECTION:
CHAPTER 7
OPERATION
Division 1. Traffic Signs, Signals And Markings
9-7-321.256:
Obedience To Official Traffic Control Devices
9-7-321.257:
Official Traffic -Control Signal
9-7-321.258:
Reserved
9-7-321.259:
Unauthorized Signs, Signals, Or Markings
9-7-321.260:
Interference With Signs, Signals, Or Devices; Unlawful
Possession
9-7-321.261:
Reserved
Division 2. Accidents
9-7-321.262:
Duty Of Driver When Damage Is To Vehicle Only
9-7-321.263:
Duty Of Driver To Give Information, Aid
9-7-321.264:
Duty Of Driver Upon Striking Unattended Vehicle
9-7-321.265:
Duty Of Driver Upon Striking Fixtures Upon Highway
9-7-321.266:
Reports Required
Division 3. Operation Of Motorcycles And Motorized Bicycles
9-7-321.275: Motorcycles And Motorized Bicycles
9-7-321.275A: Use Of Bicycles, Motorcycles In Parks
9-7-321.276: Use Of Certain Nonmotorized Vehicles, Conveyances, And
Equipment In Municipal Parking Ramps Or Lots And In Certain
Other Places In City
9-7-321.276A: Electric Personal Assistive Mobility Devices
Division 4. Criminal Offenses
9-7-321.277: Reckless Driving
9-7-321.277A: Careless Driving
9-7-321.278: Drag Racing Prohibited
9-7-321.279 - 9-7-321.283: Reserved
9-7-321.284: Open Containers In Motor Vehicles; Drivers
9-7-321.284A: Open Containers In Motor Vehicles; Passengers
August 2017
City of Dubuque
Page 557 of 1454
SIM
9-7
Division 5. Speed Restrictions
9-7-321.285:
Limits Generally
9-7-321.286:
Automated Speed Enforcement
9-7-321.287:
Reserved
9-7-321.288:
Control Of Vehicle
9-7-321.289:
Signs To Be Erected
9-7-321.290:
Reserved
9-7-321.291:
Speeding Violation Form
9-7-321.292 -
9-7-321.293: Reserved
9-7-321.294:
Minimum Speed
9-7-321.295 -
9-7-321.296: Reserved
Division 6. Driving On Right Side Of Roadway; Overtaking And Passing
9-7-321.297:
Driving On Right Hand Side Of Roadway; Exceptions
9-7-321.298:
Meeting And Turning To Right
9-7-321.299:
Passing Generally
9-7-321.300 -
9-7-321.301: Reserved
9-7-321.302:
Overtaking, Passing On Right
9-7-321.303:
Limitations On Overtaking On Left
9-7-321.304:
Prohibited Passing
9-7-321.305:
One -Way Streets
9-7-321.306:
Roadways Laned For Traffic
9-7-321.307:
Following Too Closely
Division 7. Turning And Starting And Signals On Stopping And Turning
9-7-321.311:
Turning At Intersections
9-7-321.312:
Turning On Curves, Hills
9-7-321.313:
Starting Parked Vehicle
9-7-321.314:
Signals Required When Turning
9-7-321.315:
Turn Signal To Be Continuous
9-7-321.316:
Signal Required When Stopping Or Decreasing Speed Suddenly
9-7-321.317:
Signals To Be By Hand And Arm Or Signal Device
9-7-321.318:
Method Of Giving Hand And Arm Signals
Division 8. Right -Of -Way
9-7-321.319:
Entering Intersections From Different Highways
9-7-321.320:
Left Turns At Intersections
9-7-321.321:
Entering Through Streets
9-7-321.322:
Stop And Yield Intersections
April 2024
City of Dubuque
Page 558 of 1454
9-7-321.285
9-7-321.286
Over 20 miles per hour over (plus $2.00 for each mile in excess of 20
miles per hour over limit)
Excessive speed in zones greater than 55 miles per hour:
1 through 5 miles per hour over
6 through 10 miles per hour over
11 through 15 miles per hour over
16 through 20 miles per hour over
Over 20 miles per hour over (plus $5.00 for each mile in excess of 20
miles per hour over limit)
(Ord. 44-08, 6-16-2008; amd. Ord. 45-08, 6-21-2008; Ord. 59-09, 12-7-2009;
Ord. 64-14, 10-20-2014; Ord. 26-21, 6-21-2021)
9-7-321.286: AUTOMATED SPEED ENFORCEMENT:
A. General: In accordance with its police powers, the City may deploy, erect, or
cause to have erected an automated speed enforcement system for capturing
images of motor vehicles that violate speed laws by failing to obey the posted
speed regulations within the City. The system may be managed by an
Automated Speed Enforcement Contractor that owns and operates the
requisite equipment. The police department shall retain supervisory control
over the system. The Automated Speed Enforcement Contractor shall provide
photographic and/or video images of any potential violations to the police
department to review and, in the event the police department determines a
vehicle was operated in violation of the City's speed ordinances, the police
department shall direct that a notice of Automated Speed Citation be issued to
the vehicle owner in accordance with this section.
B. Definitions:
AUTOMATED A notice of violation generated in connection with the
SPEED CITATION: Automated Speed Enforcement System.
AUTOMATED The company or entity, if any, with which the City of
SPEED Dubuque contracts to provide equipment and/or
ENFORCEMENT services in connection with the Automated Speed
CONTRACTOR: Enforcement System.
April 2024
City of Dubuque
Page 559 of 1454
9-7-321.286
9-7-321.286
AUTOMATED
An electronic system consisting of a photographic,
SPEED
video, electronic, or digital camera, a speed sensor,
ENFORCEMENT
and a vehicle sensor installed to work in conjunction
SYSTEM:
with an official traffic controller or police department
employee to automatically produce photographs,
video, or digital images of each vehicle violating a
speed limit ordinance.
DIVIDED HIGHWAY:
A roadway that is separated by a median.
LOW OR
An individual earning no more than eighty percent
MODERATE
(80%) of the higher of the median family income of
INCOME also
the county or the statewide non -metropolitan area as
referred to as "LMI":
determined by the latest United States department
of housing and urban development, section 8
income guidelines.
UNDIVIDED
A roadway without median separation.
HIGHWAY:
VEHICLE OWNER: The person or entity identified by the Iowa
Department of Transportation, or identified by any
other state vehicle registration office, as the
registered owner of a vehicle detected violating a
traffic ordinance by failing to obey a speed regulation
within the City. Notwithstanding the foregoing, in the
event the Iowa Department of Transportation or any
other state vehicle registration office identifies a
person or entity as the lessee of the vehicle, that
lessee shall be the Vehicle Owner for purposes of
this section. In the event a state registration office
does not specify whether a person or entity listed on
the registration for the vehicle is the owner or the
lessee of the vehicle, any person or entity listed on
that vehicle registration may be deemed the Vehicle
Owner and held jointly and severally responsible for
a violation of this section.
C. Vehicle Owner Subject To Civil Fine For Automated Speed Citations:
1. If a vehicle is detected traveling at a speed above the posted limit, the
Vehicle Owner shall be subject to a civil penalty as scheduled below in
subsection D.
2. Exemptions from this section are set forth in subsection G and shall not be
considered violations for purposes of the Automated Speed Enforcement
System.
April 2024
City of Dubuque
Page 560 of 1454
9-7-321.286
9-7-321.286
3. In no event will an Automated Speed Citation be sent or reported to the
Iowa Department of Transportation or similar department of any other state for
the purpose of being added to the Vehicle Owner's driving record.
D. Notice Of Automated Speed Citation; Fines:
1. Upon a Dubuque Police Officer's determination that the Automated Speed
Enforcement System has detected a violation described in subsection C1, a
notice of an Automated Speed Citation will be mailed to the Vehicle Owner for
each such violation recorded by the Automated Speed Enforcement System.
The Automated Speed Enforcement Contractor shall mail the notice within
thirty (30) days after receiving information about the Vehicle Owner. The notice
shall include the name and address of the Vehicle Owner; the vehicle make, if
available and readily discernable; the vehicle registration number; the violation
alleged; the time, date, and location of the alleged violation; the applicable civil
penalty; information as to the manner in which the Automated Speed Citation
may be challenged; and that the basis of the notice is a photographic or video
record generated by an Automated Speed Enforcement System.
2. Speed Zone Under Forty Five (45) Miles Per Hour And Undivided
Highways With Speed Zone Forty Five (45) Miles Per Hour:
Any violation of subsection C1 which occurs in an area:
a. With a speed limit under forty five (45) miles per hour or
b. On an Undivided Highway where the speed zone is forty five (45)
miles per hour;
shall be subject to a civil penalty as scheduled in the table below, and the civil
penalty for any violation committed in a designated construction zone (as
provided by the Code of Iowa), shall be doubled, as scheduled below, subject
in any event to the statutory limit on civil penalties applicable to municipal
infractions.
<45 mph Speed Limit
and
Undivided Highways with 45 miles per hour Speed Limit
Over Speed
First Offense
Second
Third &
Third Offense
Fourth
Construction
Limit (MPH)
Civil Penalties
Offense Civil
Subsequent
Community
Offense
& School
Penalties
Offenses Civil
Service
Community
Zones Civil
Penalties*
Options
Service
Penalties
Options - LMI
Individuals
ONLY
1 - 5
N/A
N/A
N/A
N/A
N/A
$0
6 - 10
N/A
N/A
N/A
N/A
N/A
$100
April 2024
City of Dubuque
Page 561 of 1454
9-7-321.286
9-7-321.286
<45 mph Speed Limit
and
Undivided Highways with 45 miles per hour Speed Limit
Over Speed
First Offense
Second
Third &
Third Offense
Fourth
Construction
Limit (MPH)
Civil Penalties
Offense Civil
Subsequent
Community
Offense
& School
Penalties
Offenses Civil
Service
Community
Zones Civil
Penalties*
Options
Service
Penalties
Options - LMI
Individuals
ONLY
11 - 15
$100
$125
$150
Community
Community
1st Offense:
Courtesy
50% reduction
Service
Service
$200
Waiver
to $62.50
Available
Available
2nd Offense:
$250
3rd &
Subsequent:
$300
16 - 20
$125
$150
$175
Community
Community
1st Offense:
Courtesy
50% reduction
Service
Service
$250
Waiver
to $75
Available
Available
2nd Offense:
$300
3rd &
Subsequent:
$350
21 - 25
$150
$175
$200
N/A
Extra
1st Offense:
Community
$300
Service
2nd Offense:
Required
$350
3rd &
Subsequent:
$400
26 - 30
$175
$200
$225
N/A
Extra
1st Offense:
Community
$350
Service
2nd Offense:
Required
$400
3rd &
Subsequent:
$450
31 +
$200
$225
$250
N/A
Extra
1 st Offense:
Community
$400
Service
2nd Offense:
Required
$450
3rd &
Subsequent:
$500
*After issuance of a First and Second offense all Third and Subsequent Offenses shall move into the civil penalty
category for Third & Subsequent Offenses.
3. Divided Highways with a Speed Limit Forty Five (45) Miles Per Hour Or
Higher:
April 2024
City of Dubuque
Page 562 of 1454
9-7-321.286
9-7-321.286
Any violation of subsection C1 which occurs on a divided highway with a speed
limit forty five (45) miles per hour or higher shall be subject to a civil penalty as
scheduled in the table below, and the civil penalty for any violation committed
in a designated construction zone (as provided by the Code of Iowa), shall be
doubled, as scheduled below, subject in any event to the statutory limit on civil
penalties applicable to municipal infractions.
Divided Highways with a Speed Limit 45 miles per hour or Higher
Over Speed
First
Second
Third &
Third Offense
Fourth Offense
Construction &
Limit (MPH)
Offense
Offense Civil
Subsequent
Community
Community
School Zones
Civil
Penalties
Offenses Civil
Service
Service
Civil Penalties
Penalties
Penalties*
Options
Options - LMI
Individuals
ONLY
1 - 5
N/A
N/A
N/A
N/A
N/A
$0
6-10
N/A
N/A
N/A
N/A
N/A
$100
11 -15
N/A
N/A
N/A
N/A
N/A
$200
16 - 20
$125
$150
$175
Community
Community
1st Offense:
Courtesy
50% reduction
Service
Service
$250
Waiver
to $75
Available
Available
2nd Offense:
$300
3rd &
Subsequent:
$350
21 - 25
$150
$175
$200
N/A
Extra
1st Offense:
Community
$300
Service
2nd Offense:
Required
$350
3rd &
Subsequent:
$400
26 - 30
$175
$200
$225
N/A
Extra
1st Offense:
Community
$350
Service
2nd Offense:
Required
$400
3rd &
Subsequent:
$450
31 +
$200
$225
$250
N/A
Extra
1 st Offense:
Community
$400
Service
2nd Offense:
Required
$450
3rd &
Subsequent:
$500
*After issuance of a First and Second offense, all subsequent offenses shall move into the civil penalty category for
Third & Subsequent Offenses.
April 2024
City of Dubuque
Page 563 of 1454
9-7-321.286
9-7-321.286
E. Challenging An Automated Speed Citation: Within thirty (30) days from the date
appearing at the top of a notice of Automated Speed Citation sent to the
Vehicle Owner, the Vehicle Owner may either pay the fee associated with the
citation or challenge the citation by submitting a written challenge to the citation
or requesting that a municipal infraction be filed pursuant to Iowa Code
§364.22. Any such written challenge or request must be on a form specified by
and available from the City as indicated on the notice and be sent to the City
according to the instructions on that form. Upon receipt of a written challenge,
a Dubuque Police Officer shall determine whether the citation should be
rescinded. Within thirty (30) days after the City receives such a challenge, the
City shall notify the Vehicle Owner whether the challenge to the Automated
Speed Citation is successful, in which case, the citation shall be rescinded.
Otherwise, the citation shall stand. Thereafter, the City may seek voluntary
payment and/or file the citation as a municipal infraction against the Vehicle
Owner, all as set forth in subsection (F) hereof.
F. Failure To Timely Pay Or Challenge Automated Speed Citation: If the recipient
of an Automated Speed Citation does not either pay the fine by the due date
stated on the original citation or successfully challenge the citation as provided
herein, the City may file a municipal infraction against the Vehicle Owner in
accordance with City Code § 1-4-2 and § 364.22 of the Code of Iowa, seeking
judgment for the violation and the applicable civil penalty provided in
subsections C and D, plus state -mandated filing fees and court costs. If
judgment is entered for the City in the municipal infraction proceeding, the City
may, subject to applicable law, pursue enforcement of the judgment together
with interest as permitted by law. Collection of the judgment may include
referral to the State of Iowa Offset Program administered by the Department
of Administrative Services, State Accounting Enterprise, or any similar
subsequent agency. Notwithstanding the City's right to file a municipal
infraction, the City may first seek voluntary payment of the fine by sending a
written request for payment to the Vehicle Owner and/or referring the matter
to a private service agent to conduct collection in accordance with all applicable
law.
G. Exemptions From Section 9-7-321.386: The following shall not be considered
violations of this ordinance:
1. The operator of the vehicle in question was issued a uniform traffic citation
for the violation in question pursuant to City Code section 9-7-321.285 or
Chapter 321 of the Code of Iowa.
2. The violation occurred at any time after the vehicle in question or its state
registration plates were reported to a law enforcement agency as having been
stolen, provided, however, the vehicle or its plates had not been recovered by
the Vehicle Owner at the time of the alleged violation.
April 2024
City of Dubuque
Page 564 of 1454
9-7-321.286
9-7-321.288
3. The vehicle in question was an authorized emergency vehicle.
4. The Dubuque Police Officer inspecting the recorded image determines that
the vehicle in question was lawfully participating in a funeral procession.
The foregoing list of exemptions from Section 9-7-321.286 shall not be construed
as limiting the defenses available to challenge an Automated Speed Citation or
defend against a municipal infraction. (Ord. 52-23, 11-20-2023)
9-7-321.287: RESERVED:
(Ord. 44-08, 6-16-2008)
9-7-321.288: CONTROL OF VEHICLE:
A. A person operating a motor vehicle shall have the same vehicle under control
at all times.
B. A person operating a motor vehicle shall reduce the speed to a reasonable and
proper rate:
1. When approaching and passing a person walking in the traveled portion
of the public street.
2. When approaching and passing an animal which is being led, ridden, or
driven upon a public street.
3. When approaching and traversing a crossing or intersection of public
streets, or a sharp turn, curve, or steep descent in a public street.
4. When approaching and passing a fusee, flares, red reflector electric
lanterns, red reflectors, or red flags, or an emergency vehicle displaying a
revolving or flashing light.
5. When approaching and passing a slow moving vehicle displaying a
reflective device as provided by section 321.383, code of Iowa.
6. When approaching and passing through a road work zone. (Ord. 47-12,
8-20-2012)
April 2024
City of Dubuque
Page 565 of 1454
9-7-321.289 9-7-321.293
9-7-321.289: SIGNS TO BE ERECTED:
On a street on which the rate of speed changes, other than primary roads and
extensions of primary roads, there shall be erected by the city suitable standard
signs showing the points at which the rate of speed changes on such street and the
maximum rate of speed in the district which the vehicle is entering. (Ord. 44-08,
6-16-2008)
9-7-321.290: RESERVED:
(Ord. 44-08, 6-16-2008)
9-7-321.291: SPEEDING VIOLATION FORM:
In every charge of violation of section 9-7-321.285 of this chapter the information
and the notice to appear shall specify the speed at which the defendant is alleged
to have driven and also the speed limit applicable within the district or at the
location. (Ord. 44-08, 6-16-2008)
9-7-321.292 - 9-7-321.293: RESERVED:
April 2024
(Ord. 44-08, 6-16-2008)
City of Dubuque
Page 566 of 1454
9-16-321.900
9-16-321.901
over any street other than shown in such routing instructions. (Ord. 44-08,
6-16-2008)
9-16-321.901: MOTOR TRUCK ROUTES:
A. For purposes of this section a "marked highway" shall mean: Highway 20,
Highway 151, Highway 61, the Northwest Arterial, the Southwest Arterial,
Kerper Boulevard, Seippel Road, and Chavenelle Road.
B. Motor trucks registered for a gross weight limit exceeding ten thousand
(10,000) pounds (5 tons) must travel over marked highways when operating in
the city and may not depart from such marked highways, except that any motor
truck whose destination is in the city may depart from such highway at that
point on the highway nearest to its destination and then proceed directly to
such destination.
C. Motor trucks whose trips originate within the city must travel by the most direct
route to that point on a marked highway nearest to such point of origin.
D. Motor trucks entering the city on an unmarked highway must proceed to the
nearest marked highway by the most direct route and then proceed to their
destination.
E. Motor trucks registered for a gross weight limit exceeding ten thousand
(10,000) pounds (5 tons) must not travel over the following streets:
Ice Harbor Drive, from 1st Street to the 3rd Street Overpass.
Main Street, from 5th Street to 9th Street.
F. Motor trucks originating in Dubuque County or with a destination located in
Dubuque County shall be authorized to drive on Central Avenue and White
Street.
G. The city manager is authorized to designate and establish by appropriate signs
alternate motor truck routes and to post signs limiting motor trucks registered
with a gross weight limit exceeding ten thousand (10,000) pounds (5 tons) from
operating on nonhighway streets and the streets designated in subsection D
of this section.
H. The provisions of this section governing the travel of motor trucks on residential
streets do not apply to public or private carriers of passengers on tour, fixed
demand response, or dial -a -ride routes or school or church buses.
The scheduled fine for a violation of this section is fifty dollars ($50.00). (Ord.
19-13, 4-1-2013; amd. Ord. 30-20, 8-3-2020; Ord. 1-23, 1-3-2023; Ord. 55-23,
12-18-2023)
April 2024
City of Dubuque
Page 567 of 1454
9-16-321.902 9-16-321.1000
9-16-321.902: RESERVED:
(Ord. 19-13, 4-1-2013)
9-16-321.903: HEAVY VEHICLES PROHIBITED ON CERTAIN
BRIDGES:
A. When signs are erected giving notice thereof, no person shall operate a vehicle
exceeding the posted gross vehicle weight limits on, or over the following
bridges:
10 tons Louise Lane Bridge
12 tons Brunskill Road Bridge
20 tons Cousins Road Bridge
B. This section shall not apply to implements of husbandry or to implements of
husbandry loaded on hauling units for transporting the implements to locations
for purposes of repair.
C. A person who violates this section shall, upon conviction or a guilty plea, be
subject to a fine determined by dividing the difference between the actual
weight of the vehicle and the maximum weight allowed by this section by one
hundred (100) and multiplying the quotient by two dollars ($2.00). (Ord. 44-08,
6-16-2008)
DIVISION 3. ADMINISTRATION
9-16-321.1000: ARREST, NOTICE TO APPEAR:
Whenever a peace officer has reasonable cause to believe that a person has
violated any provisions of this title, such officer may:
A. Immediately arrest such person; or
B. Without arresting the person, prepare in triplicate a written summons to appear
in court containing the name and address of such person, the operator's or
chauffeur's license number, if any, the registration number, if any, of such
person's vehicle, the offense charged, and the time when and the place where
such person shall appear in court. (Ord. 44-08, 6-16-2008)
November 2013
City of Dubuque
Page 568 of 1454
CITY CODE
of
DUBUQUE
I OWA
Code current through:
Ord. 14-24, passed 4-15-2024
Published by:
AMERICAN LEGAL PUBLISHING
525 Vine Street O Suite 310 4 Cincinnati, Ohio 45202
1-800-445-5588 O www.amlegal.com
Page 569 of 1454
Page 570 of 1454
13-1 C-1
13-1 C-1
CHAPTER 1
WATER USE AND SERVICE
ARTICLE C. RATES
SECTION:
13-1C-1:
Residential, Commercial,
13-1 C-2:
Fire Sprinkler Service
13-1 C-3:
Construction Use
13-1 C-4:
Payment Of Bills
Industrial And All Other Uses
13-1 C-1: RESIDENTIAL, COMMERCIAL, INDUSTRIAL AND ALL
OTHER USES:
A. Rates Established: The rates to be charged for water for residential,
commercial, industrial and all other uses and purposes by any person, firm or
corporation within the City shall be based on units of one hundred (100) cubic
feet (748 gallons) or per gallon as follows:
Monthly Consumption
(In Hundreds Of Cubic Feet)
Charge Per
Hundred Cubic Feet
First 30
$4.91
Next 120
3.99
Next 350
3.71
Next 500
3.27
Over 1,000
2.90
Monthly Consumption
(In Gallons)
Charge Per Gallon
First 22,440
$0.00651
Next 89,760
0.00534
Next 261,800
0.00497
April 2024
City of Dubuque
Page 571 of 1454
13-1 C-1
13-1 C-1
Monthly Consumption
(In Gallons)
Charge Per Gallon
Next 374,000
0.00439
Over 748,000
0.00384
Rates shall be subject to the following minimum monthly charge according to
the size of the meter:
Meter Size
(Inches)
Monthly
Consumption
(In Hundreds Of
Cubic Feet)
Monthly
Consumption
(In Gallons)
Minimum
Charge
5/8
2
1,496
$ 9.74
3/4
5
3,740
24.35
1
8
5,984
38.96
11/2
26
19,448
126.61
2
46
34,408
209.99
3
106
79,288
449.65
4
168
125,664
692.32
6
368
275,264
1,435.83
8
625
467,500
2,337.01
A property owner shall pay a fifty dollars ($50.00) disconnect fee for water
service that is disconnected by the city for a meter not in service. When a
tenant account is subject to disconnection due to delinquency, the tenant shall
pay the $50.00 disconnect fee.
A fifty dollars ($50.00) service call fee shall be changed to property owners or
tenant account for those service calls that are determined to be related to
customer negligence.
An eight dollar and ninety cent ($8.90) minimum monthly charge shall be
assessed for meters not in service.
B. Rates Outside City Limits: The rates to be charged for water supplied by the
City to residential, commercial, industrial and other uses and purposes by any
person outside the corporation limits of the City, shall be at one hundred fifty
percent (150%) of the rates set forth in subsection A of this section.
April 2024
City of Dubuque
Page 572 of 1454
13-1 C-1
13-1 C-2
C. Estimated Billings: For all meters in service, bills will be issued monthly. When
a meter is not read monthly for any reason, bills will be issued on estimated
consumption. For estimated billings, either on alternate months or when
readings are not obtainable for any reason, consumption will be predicated on
the monthly average of past usage for the meter. For estimated bills issued for
an account in which historical data is not available, billing will be predicated on
the minimum charge and related consumption identified for the size of the
meter in service for the particular account.
D. Adjustments From Estimated Readings: Adjustments from estimated readings
will be made when an actual meter reading is obtained. The adjustment will be
reflected on the user's next regular bill.
E. Residential Rate Exception: The city manager shall establish a policy for
evaluating cases of extreme financial hardship and the city's ability to make
adjustments in the monthly residential rate as determined by the terms and
conditions of the policy and the funds allocated, and available, through the
budget process. (2007 Code § 44-201; amd. Ord. 15-19, 3-7-2019, eff.
7-1-2019; Ord. 14-20, 4-23-2020; Ord. 23-20, 6-1-2020; Ord. 6-21, 3-24-2021,
eff. 7-1-2021; Ord. 10-22, eff. 7-1-2022; Ord. 11-23, 3-23-2023, eff. 7-1-2023;
Ord. 10-24, 4-15-2024, eff. 7-1-2024)
13-1 C-2: FIRE SPRINKLER SERVICE:
Customers who have fire sprinkler service shall be billed for this service on a
monthly basis. The monthly charge shall be as follows:
Current Number Of Heads
Monthly Charges
Up to 200 (minimum)
$ 29.85
200 - 299
35.83
300 - 399
41.72
400 - 599
47.76
600 - 799
53.67
800 - 999
59.68
1,000 - 1,199
65.67
1,200 - 1,399
71.57
1,400 - 1,599
77.55
1,600 - 1,799
83.53
April 2024
City of Dubuque
Page 573 of 1454
13-1 C-2
13-1 C-3
Current Number Of Heads
Monthly Charges
1,800 - 1,999
89.44
2,000 - 2,199
95.44
2,200 - 2,399
101.40
2,400 - 2,599
107.39
2,600 - 2,799
113.34
2,800 - 2,900
119.46
3,000 - 3,499
125.26
Over 3,500 (for each additional 500 heads
or fraction thereof)
5.95
(Ord. 16-19, 3-7-2019, eff. 7-1-2019; amd. Ord. 15-20, 4-23-2020; Ord. 7-21,
3-24-2021, eff. 7-1-2021; Ord. 11-22, eff. 7-1-2022; Ord. 12-23, 3-23-2023, eff.
7-1-2023; Ord. 11-24, 4-15-2024, eff. 7-1-2024)
13-1 C-3: CONSTRUCTION USE:
A. Application For Temporary Water Service; Deposit: When a temporary water
service is desired for construction work, application shall be made to the City
Manager. A deposit equal to the actual cost of the meter and fittings shall be
paid in advance. The applicant shall guarantee payment of such water service
charges and return said meter in good condition.
B. Installation Of Meter: The applicant shall thereupon install a suitable meter,
furnished by the City, and shall pay for all water furnished in accordance with
the then prevailing water rates including minimum monthly charges.
C. Payment Of Charge When Installation Of Meter Impractical: If it is the opinion
of the City Manager that placement of a meter is impractical, then the deposit
for meter and fittings shall not be required, but a charge, as determined by the
City Manager, after official publication, shall be made, but under no
circumstances shall water be used for sprinkling lawns, wetting down yards or
compacting of soil unless a meter has been installed on the service, or
arrangements have been made for such usage.
D. Water Rate For Various Other Purposes: The rate for water charged for other
purposes not mentioned herein, such as for circuses, carnivals, fairs, skating
rinks, swimming pools, tank wagons and filling cisterns will be made by the City
Manager when application is made for the same at the Water Office. (2007
Code § 44-203)
April 2024
City of Dubuque
Page 574 of 1454
13-2C-1
13-2C-2
CHAPTER 2
SEWERS AND SEWAGE DISPOSAL
ARTICLE C. RATES
SECTION:
13-2C-1:
Purpose
13-2C-2:
Definitions
13-2C-3:
Rates Established
13-2C-4:
Areas Not Served By Public System
13-2C-5:
Lien For Failure To Pay
13-2C-6:
Cost Of Collection
13-2C-1: PURPOSE:
It is hereby determined and declared to be necessary and conducive to the
protection of the public health, safety, welfare and convenience of the City to levy
and collect just and equitable charges, rates or rentals upon all lots, parcels of real
estate and buildings that are connected directly or indirectly with the sanitary
sewage system of the City, the proceeds of such charges or rentals so derived to
be used for the purpose of constructing, operating, maintaining and repairing such
sewage treatment plant. (2007 Code § 44-82)
13-2C-2: DEFINITIONS:
The following words and terms, as used in this article, shall be deemed to mean and
be construed as follows:
CONTRIBUTOR: Any person responsible for the production of domestic,
commercial or industrial waste which is directly or
indirectly discharged into the City's sanitary sewer
system.
SEWAGE SERVICE Any and all rates, charges, fees or rentals levied against
CHARGE: and payable by the contributors, including special
contracts or agreements which have been or may be
negotiated by and between the City, commercial
establishments, industries, manufacturing plants or
May 2023
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Page 575 of 1454
13-2C-2 13-2C-3
corporations for the purpose of collecting rates, charges,
fees or rentals.
SEWAGE Any and all units of the Municipal sewage treatment
TREATMENT system owned and operated by the City, including the
PLANT: interceptor sewer system, the pumping stations
delivering sewage to the plant and the outfall sewer
system.
WATER The City Water Department. (2007 Code § 44-81)
DEPARTMENT:
13-2C-3: RATES ESTABLISHED:
Contributors whose property lies within the corporate limits of the City, except as
otherwise provided in this article, shall pay to the City at the same time payment for
water services is made, a sewer service charge computed on water consumption
on the following rates:
A. Basic Charges:
1. The sewer rates and charges shall be based on the quantity of water used
on or in the property or premises. For all customers utilizing sewer service, bills
will be issued on estimated consumption. For estimated billings, either on
alternate months, or when a reading on a water meter is not obtainable for any
reason, consumption will be predicated on the monthly average of the past
usage for the metered account. For estimated bills issued for an account in
which historical data is not available, billing will be predicated on the minimum
charge and related consumption identified in subsection C7 of this section for
the size of the water meter in service for the particular account.
2. Basic Charge Exception: The city manager shall establish a policy for
evaluating cases of extreme financial hardship for residential customers and
the city's ability to make adjustments in the monthly basic charge for residential
customers as determined by the terms and conditions of the policy and the
funds allocated, and available, through the budget process.
B. Schedule Of Rates:
Rate per each 100 cubic feet $6.83
Rate per each gallon 0.00913
April 2024
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Page 576 of 1454
13-2C-3
13-2C-3
C. Service Charge:
1. When a parcel of real estate, property or building discharging sanitary
sewage, industrial wastes, water or other approved waste, either directly or
indirectly into the City's sanitary sewer system, is not a user of water supplied
by the City Water Division and the water used thereon or therein is not
acceptable to the City, the amount of water used shall be determined by the
City in such a manner as the City Manager may elect to establish the rate of
charge as provided in this article, or the owner or other interested parties at
their expense, may install and maintain a meter acceptable to the City for said
purposes.
2. When a parcel of real estate, property or building discharging sanitary
sewerage, industrial wastes, water or other approved waste, either directly or
indirectly into the City's sanitary sewer system, is a user of water supplied by
the City Water Division and in addition uses water from another source which
is not measured by a water meter or is measured by a water meter not
acceptable to the City, the amount of water used shall be determined by the
City in such a manner as the City Manager may elect in order to establish the
rate of charge as provided in this article, or the owner or other interested
parties at their expense may install and maintain a meter acceptable to the City
for said purposes.
3. When a parcel of real estate, property or building discharging sanitary
sewage, industrial wastes, water or other approved waste, either directly or
indirectly into the City's sanitary sewer system, is not a user of water supplied
by the City Water Division, the amount of sanitary sewage, industrial wastes,
water or other approved waste discharged into the sanitary sewer system shall
be determined by the City in such a manner as the City Manager may elect in
order to establish the rate of charge as provided in this article, or the owner or
other interested parties at their expense, may install and maintain a sewage
meter acceptable to the City for said purposes.
4. The City Council may, in its discretion, when applicable, permit connection
to the City sanitary sewer system of properties located outside the corporate
limits upon such terms and conditions as it may establish; provided, however,
that such terms shall not be more favorable to such property than rates herein
established for City users.
5. In order that the rates and charges may be modestly and equitably
adjusted to the service rendered, the City shall have the right to base its
charges not only on volume, but also on the strength and content of the
sewage and wastes of the user. The City shall have the right to measure and
determine the strength and content of all sewage and wastes discharged either
directly or indirectly into the City's sanitary sewer system, in such manner and
by such methods as it may deem practicable in the light of the conditions and
May 2023
City of Dubuque
Page 577 of 1454
13-2C-3
13-2C-5
circumstances of the case in order to determine the proper charge. Extra
charges will be applicable and negotiated with users on an individual account
basis when concentration of the sewage exceeds three hundred milligrams per
liter (300 mg/L) of biochemical oxygen demand, three hundred fifty milligrams
per liter (350 mg/L) of suspended solids or two percent (2%) or more of the flow
rate into the sewage treatment plant.
6. The rates and charges may be billed to the tenant and tenants occupying
the properties served, unless otherwise requested in writing by the owners, but
such billings shall in no way relieve the owner from liability in the event payment
is not made as required in this article.
7. Where the quantity of water consumed is such that the minimum of service
is charged, the minimum sewer service charge, according to the size of the
meter, shall be as follows:
Meter Size
(Inches)
Minimum Charge
Allowance (Cubic
Feet)
Allowance
(Gallons)
5/8
$13.67
200
1,496
3/4
34.16
500
3,740
1 or larger
54.66
800
5,984
(2007 Code § 44-83; amd. Ord. 10-17, 3-7-2017, eff. 7-1-2017; amd. Ord. 17-19,
3-7-2019, eff. 7-1-2019; Ord. 16-20, 4-23-2020; Ord. 24-20, 6-1-2020; Ord. 8-21,
3-24-2021, eff. 7-1-2021; Ord. 12-22, eff. 7-1-2022; Ord. 13-23, 3-23-2023, eff.
7-1-2023; Ord. 12-24, 4-15-2024, eff. 7-1-2024)
13-2C-4: AREAS NOT SERVED BY PUBLIC SYSTEM:
The rates, service charges, rentals or fees as provided in this article shall become
effective at the time sewage from the contributors is first directed to the sanitary
sewer system. At the time sanitary sewers are constructed in areas not now served
by a sanitary sewer system, contributors shall be granted a reasonable time to
make connection to the sewer. The effective date of the sewage service charge and
the reasonable time to connect to the sanitary sewer system will be determined by
the City Manager. (2007 Code § 44-84)
13-2C-5: LIEN FOR FAILURE TO PAY:
A. Lien For Delinquent Rates And Charges: The city shall have a lien upon the
real property served by the sanitary system for all delinquent rates and
charges. Bills for sewage charges shall be delinquent when the same are
April 2024
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Page 578 of 1454
13-4-5
13-4-5
13-4-5: SFU RATE, CHARGES; UTILITY REVENUES:
A. Square Feet Equivalency: For purposes of this chapter, an SFU shall be
equivalent to two thousand nine hundred seventeen (2,917) square feet of
impervious property.
B. Monthly Service Charge: Except as provided in this chapter, every contributor
owning oroccupying a single-family residential property, multi -family residential
property, or a nonresidential property, other than exempt property, shall pay to
the city, at the same time payment is made for water service, sanitary sewer
or refuse, a stormwater management charge to be determined and billed as
provided in this chapter. In the event the owner and the occupant of a particular
property are not the same, the liability for payment of the stormwater
management charge attributable to that property shall be joint and several as
to the owner and occupant. The stormwater management charge shall be a
monthly service charge and shall be determined by this chapter and the SFU
rate which is established in this chapter and from time to time adjusted as
provided in this chapter.
C. Application And Computation: The stormwater management charges provided
in sections 13-4-6 through 13-4-8 of this chaptershall be applied and computed
for each contributor during the customary billing periods as to all bills mailed by
the city treasurer, and such charges shall thereafter be paid and collected as
provided in this chapter.
D. The SFU rate to be applied to residential and nonresidential properties shall be
$10.50 per SFU.
E. Authority To Adjust Rate: If at any time the director determines that the SFU
rate and/or the budget for the stormwater management utility system requires
adjustment, the director shall report such determination to the city manager and
city council. The city council may at any time adjust the SFU rate by adoption
of an ordinance amending this section, and may at any time adjust the budget
for the stormwater management utility system by adoption of an appropriate
resolution.
F. Policy On Expenditure Of Revenues: The city council hereby establishes a
formal policy regarding the expenditure of stormwater management utility
revenues as follows:
1. The city manager shall develop and implement a cost accounting system,
capable of accurately recording and segregating charges to the system by all
departments of the city, to include the cost of personnel, machinery, contract
equipment and construction, supplies, depreciation, and any and all
miscellaneous expenses and purchases.
April 2024
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Page 579 of 1454
13-4-5
13-4-6
2. No revenues generated by the stormwater utility user fee shall be used for
any purpose other than stormwater expenses. (2007 Code § 44-274; amd. Ord.
16-14, 3-5-2014; Ord. 3-20, 1-21-2020; Ord. 21-20, 6-1-2020; Ord. 10-21,
3-24-2021; Ord. 13-22, 3-29-2022; Ord. 14-23, 3-23-2023, eff. 7-1-2023; Ord.
14-24, 4-15-2024, eff. 7-1-2024)
13-4-6: SINGLE-FAMILY RESIDENTIAL PROPERTY:
A. Percentage Of SFU Rate: The stormwater management charge for a single-
family residential property shall be the following percentage of the SFU rate:
Impervious Area Of Property
(Square Feet)
SFU Rate
1,471 or less
50 percent
1,472 to 4,374
100 percent
4,375 or more
150 percent
B. Commencement Of Charge: As to a new single-family residence, the
stormwater management charge attributable to that residence shall commence
upon the earlier of the following:
The issuance of a permanent water meter.
2. If no water meter is issued for that development or if development has
halted, on the date that the director or the director's designee determines in
reasonable judgment that the development is substantially complete or has
been halted for at least three (3) months.
C. Charge Exception: The city manager shall establish a policy for evaluating
cases of extreme financial hardship for single-family residential customers and
the city's ability to make adjustments in the monthly charge for single-family
residential customers as determined by the terms and conditions of the policy
and the funds allocated, and available, through the budget process.
D. Appeal Determination Of Charge: Any owner or occupant of a residential
property aggrieved by the director's calculation of the stormwater management
charge as provided in this section may appeal such determination to the
director as provided in section 13-4-9 of this chapter. (2007 Code § 44-275;
amd. Ord. 21-20, 6-1-2020)
April 2024
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Page 580 of 1454
13-4-7 13-4-7
13-4-7: NONSINGLE-FAMILY RESIDENTIAL PROPERTY:
A. The stormwater management charge for a non-singlefamily residential property
shall be the following percentage of the SFU rate multiplied by the number of
dwelling units on the property:
April 2024
City of Dubuque
Page 581 of 1454
Page 582 of 1454
13-6-1
13-6-1
CHAPTER 6
SOLID WASTE
SECTION:
13-6-1:
Definitions
13-6-2:
Deposits On Other Public Or Private Property
13-6-3:
Wrapping And Draining Of Certain Solid Wastes
13-6-4:
Unlawful Accumulations
13-6-5:
Storage And Accumulation Restricted
13-6-6:
Hazardous And Prohibited Wastes Regulated
13-6-7:
Vehicles Hauling Solid Waste
13-6-8:
Use Of State Approved Dump Site Or Disposal Project
13-6-1: DEFINITIONS:
For the purpose of this chapter the following definitions shall apply:
BUILDING MATERIALS: Any material such as lumber, floor coverings, brick,
plaster, sheet metal or any other substances
accumulated as a result of repairs or additions to
existing buildings, construction of new buildings or
demolition of existing structures.
BULKY ITEM(S): Any items that do not fit into a city -issued refuse cart
and that are larger than three feet by two feet (3' x
2') or weigh more than forty (40) pounds.
CLASS I PREMISES: Shall mean and include the following properties in
the City of Dubuque:
A. Single-family dwellings.
B. Multiple -family dwellings up to and including six
(6) dwelling units.
C. Dwelling units in business or commercial
premises.
Where two (2) or more laterally connected or joined
dwelling units, including condominiums, townhouses,
April 2024
City of Dubuque
Page 583 of 1454
13-6-1 13-6-1
and row houses, in which each dwelling unit has
separate access and utility service, each dwelling
unit shall constitute a single-family dwelling.
CLASS II PREMISES: Residential premises other than Class I residential
premises, located in the City of Dubuque, including:
A. Dwellings in trailer courts;
B. Schools, colleges, churches, convents, nursing
homes, rooming houses and other semiprivate
institutions; and
C. Multiple -family dwellings exceeding six (6)
dwelling units.
CLASS III PREMISES:
All business and commercial premises located in the
City of Dubuque, including that part of a residential
premises with a business or commercial use.
DWELLING:
Shall mean and include any building or portion
thereof containing one or more dwelling units.
DWELLING UNIT:
Shall mean and include one or more connected
rooms having complete kitchen facilities and
arranged, designed, or used as living quarters for
one family only.
FOOD SCRAPS:
Solid, semisolid, and liquid animal and vegetable
residuals resulting from the handling, preparing,
cooking, storing, serving and consuming of food.
GARBAGE:
All solid and semisolid, putrescible animal and
vegetable wastes resulting from the handling,
preparing, cooking, storing, serving and consuming
of food or of material intended for use as food, and
all offal, excluding useful industrial byproducts, and
shall include all such substances from all public and
private establishments and from all residences.
HAZARDOUS WASTES: Waste materials, including, but not limited to,
poisons, pesticides, herbicides, acids, caustics,
biohazardous wastes, flammable or explosive
materials and similar harmful wastes which require
special handling, and which must be disposed of in
such a manner as to conserve the environment and
protect the public health and safety.
April 2024
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Page 584 of 1454
13-6-1
13-6-1
ORGANIC WASTE: Any biodegradable waste material originating from
plants, animals, or other natural sources that can be
decomposed or broken down into simpler organic
compounds through biological processes. This
includes but is not limited to food scraps, yard waste,
paper products, and other biodegradable materials.
Organic waste does not include materials such as
plastics, metals, or glass which do not readily
decompose under natural conditions.
OWNER:
In addition to the record titleholder, any person
residing in, renting, leasing, occupying, operating, or
transacting business in any premises and as
between such parties, the duties, responsibilities,
liabilities, and obligations hereafter imposed shall be
joint and several.
PREMISES:
A building or part of a building and its grounds
located in the City of Dubuque.
RECYCLABLE
Materials, as designated by the City of Dubuque and
MATERIALS:
set out in this chapter, which would otherwise
become solid waste that can be source separated,
collected, processed, and returned to the economic
stream in the form of raw materials or products.
REFUSE:
All landfilled material generated by occupiers of land
within the City of Dubuque corporate limits, whether
recyclable or nonrecyclable material.
SOLID WASTE:
Garbage, refuse, rubbish, recyclable materials,
organic waste, and other similar discarded solid or
semisolid materials, including, but not limited to,
such materials resulting from industrial, commercial,
agricultural, and domestic activities. Solid waste
does not include toxic or hazardous materials.
YARD WASTE: Organic materials generated from routine
maintenance and landscaping activities within
residential, commercial, or public properties. This
includes grass clippings, leaves, branches, shrub
trimmings, and other vegetative matter originating
from the maintenance of lawns, gardens, and
outdoor landscapes. Yard waste does not include
materials such as soil, rocks, or construction debris.
(Ord. 20-06, 3-2-2006, eff. 4-3-2006; amd. Ord.
17-20, 4-23-2020; Ord. 9-21, 3-24-2021, eff.
7-1-2021; Ord. 13-24, 4-15-2024, eff. 7-1-2024)
April 2024
City of Dubuque
Page 585 of 1454
13-6-2 13-6-5
13-6-2: DEPOSITS ON OTHER PUBLIC OR PRIVATE PROPERTY:
A. Prohibition: No person shall throw, rake, deposit, dump, drop, spill or store
(other than the placement of containers for collection as provided herein) any
solid waste or toxic and hazardous wastes upon the streets, sidewalks, rights
of way or any public or private property within the city.
B. Exception: This section shall not apply to junk dealers, auto salvage dealers,
pawnbrokers or secondhand dealers licensed under title 4, chapter 6 of this
code. (2007 Code § 40-17; amd. Ord. 13-24, 4-15-2024, eff. 7-1-2024)
13-6-3: WRAPPING AND DRAINING OF CERTAIN SOLID WASTES:
All solid waste consisting of waste animal and vegetable matter which may attract
flies, dogs, cats, rodents, and other animals shall be drained of all excess liquid,
wrapped in paper or disposable containers, and placed or stored, until collected, in
covered suitable containers. (2007 Code § 40-19; amd. Ord. 13-24, 4-15-2024, eff.
7-1-2024)
13-6-4: UNLAWFUL ACCUMULATIONS:
A. Health Or Sanitation Hazard: It shall be unlawful for any person to permit to
accumulate on any premises, improved or vacant, or on any public place in the
city, such quantities of solid waste, either in containers or not, that shall
constitute a health or sanitation hazard.
B. Storage Within Or Close To Buildings: It shall be unlawful for any person to
accumulate quantities of refuse, papers, garbage, ashes or other solid waste
within or close to any building in the city, unless the same is stored in
containers in such a manner as not to create a health or fire hazard. (2007
Code § 40-20; amd. Ord. 13-24, 4-15-2024, eff. 7-1-2024)
13-6-5: STORAGE AND ACCUMULATION RESTRICTED:
A. Within the corporate limits of the city, all garbage or refuse consisting of waste
animal or vegetable matter upon which rats may feed, and all small dead
animals, shall be placed and stored until collected in covered metal containers
of a type prescribed by the health officer.
B. Dumping On Premises Or Waterways Prohibited: It is unlawful for any person
to dump or place on any premises, land or waterway, any dead animals, or any
waste vegetable or animal matter of any kind.
April 2024
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13-6-5
13-6-7
C. Providing Harborage For Rats: It shall be unlawful for any person to place,
leave, dump, or permit to accumulate any garbage, rubbish or trash in any
building or on any premises, improved or vacant, or on any open lot or alley in
the city so that the same shall or may afford food or harborage for rats.
D. Lumber And Boxes Placed On Elevated Racks: It shall be unlawful for any
person to permit to accumulate on any premises, improved or vacant, or on any
open lot or alley in the city any lumber, boxes, barrels, bottles, cans, containers
or similar material that may be permitted to remain thereon unless same shall
be placed on open racks that are elevated not less than eighteen inches (18")
above the ground, and evenly piled or stacked. (2007 Code § 31-74; amd. Ord.
17-20, 4-23-2020; Ord. 9-21, 3-24-2021, eff. 7-1-2021; Ord. 13-24, 4-15-2024,
eff. 7-1-2024)
13-6-6: HAZARDOUS AND PROHIBITED WASTES REGULATED:
A. Deposits Prohibited Except For Special Collection: No person shall deposit in
a solid waste container or otherwise offer for city collection any hazardous
wastes or prohibited wastes, except when a special collection is established by
the city manager.
B. Transportation By Owner: Hazardous wastes and prohibited wastes shall be
transported by the owner to a sanitary disposal project licensed by the Iowa
Department of Natural Resources to accept such wastes.
C. Prohibited Wastes Described: "Prohibited wastes" includes, but is not limited
to, waste oils, lead acid batteries and tires.
D. The City of Dubuque solid waste collection service will not collect, including but
not limited to, the following materials: Industrial waste; oil soaked rags,
solvents, liquid paints, acids, chemicals, or other explosive or highly
combustible orflammable or hazardous materials; caustics, poisons, pesticides
or herbicides; radioactive or toxic waste, biomedical waste; liquids, including
motor oil; gaseous waste; septage, raw sewage, sludge and industrial process
sludge; manure contaminated hay and straw or animal feces unless properly
bagged; carcasses, viscera, or entrails of animals, unless properly contained,
wrapped, or packaged; hot ashes; and building materials. (2007 Code § 40-21;
amd. Ord. 17-20, 4-23-2020; Ord. 9-21, 3-24-2021, eff. 7-1-2021; Ord. 13-24,
4-15-2024, eff. 7-1-2024)
13-6-7: VEHICLES HAULING SOLID WASTE:
A. Dropping, Sifting Or Leaking Of Load: No person shall haul any solid waste
upon the streets, alleys or public places of the city unless the vehicle used for
April 2024
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Page 587 of 1454
13-6-7
13-6-8
such purpose is so constructed or loaded or the load securely covered as to
prevent any of its load from dropping, sifting, leaking, or otherwise escaping or
its load covering from dropping from the vehicle, except that materials may be
dropped for the purpose of securing traction, or water or other substance may
be applied on a roadway in cleaning or maintaining such roadway.
B. Sanitary Condition: All vehicles, containers and dumpsters used for the
collection and removal of solid waste shall be kept in a clean, inoffensive, and
sanitary condition. All solid waste shall be handled in such a way as to prevent
the scattering, spilling or leakage of same. (2007 Code § 40-22; amd. Ord.
13-24, 4-15-2024, eff. 7-1-2024)
13-6-8: USE OF STATE APPROVED DUMP SITE OR DISPOSAL PROJECT:
A. State Licensed Project: No person shall haul or cause to be hauled any solid
waste to any sanitary disposal project, dump site or any other area unless such
disposal project, dump site or other area is licensed by and in full compliance
with all regulations in the state in which it is located.
B. Filling Or Excavating; Permit Required: No person shall use dirt, stone, brick,
concrete or similar inorganic material for fill, landscaping, excavation or grading
without first obtaining a building permit, if required by other provisions of this
code, and only in conformance with all provisions of the zoning and subdivision
ordinances of this code. (2007 Code § 40-23; amd. Ord. 13-24, 4-15-2024, eff.
7-1-2024)
April 2024
City of Dubuque
Page 588 of 1454
13-6A-1 13-6A-2
CHAPTER 6
SOLID WASTE
ARTICLE A. CITY OR PRIVATE COLLECTION SERVICE
SECTION:
13-6A-
1:
City Manager's Authority Generally
13-6A-
2:
Availability Of Collection Service
13-6A-
3:
Refuse Collection Service
13-6A-
4:
Recycling Collection Service
13-6A-
5:
Organic Waste Collection Service
13-6A-
6:
Bulky Item Collection Service
13-6A-
7:
Frequency, Time And Areas Of Collection
13-6A-
8:
Storage, Containment And Set -Out Locations Of Solid Waste
13-6A-
9:
Ownership Of Materials; Unauthorized Collecting Prohibited
13-6A-10:
Rates And Charges Established; Exceptions
13-6A-11:
Charges; Billing And Collection
13-6A-12:
Private Collection Service
13-6A-1: CITY MANAGER'S AUTHORITY GENERALLY:
The City Manager, or designee, is hereby authorized and directed to employ City
owned vehicles and equipment and the necessary operating personnel to collect
refuse, recyclable materials, organic waste, and bulky items and to collect fees and
administer the program as provided for in this article in the City, upon the terms and
conditions of this article. (2007 Code § 40-31; amd. Ord. 13-24, 4-15-2024, eff.
7-1-2024)
13-6A-2: AVAILABILITY OF COLLECTION SERVICE:
A. Collection service is provided within to City residents and businesses as
described in this Chapter. The City Manager may consider requests for service
outside of city limits, at the City Manager's sole discretion.
B. Class I Premises: City solid waste collection services shall be mandatory.
C. Class II Premises: Class 11 premises not serviced by City solid waste collection
services may apply to the City Manager for such collection services.
April 2024
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13-6A-2
13-6A-3
D. Class III Premises: Class I I I premises not serviced by City solid waste collection
services may apply to the City Manager for such collection services.
E. Recycling Services: Class II premises not serviced by City solid waste
collection services and Class III premises may apply to the City Manager for
such recycling services.
F. Refusal Of Service: The City Manager may refuse solid waste collection
services or recycling services because of quantities or characteristics beyond
the capacity or capability to be handled efficiently or safely by City personnel
and equipment. (Ord. 14-19, 3-7-2019, eff. 7-1-2019; amd. Ord. 17-20,
4-23-2020; Ord. 9-21, 3-24-2021, eff. 7-1-2021; Ord. 13-24, 4-15-2024, eff.
7-1-2024)
13-6A-3: REFUSE COLLECTION SERVICE:
A. All City of Dubuque solid waste customers shall use a city -issued cart for
collection. The base rate gives access to a thirty five (35) gallon tipper cart for
weekly refuse collection.
B. In cases where a customer may choose multiple refuse carts or a cart larger
than the base rate thirty five (35) gallon cart, the customer may choose from
three (3) additional cart sizes of forty-eight (48), sixty-four (64), or ninety-six
(96) gallons.
C. Excess Refuse: Official City of Dubuque single -use refuse stickers shall be
applied to each additional standard thirty five (35) gallon solid waste container,
bag, or small item (not exceeding three feet by two feet (3' x 2') or heavier than
forty (40) pounds) which does not fit in the subscribed cart.
D. Electronics or items larger than three feet by two feet (3' x 2') or heavier than
forty (40) pounds must be scheduled as a bulky item pick-up.
E. The City Manager may require additional cart capacity if the subscribed cart is
insufficient. The City shall notify the applicable account holder in writing of the
additional capacity requirement, deliver the larger cart, and adjust the monthly
bill.
F. All refuse placed into City -issued carts must be in tied bags.
G. Except for Class II premises, biomedical waste shall be placed in suitable
containers separately from all other solid waste. Sharp objects, such as
hypodermic needles, syringes, and lancets, shall be securely contained in hard
plastic or metal disposable containers with screw -on or tightly secured lids for
collection. Other biomedical waste, such as soiled bandages, disposable
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13-6A-5
sheets, and medical gloves, shall be placed in thick disposable plastic bags or
shall be double -bagged.
H. Glass and similar materials shall be placed in puncture -resistant boxes and
securely closed. (Ord. 13-24, 4-15-2024, eff. 7-1-2024)
13-6A-4: RECYCLING COLLECTION SERVICE:
A. One City owned curbside recycling container shall be provided by the City to
each dwelling for the collection of recyclable materials. If additional recycling
capacity is needed, a second container may be issued.
B. The following types of solid waste are curbside recyclable materials: Rigid
plastics with a recycling symbol between #1 - 5, Paper/cardboard/newspaper,
and metal materials (such as cans, clean foil, pans).
C. When a customer's recycling container is frequently contaminated with non -
recyclable material and violations persist, the City may remove the container
and stop the weekly collection. (Ord. 13-24, 4-15-2024, eff. 7-1-2024)
13-6A-5: ORGANIC WASTE COLLECTION SERVICE:
A. All organic waste shall be separated from all other solid waste and shall be
composted on the premises or placed in yard waste collection containers for
collection.
B. Any premises composting on site shall maintain all compost piles in accordance
with Title 6, Chapter 4 of this Code.
C. Organic waste shall be collected according to the schedule established by the
City Manager.
D. The following materials may be collected curbside: branches and tree limbs -
less than five feet (5) long (must be bundled), flowers and potted plants (no
pots), food scraps - fruit and vegetables, peels, pits, coffee grounds, eggshells,
bread, and grain products, grass clippings, leaves, plants, weeds, brush,
natural Christmas trees, and non -wax coated paper products.
E. Preparation Of Organic Waste: Organic waste collected by the City shall be
placed in biodegradable paper bags no more than thirty five (35) gallons,
bundled branches, privately owned thirtyfive (35) gallon containers, subscribed
city -issued sixty four (64) gallon organic waste carts, or subscribed city issued
thirteen (13) gallon organic waste carts.
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13-6A-7
F. Organic waste set -out in a biodegradable paper bag requires single use
stickers. The bags shall be no more than thirty five (35) gallon capacity,
minimum two (2) ply weatherized material, and designed for yard waste
collection capacity.
G. Disposable organic waste bags shall not exceed forty (40) pounds without
tearing or falling apart. Cardboard boxes or plastic bags shall not be used for
organic waste collection.
H. Organic waste set out in privately owned thirty five (35) gallon cans require a
single -use yard waste sticker or an annual decal. (Ord. 13-24, 4-15-2024, eff.
7-1-2024)
13-6A-6: BULKY ITEM COLLECTION SERVICE:
A. No person shall place bulky items that are larger than three feet by two feet (3'
x 2') in diameter or weigh over forty (40) pounds out for collection except in
accordance with the provisions of this chapter.
B. Premises receiving City solid waste collection service are eligible to set out
bulky items for collection provided the customer schedules in advance of their
collection. Items which are placed out for collection which have not been
previously scheduled for collection will not be collected and the property owner
shall be responsible for their removal. (Ord. 13-24, 4-15-2024, eff. 7-1-2024)
13-6A-7: FREQUENCY, TIME AND AREAS OF COLLECTION:
A. Frequency And Time Of Collection: Collections shall be made not more than
once weekly at such time and in such areas of the City as shall be determined
and set out in schedules prepared by the City Manager in accordance with the
provisions of this article. All collections shall be made between the hours of six
o'clock (6:00) A.M. and nine o'clock (9:00) P.M.
B. Collection Schedule: The collection schedule shall not include official City
holidays unless otherwise determined by the City Manager. However, a
Saturday may be substituted as the collection day to replace the collection
which would otherwise be made on the day of the week the holiday occurs.
C. Authority To Change Schedule: The City Manager is hereby authorized and
empowered to change or amend the collection schedules from time to time as
the City Manager may deem necessary. (2007 Code § 40-33; amd. Ord. 17-20,
4-23-2020; Ord. 9-21, 3-24-2021, eff. 7-1-2021; Ord. 13-24, 4-15-2024, eff.
7-1-2024)
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13-6A-8 13-6A-8
13-6A-8: PLACEMENT OF CONTAINERS FOR COLLECTION:
A. Alleys: Where collections are made from alleys, solid waste containers shall be
placed in one location for each dwelling, in clear view and at the owner's
property line abutting the alley and on the days designated.
B. Streets: Where collections are made from the street, solid waste containers
shall be placed in one location for each dwelling, in clear view and in the street
right-of-way on the owner's property side of the curb and on the days
designated in said schedule. Such containers shall be placed so as not to
interfere with vehicular and pedestrian traffic and when emptied shall be
promptly removed by the owner.
C. Time Limit For Placement Of Containers On Streets: No person shall place
solid waste or recycling at the street for collection more than twenty four (24)
hours before the scheduled collection day. No person shall leave solid waste
containers or recycling containers at the street for more than twenty four (24)
hours after the scheduled collection day.
All solid waste shall be placed at the designated collection location for City
collection by six o'clock (6:00) A.M. on the scheduled collection day.
D. Duty When Solid Waste Not Collected: Any solid waste not in compliance with
this chapter shall not be collected by the City and shall be removed by the
owner within twenty four (24) hours after the scheduled collection day and
stored in such a manner as not to create a health, safety, or fire hazard.
E. Solid waste collection containers stored in the right-of-way for longer than
twenty four (24) hours after the scheduled collection day may be subject to
removal at the property owner's expense.
F. The City may make exceptions for the storage and set out of solid waste
containers for elderly or disabled persons upon application to the Public Works
Department.
G. On collection days, solid waste containers shall be placed in plain view at a
point within two feet (2') of the curb or alley line.
H. If a customer would like to change the location of the normal set -out for
collection, it must be approved by the City.
Containers must have a two -foot (2') radius around each container, and the lid
of the container must open toward the street or alley.
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13-6A-10
J. Material not intended for collection shall not be kept on or near the curb or alley
line. The city shall not be responsible for any material so placed which is
collected for disposal. (Ord. 27-17, 6-5-2017; amd. Ord. 17-20, 4-23-2020; Ord.
9-21, 3-24-2021, eff. 7-1-2021; Ord. 13-24, 4-15-2024, eff. 7-1-2024)
13-6A-9: OWNERSHIP OF MATERIALS; UNAUTHORIZED COLLECTING
PROHIBITED:
From the time of placement for collection as provided in section 13-6A-8 of this
article, all solid waste and recyclable materials and recycling containers which meet
the requirements of this chapter placed for collection by the City shall become and
be the property of the City and it shall be a violation of this section for any person
other than authorized personnel of the City to collect, pick up, or cause to be
collected or picked up, any such materials. (2007 Code § 40-35; amd. Ord. 13-24,
4-15-2024, eff. 7-1-2024)
13-6A-10: RATES AND CHARGES ESTABLISHED; EXCEPTIONS:
A. Refuse:
1. Base Fee And Conditions: A fee of seventeen dollars and twenty five cents
($17.25) per dwelling unit per month shall be paid to the City by the account
holder for solid waste collection services. The fee shall be in payment for
collection and disposal of one (1) thirty five (35) gallon City owned cart per
month per cart.
2. Optional Carts: The fee for a forty eight (48) gallon solid waste cart shall
be nineteen dollars and thirty one cents ($19.31) per month. The fee for a sixty
four (64) gallon solid waste cart is twenty three dollars and sixteen cents
($23.16) per month per cart. The fee for a ninety six (96) gallon solid waste cart
is thirty two dollars and fifty three cents ($32.53) per month per cart.
3. Alley Cart Fees: The fee for a forty eight (48) gallon solid waste cart is
seventeen dollars and twenty five cents ($17.25) per month per cart. The fee
for a sixty four (64) gallon solid waste cart is eighteen dollars and seventy six
cents ($18.76) per month per cart. The fee for a ninety six (96) gallon solid
waste cart is twenty six dollars and ninety two cents ($26.92) per month per
cart.
4. Shared Carts: In multifamily dwellings, where the property owner is the
account holder, the owner can opt to using shared ninety six (96) gallon carts.
Each unit will be billed the basic service, and the number of units will share one
or more ninety six (96) gallon carts.
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5. Single -Use Refuse Stickers: The fee for a single use refuse sticker shall
be two dollars ($2.00) and shall be applied to each additional standard solid
waste container, bag, or small item.
6. A fee of twenty dollars ($20.00) shall be paid to the City for each removal
of refuse containers from the curb.
B. Recycling:
1. For Class II premises not serviced by City solid waste collection services
for recycling collection, upon approval of an application for City recycling
collection a fee of seven dollars ($7.00) per month per ninety six (96) gallon
container (or volume equivalence) shall be paid to the City by the property
owner of each.
2. A fee of twenty dollars ($20.00) shall be paid to the City for each removal
of recycling containers from the curb.
C. Organic Waste:
1. The fee for single -use brush -tie shall be one dollar and fifty cents ($1.50)
each.
2. The fee for single use stickers shall be one dollar and fifty cents ($1.50)
each.
3. The fee paid to the City by a customer of record with the City for an annual
yard waste decal for a privately -owned rigid thirty five (35) gallon container shall
be forty dollars ($40.00) each. A decal shall only be used by the customer of
record with the City who purchased it.
4. The fee paid to the City for subscription to a sixty four (64) gallon
City -issued organic waste cart shall be ten dollars ($10.00) per cart per month.
5. The minimum fee paid to the City for collection of a scheduled leaf rake out
is twenty dollars ($20.00) for a forty (40) standard leaf bag equivalent pile of
leaves in the parking lane at the curb.
6. A fee of twenty dollars ($20.00) shall be paid to the City for each removal
of organic waste containers from the curb.
D. Bulky Waste:
1. A fee of thirteen dollars ($13.00) shall be paid by the owner for each time
the service is provided for up to the equivalent of three (3) cubic yards of solid
waste.
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13-6A-10
2. An additional fee of thirteen dollars ($13.00) shall be paid for each
additional three (3) cubic yards of solid waste.
3. A fee of six dollars ($6.00) shall be paid to the City for each tire.
4. A fee of twenty dollars ($20.00) shall be paid to the City by the owner for
each appliance collected in the service (such as stoves, microwaves,
dishwashers, refrigerators, and dehumidifiers).
5. A fee of six dollars ($6.00) shall be paid to the City for metal material that
is larger than two feet by three feet (2' x 3') and or heavier than forty (40)
pounds (such as grills, bed rails, exercise bikes).
6. A fee of twenty ($20.00) shall be paid to the City for each collection of a TV
or monitor.
7. A fee of six dollars ($6.00) shall be paid to the City for the collection of
items with a plug in/chord per pick-up (such as VCR's, computer tower, or
computer printer), Excluding TVs and monitors.
8. A fee of twenty dollars ($20.00) shall be paid to the City for each collection
requested by the for service on a day not receiving weekly collection at the
service address in which the collection crew is not in that service area or is not
a current weekly solid waste customer of the City.
Service Type
FY25 Rates
Refuse
35-Gallon Cart
$17.25
48-Gallon Cart
$19.31
64-Gallon Cart
$23.16
96-Gallon Cart
$32.53
48-Gallon - ALLEY CART
$17.25
64-Gallon - ALLEY CART
$18.67
96-Gallon - ALLEY CART
$26.92
Shared Cart Fee Per Unit
$17.25
Single -Use Trash Sticker
$2.00
Discount for Income Eligible
Customers (see Paragraph F of
Section 13-6A-F)
($8.63)
April 2024
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Page 596 of 1454
13-6A-10
13-6A-11
Service Type
FY25 Rates
Organic Waste
Annual Yard Waste Decal
$40.00
64-Gallon Cart
$10.00
13-Gallon Cart
$1.00
Leaf Rake -Out
$20.00
Yard Waste Brush Ties
$1.50
Single -Use Yard Waste Sticker
$1.50
Recycling
Recycling Only - Residential &
Commercial
$7.00
Bulky Items
1 Hopper - 3 Cubic Yd of Refuse
$13.00
Tire
$6.00
Large Metal Material Pick -Up
$6.00
Appliance
$20.00
TV and Monitors
$20.00
Electronic Pick -Up
$6.00
Miscellaneous
Off-Route/Non-Customer Fee
$20.00
Right -Of -Way Removal Fee
$20.00
(Ord. 14-19, 3-7-2019, eff. 7-1-2019; amd. Ord. 17-20, 4-23-2020; Ord. 22-20,
6-1-2020; Ord. 9-21, 3-24-2021, eff. 7-1-2021; Ord. 14-22, 3-29-2022; Ord. 15-23,
3-23-2023, eff. 7-1-2023; Ord. 13-24, 4-15-2024, eff. 7-1-2024)
13-6A-11: CHARGES; BILLING AND COLLECTION:
A. City Billing: The City Manager is authorized to bill tenants upon the written
request of the property owner and according to a procedure to be established
by the City Manager. The property owner in such cases shall provide any
information on each tenant's mailing address to aid in the collection of fees for
City services. In all cases, the property owner shall remain liable for the
payment of all charges required by this chapter.
B. Monthly Billing: All accounts shall be billed monthly. The payment of bills is
subject to the terms of section 13-1 C-4 of this title.
C. Unpaid Billing For Class I Premises: The collection of solid waste provided
Class I premises and the maintenance of the availability of such service,
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13-6A-12
whether or not such service is used regularly or not at all by the owner of such
Class I premises, is hereby declared a benefit to said premises at least equal
to the monthly charges specified, and in case of failure to pay the monthly
charge when billed as heretofore provided, then the monthly charge shall
become a lien against the property benefitted or served and shall be collected
in the same manner as general Property Taxes.
D. Certify Delinquent Accounts To County Treasurer: It is the duty of the City
Treasurer to certify the actual rates and fees plus the costs of administration
to the County Treasurer as provided in section 13-1 C-4 of this title and all such
costs will constitute a lien against said property and be collected with and in the
same manner as general Property Taxes on said property.
E. In cases of extreme financial hardship, the City may make adjustments in the
monthly collection charges as deemed appropriate. In such cases, the City may
require proof of financial status or extreme hardship, as the City may deem
necessary.
F. When resident(s) of a Class I premises meets the HUD "Section 8" guidelines
for the size of the household may, upon application to the City Manager or
designee, be exempted from one-half (1/2) the established thirty five (35)
gallon refuse collection service rate. After the initial application, annual review
is required. (Ord. 29-08, 5-5-2008; amd. Ord. 56-12, 9-17-2012; Ord. 3-20,
1-21-2020; Ord. 13-24, 4-15-2024, eff. 7-1-2024)
13-6A-12: PRIVATE COLLECTION SERVICE:
A. License Required: No person shall engage in the business of removing or
hauling solid waste from the premises of another person without a license to
do so from the City Manager. The issuance of such license shall be in the
manner prescribed and subject to the terms of title 4, chapter 1 of this Code.
B. Application For License; Fee: Application for such license shall specify the type
of equipment and vehicles to be used, the routes to be traveled, the places to
be served and the name and residence of the applicant. Such persons shall
pay, at the Office of the City Treasurer, an annual license fee of twenty five
dollars ($25.00) per year for each vehicle engaged in such business.
C. Display Of License Number On Vehicle: No person shall operate a vehicle
licensed under this section unless the license number is prominently displayed
on the lower portion of the driver's side of the windshield in clear view. Such
license number shall be affixed to the vehicle not less than five (5) days after
the day of issue.
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Page 598 of 1454
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13-6A-12
D. Separability Of Provisions: It is the intention of the City Council that each
subsection, paragraph, sentence, clause, and provision of this section is
separable, and if any provision is held unconstitutional or invalid for any reason,
such decision shall not affect the remainder of this section nor any part thereof
other than that affected by such decision. (2007 Code § 40-50; amd. Ord.
17-20, 4-23-2020; Ord. 9-21, 3-24-2021, eff. 7-1-2021; Ord. 13-24, 4-15-2024,
eff. 7-1-2024)
April 2024
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Page 600 of 1454
16-2-3
16-2-3
MANUFACTURING, The initial manufacture, compounding, and
PRIMARY: processing of raw or unprocessed materials, or the
manufacture of component parts that require
additional processing, fabrication, or assembly prior
to use by the consumer.
MANUFACTURING, The mechanical or chemical transformation of
SECONDARY: materials or substances into new products, including
the assembling of component parts, and the
blending of materials, such as lubricating oils,
plastics, resins, or liquors, for final use or
consumption.
MATERNITY GROUP Acommunity-based residential home providing room
HOME: and board, supervision, training, education, and
personal support in a family environment for up to
four (4) women, who are either pregnant or who
have given birth within the last twenty-four (24)
months, and their child(ren). Such a site may also
include both onsite overnight room accommodations
and office space for staff who provide and/or
administrate such a service.
MICROBREWERY: See definition of Brewery, Micro.
MINISTORAGE OR A building orgroup of buildings containing individual,
MINIWAREHOUSE: compartmentalized, and controlled access stalls or
lockers for storage.
MIXED USE: Properties where various uses, such as office,
commercial, institutional, and/or residential, are
combined in a single building or on a single site in an
integrated development project with significant
functional interrelationships and a coherent physical
design.
MOBILE HOME: Any vehicle without motive power used or so
manufactured or constructed as to permit its being
used as a conveyance upon the public streets and
highways and so designed, constructed, or
reconstructed as will permit the vehicle to be used
as a place for human habitation by one or more
persons; but shall also include any such vehicle with
motive power not registered as a motor vehicle in
Iowa. A mobile home is factory built housing built on
a chassis. A mobile home shall not be construed to
be a travel trailer or other form of recreational
vehicle. A mobile home shall be construed to remain
a mobile home, subject to all regulations applying
April 2024
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16-2-3 16-2-3
thereto, whether or not wheels, axles, hitch, or other
appurtenances of mobility are removed and
regardless of the nature of the foundation provided.
However, certain mobile homes may be classified as
"manufactured homes". Nothing in this title shall be
construed as permitting a mobile home in other than
an approved mobile home park, unless such mobile
home is classified as a manufactured home.
MOBILE HOME PARK: A parcel of land under single ownership that has
been planned and improved for the placement of
mobile housing used or to be used for dwelling
purposes and where mobile home spaces are not
offered for sale or sold. The term "mobile home
park" does not include sales lots on which new or
used mobile homes are parked for the purposes of
storage, inspection, or sale.
MOBILE HOME Any area, piece, parcel, tract or plot of ground
SUBDIVISION: subdivided and used or intended to be used for the
purpose of selling lots for occupancy by mobile
homes.
MODULAR HOME: A factory built structure which is to be used as a
place of human habitation, is constructed to comply
with the Iowa state building code for modular factory
built structures, as adopted and displays a seal
issued by the Iowa state building code
commissioner.
MORATORIUM: A temporary halting of specific development
activities for a specific time frame.
MOTEL: See definition of Hotel.
MUSEUM: An institution devoted to the procurement, care,
study, and display of objects of lasting interest and
value.
NIGHTCLUB: A commercial establishment dispensing beverages
for consumption on the premises and in which
dancing is permitted or entertainment is provided,
except when defined as adult entertainment. See
also definition of Bar.
NONCONFORMING A building or portion thereof which was lawful when
BUILDING: established but which does not conform to
subsequently established zoning or zoning
regulations.
April 2024
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16-2-3
16-2-3
YARD, REQUIRED: See definition of setback.
YARD, SIDE: The area between a principal building and an interior
property, and extending between the front yard and
rear yard. In the case of double frontage lots, side
yards shall extend between the front yards. In the
case of corner lots, yards remaining after front yards
have been established shall be considered side
yards.
YARD, SPECIAL: A required yard other than the required front yard so
oriented that neither the terms "side yard" nor "rear
yard" clearly apply. In such cases the City Planner
shall determine, based on topography, location,
orientation and pattern of adjacent structures and
development which yard requirement is more
appropriate.
ZONING DISTRICT: A section of the City in which zoning regulations and
standards are uniform.
ZONING MAP, Map delineating the boundaries of zoning districts
OFFICIAL: which, along with the zoning text, is officially adopted
by the Dubuque City Council and on file in the Office
of the Planning Services Department. (Ord. 52-09,
10-19-2009; amd. Ord. 48-10, 8-16-2010; Ord. 63-10,
12-20-2010; Ord. 48-14, 7-21-2014; Ord. 10-18,
3-19-2018; Ord. 19-20, 5-18-2020; Ord. 30-21,
9-20-2021; Ord. 49-23, 11-20-2023)
April 2024
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Page 604 of 1454
16-5-2-1: PRINCIPAL PERMITTED USES:
The following uses are permitted in the R-1 district:
Cemetery, mausoleum, or columbarium.
Community gardens.
Golf course.
Maternity group home.
Parks, public or private, and similar natural recreation areas.
Place of religious exercise or assembly.
Public, private or parochial school approved by the state of Iowa (K - 12).
Railroad or public or quasi -public utility, including substation.
Single-family detached dwelling. (Ord. 52-09, 10-19-2009; amd. Ord. 17-13,
3-18-2013; Ord. 19-20, 5-18-2020; Ord. 49-23, 11-20-2023)
16-5-2-2: CONDITIONAL USES:
The following conditional uses may be permitted in the R-1 district, subject to the
provisions of section 16-8-5 of this title:
Accessory dwelling unit.
Bed and breakfast home.
Keeping of horses or ponies.
Licensed adult day services.
Licensed childcare center.
Mortuary, funeral home, or crematorium.
Off street parking.
Tour home.
Tourist home.
16-5-2-2
April 2024
16-5-2-4
City of Dubuque
Page 605 of 1454
Wind energy conversion system. (Ord. 52-09, 10-19-2009; amd. Ord. 66-14,
11-17-2014)
16-5-2-3: ACCESSORY USES:
The following uses are permitted as accessory uses as provided in section 16-3-7
of this title:
Detached garage.
Fence.
Garage sale, provided that not more than three (3) such sales shall be allowed
per premises per calendar year and not more than three (3) consecutive days
per sale.
Home based business.
Keeping of hens for egg production.
Noncommercial garden, greenhouse or nursery.
Off street parking and storage of vehicles.
Satellite receiving dish.
Solar collector (freestanding arrays are limited to not more than 100 aggregate
square feet and 10 feet in height).
Sport, recreation, or outdoor cooking equipment.
Storage building.
Tennis court, swimming pool or similar permanent facility.
Wind turbine (building mounted). (Ord. 52-09, 10-19-2009; amd. Ord. 47-14,
7-21-2014; Ord. 54-15, 8-17-2015)
16-5-2-4: TEMPORARY USES:
Temporary uses shall be regulated in conformance with the provisions of section
16-3-19 of this title. (Ord. 52-09, 10-19-2009)
April 2024
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16-5-3 16-5-3-2
16-5-3: R-2 TWO-FAMILY RESIDENTIAL:
The R-2 district is intended to provide residential areas characterized by single-
family and two-family dwellings. Increased densities and the introduction of two-
family housing types are intended to provide greater housing options while
maintaining the basic qualities of a low density residential neighborhood. The
principal use of land in this district is for low density single- and two-family dwellings
and related recreational, religious and educational facilities. (Ord. 52-09,
10-19-2009)
16-5-3-1: PRINCIPAL PERMITTED USES:
The following uses are permitted in the R-2 district:
Cemetery, mausoleum, or columbarium.
Community gardens.
Golf course.
Maternity group home.
Parks, public or private, and similar natural recreation areas.
Place of religious exercise or assembly.
Public, private, or parochial school, approved by the state of Iowa (K - 12).
Railroad or public or quasi -public utility, including substation.
Single-family detached dwelling.
Townhouse (maximum 2 dwelling units).
Two-family dwelling (duplex). (Ord. 52-09, 10-19-2009; amd. Ord. 17-13,
3-18-2013; Ord. 19-20, 5-18-2020; Ord. 49-23, 11-20-2023)
16-5-3-2: CONDITIONAL USES:
The following conditional uses may be permitted in the R-2 district, subject to the
provisions of section 16-8-5 of this title:
Accessory dwelling unit.
Bed and breakfast home.
April 2024
City of Dubuque
Page 607 of 1454
16-5-3-2
16-5-3-3
Hospice.
Licensed adult day services.
Licensed childcare center.
Mortuary, funeral home, or crematorium.
Off street parking.
Tour home.
Tourist home.
Wind energy conversion system. (Ord. 52-09, 10-19-2009; amd. Ord. 66-14,
11-17-2014; Ord. 20-22, 5-20-2022)
16-5-3-3: ACCESSORY USES:
The following uses are permitted as accessory uses as provided in section 16-3-7
of this title:
Detached garage.
Fence.
Garage sale, provided that not more than three (3) such sales shall be allowed
per premises per calendar year and not more than three (3) consecutive days
per sale.
Home based business.
Keeping of hens for egg production.
Noncommercial garden, greenhouse or nursery.
Off street parking and storage of vehicles.
Satellite receiving dish.
Solar collector (freestanding arrays are limited to not more than 100 aggregate
square feet and 10 feet in height).
Sport, recreation, or outdoor cooking equipment.
September 2022
City of Dubuque
Page 608 of 1454
16-5-3-3 16-5-3-6
Storage building.
Tennis court, swimming pool or similar permanent facility.
Wind turbine (building mounted). (Ord. 52-09, 10-19-2009; amd. Ord. 47-14,
7-21-2014; Ord. 54-15, 8-17-2015)
16-5-3-4: TEMPORARY USES:
Temporary uses shall be regulated in conformance with the provisions of section
16-3-19 of this title. (Ord. 52-09, 10-19-2009)
16-5-3-5: PARKING:
Minimum parking requirements shall be regulated in conformance with the
provisions of chapter 14 of this title, except for properties located within the Jackson
Park and Cathedral Historic Districts where off-street parking is not required. (Ord.
52-09, 10-19-2009; amd. Ord. 9-24, 4-15-2024)
16-5-3-6: SIGNS:
Signs shall be regulated in conformance with the provisions of chapter 15 of this
title. (Ord. 52-09, 10-19-2009)
April 2024
City of Dubuque
Page 609 of 1454
16-5-3-7
16-5-3-7: BULK REGULATIONS:
16-5-3-7
Maximum
Setbacks
Minimum
Lot
Front
Minimum Lot
Lot
Coverage
Minimum
Minimum
Maximum
Minimum2
Maximum
R-2 Residential
Area
Frontage
(Lot Area)
Side
Rear
Height
Permitted uses:
Place of religious exercise or
20,000
100 ft.
40%
20 ft.
-
20 ft.
20 ft.
75 ft.'
assembly, school
sq. ft.
Single-family detached dwelling
5,000
50 ft.
40%
20 ft.
50 ft.
6 ft.
20 ft.
30 ft.
sq. ft.
Townhouse (2 du maximum)
3,000
25 ft./du
40%
20 ft.
50 ft.
6/0 ft.
20/0 ft.
30 ft.
sq. ft./du
Two-family dwelling
6,000
50 ft.
40%
20 ft.
50 ft.
6 ft.
20 ft.
30 ft.
sq. ft.
Conditional uses:
Bed and breakfast home
5,000
50 ft.
40%
20 ft.
50 ft.
6 ft.
20 ft.
30 ft.
sq. ft.
Hospice
5,000
50 ft.
40%
20 ft.
-
6 ft.
20 ft.
30 ft.
sq. ft.
September 2022
City of Dubuque
Page 610 of 1454
16-5-4 16-5-4-1
16-5-4: R-2A ALTERNATE TWO-FAMILY RESIDENTIAL:
The R-2A district is intended to provide for the protection of certain older areas of
the community developed principally as single-family and two-family uses.
Characteristics of the R-2A district are: smaller than average lot widths and area,
established building lines much closer to the public right of way and required
setback lines, and/or greater lot coverage than allowed in the more recent
developing areas where such requirements can be provided. The R-2A district is
intended to be located in those areas displaying one or more of the above
characteristics. The purpose of this district is to stabilize and preserve the residential
character of existing areas through the establishment of bulk regulations in
conformity with existing conditions. (Ord. 52-09, 10-19-2009)
16-5-4-1: PRINCIPAL PERMITTED USES:
The following uses are permitted in the R-2A district:
Cemetery, mausoleum, or columbarium.
Community gardens.
Golf course.
Maternity group home.
Parks, public or private, and similar natural recreation areas.
Place of religious exercise or assembly.
Public, private, or parochial school approved by state of Iowa (K - 12).
Railroad or public or quasi -public utility, including substation.
Single-family detached dwelling.
Townhouse (maximum 2 dwelling units).
Two-family dwelling (duplex). (Ord. 52-09, 10-19-2009; amd. Ord. 17-13,
3-18-2013; Ord. 19-20, 5-18-2020; Ord. 49-23, 11-20-2023)
April 2024
City of Dubuque
Page 611 of 1454
16-5-4-2
16-5-4-3
16-5-4-2: CONDITIONAL USES:
The following conditional uses may be permitted in the R-2A district, subject to the
provisions of section 16-8-5 of this title:
Accessory dwelling unit.
Bed and breakfast home.
Hospice.
Licensed adult day services.
Licensed childcare center.
Off premises residential garage.
Off street parking.
Tour home.
Tourist home.
Wind energy conversion system. (Ord. 52-09, 10-19-2009; Ord. 20-22,
5-20-2022)
16-5-4-3: ACCESSORY USES:
The following uses are permitted as accessory uses as provided in section 16-3-7
of this title:
Detached garage.
Fence.
Garage sale, provided that not more than three (3) such sales shall be allowed
per premises per calendar year and not more than three (3) consecutive days
per sale.
Home based business.
September 2022
City of Dubuque
Page 612 of 1454
16-5-4-3 16-5-4-6
Keeping of hens for egg production.
Noncommercial garden, greenhouse or nursery.
Off street parking and storage of vehicles.
Satellite receiving dish.
Solar collector (freestanding arrays are limited to not more than 100 aggregate
square feet and 10 feet in height).
Sport, recreation, or outdoor cooking equipment.
Storage building.
Tennis court, swimming pool or similar permanent facility.
Wind turbine (building mounted). (Ord. 52-09, 10-19-2009; amd. Ord. 47-14,
7-21-2014; Ord. 54-15, 8-17-2015)
16-5-4-4: TEMPORARY USES:
Temporary uses shall be regulated in conformance with the provisions of section
16-3-19 of this title. (Ord. 52-09, 10-19-2009)
16-5-4-5: PARKING:
Minimum parking requirements shall be regulated in conformance with the
provisions of chapter 14 of this title, except for properties located within the Jackson
Park and Cathedral Historic Districts where off-street parking is not required. (Ord.
52-09, 10-19-2009; amd. Ord. 9-24, 4-15-2024)
16-5-4-6: SIGNS:
Signs shall be regulated in conformance with the provisions of chapter 15 of this
title. (Ord. 52-09, 10-19-2009)
April 2024
City of Dubuque
Page 613 of 1454
16-5-4-7
16-5-4-7: BULK REGULATIONS:
16-5-4-7
Maximum
Setbacks
Minimum
Lot
Front
R-2A Residential
Minimum Lot
Area
Lot
Frontage
Coverage
(Lot Area)
Minimum
Side
Minimum
Rear
Maximum
Height
Minimum',3
Maximum
Permitted uses:
Place of religious exercise or
20,000
100 ft.
40%
10 ft.
-
20 ft.
20 ft.
75 ft.2
assembly, school
sq. ft.
Single-family detached dwelling
2,500
25 ft.
50%
10 ft.
50 ft.
3 ft.
10 ft.
30 ft.
sq. ft.
Townhouse (2 du maximum)
2,500
25 ft./du
50%
10 ft.
50 ft.
3/0 ft.
10/0 ft.
30 ft.
sq. ft./du
Two-family dwelling
2,500
25 ft.
50%
10 ft.
50 ft.
3 ft.
10 ft.
30 ft.
sq. ft.
Conditional uses:
Bed and breakfast home
2,500
25 ft.
50%
10 ft.
50 ft.
3 ft.
10 ft.
30 ft.
sq. ft.
Hospice
2,500
25 ft.
50%
10 ft.
-
3 ft.
10 ft.
30 ft.
sq. ft.
September 2022
City of Dubuque
Page 614 of 1454
16-5-5
16-5-5-2
16-5-5: R-3 MODERATE DENSITY MULTI -FAMILY RESIDENTIAL:
The R-3 district is intended to provide locations for a variety of dwelling types
ranging from single-family to low rise multi -family dwellings. The R-3 district also
serves as a transition between residential and nonresidential districts. (Ord. 52-09,
10-19-2009)
16-5-5-1: PRINCIPAL PERMITTED USES:
The following uses are permitted in the R-3 district:
Cemetery, mausoleum, or columbarium.
Community gardens.
Golf course.
Maternity group home.
Multi -family dwelling (maximum 6 dwelling units).
Parks, public or private, and similar natural recreation areas.
Place of religious exercise or assembly.
Public, private, or parochial school approved by state of Iowa (K - 12).
Railroad or public or quasi -public utility, including substation.
Single-family detached dwelling.
Townhouse (maximum 6 dwelling units).
Two-family dwelling (duplex). (Ord. 52-09, 10-19-2009; amd. Ord. 17-13,
3-18-2013; Ord. 19-20, 5-18-2020; Ord. 49-23, 11-20-2023)
16-5-5-2: CONDITIONAL USES:
The following conditional uses may be permitted in the R-3 district, subject to the
provisions of section 16-8-5 of this title:
Accessory dwelling unit.
April 2024
City of Dubuque
Page 615 of 1454
16-5-5-2
16-5-5-3
Bed and breakfast home.
Group home.
Hospice.
Housing for the elderly or persons with disabilities.
Individual zero lot line detached dwelling.
Licensed adult day services.
Licensed childcare center.
Mortuary, funeral home, or crematorium.
Nursing or convalescent home.
Off premises residential garage.
Off street parking.
Rooming or boarding house.
Tour home.
Tourist home.
Wind energy conversion system. (Ord. 52-09, 10-19-2009; Ord. 20-22,
5-20-2022)
16-5-5-3: ACCESSORY USES:
The following uses are permitted as accessory uses as provided in section 16-3-7
of this title:
Detached garage.
Fence.
September 2022
City of Dubuque
Page 616 of 1454
16-5-5-3
16-5-5-6
Garage sale, provided that not more than three (3) such sales shall be allowed
per premises per calendar year and not more than three (3) consecutive days
per sale.
Home based business.
Keeping of hens for egg production.
Noncommercial garden, greenhouse or nursery.
Off street parking and storage of vehicles.
Satellite receiving dish.
Solar collector (freestanding arrays are limited to not more than 100 aggregate
square feet and 10 feet in height).
Sport, recreation, or outdoor cooking equipment.
Storage building.
Tennis court, swimming pool or similar permanent facility.
Wind turbine (building mounted). (Ord. 52-09, 10-19-2009; amd. Ord. 47-14,
7-21-2014; Ord. 54-15, 8-17-2015)
16-5-5-4: TEMPORARY USES:
Temporary uses shall be regulated in conformance with the provisions of section
16-3-19 of this title. (Ord. 52-09, 10-19-2009)
16-5-5-5: PARKING:
Minimum parking requirements shall be regulated in conformance with the
provisions of chapter 14 of this title, except for properties located within the Jackson
Park and Cathedral Historic Districts where off-street parking is not required. (Ord.
52-09, 10-19-2009; amd. Ord. 9-24, 4-15-2024)
16-5-5-6: SIGNS:
Signs shall be regulated in conformance with the provisions of chapter 15 of this
title. (Ord. 52-09, 10-19-2009)
April 2024
City of Dubuque
Page 617 of 1454
16-5-5-7
16-5-5-7: BULK REGULATIONS:
16-5-5-7
R-3 Residential
Minimum Lot Area
Minimum
Lot
Frontage
Maximum
Lot
Coverage
(Lot Area)
Setbacks
Maximum
Height
Front
Minimum
Side
Minimum
Rear
Minimum2
Maximum
Permitted uses:
Multi -family dwelling (6 du
maximum)
2,000 sq. ft./du
50 ft.
40%
20 ft.
-
4 ft.
20 ft.
30 ft.
Place of religious exercise or
assembly, school
20,000 sq. ft.
100 ft.
40%
20 ft.
-
20 ft.
20 ft.
75 ft.'
Single-family detached dwelling
5,000 sq. ft.
50 ft.
40%
20 ft.
50 ft.
4 ft.
20 ft.
30 ft.
Townhouse (6 du maximum)
1,600 sq. ft./du
16 ft./du
40%
20 ft.
-
4/0 ft.
20/0 ft.
30 ft.
Two-family dwelling
5,000 sq. ft.
50 ft.
40%
20 ft.
50 ft.
4 ft.
20 ft.
30 ft.
Conditional uses:
Bed and breakfast home
5,000 sq. ft.
50 ft.
40%
20 ft.
50 ft.
4 ft.
20 ft.
30 ft.
Group home
5,000 sq. ft.
50 ft.
40%
20 ft.
-
4 ft.
20 ft.
30 ft.
Hospice
5,000 sq. ft.
50 ft.
40%
20 ft.
-
4 ft.
20 ft.
30 ft.
September 2022
City of Dubuque
Page 618 of 1454
16-5-6 16-5-6-2
16-5-6: R-4 MULTI -FAMILY RESIDENTIAL:
The R-4 district is intended to provide residential areas of moderate to high density
developments located adjacent to a major street and serves as a buffer or transition
between commercial development, nonresidential uses, or heavy automobile traffic
and medium density residential development. (Ord. 52-09, 10-19-2009)
16-5-6-1: PRINCIPAL PERMITTED USES:
The following uses are permitted in the R-4 district:
Cemetery, mausoleum, or columbarium.
Community gardens.
Golf course.
Maternity group home.
Multi -family dwelling (3 to 12 units per buildings).
Parks, public or private, and similar natural recreation areas.
Place of religious exercise or assembly.
Public, private, or parochial school approved by state of Iowa (K - 12).
Railroad or public or quasi -public utility, including substation.
Single-family detached dwelling.
Townhouse (3 to 12 units laterally attached).
Two-family dwelling (duplex). (Ord. 52-09, 10-19-2009; amd. Ord. 17-13,
3-18-2013; Ord. 19-20, 5-18-2020; Ord. 49-23, 11-20-2023)
16-5-6-2: CONDITIONAL USES:
The following conditional uses may be permitted in the R-4 district, subject to the
provisions of section 16-8-5 of this title:
Accessory dwelling unit.
April 2024
City of Dubuque
Page 619 of 1454
16-5-6-2
16-5-6-3
Bed and breakfast home.
Bed and breakfast inn.
Group home.
Hospice.
Housing for the elderly or persons with disabilities.
Licensed adult day services.
Licensed childcare center.
Mortuary, funeral home, or crematorium.
Multi -family dwelling of thirteen (13) or more units.
Nursing or convalescent home.
Off premises residential garage.
Off street parking.
Rooming or boarding house.
Tour home.
Tourist home.
Wind conversion energy system. (Ord. 52-09, 10-19-2009; amd. Ord. 20-22,
5-20-2022)
16-5-6-3: ACCESSORY USES:
The following uses are permitted as accessory uses as provided in section 16-3-7
of this title:
Detached garage.
Fence.
September 2022
City of Dubuque
Page 620 of 1454
16-5-6-3
16-5-6-6
Garage sale, provided that not more than three (3) such sales shall be allowed
per premises per calendar year and not more than three (3) consecutive days
per sale.
Home based business.
Keeping of hens for egg production.
Noncommercial garden, greenhouse or nursery.
Off street parking and storage of vehicles.
Satellite receiving dish.
Solar collector (freestanding arrays are limited to not more than 100 aggregate
square feet and 10 feet in height).
Sport, recreation, or outdoor cooking equipment.
Storage building.
Tennis court, swimming pool or similar permanent facility.
Wind turbine (building mounted). (Ord. 52-09, 10-19-2009; amd. Ord. 47-14,
7-21-2014; Ord. 54-15, 8-17-2015)
16-5-6-4: TEMPORARY USES:
Temporary uses shall be regulated in conformance with the provisions of section
16-3-19 of this title. (Ord. 52-09, 10-19-2009)
16-5-6-5: PARKING:
Minimum parking requirements shall be regulated in conformance with the
provisions of chapter 14 of this title, except for properties located within the Jackson
Park and Cathedral Historic Districts where off-street parking is not required. (Ord.
52-09, 10-19-2009; amd. Ord. 9-24, 4-15-2024)
16-5-6-6: SIGNS:
Signs shall be regulated in conformance with the provisions of chapter 15 of this
title. (Ord. 52-09, 10-19-2009)
April 2024
City of Dubuque
Page 621 of 1454
16-5-6-7
16-5-6-7: BULK REGULATIONS:
16-5-6-7
R-4 Residential
Minimum
Lot Area
Minimum
Lot
Frontage
I Maximum
Lot
Coverage
Setbacks
Maximum
Height
Front
Minimum
Side
Minimum
Rear
Minimum
Maximum
Permitted uses:
Multi -family dwelling (12 du
maximum)
2,000 sq.
ft./du
50 ft.
40%
20 ft.
-
3 ft.'
20 ft.
40 ft.
Place of religious exercise or
assembly, school
20,000 sq. ft.
100 ft.
40%
20 ft.
-
20 ft.
20 ft.
75 ft.2
Single-family detached dwelling
5,000 sq. ft.
50 ft.
40%
20 ft.
50 ft.
4 ft.
20 ft.
30 ft.
Townhouse (12 du maximum)
1,600 sq.
ft./du
16 ft./du
40%
20 ft.
-
0/3 ft.
20/0 ft.
40 ft.
Two-family dwelling
5,000 sq. ft.
50 ft.
40%
20 ft.
50 ft.
4 ft.
20 ft.
30 ft.
Conditional uses:
Bed and breakfast home
5,000 sq. ft.
50 ft.
40%
20 ft.
50 ft.
4 ft.
20 ft.
30 ft.
Bed and breakfast inn
5,000 sq. ft.
50 ft.
40%
20 ft.
50 ft.
4 ft.
20 ft.
30 ft.
Group home
5,000 sq. ft.
50 ft.
40%
20 ft.
-
3 ft.'
20 ft.
40 ft.
September 2022
City of Dubuque
Page 622 of 1454
16-5-7
16-5-7-1
16-5-7: OR OFFICE RESIDENTIAL:
The OR district is intended to serve as a transition zone between commercial and
single- and two-family residential areas permitting adaptive reuse of existing building
stock, which will normally be residential in character. This OR district is not intended
to have any application in undeveloped or newly developing areas of the city or on
land made vacant through intentional demolition. Development standards remain
flexible to allow conservation and reuse of existing buildings. This district should be
located in areas abutting arterial and/or collector streets which are, because of
location and trends, suitable for development of low intensity office uses, and high
intensity residential uses. (Ord. 52-09, 10-19-2009)
16-5-7-1: PRINCIPAL PERMITTED USES:
The following uses are permitted in the OR district:
Art gallery, museum or library.
Artist studio.
Community gardens.
General office.
Hospice.
Housing for the elderly or persons with disabilities.
Licensed childcare center.
Maternity group home.
Medical office.
Mortuary or funeral home.
Multi -family dwelling.
Nursing or convalescent home.
Parking structure.
Place of religious exercise or religious assembly.
April 2024
City of Dubuque
Page 623 of 1454
16-5-7-1
16-5-7-2
Public, private, or parochial school approved by state of Iowa (K - 12).
Railroad or public or quasi -public utility, including substation.
Registered child development home.
School of private instruction.
Single- or two-family dwelling unit within an existing structure only.
Townhouse (2 or more laterally attached units). (Ord. 52-09, 10-19-2009; amd.
Ord. 54-19, 12-16-2019; Ord. 19-20, 5-18-2020; Ord. 30-21, 9-20-2021; Ord.
49-23, 11-20-2024)
16-5-7-2: CONDITIONAL USES:
The following conditional uses are permitted in the OR district, subject to the
provisions of section 16-8-5 of this title:
Accessory dwelling unit.
Bed and breakfast home.
Bed and breakfast inn.
Group home.
Licensed adult day services.
Off premises residential garage.
Off street parking.
Photographic studio.
Private club.
Rooming or boarding house.
Tour home.
Tourist home.
April 2024
City of Dubuque
Page 624 of 1454
16-5-7-2
16-5-7-3
Wind energy conversion system. (Ord. 52-09, 10-19-2009; amd. Ord. 54-19,
12-16-2019; Ord. 20-22, 5-20-2022)
16-5-7-3: ACCESSORY USES:
The following uses are permitted as accessory uses as provided in section 16-3-7
of this title:
Crematorium accessory to a mortuary or funeral home.
Detached garage.
Fence.
Garage sale, provided that not more than three (3) such sales shall be allowed
per premises per calendar year and not more than three (3) consecutive days
per sale.
Home based business.
Noncommercial garden, greenhouse or nursery.
Off street parking and storage of vehicles.
Satellite receiving dish.
Solar collector (freestanding arrays are limited to not more than 100 aggregate
square feet and 10 feet in height).
Sport, recreation, or outdoor cooking equipment.
Storage building.
Tennis court, swimming pool or similar permanent facility.
Wind turbine (building mounted). (Ord. 52-09, 10-19-2009; amd. Ord. 54-15,
8-17-2015)
September 2022
City of Dubuque
Page 625 of 1454
16-5-7-4
16-5-7-6
16-5-7-4: TEMPORARY USES:
Temporary uses shall be regulated in conformance with the provisions of section
16-3-19 of this title. (Ord. 52-09, 10-19-2009)
16-5-7-5: PARKING:
Minimum parking requirements shall be regulated in conformance with the
provisions of chapter 14 of this title, except for properties located within the Jackson
Park and Cathedral Historic Districts where off-street parking is not required.. (Ord.
52-09, 10-19-2009; amd. Ord. 9-24, 4-15-2024)
16-5-7-6: SIGNS:
Signs shall be regulated in conformance with the provisions of chapter 15 of this
title. (Ord. 52-09, 10-19-2009)
April 2024
City of Dubuque
Page 626 of 1454
16-5-8
16-5-8-1
16-5-8: OS OFFICE SERVICE:
The OS district is intended to encourage and permit professional office uses in
newly developing areas of the city, and is intended to be used as a transition
between commercial and residential area. (Ord. 52-09, 10-19-2009)
16-5-8-1: PRINCIPAL PERMITTED USES:
The following uses are permitted in the OS district:
Art gallery, museum, or library.
Artist studio.
Barber or beauty shop.
Dental or medical lab.
General office.
Licensed childcare center.
Maternity group home.
Medical office.
Parking structure.
Photographic studio.
Place of religious exercise or assembly.
Public, private, or parochial school approved by the state of Iowa (K - 12).
Railroad or public or quasi -public utility, including substation.
Registered child development home.
Residential use above the first floor only.
School of private instruction. (Ord. 52-09, 10-19-2009; amd. Ord. 54-19,
12-16-2019; Ord. 30-21, 9-20-2021; Ord. 49-23, 11-20-2023)
April 2024
City of Dubuque
Page 627 of 1454
16-5-8-2
16-5-8-6
16-5-8-2: CONDITIONAL USES:
The following conditional uses may be permitted in the OS district, subject to the
provisions of section 16-8-5 of this title:
Licensed adult day services.
Off street parking.
Private club.
Wind energy conversion system. (Ord. 52-09, 10-19-2009; amd. Ord. 54-19,
12-16-2019)
16-5-8-3: ACCESSORY USES:
The following uses are permitted as accessory uses as provided in section 16-3-7
of this title:
Any use customarily incidental and subordinate to the principal use it serves.
Wind turbine (building mounted). (Ord. 52-09, 10-19-2009)
16-5-8-4: TEMPORARY USES:
Temporary uses shall be regulated in conformance with the provisions of section
16-3-19 of this title. (Ord. 52-09, 10-19-2009)
16-5-8-5: PARKING:
Minimum parking requirements shall be regulated in conformance with the
provisions of chapter 14 of this title, except for properties located within the Jackson
Park and Cathedral Historic Districts where off-street parking is not required. (Ord.
52-09, 10-19-2009; amd. Ord. 9-24, 4-15-2024)
16-5-8-6: SIGNS:
Signs shall be regulated in conformance with the provisions of chapter 15 of this
title. (Ord. 52-09, 10-19-2009)
April 2024
(see following page)
City of Dubuque
Page 628 of 1454
16-5-9
16-5-9-1
16-5-9: OC OFFICE COMMERCIAL:
The OC district is intended to encourage and permit the establishment of
commercial business uses in mixed use specialty areas. This district will generally
be located in areas which have developed, or are appropriate to develop, as limited
retail districts. This district should also be located in areas adjacent to established
commercial districts, in historic and/or architecturally significant areas where the
adaptive reuse of existing buildings is encouraged, in areas of particular tourist
interest and along arterial and/or collector streets which are suitable for more
intensive commercial development. (Ord. 52-09, 10-19-2009)
16-5-9-1: PRINCIPAL PERMITTED USES:
The following uses are permitted in the OC district:
Art gallery, museum or library.
Artist studio.
Bakery (retail only).
Barber or beauty shop.
General office.
Licensed childcare center.
Maternity group home.
Medical office.
Multi -family dwelling.
Parking structure.
Photographic studio.
Place of religious exercise or assembly.
Registered child development home.
Retail sales and service.
School of private instruction.
Single-family detached dwelling.
April 2024
City of Dubuque
Page 629 of 1454
16-5-9-2
16-5-9-3
Two-family dwelling.
Any other specialty retail use of a similar nature and intensity. (Ord. 52-09,
10-19-2009; amd. Ord. 54-19, 12-16-2019; Ord. 30-21, 9-20-2021; Ord. 49-23,
11-20-2023)
16-5-9-2: CONDITIONAL USES:
The following conditional uses may be permitted in the OC district subject to the
provisions of section 16-8-5 of this title:
Accessory dwelling unit.
Bar or tavern.
Bed and breakfast home.
Bed and breakfast inn.
Licensed adult day services.
Off street parking.
Private club.
Restaurant.
Tour home.
Wind energy conversion system. (Ord. 52-09, 10-19-2009; amd. Ord. 54-19,
12-16-2019; Ord. 20-22, 5-20-2022)
16-5-9-3: ACCESSORY USES:
The following uses are permitted as accessory uses as provided in section 16-3-7
of this title:
Detached garage.
Fence.
Garage sale, provided that not more than three (3) such sales shall be allowed
per premises per calendar year and not more than three (3) consecutive days
per sale.
April 2024
City of Dubuque
Page 630 of 1454
16-5-9-3 16-5-9-6
Home based business.
Noncommercial garden, greenhouse or nursery.
Off street parking of vehicles.
Satellite receiving dish.
Solar collector (freestanding arrays are limited to not more than 100 aggregate
square feet and 10 feet in height).
Sport, recreation or outdoor cooking equipment.
Storage building.
Tennis court, swimming pool or similar permanent facility.
Wind turbine (building mounted). (Ord. 52-09, 10-19-2009; amd. Ord. 54-15,
8-17-2015)
16-5-9-4: TEMPORARY USES:
Temporary uses shall be regulated in conformance with the provisions of section
16-3-19 of this title. (Ord. 52-09, 10-19-2009)
16-5-9-5: PARKING:
Minimum parking requirements shall be regulated in conformance with the
provisions of chapter 14 of this title, except that a twenty five percent (25%)
reduction shall be allowed in the OC district for both permitted and conditional uses,
and except for properties located within the Jackson Park and Cathedral Historic
Districts where off-street parking is not required. (Ord. 52-09, 10-19-2009; amd. Ord.
9-24, 4-15-2024)
16-5-9-6: SIGNS:
Signs shall be regulated in conformance with the provisions of chapter 15 of this
title. (Ord. 52-09, 10-19-2009)
(see following page)
April 2024
City of Dubuque
Page 631 of 1454
16-5-9-7
16-5-9-7: BULK REGULATIONS:
16-5-9-7
OC Office Commercial
Minimum Lot
Area
Minimum Lot
Frontage
Maximum Lot
Coverage
(Lot Area)
Setbacks
Maximum
Height
Minimum
Front
Minimum
Side
Minimum
Rear
ermitted uses:
Multi -family dwelling
1,200 sq. ft./du
-
50%
10 ft.
3 ft.'
20 ft.
40 ft.
Place of religious exercise or assembly
20,000 sq. ft.
100 ft.
50%
10 ft.
10 ft.
20 ft.
75 ft.2
Single-family detached dwelling
5,000 sq. ft.
50 ft.
50%
10 ft.
3 ft.
20 ft.
40 ft.
Two-family dwelling
5,000 sq. ft.
50 ft.
50%
10 ft.
3 ft.
20 ft.
40 ft.
All other permitted uses
-
-
50%
10 ft.
3 ft.'
20 ft.
40 ft.
onditional uses:
Bed and breakfast home
-
-
50%
10 ft.
3 ft.
20 ft.
40 ft.
Bed and breakfast inn
-
-
50%
10 ft.
3 ft.
20 ft.
40 ft.
Off street parking lot
-
-
-
-
-
-
-
Parking structure
1 10 ft.
3 ft.
3 ft.
40 ft.
All other conditional uses
-
-
50%
10 ft.
3 ft.'
20 ft.
40 ft.
Notes:
1. Plus 1 additional foot per floor above the second floor.
2. May be erected to a height not exceeding 75 feet; provided, that such buildings shall provide at least 1 additional foot of yard space on all sides for each additional
foot by which such building exceeds the maximum height limit of the district in which it is located.
December 2015 City of Dubuque
Page 632 of 1454
16-5-9-7
(Ord. 52-09, 10-19-2009)
w
Lot Arco
3
3
3
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f
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3
�
i
}
3
3
I
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i
i
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---------------
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City of Dubuque
16-5-9-7
Page 633 of 1454
16-5-10 16-5-10-1
16-5-10: C-1 NEIGHBORHOOD COMMERCIAL:
The C-1 district is intended to be established on a very limited basis, to provide
individual parcels for commercial and residential uses in older buildings in the city's
established neighborhoods, while maintaining neighborhood character and fostering
opportunities for affordable housing. (Ord. 52-09, 10-19-2009)
16-5-10-1: PRINCIPAL PERMITTED USES:
The following uses are permitted in the C-1 district:
Bakery (retail only).
Barber or beauty shop.
Flower shop, garden store, or commercial greenhouse.
General office.
Grocery or drug store (maximum 3,500 square feet).
Laundromat.
Licensed childcare center.
Maternity group home.
Multi -family dwelling (maximum 6 dwelling units).
Place of religious exercise or assembly.
Railroad or public or quasi -public utility, including substation.
Registered child development home.
Retail sales and service.
School of private instruction.
Shoe repair.
Single-family detached dwelling.
Townhouse (maximum 6 dwelling units).
Two-family dwelling (duplex). (Ord. 52-09, 10-19-2009; amd. Ord. 54-19,
12-16-2019; Ord. 30-21, 9-20-2021; Ord. 49-23, 11-20-2023)
April 2024
City of Dubuque
Page 634 of 1454
16-5-10-2
16-5-10-6
16-5-10-2: CONDITIONAL USES:
The following conditional uses may be permitted in the C-1 district, subject to the
provisions of section 16-8-5 of this title:
Accessory dwelling unit.
Gas station (not including service station).
Indoor restaurant.
Licensed adult day services.
Medical office.
Wind energy conversion system. (Ord. 52-09, 10-19-2009; amd. Ord. 54-19,
12-16-2019; Ord. 20-22, 5-20-2022)
16-5-10-3: ACCESSORY USES:
The following uses may be permitted as accessory uses as provided in section
16-3-7 of this title:
Any use customarily incidental and subordinate to the principal use it serves.
Wind turbine (building mounted). (Ord. 52-09, 10-19-2009)
16-5-10-4: TEMPORARY USES:
Temporary uses shall be regulated in conformance with the provisions of section
16-3-19 of this title. (Ord. 52-09, 10-19-2009)
16-5-10-5: PARKING:
Minimum parking requirements shall be regulated in conformance with the
provisions of chapter 14 of this title, except for properties located within the Jackson
Park and Cathedral Historic Districts where off-street parking is not required. (Ord.
52-09, 10-19-2009; amd. Ord. 9-24, 4-15-2024)
16-5-10-6: SIGNS:
Signs shall be regulated in conformance with the provisions of chapter 15 of this
title. (Ord. 52-09, 10-19-2009)
April 2024
City of Dubuque
Page 635 of 1454
16-5-10-7
16-5-10-7: BULK REGULATIONS:
C-1 Neighborhood
Commercial
Minimum
Lot Area
Minimum
Lot
Frontage
Maximum Lot
Coverage
(Lot Area)
Setbacks
Maximum
Height
Front
Minimum
Side
Minimum
Rear
Minimum
Maximum
All uses
-
-
-
10 ft.'
-
-
-
30 ft.
Notes:
1. Minimum 20 feet for garages facing a street.
2. When abutting a residential or office residential district, a 6 foot side setback is required.
3. When abutting a residential or office residential district, a 20 foot rear setback is required.
(Ord. 52-09, 10-19-2009)
16-5-10-7
Page 636 of 1454
16-5-10-8 16-5-11
16-5-10-8: STANDARDS FOR NONRESIDENTIAL USES:
The following standards shall apply to all nonresidential permitted and conditional
uses in the C-1 district:
A. The use shall be established in an existing structure that was designed for
public, quasi -public, commercial, office, institutional, or industrial use.
B. The structure was never converted to a residential use after the effective date
hereof.
C. The use shall be conducted entirely within the structure.
D. There shall be no outdoor storage of equipment or materials on the property or
adjacent public right of way.
E. All vehicles in excess of two (2), used in conjunction with the use shall be
stored within a building when they remain on the property overnight or during
periods of nonuse, unless an alternate parking location is provided in a properly
zoned area.
�
�; F roperty
r
-
�
d
—Lot Width-
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Lot Frontage
5lreet
(Ord. 52-09, 10-19-2009)
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�i
i
Front
�{
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f -_Midpoint
tie:qht
Shed Roof
Midpoint
Meight
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(�eck6n�>',
1
Me�ghC
ti9ans and or Garnb'oll Foof
? Ntcjhe5t Level
lle.,Ih t
Flat Roof
16-5-11: C-2 NEIGHBORHOOD SHOPPING CENTER:
The C-2 district is intended to ensure that the size of the commercial center, the
nature of uses permitted and the locational characteristics are such that the
grouping of such uses will not adversely affect surrounding residences and do not
detract from the residential purpose and character of the surrounding
neighborhoods. (Ord. 52-09, 10-19-2009)
April 2013
City of Dubuque
Page 637 of 1454
16-5-11-1
16-5-11-1
16-5-11-1: PRINCIPAL PERMITTED USES:
The following uses are permitted in the C-2 district:
Appliance sales or service.
Artist studio.
Automated gas station.
Bank, savings and loan, or credit union.
Barber or beauty shop.
Commercial greenhouse.
Furniture or home furnishing sales.
Furniture upholstery or repair.
Gas station.
General office.
Golf course.
Indoor restaurant.
Laundry, dry cleaner, or laundromat.
Licensed childcare center.
Maternity group home.
Medical office.
Neighborhood shopping center.
Parks, public or private, and similar natural recreation areas.
Photographic studio.
Place of religious exercise or assembly.
Railroad or public or quasi -public utility, including substation.
Registered child development home.
April 2024
City of Dubuque
Page 638 of 1454
16-5-11-1 16-5-11-3
Residential use above the first floor only.
Retail sales and service.
School of private instruction. (Ord. 52-09, 10-19-2009; amd. Ord. 54-10,
9-20-2010; Ord. 17-13, 3-18-2013; Ord. 54-19, 12-16-2019; Ord. 30-21,
9-20-2021; Ord. 3-22, 1-18-2022; Ord. 49-23, 11-20-2023)
16-5-11-2: CONDITIONAL USES:
The following conditional uses may be permitted in the C-2 district, subject to the
provisions of section 16-8-5 of this title:
Animal hospital or clinic.
Car wash, self-service.
Licensed adult day services.
Passenger transfer facility.
Pet daycare or grooming.
Restaurant, drive-in or carryout.
Tattoo parlor.
Wind energy conversion systems. (Ord. 52-09, 10-19-2009; amd. Ord. 54-19,
12-16-2019)
16-5-11-3: ACCESSORY USES:
The following uses are permitted as accessory uses as provided in section 16-3-7
of this title:
Any use customarily incidental and subordinate to the principal use it serves.
Wind turbine (building mounted). (Ord. 52-09, 10-19-2009)
April 2024
City of Dubuque
Page 639 of 1454
16-5-11-4
16-5-11-6
16-5-11-4: TEMPORARY USES:
Temporary uses shall be regulated in conformance with the provisions of section
16-3-19 of this title. (Ord. 52-09, 10-19-2009)
16-5-11-5: PARKING:
Minimum parking requirements shall be regulated in conformance with the
provisions of chapter 14 of this title, except for properties located within the Jackson
Park and Cathedral Historic Districts where off-street parking is not required. (Ord.
52-09, 10-19-2009; amd. Ord. 9-24, 4-15-2024)
16-5-11-6: SIGNS:
Signs shall be regulated in conformance with the provisions of chapter 15 of this
title. (Ord. 52-09, 10-19-2009)
April 2024
City of Dubuque
Page 640 of 1454
16-5-11-7
16-5-11-7: BULK REGULATIONS:
C-2 Neighborhood
Shopping Center
Minimum
Lot Area
Minimum
Lot
Frontage
Maximum Lot
Coverage
(Lot Area)
Setbacks
Maximum
Height
Front
Minimum
Side
Minimum
Rear
Minimum
Maximum
All uses
-
-
-
10 ft.'
-
-
-
30 ft.
Notes:
1. Minimum 20 feet for garages facing a street.
2. When abutting a residential or office residential district, a 20 foot side setback is required.
3. When abutting a residential or office residential district, a 20 foot rear setback is required.
16-5-11-7
City of Dubuque April 2024
Page 641 of 1454
Page 642 of 1454
16-5-11-7
(Ord. 52-09, 10-19-2009)
City of Dubuque
16-5-11-7
Page 643 of 1454
16-5-12 16-5-12-1
16-5-12: C-2A MIXED USE NEIGHBORHOOD:
The C-2A district is intended to provide locations for small mixed use and
commercial developments that are separated by at least one-fourth (1/4) mile, and
contain less than two (2) acres in total developed area that serve one or more
neighborhoods. The C-2A district is intended to be compatible with and serve
surrounding residential areas by providing the goods and services for daily living.
The C-2A district is intended to reduce the need for vehicular trips and provide a
pedestrian friendly walkable development. (Ord. 52-09, 10-19-2009)
16-5-12-1: PRINCIPAL PERMITTED USES:
The following uses are permitted in the C-2A district:
Bank, savings and loan, or credit union.
Barber or beauty shop.
Commercial greenhouse.
General office.
Grocery store (less than 30,000 square feet).
Indoor restaurant (less than 100 seats).
Laundromat.
Licensed childcare center.
Maternity group home.
Place of religious exercise or assembly.
Railroad or public or quasi -public utility, including substation.
Registered child development home.
Residential use located entirely above the first floor only.
Retail sales and service (less than 3,500 square feet per business).
School of private instruction. (Ord. 52-09, 10-19-2009; amd. Ord. 54-10,
9-20-2010; Ord. 54-19, 12-16-2019; Ord. 30-21, 9-20-2021; Ord. 3-22,
1-18-2022; Ord. 49-23, 11-20-2023)
April 2024
City of Dubuque
Page 644 of 1454
16-5-13-1 16-5-13-1
Farm implement sales or service.
Furniture upholstery or repair.
Gas station.
General office.
Golf course.
Grocery store.
Hotel.
Indoor amusement arcade.
Indoor recreation facility.
Indoor restaurant.
Indoor theater.
Laundry, dry cleaner, or laundromat.
Licensed childcare center.
Maternity group home.
Medical office.
Miniwarehouse.
Mobile or manufactured home sales or service.
Mortuary or funeral home.
Moving or storage facility.
Museum or library.
Neighborhood shopping center.
Parking structure.
Parks, public or private, and similar natural recreation areas.
Pet daycare or grooming.
April 2024
City of Dubuque
Page 645 of 1454
16-5-13-1
16-5-13-2
Photographic studio.
Place of religious exercise or assembly.
Printing or publishing.
Private club.
Railroad or public or quasi -public utility, including substation.
Registered child development home.
Residential use above the first floor only.
Restaurant, drive-in or carryout.
Retail sales and service.
School of private instruction.
Service station.
Tattoo parlor.
Tour home.
Vehicle body shop.
Vehicle sales or rental.
Vehicle service or repair.
Vending or game machine sales or service.
Wholesale sales or distributor. (Ord. 52-09, 10-19-2009; amd. Ord. 17-13,
3-18-2013; Ord. 54-19, 12-16-2019; Ord. 30-21, 9-20-2021; Ord. 3-22,
1-18-2022; Ord. 44-23, 9-18-2023; Ord. 49-23, 11-20-2023)
16-5-13-2: CONDITIONAL USES:
The following conditional uses may be permitted in the C-3 district, subject to the
provisions of section 16-8-5 of this title:
April 2024
City of Dubuque
Page 646 of 1454
16-5-13-2 16-5-13-6
Licensed adult day services.
Outdoor recreation or outdoor amusement center.
Passenger transfer facility.
Wind energy conversion system. (Ord. 52-09, 10-19-2009; amd. Ord. 54-19,
12-16-2019)
16-5-13-3: ACCESSORY USES:
The following uses are permitted as accessory uses as provided in section 16-3-7
of this title:
Any use customarily incidental and subordinate to the principal use it serves.
Crematorium accessory to a mortuary or funeral home.
Wind turbine (building mounted). (Ord. 52-09, 10-19-2009)
16-5-13-4: TEMPORARY USES:
Temporary uses shall be regulated in conformance with the provisions of section
16-3-19 of this title. (Ord. 52-09, 10-19-2009)
16-5-13-5: PARKING:
Minimum parking requirements shall be regulated in conformance with the
provisions of chapter 14 of this title, except for properties located within the Jackson
Park and Cathedral Historic Districts where off-street parking is not required. (Ord.
52-09, 10-19-2009; amd. Ord. 9-24, 4-15-2024)
16-5-13-6: SIGNS:
Signs shall be regulated in conformance with the provisions of chapter 15 of this
title. (Ord. 52-09, 10-19-2009)
April 2024
City of Dubuque
Page 647 of 1454
16-5-13-7
16-5-13-7: BULK REGULATIONS:
Setbacks
Minimum
Maximum Lot
Front
Minimum
Lot
Coverage
Minimum
Minimum
Maximum
Minimum
Maximum
C-3 General Commercial
Lot Area
Frontage
(Lot Area)
Side'
Rear
Height
Licensed adult day services,
5,000
50 ft.
50%
20 ft.
-
-
-
40 ft.
licensed childcare center
sq. ft.
Vehicle sales
20,000
-
-
20 ft.
-
-
-
40 ft.
sq. ft.
All other uses
-
-
-
20 ft.
-
-
-
40 ft.
Notes:
1. When abutting a residential or office residential district, a 20 foot side setback is required.
2. When abutting a residential or office residential district, a 20 foot rear setback is required.
City of Dubuque
16-5-13-7
Page 648 of 1454
16-5-14-1 16-5-14-1
Furniture or home furnishing sales.
Furniture upholstery or repair.
Gas station.
General office.
Grocery store.
Hotel.
Housing for the elderly or persons with disabilities.
Indoor amusement center.
Indoor recreation facility.
Indoor restaurant.
Indoor theater.
Laundry, dry cleaner, or laundromat.
Licensed childcare center.
Maternity group home.
Medical office.
Mini -warehouse below the first floor only.
Mortuary or funeral home.
Neighborhood shopping center.
Parking structure.
Pet daycare or grooming.
Photographic studio.
Place of religious exercise or assembly.
Printing or publishing.
Private club.
April 2024
City of Dubuque
Page 649 of 1454
16-5-14-1
16-5-14-2
Public or private park or similar natural recreation area.
Public, private or parochial school approved by the state of Iowa (K - 12).
Railroad or public or quasi -public utility, including substation.
Registered child development home.
Residential use above the first floor only.
Retail sales or service.
School of private instruction.
Service station.
Shoe repair.
Supermarket.
Tailor or alteration shop.
Tattoo parlor.
Tour home.
Upholstery shop.
Vending or game machine sales or service.
Wholesale sales or distributor. (Ord. 52-09, 10-19-2009; amd. Ord. 41-16,
8-15-2016; Ord. 54-19, 12-16-2019; Ord. 30-21, 9-20-2021; Ord. 3-22,
1-18-2022; Ord. 49-23, 11-20-2023; Ord. 1-24, 1-16-2024)
16-5-14-2: CONDITIONAL USES:
The following conditional uses may be permitted in the C-4 district, subject to the
provisions of section 16-8-5 of this title:
Car wash.
Drive -up automated bank teller.
Licensed adult day services.
April 2024
City of Dubuque
Page 650 of 1454
16-5-14-2
16-5-14-2
Off street parking.
Passenger transfer facility.
Restaurant, drive-in or carryout.
April 2024
City of Dubuque
Page 651 of 1454
Page 652 of 1454
16-5-15-1 16-5-15-1
Housing for the elderly or persons with disabilities.
Indoor amusement center.
Indoor recreation facility.
Indoor restaurant.
Indoor theater.
Laundry or dry cleaner.
Licensed childcare center.
Maternity group home.
Medical office or clinic.
Mini -warehouse below the first floor only.
Parking structure.
Photographic studio.
Places of religious exercise or assembly.
Printing or publishing.
Private club.
Public or private park or similar natural recreation area.
Railroad or public or quasi -public utility, including substation.
Regional shopping center.
Registered child development home.
Residential use above the first floor only.
Retail sales or service.
School of private instruction.
Service station.
Shoe repair.
April 2024
City of Dubuque
Page 653 of 1454
16-5-15-1 16-5-15-4
Sport arena.
Supermarket.
Tailor or alteration shop.
Tattoo parlor. (Ord. 52-09, 10-19-2009; amd. Ord. 41-16, 8-15-2016; Ord.
54-19, 12-16-2019; Ord. 30-21, 9-20-2021; Ord. 49-23, 11-20-2023; Ord. 1-24,
1-16-2024)
16-5-15-2: CONDITIONAL USES:
The following conditional uses may be permitted in the C-5 district, subject to the
provisions of section 16-8-5 of this title:
Licensed adult day services.
Passenger transfer facility.
Wind energy conversion system. (Ord. 52-09, 10-19-2009; amd. Ord. 54-19,
12-16-2019)
16-5-15-3: ACCESSORY USES:
The following uses are permitted as accessory uses as provided in section 16-3-7
of this title:
Any use customarily incidental and subordinate to the principal use it serves.
Drive -up automated bank teller. (Ord. 52-09, 10-19-2009)
16-5-15-4: TEMPORARY USES:
The following uses may be permitted as temporary uses in the C-5 district in
conformance with the provisions of section 16-3-19 of this title:
Any use listed as a permitted use within the district.
Temporary surface parking lot may be allowed as part of a construction or
redevelopment project.
Wind turbine (building mounted). (Ord. 52-09, 10-19-2009)
April 2024
City of Dubuque
Page 654 of 1454
16-5-15-5
16-5-15-6
16-5-15-5: PARKING:
Off street parking is not required. New surface off street parking lots are prohibited
unless approved by the city council. Underground and aboveground parking
garages are allowed provided they are an integral part of a new or existing building.
(Ord. 52-09, 10-19-2009)
16-5-15-6: SIGNS:
Signs shall be regulated in conformance with the provisions of chapter 15 of this
title. (Ord. 52-09, 10-19-2009)
April 2024
City of Dubuque
Page 655 of 1454
Page 656 of 1454
16-5-16 16-5-16-1
16-5-16: CS COMMERCIAL SERVICE AND WHOLESALE:
The CS district is intended to provide locations for a variety of business services,
office uses, limited industrial activityand majorwholesale operations. The CS district
uses are primarily characterized by large storage space requirements, high volume
truck traffic and low volume customer traffic. It is intended that the CS district is one
that provides a transitional zone that can be used between industrial and
commercial uses and in cases where topography establishes a transitional area due
to physical limitations between industrial and higher density residential development.
(Ord. 52-09, 10-19-2009)
16-5-16-1: PRINCIPAL PERMITTED USES:
The following uses are permitted in the CS district:
Agricultural supply sales.
Animal hospital or clinic.
Appliance sales or service.
Auto part sales or supply.
Business services.
Commercial greenhouse.
Construction supply sales or service.
Contractor shop or yard.
Dental or medical lab.
Farm implement sales or service.
Freight transfer facility.
Fuel or ice dealer.
Furniture or home furnishing sales.
Furniture upholstery or repair.
General office.
Kennel.
April 2024
City of Dubuque
Page 657 of 1454
16-5-16-1
16-5-16-1
Landscaping services (not including retail sales as primary use).
Licensed childcare center.
Lumberyard or building material sales.
Mail order house.
Maternity group home.
Miniwarehousing.
Moving or storage facility.
Off street parking lot.
Office supply.
Passenger transfer facility.
Pet daycare or grooming.
Printing or publishing.
Processing or assembly.
Railroad or public or quasi -public utility, including substation.
Refrigeration equipment sales or service.
Registered child development home.
Resource recovery/recycling center (indoor only).
Upholstery shop.
Vehicle body shop.
Vehicle sales or rental.
Vehicle service or repair.
Vending or game machine sales or service.
Wholesale sales or distributor. (Ord. 52-09, 10-19-2009; amd. Ord. 54-19,
12-16-2019; Ord. 30-21, 9-20-2021; Ord. 3-22, 1-18-2022; Ord. 49-23,
11-20-2023)
April 2024
City of Dubuque
Page 658 of 1454
16-5-17-1
16-5-17-2
Marine vehicle sales or rental.
Marine vehicle service or repair.
Maternity group home.
Off street parking lot.
Outdoor recreation.
Parking structure.
Parks, public or private, and similar natural recreation areas.
Passenger transfer facility.
Place of religious exercise or assembly.
Pleasure craft harbor.
Private club.
Railroad or public or quasi -public utility, including substation.
Registered child development home.
Residential use above the first floor only.
Retail sales and service.
Tour home. (Ord. 52-09, 10-19-2009; amd. Ord. 49-10, 8-16-2010; Ord. 17-13,
3-18-2013; Ord. 54-19, 12-16-2019; Ord. 30-21, 9-20-2021; Ord. 49-23,
11-20-2023)
16-5-17-2: CONDITIONAL USES:
The following conditional uses may be permitted in the CR district, subject to the
provisions of section 16-8-5 of this title:
Bar or tavern.
Drive -up automated bank teller.
Gas station.
Licensed adult day services.
April 2024
City of Dubuque
Page 659 of 1454
16-5-17-2 16-5-17-6
Restaurant, drive-in or carryout.
Wind energy conversion system. (Ord. 52-09, 10-19-2009; amd. Ord. 54-19,
12-16-2019)
16-5-17-3: ACCESSORY USES:
The following uses are permitted as accessory uses as provided in section 16-3-7
of this title:
Any use customarily incidental and subordinate to the principal use it serves.
Wind turbine (building mounted). (Ord. 52-09, 10-19-2009)
16-5-17-4: TEMPORARY USES:
The following uses shall be permitted as temporary uses in the CR district in
conformance with the provisions of section 16-3-19 of this title:
Any use listed as a permitted use within the district. (Ord. 52-09, 10-19-2009)
16-5-17-5: PARKING:
Minimum parking requirements shall be regulated in conformance with the
provisions of chapter 14 of this title. (Ord. 52-09, 10-19-2009)
16-5-17-6: SIGNS:
Signs shall be regulated in conformance with the provisions of chapter 15 of this
title. (Ord. 52-09, 10-19-2009)
April 2024
City of Dubuque
Page 660 of 1454
-M- -M-
MOTOR VEHICLES AND TRAFFIC (cont.)
Obedience To And Effect Of Traffic Laws
All -Terrain Vehicles; Highway Use ......................
9-5-321.234A
Obedience To Peace Officers Required ...................
9-5-321.229
Privileges Of Authorized Emergency Vehicles ...............
9-5-321.231
Operation
Accidents
Duty Of Driver To Give Information, Aid ................
9-7-321.263
Duty Of Driver Upon Striking Fixtures Upon Highway .....
9-7-321.265
Duty Of Driver Upon Striking Unattended Vehicle ........
9-7-321.264
Duty Of Driver When Damage Is To Vehicle Only ........
9-7-321.262
Reports Required .................................
9-7-321.266
Criminal Offenses
Careless Driving ................................
9-7-321.277A
Drag Racing Prohibited .............................
9-7-321.278
Open Containers In Motor Vehicles; Drivers ............
9-7-321.284
Open Containers In Motor Vehicles; Passengers.......
9-7-321.284A
Reckless Driving ..................................
9-7-321.277
Driving On Right Side Of Roadway; Overtaking And Passing
Driving On Right Hand Side Of Roadway; Exceptions .....
9-7-321.297
Following Too Closely ..............................
9-7-321.307
Limitations On Overtaking On Left ....................
9-7-321.303
Meeting And Turning To Right .......................
9-7-321.298
One -Way Streets .................................
9-7-321.305
Overtaking, Passing On Right .......................
9-7-321.302
Passing Generally .................................
9-7-321.299
Prohibited Passing ................................
9-7-321.304
Roadways Laned For Traffic .........................
9-7-321.306
Operation Of Motorcycles And Motorized Bicycles
Electric Personal Assistive Mobility Devices...........
9-7-321.276A
Motorcycles And Motorized Bicycles ...................
9-7-321.275
Use Of Bicycles, Motorcycles In Parks ...............
9-7-321.275A
Use Of Certain Nonmotorized Vehicles, Conveyances,
And Equipment In Municipal Parking Ramps Or Lots
And In Certain Other Places In City ..................
9-7-321.276
Right -Of -Way
Backing Vehicle On Highway ........................
9-7-321.323
Entering Intersections From Different Highways .........
9-7-321.319
Entering Through Streets ...........................
9-7-321.321
Funeral Processions .............................
9-7-321.324A
Left Turns At Intersections ..........................
9-7-321.320
Operation On Approach Of Emergency Vehicles .........
9-7-321.324
Stop And Yield Intersections .........................
9-7-321.322
August 2017
City of Dubuque
Page 661 of 1454
-M- -M-
MOTOR VEHICLES AND TRAFFIC (cont.)
Speed Restrictions
Automated Speed Enforcement ......................
9-7-321.286
Control Of Vehicle .................................
9-7-321.288
Limits Generally ..................................
9-7-321.285
Minimum Speed ..................................
9-7-321.294
Signs To Be Erected ...............................
9-7-321.289
Speeding Violation Form ............................
9-7-321.291
Traffic Signs, Signals And Markings
Interference With Signs, Signals, Or Devices;
Unlawful Possession ..............................
9-7-321.260
Obedience To Official Traffic Control Devices ...........
9-7-321.256
Official Traffic -Control Signal ........................
9-7-321.257
Unauthorized Signs, Signals, Or Markings ..............
9-7-321.259
Turning And Starting And Signals On Stopping And Turning
Method Of Giving Hand And Arm Signals ..............
9-7-321.318
Signal Required When Stopping Or Decreasing
Speed Suddenly .................................
9-7-321.316
Signals Required When Turning ......................
9-7-321.314
Signals To Be By Hand And Arm Or Signal Device .......
9-7-321.317
Starting Parked Vehicle ............................
9-7-321.313
Turn Signal To Be Continuous .......................
9-7-321.315
Turning At Intersections ............................
9-7-321.311
Turning On Curves, Hills ............................
9-7-321.312
Parking
Generally
Alternate Side Street Parking .......................
9-14-321.627
Backing For Purposes Of Parking In Business Districts...
9-14-321.613
Bus Stops Or Passenger Zones .....................
9-14-321.605
Loading And Unloading In Business Districts...........
9-14-321.610
Loading Zones ..................................
9-14-321.601
Parallel Parking Required; Exceptions For Angle
Parking .......................................
9-14-321.604
Parking For Purposes Of Sale Or Storage Prohibited;
Special Permits Authorized ........................
9-14-321.614
Parking In Alleys .................................
9-14-321.618
Parking In Fire Lanes .............................
9-14-321.611
Parking In Front Of Others' Residences ...............
9-14-321.607
Parking In Parking Lots ............................
9-14-321.612
Parking Of Advertising Vehicles .....................
9-14-321.615
Parking On Private Property Without Consent ..........
9-14-321.620
Parking Prohibited On Designated Streets Or
Portions Thereof ................................
9-14-321.602
April 2024
City of Dubuque
Page 662 of 1454
-S- -S-
SOLICITOR'S LICENSE
Appeal..................................................... 4-5-11
Application For License .........................................
4-5-4
Bond........................................................
4-5-5
Definitions...................................................
4-5-1
Denial, Suspension, Or Revocation Of License ......................
4-5-10
Display Of License .............................................
4-5-8
Exemptions ..................................................
4-5-3
Fees........................................................
4-5-7
Issuance Of License ...........................................
4-5-6
License Required ..............................................
4-5-2
Misrepresentation.............................................
4-5-9
Personal Nature; Transferability .................................
4-5-12
Report To City Clerk Upon Loss Required .........................
4-5-13
Soliciting From Temporary Stands Or Vehicles Restricted .............
4-5-14
SOLID WASTE
City Or Private Collection Service
Availability Of Collection Service ............................
13-6A-2
Bulky Item Collection Service ...............................
13-6A-6
Charges; Billing And Collection ............................
13-6A-11
City Manager's Authority Generally ..........................
13-6A-1
Frequency, Time And Areas Of Collection .....................
13-6A-7
Organic Waste Collection Service ...........................
13-6A-5
Ownership Of Materials; Unauthorized Collecting
Prohibited .............................................
13-6A-9
Private Collection Service ................................
13-6A-12
Rates And Charges Established; Exceptions ..................
13-6A-10
Recycling Collection Service ...............................
13-6A-4
Refuse Collection Service .................................
13-6A-3
Storage, Containment And Set -Out Locations Of Solid Waste .....
13-6A-8
Definitions ..................................................
13-6-1
Deposits On Other Public Or Private Property ......................
13-6-2
Hazardous And Prohibited Wastes Regulated ......................
13-6-6
Storage And Accumulation Restricted .............................
13-6-5
Unlawful Accumulations ........................................
13-6-4
Use Of State Approved Dump Site Or Disposal Project ...............
13-6-8
Vehicles Hauling Solid Waste ...................................
13-6-7
Wrapping And Draining Of Certain Solid Wastes ....................
13-6-3
SPECIAL EVENTS (See Also PARADES, ASSEMBLIES
AND SPECIAL EVENTS) ...........................................
10-4
SPECIAL PURPOSE DISTRICTS .......................... 16-5-21
— 16-5-24
SPECULATIVE SHELL BUILDINGS OF
COMMUNITY DEVELOPMENT ORGANIZATIONS AND
FOR PROFIT ENTITIES (See Also ECONOMIC
DEVELOPMENT) ................................................
34C
SPEED RESTRICTIONS .......................... 9-7-321.285 — 9-7-321.294
STAGNANT WATER .............................................
6-4-3D
April 2024
City of Dubuque
Page 663 of 1454
-S- -T-
STORMWATER MANAGEMENT
Annual Review Of SFU Rate ...................................
13-4-12
Appeal Of Impervious Surface Calculation .........................
13-4-9
Billing, Delinquent Accounts And Collection
Procedures ................................................
13-4-11
Declaration Of Purpose; Establishment Of
District ....................................................
13-4-2
Definitions ..................................................
13-4-1
Expenses Of Collection Of Charges .............................
13-4-13
Nonresidential Property ........................................
13-4-8
Nonsingle-Family Residential Property ............................
13-4-7
Organization .................................................
13-4-4
Powers, Duties And Responsibilities ..............................
13-4-3
Rate Determinations; Compliance With Bond Covenants .............
13-4-10
SFU Rate, Charges; Utility Revenues .............................
13-4-5
Single -Family Residential Property ...............................
13-4-6
STREETS, SIDEWALKS AND OTHER PUBLIC PLACES
Curb And Driveway Construction Permit ...........................
10-1-1
Driving On Sidewalk ...........................................
10-1-9
Expectoration ................................................
10-1-5
Hauling Of Dirt, Other Materials Through Streets ....................
10-1-6
Obstructing Public Ways .......................................
10-1-4
Playing In Streets ............................................
10-1-10
Removal Of Barricades Or Warning Devices .......................
10-1-8
Sidewalk Installation And Repair .................................
10-1-2
Snow And Ice Removal ........................................
10-1-3
Unlawful Deposits ............................................
10-1-7
Unused And Inoperable Vehicles ...............................
10-1-11
SUBDIVISIONS, LAND DEVELOPMENT (See Also
UNIFIED DEVELOPMENT CODE) ...................................
16-11
SWIMMING POOLS
Construction .................................................
14-9-3
Definition ...................................................
14-9-1
Fencing Requirements .........................................
14-9-4
Location ....................................................
14-9-5
Permit Required; Fees .........................................
14-9-2
State Code Adopted ...........................................
14-9-6
T
TATTOOING..................................................... 6-1-1
TAXATION (See Also REVENUE AND TAXATION) ..................... Title 3
TRAFFIC (See Also MOTOR VEHICLES AND TRAFFIC) ................. Title 9
TRANSIT SYSTEM
Transit Advisory Board
Board Created ............................................ 5-1-1
Compensation ........................................... 5-1-11
September 2022
City of Dubuque
Page 664 of 1454
REMOVE OLD PAGES
Cover Page
Preface
DUBUQUE, IOWA
Instruction Sheet
October 2024 - S-14 Supplement
INSERT NEW PAGES
VOLUME I
Cover Page
Preface
Table of Contents (Title 9 (cont.) through
Part II: LAND USE REGULATIONS)
(2 pages)
2-2-1 through 2-2-15 (4 pages)
2-3-1 through 2-3-14 (4 pages)
2-4-1 through 2-4-14 (4 pages)
2-513-1 through 2-5B-13C. (4 pages)
2-5C-1 through 2-5C-13G. (4 pages)
2-5D-6C. through 2-5D-7 (3 pages)
2-6-1 through 2-6-13 (5 pages)
2-7-1 through 2-7-15 (5 pages)
2-8-1 through 2-8-13I. (5 pages)
2-11-1 through 2-11-12 (4 pages)
5-1-1 through 5-1-14 (4 pages)
8-2-1 through 8-2-13C. (4 pages)
9-7-321.285 (35 mph: Cedar Cross Road,
Fremont Street...) through 9-7-321.286C.2.
(4 pages)
1
Table of Contents Title 9 (cont.) through
Part II: LAND USE REGULATIONS)
(2 pages)
2-2-1 through 2-2-15 (4 pages)
2-3-1 through 2-3-14 (4 pages)
2-4-1 through 2-4-14 (4 pages)
2-513-1 through 2-513-13C. (4 pages)
2-5C-1 through 2-5C-13G. (4 pages)
2-513-6C. through 2-513-7 (3 pages)
2-6-1 through 2-6-13 (5 pages)
2-7-1 through 2-7-15 (5 pages)
2-8-1 through 2-8-13I. (4 pages)
2-11-1 through 2-11-12 (4 pages)
5-1-1 through 5-1-14 (4 pages)
8-2-1 through 8-2-13C. (4 pages)
9-7-321.285 (35 mph: Cedar Cross Road,
Fremont Street... ) through
9-7-321.286C.2. (4 pages)
Page 665 of 1454
2
REMOVE OLD PAGES
Dubuque, IA - Instruction Sheet
10-1-2 (...ment or redeveloment...)
through 10-1-3A.3. (2 pages)
10-5A-1 through 10-5A-2N (4 pages)
12-4-1 through 12-4-14 (4 pages)
12-5-1 through 12-5-13 (4 pages)
12-6-1 through 12-6-14 (4 pages)
Cover Page
Table of Contents (Title 9 (cont.) through
Part II: LAND USE REGULATIONS)
(2 pages)
Title Page - Title 14
14-1A-5 (D. Appeal Rights) through
14-1 A-6P (5 pages)
14-113-2 (Section R310.1.) through
14-113-2 (end) (3 pages)
14-1 E-2 (1031.3.1) through
14-1E-5 (2 pages)
14-lJ-2 (Section 304.14.) through
14-1J-3 (3 pages)
14-lJ-5B. through 14-1J-7 (5 pages)
14-5-1 through 14-5-10 (40 pages)
15-2-1 through 15-2-13 (4 pages)
INSERT NEW PAGES
VOLUME I (cont.)
VOLUME II
10-1-2 (...ment or redevelopment...)
through 10-1-3A.3. (2 pages)
10-5A-1 through 10-5A-2N (3 pages)
12-4-1 through 12-4-14 (4 pages)
12-5-1 through 12-5-13 (4 pages)
12-6-1 through 12-6-14 (4 pages)
Cover Page
Table of Contents Title 9 (cont.) through
Part II: LAND USE REGULATIONS)
(2 pages)
Title Page - Title 14
14-1A-5 (D. Appeal Rights) through
14-1 A-6P (5 pages)
14-1B-2 (Section R310.1.) through
14-113-2 (end) (3 pages)
14-1E-2 (1031.3. 1) through
14-1E-5 (3 pages)
14-0-2 (Section 304.14.)through
14-1J-3 (5 pages)
14-1J-513. through 14-1J-7 (5 pages)
14-5 through 14-5 (1 page)
15-2-1 through 15-2-13 (4 pages)
Page 666 of 1454
Dubuque, IA - Instruction Sheet
REMOVE OLD PAGES INSERT NEW PAGES
VOLUME II (cont.)
16-2-3 (OWNER) through 16-2-3 (PONY)
(2 pages)
16-2-3 (YARD, REQUIRED) through
16-2-3 (end) (1 page)
16-5-11-1 (Residential use above...)
through 16-5-1-6 (2 pages)
16-5-13-2 (Licensed adult day services)
through 16-5-13-7 (2 pages)
16-8 through 16-8-5-2A. (6 pages)
16-9-1 through 16-9-3C. (6 pages)
16-10-1 through 16-10-2 (ARCHAEOLOGICAL
SIGNIFICANCE) (6 pages)
INDEX
-B- (BUILDING AND DEVELOPMENT)
through -B- (BUSINESS LICENSES
GENERALLY) (2 pages)
-G- (GAS FRANCHISE; Franchise Fee)
through -H (HUMAN RIGHTS; EQUITY
AND) (4 pages)
AJK
1012024
16-2-3 (OWNER) through 16-2-3 (PONY)
(3 pages)
16-2-3 (YARD, REQUIRED) through
16-2-3 (end) (1 page)
16-5-11-1 (Residential use above...)
16-5-1-6 (2 pages)
16-5-13-2 (Licensed adult day services)
through 16-5-13-7 (2 pages)
16-8 through 16-8-5-2A. (5 pages)
16-9-1 through 16-9-3C. (5 pages)
3
16-10-1 through 16-10-2
(ARCHAEOLOGICAL SIGNIFICANCE)
(6 pages)
-B- (BUILDING AND DEVELOPMENT)
through -B- (BUSINESS LICENSES
GENERALLY) (2 pages)
-G- (GAS FRANCHISE; Franchise Fee)
through -H- (HUMAN RIGHTS; EQUITY
AND) (4 pages)
Page 667 of 1454
Page 668 of 1454
CITY CODE
of
DUBUQUE
Code current through:
Ord. 57-24, passed 9-24-2024
Published by:
AMERICAN LEGAL PUBLISHING
525 Vine Street 4 Suite 310 O Cincinnati, Ohio 45202
1-800-445-5588 4 www.amlegal.com
Page 669 of 1454
Page 670 of 1454
PREFACE
This code of the City of Dubuque, as
supplemented, contains ordinances up to and
including ordinance 57-24, passed September 24,
2024. Ordinances of the City adopted after said
ordinance supersede the provisions of this code to
the extent that they are in conflict or inconsistent
therewith. Consult the City office in order to ascertain
whether any particular provision of the code has been
amended, superseded or repealed.
American Legal Publishing
Cincinnati, Ohio
October 2024
Citv ofDubuyue
Page 671 of 1454
Page 672 of 1454
TITLE 9 (cont.)
Miscellaneous Rules ........... 10
School Buses.................11
Equipment ................... 12
Size, Weight And Load ......... 13
Parking ..................... 14
Impoundment Of Vehicles ....... 15
Miscellaneous City Provisions .... 16
TITLE 10
Public Ways And Property
Streets, Sidewalks And Other
Public Places .................
1
Excavations ...................
2
Encroachments On Public Places
.. 3
Waste Collection Receptacles ..
3A
Newsracks .................
3B
Projecting Signs .............
3C
Other Encroachments ........
3D
Sidewalk Cafes .............
3E
Mailboxes ..................
3F
Parades, Assemblies And
Special Events ................
4
Parks And Recreation ...........
5
Administration ..............
5A
Use Regulations .............
5B
Specific Parks, Open Spaces
And Trails .................
5C
Railroads .....................
6
Boats, Boating And Waterfront
Structures ....................
7
Valet Drop Off Parking;
Permit Requirements ...........
8
TITLE 11
Rights -Of -Way
Nonfranchised Communications
Systems In The Public
Right -Of -Way ................. 1
Cable Right -Of -Way Regulations... 2
Cable Communications .......
2A
Open Video Systems .........
2B
Cable Television ...............
3
Cable And Video Service
Providers ...............
3A
Community Teleprogramming
Commission (Rep. by
Ord. 5-12, 2-6-2012) .........
3B
Cable Regulatory Commission
(Rep. by Ord. 5-12, 2-6-2012)..
3C
Gas Franchise .................
4
Electric Franchises ..............
5
Interstate Power And Light
Company .................
5A
Maquoketa Valley Electric
Cooperative ................
5B
Procedure For Licensing
Electric Transmission
Line Companies ...............
6
Small Cell Aesthetic Guidelines ....
7
Fiber To The Home/
Business Aesthetics
Guidelines ...................
8
TITLE 12
Airport
Administration And Enforcement ... 1
General Regulations ............ 2
Airport Zoning Regulations........ 3
Airport Commission ............. 4
Airport Zoning Commission ....... 5
Airport Zoning Board Of
Adjustment ................... 6
TITLE 13
Public Utilities
Water Use And Service .......... 1
Connections ................ 1A
Water Meters ............... 1 B
February 2022
City of Dubuque
Page 673 of 1454
TITLE 13 (cont.)
Rates .....................
1C
Cross Connection Control .....
1 D
Sewers And Sewage Disposal .....
2
Discharge Regulations........
2A
Private Disposal Systems;
Private Haulers .............
213
Rates .....................
2C
Industrial Pretreatment
Program ..................
2D
Fats, Oils And Greases
(FOG) Program .............
2E
Gas Main Connections...........
3
Stormwater Management.........
4
Illicit Connections And
Discharges To Storm Sewer
System ......................
5
Solid Waste ...................
6
City Or Private Collection
Service ...................
6A
TITLE 14
Building And Development
Building Codes ................. 1
Building Code And Regulations .
1A
Residential Code ............
1 B
Energy Conservation Code ....
1 C
Electrical Code ..............
1 D
Fire Code And Regulations ....
1 E
Mechanical Code ............
1 F
Fuel Gas Code (Rep. by Ord.
27-23, 5-15-2023) ...........
1 G
Plumbing Code .............
1 H
Accessibility Code For Readily
Achievable Changes ..........
11
Property Maintenance Code.....
1 J
International Existing Building
Code .....................
1K
Building Construction, Demoli-
tion And Moving ...............
2
Dangerous Buildings ............
3
Licensing Of Vacant And/Or
Abandoned Buildings ...........
4
October 2024
Historic Buildings (Rep. by
Ord. 42-24, 7-1-2024) ..........
5
Historic Preservation (Rep. by
Ord. 52-09, 10-19-2009) ........
6
Condominium Conversions And
Transfers To Multiple
Housing Cooperative............
7
Exterior Storage Containers
And Storage Trailers ............
8
Swimming Pools ...............
9
Signs (Rep. by Ord. 52-09,
10-19-2009) .................
10
Flood Areas ..................
11
Erosion And Sediment Control ....
12
Solar Thermal Licenses .........
13
Solar Thermal System Permits
And Inspections ..............
14
Water .......................
15
TITLE 15
Planning And Zoning
Comprehensive Plan ............ 1
Long Range Planning Advisory
Commission .................. 2
TITLE 16
Unified Development Code
PART I. GENERAL PROVISIONS
Title, Purpose And General
Provisions .................... 1
Definitions .................... 2
PART II. LAND USE REGULATIONS
Land Use General Provisions...... 3
Nonconformities ................ 4
Zoning Districts ................ 5
Overlay Districts ................ 6
Supplemental Use Regulations .... 7
City of Dubuque
Page 674 of 1454
2-2-1
2-2-3
CHAPTER
CIVIL SERVICE COMMISSION
SECTION:
2-2-1:
Commission Created
2-2-2:
Purpose
2-2-3:
Internal Organization And Rules
2-2-4:
Procedures For Operation
2-2-5:
Membership
2-2-6:
Oath
2-2-7:
Terms
2-2-8:
Vacancies
2-2-9:
Officers/Organization
2-2-10:
Meetings
2-2-11:
Compensation
2-2-12:
Removal
2-2-13:
Powers
2-2-14:
City Council To Furnish Meeting Room, Equipment, Recorder
2-2-15:
Record Of Meetings And Personnel
2-2-16:
Examination Of Applicants
2-2-17:
Conduct Of Examinations; Certification Of Qualified Persons
2-2-18:
Procedure For Conduct Of Hearing Appeals
2-2-1: COMMISSION CREATED:
There is hereby created the civil service commission. (Ord. 56-15, 9-8-2015)
2-2-2: PURPOSE:
The purpose of the commission is to conduct entrance examinations, conduct
promotional examinations, and act as an appeals board as provided in chapter 400
of the Iowa Code. (Ord. 56-15, 9-8-2015)
2-2-3: INTERNAL ORGANIZATION AND RULES:
The commission may adopt rules and regulations to govern its organizational
procedures as may be necessary and which are not in conflict with this code or the
Iowa Code. (Ord. 56-15, 9-8-2015)
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2-2-4: PROCEDURES FOR OPERATION:
All administrative, personnel, accounting, budgetary, and procurement policies of
the city govern the commission in all its operations. (Ord. 56-15, 9-8-2015)
2-2-5: MEMBERSHIP:
A. Composition: The commission comprises three (3) residents of the city,
appointed by the mayor with approval of the city council.
B. Special Qualifications:
1. Commissioners must be citizens of Iowa, eligible electors as defined in the
Iowa Code, and may not hold or be a candidate for any office of public trust.
2. The equity and human rights director shall, ex officio, be a member,
without vote.
3. Commissioners may not do any of the following:
a. Sell, or in any manner become parties, directly or indirectly, to any
contract to furnish supplies, material, or labor to the city unless the sale is
made or the contract is awarded by competitive bid in writing, publicly invited
and opened.
b. Have an interest, direct or indirect, in any contract or job of work or
material or the profits thereof or services to be furnished or performed for the
city unless the contract or job is awarded by competitive bid in writing, publicly
invited and opened. (Ord. 56-15, 9-8-2015; amd. Ord. 47-22, 12-19-2022; Ord.
28-24, 6-17-2024)
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2-2-6
2-2-10
2-2-6: OATH:
Each person, upon appointment to the commission, must execute an oath of office
at the first meeting of the commission following the appointment or at the city clerk's
office any time prior to the first meeting of the commission. (Ord. 56-15, 9-8-2015;
amd. Ord. 28-24, 6-17-2024)
2-2-7: TERMS:
The term of office for commissioners is four (4) years or until such commissioner's
successor is appointed and qualified. (Ord. 56-15, 9-8-2015)
2-2-8: VACANCIES:
Vacancies must be filled in the same manner as original appointments. (Ord. 56-15,
9-8-2015)
2-2-9: OFFICERS/ORGANIZATION:
The commissioners must choose annually a chairperson and vice chairperson, each
to serve a term of one year. The city clerk, or the city clerk's designee, is the clerk
of the commission. The commissioners must fill a vacancy among its officers for the
remainder of the officer's unexpired term. (Ord. 56-15, 9-8-2015)
2-2-10: MEETINGS:
A. Regular Meetings: The commission meets monthly. When there is no business,
there is no obligation to meet.
B. Special Meetings: Special meetings may be called by the chairperson or at the
written request of a majority of the commissioners.
C. Open Meetings: All meetings must be called and held in conformance with the
Iowa open meetings law.
D. Attendance:
1. In the event a commissioner has been absent for three (3) or more
consecutive meetings of the commission, without being excused by the
chairperson, such absence will be grounds for the commission to recommend
to the city council that the position be declared vacant and a replacement
appointed.
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2. Attendance must be entered upon the minutes of all meetings.
E. Minutes: A copy of the minutes of all regular and special meetings of the
commission must be filed with the city council within ten (10) working days after
approval by the commission, or by the next regularly scheduled city council
meeting, whichever is later.
F. Quorum: Two (2) commissioners constitute a quorum for the transaction of
business. The affirmative vote of a majority of the commissioners present and
voting is necessary for the adoption of any motion or resolution. (Ord. 56-15,
9-8-2015; amd. Ord. 37-22, 11-7-2022; Ord. 28-24, 6-17-2024)
2-2-11: COMPENSATION:
Commissioners serve without compensation, provided that they may receive
reimbursement for necessary travel and other expenses while on official
commission business within the limits established in the city administrative policies
and budget. (Ord. 56-15, 9-8-2015)
2-2-12: REMOVAL:
The mayor may remove any commissioner for cause upon written charges and after
public hearing. (Ord. 56-15, 9-8-2015)
2-2-13: POWERS:
The commission has the powers, duties, and responsibilities as outlined in chapter
400 of the Iowa Code. (Ord. 56-15, 9-8-2015)
2-2-14: CITY COUNCIL TO FURNISH MEETING ROOM, EQUIPMENT,
RECORDER:
The city council must provide suitable rooms in which the commission may hold its
meetings and supply the commission with all necessary equipment and a qualified
shorthand reporter to enable it properly to perform its duties. (Ord. 56-15, 9-8-2015)
2-2-15: RECORD OF MEETINGS AND PERSONNEL:
The commission must keep a record of all its meetings and also a complete
individual service record of each civil service employee which record must be
permanent and kept up to date. (Ord. 56-15, 9-8-2015)
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2-3-1
2-3-3
CHAPTER
INVESTMENT OVERSIGHT ADVISORY COMMISSION
SECTION:
2-3--1:
Commission Created
2-3--2:
Purpose
2-3--3:
Internal Organization And Rules
2-3--4:
Procedures For Operation
2-3--5:
Membership
2-3--6:
Oath
2-3--7:
Terms
2-3--8:
Vacancies
2-3--9:
Officers; Organization
2-3-10:
Meetings
2-3-11:
Compensation
2-3-12:
Removal
2-3-13:
Powers
2-3-14:
Reports Provided
2-3-1: COMMISSION CREATED:
There is hereby created the investment oversight advisory commission. (Ord. 52-14,
8-4-2014)
2-3-2: PURPOSE:
The purpose of the commission is to review the actions and decisions of the city's
investments and all money managers for compliance with the city's investment
policy and to report any noncompliance to the city council; to recommend, as
needed, changes in the investment policy to the city council; and to review the
investment performance of the city's investments and money managers and to
report to the city council concerning such investment performance at least quarterly.
(Ord. 52-14, 8-4-2014)
2-3-3: INTERNAL ORGANIZATION AND RULES:
The commission may adopt rules and regulations to govern its organizational
procedures as may be necessary and which are not in conflict with this code or the
Iowa Code. (Ord. 52-14, 8-4-2014)
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2-3-4 2-3-10
2-3-4: PROCEDURES FOR OPERATION:
All administrative, personnel, accounting, budgetary, and procurement policies of
the city govern the commission in all its operations. (Ord. 52-14, 8-4-2014)
2-3-5: MEMBERSHIP:
The commission comprises five (5) residents of the city, appointed by the city
council, who have knowledge about investments and finance but with no affiliation
with a firm or corporation which does now or during the term of a commissioner
provides investment or financial advice or services to the city. (Ord. 52-14,
8-4-2014)
2-3-6: OATH:
Each person, upon appointment to the commission, must execute an oath of office
at the first meeting of the commission following the appointment or at the city clerk's
office any time prior to the first meeting of the commission. (Ord. 52-14, 8-4-2014;
amd. Ord. 35-24, 6-17-2024)
2-3-7: TERMS:
The term of office for commissioners is three (3) years or until such commissioner's
successor is appointed and qualified. (Ord. 52-14, 8-4-2014)
2-3-8: VACANCIES:
Vacancies must be filled in the same manner as original appointments. (Ord. 52-14,
8-4-2014)
2-3-9: OFFICERS; ORGANIZATION:
The commissioners must choose annually a chairperson and vice chairperson, each
to serve a term of one year. The chairperson must appoint a secretary, who need
not be a member of the commission. The commissioners must fill a vacancy among
its officers for the remainder of the officer's unexpired term. (Ord. 52-14, 8-4-2014)
2-3-10: MEETINGS:
A. Regular Meetings: The commission must meet quarterly.
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2-3-13
B. Special Meetings: Special meetings maybe called by the chairperson or at the
written request of a majority of the commissioners.
C. Open Meetings: All meetings must be called and held in conformance with the
Iowa open meetings law.
D. Attendance:
1. In the event a commissioner has been absent for three (3) or more
consecutive meetings of the commission, without being excused by the
chairperson, such absence will be grounds for the commission to recommend
to the city council that the position be declared vacant and a replacement
appointed.
2. Attendance must be entered upon the minutes of all meetings.
E. Minutes: A copy of the minutes of all regular and special meetings of the
commission must be filed with the city council within ten (10) working days after
approval by the commission, or by the next regularly scheduled city council
meeting, whichever is later.
F. Quorum: Three (3) commissioners constitute a quorum for the transaction of
business. The affirmative vote of a majority of the commissioners present and
voting is necessary for the adoption of any motion or resolution. (Ord. 52-14,
8-4-2014; amd. Ord. 35-24, 6-17-2024)
2-3-11: COMPENSATION:
Commissioners serve without compensation, provided that they may receive
reimbursement for necessary travel and other expenses while on official
commission business within the limits established in the city administrative policies
and budget. (Ord. 52-14, 8-4-2014)
2-3-12: REMOVAL:
Except as provided in subsection 2-3-10D1 of this chapter, the city council may
remove any commissioner for good cause. (Ord. 29-15, 5-18-2015)
2-3-13: POWERS:
The commission has the following powers, duties, and responsibilities:
A. To review the actions and decisions of the director of finance and budget and
the city's money managers for compliance with the city's investment policy and
report any noncompliance to the city council;
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2-3-14
B. To recommend, as needed, changes in the city's investment policy to the city
manager and the city council; and
C. To review the investment performance of the city and the city's money
managers and report to the city council concerning same at least quarterly.
(Ord. 52-14, 8-4-2014; amd. Ord. 3-20, 1-21-2020)
2-3-14: REPORTS PROVIDED:
The director of finance and budget must provide the commission with monthly,
quarterly, and annual reports prepared by the director of finance and budget and the
city's financial advisors. (Ord. 52-14, 8-4-2014; amd. Ord. 3-20, 1-21-2020)
August 2020
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2-4-1
2-4-4
CHAPTER 4
CIVIC CENTER ADVISORY COMMISSION
SECTION:
2-4--1:
Commission Created
2-4--2:
Purpose
2-4--3:
Internal Organization And Rules
2-4--4:
Procedures For Operation
2-4--5:
Membership
2-4--6:
Oath
2-4--7:
Terms
2-4--8:
Vacancies
2-4--9:
Officers/Organization
2-4-10:
Meetings
2-4-11:
Compensation
2-4-12:
Removal
2-4-13:
Powers
2-4-14:
Solicitation And Acceptance Of Donations
2-4-1: COMMISSION CREATED:
There is hereby created the civic center advisory commission. (Ord. 66-15,
10-19-2015)
2-4-2: PURPOSE:
The purpose of the commission is to advise the leisure services department, the city
manager, and the city council and to make recommendations for the optimum
utilization of the civic center facility by the widest possible range of users and uses
to respond to community needs and demands at the least possible cost to the city.
(Ord. 66-15, 10-19-2015)
2-4-3: INTERNAL ORGANIZATION AND RULES:
The commission may adopt rules and regulations to govern its organizational
procedures as may be necessary and which are not in conflict with this code or the
Iowa Code. (Ord. 66-15, 10-19-2015)
2-4-4: PROCEDURES FOR OPERATION:
All administrative, personnel, accounting, budgetary, and procurement policies of
the city govern the commission in all its operations. (Ord. 66-15, 10-19-2015)
October 2024
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2-4-5
2-4-10
2-4-5: MEMBERSHIP:
The commission comprises five (5) residents of the city, appointed by the city
council. (Ord. 66-15, 10-19-2015; amd. Ord. 27-24, 6-17-2024)
2-4-6: OATH:
Each person, upon appointment to the commission, must execute an oath of office
at the first meeting of the commission following the appointment or at the city clerk's
office any time prior to the first meeting of the commission. (Ord. 66-15,
10-19-2015; amd. Ord. 27-24, 6-17-2024)
2-4-7: TERMS:
The term of office for commissioners is three (3) years or until such commissioner's
successor is appointed and qualified. (Ord. 66-15, 10-19-2015)
2-4-8: VACANCIES:
Vacancies must be filled in the same manner as original appointments. (Ord. 66-15,
10-19-2015)
2-4-9: OFFICERS/ORGANIZATION:
The commissioners must choose annually a chairperson and vice chairperson, each
to serve a term of one year. The chairperson must appoint a secretary, who need
not be a member of the commission. The commissioners must fill a vacancy among
its officers for the remainder of the officer's unexpired term. (Ord. 66-15,
10-19-2015)
2-4-10: MEETINGS:
A. Regular Meetings: The commission must meet quarterly.
B. Special Meetings: Special meetings maybe called by the chairperson or at the
written request of a majority of the commissioners.
C. Open Meetings: All meetings must be called and held in conformance with the
Iowa open meetings law.
D. Attendance:
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2-4-13
1. In the event a commissioner has been absent for three (3) or more
consecutive meetings of the commission, without being excused by the
chairperson, such absence will be grounds for the commission to recommend
to the city council that the position be declared vacant and a replacement
appointed.
2. Attendance must be entered upon the minutes of all meetings.
E. Minutes: A copy of the minutes of all regular and special meetings of the
commission must be filed with the city council within ten (10) working days after
approval by the commission, or by the next regularly scheduled city council
meeting, whichever is later.
F. Quorum: Three (3) commissioners constitute a quorum for the transaction of
business. The affirmative vote of a majority of the commissioners present and
voting is necessary for the adoption of any motion or resolution. (Ord. 66-15,
10-19-2015; amd. Ord. 27-24, 6-17-2024)
2-4-11: COMPENSATION:
Commissioners serve without compensation, provided that they may receive
reimbursement for necessary travel and other expenses while on official
commission business within the limits established in the city administrative policies
and budget. (Ord. 66-15, 10-19-2015)
2-4-12: REMOVAL:
Except as provided in subsection 2-4-10D1 of this chapter, the city council may
remove any commissioner for good cause. (Ord. 66-15, 10-19-2015)
2-4-13: POWERS:
The commission has the following powers, duties, and responsibilities:
A. Provide the city council with recommendations that further the general and
specific purposes of the commission.
B. Recommend the development of financial and other resources to support the
short and long term capital needs of the civic center facility and its programs.
C. Recommend programs to provide a variety of year round intellectual, cultural,
enjoyable, and attractive leisure time activities which contribute to the physical
and mental well being of residents and visitors.
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2-4-13 2-4-14
D. Recommend programs which contribute to the economic base of the
community by encouraging business use of the civic center facility.
E. Recommend schedules of fees and charges for special building services,
equipment, special building features, and rental rates.
F. Recommend informational and promotional programs to secure the full support
and participation of the community.
G. Recommend the annual operating budget and an ongoing capital
improvements budget that provide a safe, secure, sanitary, clean, and
attractive facility.
H. Recommend development of community partnerships related to tourism for
optimum utilization of the civic center facility. (Ord. 66-15, 10-19-2015)
2-4-14: SOLICITATION AND ACCEPTANCE OF DONATIONS:
The commission may solicit donations and gifts of money, personal and real
property, and personal services, which must be donated or gifted to the city of
dubuque, for the general support of the civic center unless such donations or gifts
are designated by the donor for a specific purpose. (Ord. 66-15, 10-19-2015)
October 2024
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2-513-1 2-513-3
CHAPTER
HOUSING AGENCY AND COMMUNITY DEVELOPMENT COMMISSIONS
ARTICLE B. HOUSING COMMISSION
SECTION:
2-513-1:
Commission Created
2-513-2:
Purpose
2-513-3:
Internal Organization And Rules
2-513-4:
Procedures For Operation
2-513-5:
Membership
2-513-6:
Oath
2-513-7:
Terms
2-513-8:
Vacancies
2-513-9:
Officers/Organization
2-513-10:
Meetings
2-513-11:
Compensation
2-513-12:
Removal
2-513-13:
Powers
2-513-14:
Project Approval
2-513-15:
Monitor Housing Program; Conduct Hearings On Grievances
2-513-1: COMMISSION CREATED:
There is hereby created the housing commission. (Ord. 67-15, 10-19-2015)
2-513-2: PURPOSE:
The purpose of the commission is to undertake and carry out studies and analysis
of housing needs and the meeting of such needs; to recommend proposed projects
in the area of low and moderate income housing for the citizens of the city; to
monitor the city's housing programs; and to conduct grievances regarding the rental
assistance program, except in the area of property maintenance code enforcement.
(Ord. 31-16, 6-20-2016, eff. 7-1-2016)
2-513-3: INTERNAL ORGANIZATION AND RULES:
The commission may adopt rules and regulations to govern its organizational
November 2016
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2-5B-3
2-5B-5
procedures as may be necessary and which are not in conflict with this code or the
Iowa Code. (Ord. 67-15, 10-19-2015)
2-513-4: PROCEDURES FOR OPERATION:
All administrative, personnel, accounting, budgetary, and procurement policies of
the city govern the commission in all its operations. (Ord. 67-15, 10-19-2015)
2-5B-5: MEMBERSHIP:
A. Number: The commission comprises ten (10) residents of the city.
B. Special Qualifications:
1. At least three (3) members must be appointed specifically on the basis of
experience in real estate development, banking, finance, accounting, funds
management, or other related areas of expertise.
2. One (1) member must be a person who is a recipient of tenant based
rental assistance under section 8 of the United States Housing Act of 1937,
whose name appears on a lease of section 8 property. If such member ceases
to be a recipient of rental assistance under section 8, the term of such member
is deemed terminated and a new member who meets the requirements of this
subsection must be appointed for the remainder of the term.
3. The remaining members are at -large members.
4. Cross -Representation:
a. One (1) member must be appointed by the commission, with city
council approval, to serve on the community development advisory
commission.
b. One (1) member must be appointed by the commission, with city
council approval, to serve on the long range planning advisory commission.
(Ord. 74-15, 12-7-2015; amd. Ord. 5-21, 2-15-2021; Ord. 54-23, 12-4-2023;
Ord. 33-24, 6-17-2024)
October 2024
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2-5B-6
2-56-10
2-513-6: OATH:
Each person, upon appointment to the commission, must execute an oath of office
at the first meeting of the commission following the appointment or at the city clerk's
office any time prior to the first meeting of the commission. (Ord. 67-15,
10-19-2015; Ord. 33-24, 6-17-2024)
2-513-7: TERMS:
The term of office for commissioners is three (3) years or until such commissioner's
successor is appointed and qualified. The terms of the cross representative
appointees to the community development advisory commission and the long range
planning advisory commission must coincide with their terms on the housing
commission. (Ord. 67-15, 10-19-2015; amd. Ord. 5-21, 2-15-2021)
2-513-8: VACANCIES:
Vacancies must be filled in the same manner as original appointments. (Ord. 67-15,
10-19-2015)
2-5 B-9: OFFICERS/ORGANIZATION:
The commissioners must choose annually a chairperson and vice chairperson, each
to serve a term of one year. The chairperson must appoint a secretary, who need
not be a member of the commission. The commissioners must fill a vacancy among
its officers for the remainder of the officer's unexpired term. (Ord. 67-15,
10-19-2015)
2-513-10: MEETINGS:
A. Regular Meetings: The commission must meet quarterly.
B. Special Meetings: Special meetings maybe called by the chairperson or at the
written request of a majority of the commissioners.
C. Open Meetings: All meetings must be called and held in conformance with the
Iowa open meetings law.
D. Attendance:
1. In the event a commissioner has been absent for three (3) or more
consecutive meetings of the commission, without being excused by the
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City of Dubuque
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2-5 B-10
2-5B-13
chairperson, such absence will be grounds for the commission to recommend
to the city council that the position be declared vacant and a replacement
appointed.
2. Attendance must be entered upon the minutes of all meetings.
E. Minutes: A copy of the minutes of all regular and special meetings of the
commission must be filed with the city council within ten (10) working days after
approval by the commission, or by the next regularly scheduled city council
meeting, whichever is later.
F. Quorum: Six (6) commissioners constitute a quorum for the transaction of
business. The affirmative vote of a majority of the commissioners present and
voting is necessary for the adoption of any motion or resolution. (Ord. 67-15,
10-19-2015; amd. Ord. 38-21, 11-1-2021; Ord. 33-24, 6-17-2024)
2-5B-11: COMPENSATION:
Commissioners serve without compensation, provided that they may receive
reimbursement for necessary travel and other expenses while on official
commission business within the limits established in the city administrative policies
and budget. (Ord. 67-15, 10-19-2015)
2-513-12: REMOVAL:
Except as provided in subsection 2-56-10D1 of this chapter, the city council may
remove any commissioner for good cause. (Ord. 67-15, 10-19-2015)
2-513-13: POWERS:
The commission has the following powers, duties, and responsibilities:
A. To contribute as appropriate in the planning, coordinating, and review of
housing development;
B. To conduct public hearings to ensure meaningful citizen input in the planning,
implementation, and assessment of the city's housing programs;
C. To provide for and encourage the participation of low and moderate income
persons in the planning, implementation, and assessment of housing
programs;
October 2024
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2-5C-1 2-5C-3
CHAPTER 5
HOUSING AGENCY AND COMMUNITY DEVELOPMENT COMMISSIONS
ARTICLE C. COMMUNITY DEVELOPMENT ADVISORY COMMISSION
SECTION:
2-5C--1:
Commission Created
2-5C--2:
Purpose
2-5C--3:
Internal Organization And Rules
2-5C--4:
Procedures For Operation
2-5C--5:
Membership
2-5C--6:
Oath
2-5C--7:
Terms
2-5C--8:
Vacancies
2-5C--9:
Officers/Organization
2-5C-10:
Meetings
2-5C-11:
Compensation
2-5C-12:
Removal
2-5C-13:
Powers
2-5C-14:
Grievance Procedure; Review Standards; Appeal Process
2-5C-15:
Procedures For Operations
2-5C-1: COMMISSION CREATED:
There is hereby created the Community Development Advisory Commission. (Ord.
33-19, 7-15-2019)
2-5C-2: PURPOSE:
The purpose of the commission is to provide for citizen participation in the
development and evaluation of the City's Community Development Block Grant
(CDBG) program. (Ord. 33-19, 7-15-2019)
2-5C-3: INTERNAL ORGANIZATION AND RULES:
The commission may adopt rules and regulations to govern its organizational
procedures as may be necessary and which are not in conflict with this Code or the
Iowa Code. (Ord. 33-19, 7-15-2019)
October 2024
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2-5C-4 2-5C-8
2-5C-4: PROCEDURES FOR OPERATION:
All administrative, personnel, accounting, budgetary, and procurement policies of
the City govern the commission in all its operations. (Ord. 33-19, 7-15-2019)
2-5C-5: MEMBERSHIP:
A. Composition: The commission comprises nine (9) residents of the City,
appointed by the City Council.
B. Qualifications:
1. Four (4) members must be residents of census tracts and block groups
where at least fifty one percent (51 %) of the residents are low/moderate
income persons as determined by the United States Department of Commerce,
Bureau of the Census.
2. Four (4) members must be residents of the community at -large.
3. One member must be appointed by and from the membership of the
Housing Commission, with City Council approval. (Ord. 33-19, 7-15-2019; amd.
Ord. 29-24, 6-17-2024)
2-5C-6: OATH:
Each person, upon appointment to the commission, must execute an oath of office
at the first meeting of the commission following the appointment or at the City
Clerk's Office any time prior to the first meeting of the commission. (Ord. 33-19,
7-15-2019; amd. Ord. 29-24, 6-17-2024)
2-5C-7: TERMS:
The term of office for Commissioners is three (3) years or until such
Commissioner's successor is appointed and qualified, provided, however, that the
term of the cross -representative appointee from the City of Dubuque Housing
Commission must coincide with theirterm on the Housing Commission. (Ord. 33-19,
7-15-2019)
2-5C-8: VACANCIES:
Vacancies must be filled in the same manner as original appointments. (Ord. 33-19,
7-15-2019)
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2-5C-9 2-5C-11
2-5C-9: OFFICERS/ORGANIZATION:
The Commissioners must choose annually a Chairperson and Vice -Chairperson,
each to serve a term of one year. The Chairperson must appoint a Secretary, who
need not be a member of the commission. The Commissioners must fill a vacancy
among its officers for the remainder of the officer's unexpired term. (Ord. 33-19,
7-15-2019)
2-5C-10: MEETINGS:
A. Regular Meetings: The commission must meet monthly.
B. Special Meetings: Special meetings maybe called by the Chairperson or at the
written request of a majority of the Commissioners.
C. Open Meetings: All meetings must be called and held in conformance with the
Iowa Open Meetings Law.
D. Attendance:
1. In the event a Commissioner has been absent for three (3) or more
consecutive meetings of the commission, without being excused by the
Chairperson, such absence will be grounds for the commission to recommend
to the City Council that the position be declared vacant and a replacement
appointed.
2. Attendance must be entered upon the minutes of all meetings.
E. Minutes: A copy of the minutes of all regular and special meetings of the
commission must be filed with the City Council within ten (10) working days
after approval by the commission, or by the next regularly scheduled City
Council meeting, whichever is later.
F. Quorum: Five (5) Commissioners constitute a quorum for the transaction of
business. The affirmative vote of a majority of the Commissioners present and
voting is necessary for the adoption of any motion or resolution. (Ord. 33-19,
7-15-2019; amd. Ord. 29-24, 6-17-2024)
2-5C-11: COMPENSATION:
Commissioners serve without compensation, provided that they may receive
reimbursement for necessary travel and other expenses while on official
commission business within the limits established in the City administrative policies
budget. (Ord. 33-19, 7-15-2019)
October 2024
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2-5C-12
2-5C-13
2-5C-12: REMOVAL:
Except as provided in subsection 2-5C-10D1 of this article, the City Council may
remove any Commissioner for good cause. (Ord. 33-19, 7-15-2019)
2-5C-13: POWERS:
The commission has the following powers, duties, and responsibilities:
A. To conduct public hearings in accordance with the minimum standards
established in the CDBG program's Citizen Participation Plan to ensure
meaningful citizen input in the planning, implementation, and assessment of the
CDBG program;
B. To provide for and encourage the participation of low/moderate income persons
who reside in designated areas of slum and blight and residents of
low/moderate income neighborhoods, as defined by the City Council, in the
planning, implementation, and assessment of the CDBG program;
C. To identify community development needs, particularly the needs of persons
of low/moderate income;
D. To serve in an advisory role upon the request of the City Council in policy
decisions regarding funding priorities and program development and
implementation;
E. To monitor and evaluate program activities to advise whether identified
community development objectives have been met;
F. To undertake public information efforts to educate the citizenry of the
availability of CDBG funded programs and to provide for a greater
understanding of the City's community development efforts;
G. To assist in the preparation of the statement of community development
objectives, assess needs, priorities, and projected use of funds,
amendments thereto, and required reports, including but not
October 2024
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2-5D-6
2-5D-6
C. Internal Organization And Rules: The committee may adopt rules and
regulations to govern its organizational procedures as may be necessary and
which are not in conflict with this code or the Iowa Code.
D. Procedures For Operation: All administrative, personnel, accounting,
budgetary, and procurement policies of the city govern the committee in all its
operations.
E. Membership:
1. The committee comprises five (5) residents of the city, appointed by the
city council.
2. Special qualifications:
a. Two (2) of the members must be appointed by the committee, with city
council approval, to serve on the City of Dubuque housing commission.
b. Three (3) members of the public must be elected specifically on the
basis of experience in real estate development, banking, finance, accounting,
funds management, or other related areas of expertise.
F. Oath: Each person, upon appointment to the committee, must execute an oath
of office at the first meeting of the committee following the appointment or at
the city clerk's office any time prior to the first meeting of the committee.
G. Terms: The term of office for members of the committee is three (3) years or
until such member's successor is appointed and qualified. The terms of the
cross representative appointees from the housing commission must coincide
with their terms on the housing commission.
H. Vacancies: Vacancies must be filled in the same manner as original
appointments.
Officers; Organization: The housing commission must choose annually a
chairperson and vice chairperson, each to serve a term of one year. The
chairperson must appoint a secretary, who need not be a member of the
committee. The committee must fill a vacancy among its officers for the
remainder of the officer's unexpired term.
J. Meetings:
1. Regular Meetings: The committee must meet at least two (2) times per
year; one meeting must be a public hearing regarding submission of the Iowa
finance authority application.
2. Special Meetings: Special meetings may be called by the chairperson or
at the written request of a majority of the members.
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2-5D-6
2-5D-6
3. Open Meetings: All meetings must be called and held in conformance with
the Iowa open meetings law.
4. Attendance:
a. In the event a member of the committee has been absent for three (3)
or more consecutive meetings of the committee, without being excused by the
chairperson, such absence will be grounds for the committee to recommend to
the city council that the position be declared vacant and a replacement
appointed.
b. Attendance must be entered upon the minutes of all meetings.
5. Minutes: A copy of the minutes of all regular and special meetings of the
committee must be filed with the city council within ten (10) working days after
approval by the committee, or by the next regularly scheduled city council
meeting, whichever is later.
6. Quorum: Three (3) members of the committee constitute a quorum for the
transaction of business. The affirmative vote of a majority of the members
present and voting is necessary for the adoption of any resolution.
K. Compensation: Members serve without compensation, provided that they may
receive reimbursement for necessary travel and other expenses while on
official committee business within the limits established in the city
administrative policies and budget.
L. Removal: Except as provided in subsection J4a of this section, the city council
may remove any member for good cause.
M. Powers: The committee has the following powers, duties, and responsibilities:
1. To coordinate an effective mechanism for public participation in the
operation of the trust fund;
2. To recommend projects to the housing commission for funding approval;
and
3. To engage in activities providing for the efficient use of the trust fund. (Ord.
51-15, 8-3-2015; amd. Ord. 34-24, 6-17-2024)
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2-5 D-7
2-5D-7
2-5D-7: IOWA FINANCE AUTHORITY STATE HOUSING TRUST FUND
PROGRAM:
A. Application For Funds: For purposes of the Iowa finance authority state housing
trust fund, the housing trust fund advisory committee shall have the authority
to make application to the Iowa finance authority for funds from the local
housing trust fund program and the project based housing program and to
direct, without further approval of any city officer or the city council, how such
funds shall be used in accordance with the Iowa finance authority trust fund
allocation plan.
B. Maintenance Of Funds: Funds received by the city from the Iowa finance
authority state housing trust fund shall be maintained by the city in a separate
account and subject to the direction of the housing trust fund advisory
committee.
C. Local Matching Funds: For purposes of providing required local matching funds
for applications to the Iowa finance authority state housing trust fund, the
housing trust fund advisory committee shall have the final authority to direct
how such funds shall be used in accordance with the Iowa finance authority
trust fund allocation plan. Allocation of local matching funds to the housing trust
fund advisory committee shall be made by decision of the city council. (2007
Code § 26-37)
October 2024
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2-6-1
2-6-3
CHAPTER 6
RESILIENT COMMUNITY ADVISORY COMMISSION
SECTION:
2-6-1:
Commission Created
2-6-2:
Purpose
2-6-3:
Internal Organization And Rules
2-6-4:
Procedures For Operation
2-6-5:
Membership
2-6-6:
Oath
2-6-7:
Terms
2-6-8:
Vacancies
2-6-9:
Officers/Organization
2-6-10:
Meetings
2-6-11:
Compensation
2-6-12:
Removal
2-6-13:
Powers
2-6-1: COMMISSION CREATED:
There is hereby created the resilient community advisory commission. (Ord. 32-16,
7-5-2016)
2-6-2: PURPOSE:
The purpose of the commission is to advise on city policies and practices to assure
resilient outcomes; facilitate the ability to adapt to factors influencing the
social/cultural, economic and environmental well being of the community; prevent,
prepare for, and recover from adverse vulnerabilities and change through
coordination, data analysis, evaluation and citizen engagement; and to create a
viable, livable and equitable community. (Ord. 32-16, 7-5-2016)
2-6-3: INTERNAL ORGANIZATION AND RULES:
The commission may adopt rules and regulations to govern its organizational
procedures as may be necessary and which are not in conflict with this code or the
Iowa Code. (Ord. 32-16, 7-5-2016)
October 2024
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2-6-4 2-6-6
2-6-4: PROCEDURES FOR OPERATION:
All administrative, personnel, accounting, budgetary, and procurement policies of
the city govern the commission in all its operations. (Ord. 32-16, 7-5-2016)
2-6-5: MEMBERSHIP:
A. Composition: The commission comprises nine (9) residents of the city,
appointed by the city council.
B. Qualifications: Efforts should be taken to balance the composition of the
commission as follows:
1. Members must be able to think systemically and analyze data in order to
meet the stated purpose of the commission.
2. Members' interest and/or expertise must represent the three (3) pillars of
the sustainable Dubuque model: economic prosperity, environmental integrity,
and social/cultural vibrancy.
3. Members should represent a wide range of sectors within the community,
including business, neighborhoods, nonprofit, and educational institutions.
4. Three (3) or more members should also hold positions on one of the
following commissions: arts and cultural advisory commission, Catfish Creek
Watershed management authority, community development advisory
commission, historic preservation commission, housing commission, human
rights commission, long range planning advisory commission, parks and
recreation advisory commission, transit advisory commission, and/or zoning
advisory commission.
5. Members should represent the socioeconomic, geographic, and
demographic diversity of the community, including youth representation. (Ord.
32-16, 7-5-2016)
2-6-6: OATH:
Each person, upon appointment to the commission, must execute an oath of office
at the first meeting of the commission following the appointment or at the city clerk's
office any time prior to the first meeting of the commission. (Ord. 32-16, 7-5-2016;
amd. Ord. 38-24, 6-17-2024)
October 2024
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2-6-7
2-6-10
2-6-7: TERMS:
The term of office for commissioners is three (3) years or until such commissioner's
successor is appointed and qualified. The terms of the cross representatives
appointed from the arts and cultural affairs advisory commission, Catfish Creek
Watershed management authority, community development advisory commission,
historic preservation commission, housing commission, human rights commission,
long range planning advisory commission, park and recreation advisory
commission, transit advisory board, and/or zoning advisory commission must
coincide with their terms on the resilient community advisory commission. (Ord.
1-17, 1-3-2017; amd. Ord. 38-24, 6-17-2024)
2-6-8: VACANCIES:
Vacancies must be filled in the same manner as original appointments. (Ord. 32-16,
7-5-2016)
2-6-9: OFFICERS/ORGANIZATION:
The commissioners must choose annually a chairperson and vice chairperson, each
to serve a term of one year. The chairperson must appoint a secretary, who need
not be a member of the commission. The commissioners must fill a vacancy among
the officers for the remainder of the officer's unexpired term. (Ord. 32-16, 7-5-2016)
2-6-10: MEETINGS:
A. Regular Meetings: The commission generally meets monthly. When there is no
business, there is no obligation to meet.
B. Special Meetings: Special meetings may be called by the chairperson or at the
written request of a majority of the commissioners.
C. Open Meetings: All meetings must be called and held in conformance with the
Iowa open meetings law.
D. Attendance:
1. In the event a commissioner has been absent for three (3) or more
consecutive meetings of the commission, without being excused by the
chairperson, such absence will be grounds for the commission to recommend
to the city council that the position be declared vacant and a replacement
appointed.
2. Attendance must be entered upon the minutes of all meetings.
October 2024
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2-6-10
2-6-13
E. Minutes: A copy of the minutes of all regular and special meetings of the
commission must be filed with the city council within ten (10) working days after
approval by the commission, or by the next regularly scheduled city council
meeting, whichever is later.
F. Quorum: Five (5) commissioners constitute a quorum for the transaction of
business. The affirmative vote of a majority of the commissioners present and
voting is necessary for the adoption of any motion or resolution. (Ord. 32-16,
7-5-2016; amd. Ord. 42-21, 11-15-2021; Ord. 38-24, 6-17-2024)
2-6-11: COMPENSATION:
Commissioners serve without compensation, provided that they may receive
reimbursement for necessary travel and other expenses while on official
commission business within the limits established in the city administrative policies
budget. (Ord. 32-16, 7-5-2016)
2-6-12: REMOVAL:
Except as provided in subsection 2-6-10D1 of this chapter, the city council may
remove any commissioner for good cause. (Ord. 32-16, 7-5-2016)
2-6-13: POWERS:
The commission has the following powers, duties, and responsibilities:
A. To review research and data in order to provide input on reidentification,
prevention, and plans for potential economic, environmental, and social/cultural
vulnerabilities.
B. To review plans for long term prevention, preparedness, and recovery efforts.
C. To review policy and program recommendations to the city council in order to
influence resilient outcomes for the community.
D. To provide comment to the city council on the allocation of budgeted city
funding to achieve adopted resiliency goals.
E. To educate and engage the public on commission priorities.
F. To provide input on and review strategies to address identified vulnerabilities
in collaboration with city staff, other city commissions and community partners.
G. To review and make recommendations regarding sustainable Dubuque
community grant allocations.
October 2024
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2-6-13
2-6-13
H. To respect the policy making authority of the city council, the city manager's
responsibilities to implement the goals and priorities the council establishes
(council manager form of government) and the responsibility of city staff to
report to the city manager.
To ensure coordination and communication with other commissions. (Ord.
32-16, 7-5-2016)
October 2024
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2-7-1
2-7-3
CHAPTER 7
BOARD OF LIBRARY TRUSTEES
SECTION:
2-7-1:
Board Created
2-7-2:
Purpose
2-7-3:
Internal Organization And Rules
2-7-4:
Procedures For Operation
2-7-5:
Membership
2-7-6:
Oath
2-7-7:
Terms
2-7-8:
Vacancies
2-7-9:
Officers/Organization
2-7-10:
Meetings
2-7-11:
Compensation
2-7-12:
Removal
2-7-13:
Powers
2-7-14:
Charge Of Building, Donations
2-7-15:
Annual Reports
2-7-1: BOARD CREATED:
There is hereby created the board of library trustees. (Ord. 37-16, 8-1-2016)
2-7-2: PURPOSE:
The purpose of the board is to control and direct the Carnegie -Stout Public Library.
(Ord. 37-16, 8-1-2016)
2-7-3: INTERNAL ORGANIZATION AND RULES:
The board may adopt rules and regulations to govern its organizational procedures
as outlined in the board of trustees bylaws, which are not in conflict with this code
of ordinances or the Iowa Code. (Ord. 37-16, 8-1-2016)
January 2023
City of Dubuque
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2-7-4 2-7-8
2-7-4: PROCEDURES FOR OPERATION:
Except where the board's operations are governed by the Iowa Code, the board
may adopt policies to govern its operation. (Ord. 37-16, 8-1-2016)
2-7-5: MEMBERSHIP:
The board comprises seven (7) residents of the city, appointed by city council.
(Ord. 37-16, 8-1-2016; amd. Ord. 46-22, 12-19-2022; Ord. 24-24, 6-17-2024)
2-7-6: OATH:
Each person, upon selection to the board, must execute an oath of office at the first
meeting of the board following the selection or at the city clerk's office any time prior
to the first meeting of the board. (Ord. 37-16, 8-1-2016; amd. Ord. 24-24,
6-17-2024)
2-7-7: TERMS:
The term of office for members of the board is four (4) years or until such member's
successor is appointed and qualified. (Ord. 37-16, 8-1-2016)
2-7-8: VACANCIES:
Vacancies must be filled in the same manner as original appointments. (Ord. 37-16,
8-1-2016)
October 2024
City of Dubuque
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2-7-9
2-7-11
2-7-9: OFFICERS/ORGANIZATION:
The board must choose annually a chairperson and vice chairperson, each to serve
a term of one year. The chairperson must appoint a secretary, who need not be a
member of the commission. The board must fill a vacancy among its officers for the
remainder of the officer's unexpired term. (Ord. 37-16, 8-1-2016; amd. Ord. 24-24,
6-17-2024)
2-7-10: MEETINGS:
A. Regular Meetings: The board must meet not less than what is required by the
State Library Of Iowa standards for accreditation.
B. Special Meetings: Special meetings maybe called by the chairperson or at the
written request of a majority of the members.
C. Open Meetings: All meetings must be called and held in conformance with the
Iowa open meetings law.
D. Attendance:
1. The board must declare the office of a trustee vacant when the trustee is
removed from the library board or the unexcused absence from six (6)
consecutive regular meetings.
2. Attendance must be entered upon the minutes of all meetings.
E. Minutes: A copy of the minutes of all regular and special meetings of the board
must be filed with the city council within ten (10) working days after approval by
the board.
F. Quorum: Four (4) members of the board constitute a quorum for the
transaction of business. The affirmative vote of a majority of the members
present and voting is necessary for the adoption of any motion or resolution.
(Ord. 37-16, 8-1-2016; amd. Ord. 24-24, 6-17-2024)
2-7-11: COMPENSATION:
Members serve without compensation, provided that they may receive
reimbursement for necessary travel and other expenses while on official board
business within the limits established in the city administrative policies and budget.
(Ord. 37-16, 8-1-2016)
October 2024
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2-7-12
2-7-13
2-7-12: REMOVAL:
The mayor may remove any member for cause upon written charges and after a
public hearing. (Ord. 37-16, 8-1-2016)
2-7-13: POWERS:
The board has the following powers, duties, and responsibilities:
A. To have charge, control, and supervision of the public library, its appurtenances
and fixtures, and rooms containing the same, directing and controlling all the
affairs of such library;
B. To employ a librarian, such assistants, and employees as may be necessary
for the proper management of said library, and fix their compensation; but, prior
to such employment, the compensation of such librarian, assistants, and
employees shall be fixed for the term of employment by a majority of the
members of said board voting in favor thereof;
C. To remove such librarian, assistants, or employees by a vote of two-thirds (2/3)
of such board for good cause;
D. To select and make purchases of print and nonprint materials for the collection,
furniture, fixtures, stationery, and supplies for such library;
E. To authorize the use of such library by nonresidents of the city and to fix
charges therefor;
F. To make, adopt, amend, modify, or repeal bylaws, rules, and regulations not
inconsistent with law, for the care, use, government, and management of such
library and the business of said board, fixing and enforcing penalties for the
violation thereof;
G. To have exclusive control of the expenditures of all taxes levied for library
purposes as provided by law, and of the expenditure of all monies available by
gift or otherwise, for the erection of library buildings and of all other monies
belonging to the library fund; and
H. To contract with the trustees of the township or the Dubuque County board of
supervisors or of adjacent townships or counties, or with the trustees or
governing bodies of neighboring towns or cities not having library facilities for
the public, to loan the books of said library, either singly or in groups, upon
such terms as may be agreed upon in such contract. (Ord. 37-16, 8-1-2016)
January 2023
City of Dubuque
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2-7-14 2-7-15
2-7-14: CHARGE OF BUILDING, DONATIONS:
The board has charge and control of the Carnegie -Stout Public Library building and
all gifts and donations to the city for library purposes, and sees that the same are
properly preserved for public use. (Ord. 37-16, 8-1-2016)
2-7-15: ANNUAL REPORTS:
The board must each year make a report to the city council for the year ending
December 31, giving a statement of the condition of the library, the number of
books added thereto, the number circulated, the number not returned or lost, the
amount of fines collected, and the amount of money expended in the maintenance
thereof during such year, together with such other information as may be deemed
important. (Ord. 37-16, 8-1-2016)
January 2023
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2-8-1
2-8-2
CHAPTER
ARTS AND CULTURAL AFFAIRS ADVISORY COMMISSION
SECTION:
2-8-1:
Commission Created
2-8-2:
Purpose
2-8-3:
Internal Organization And Rules
2-8-4:
Procedures For Operation
2-8-5:
Membership
2-8-6:
Oath
2-8-7:
Terms
2-8-8:
Vacancies
2-8-9:
Officers/Organization
2-8-10:
Meetings
2-8-11:
Compensation
2-8-12:
Removal
2-8-13:
Powers
2-8-14:
Cooperation With Other Agencies
2-8-15:
Solicitation And Acceptance Of Donations
2-8-1: COMMISSION CREATED:
There is hereby created the arts and cultural affairs advisory commission. (Ord.
59-14, 10-6-2014)
2-8-2: PURPOSE:
The purpose of the commission is to build the community through arts and cultural
programs by developing visibility, funding, audiences, information, and partnerships.
The commission plans, promotes, and encourages programs to further public
awareness of, accessibility to, participation in, and support for the artistic and
cultural development of the city and makes recommendations to the city council
regarding the establishment of arts and cultural policies and programs, the
expenditure of budgeted funds on arts and cultural activities, and the
implementation of programs. (Ord. 59-14, 10-6-2014)
May 2023
City of Dubuque
Page 711 of 1454
2-8-3 2-8-7
2-8-3: INTERNAL ORGANIZATION AND RULES:
The commission may adopt rules and regulations to govern its organizational
procedures as may be necessary and which are not in conflict with this code or the
Iowa Code. (Ord. 59-14, 10-6-2014)
2-8-4: PROCEDURES FOR OPERATION:
All administrative, personnel, accounting, budgetary, and procurement policies of
the city govern the commission in all its operations. (Ord. 59-14, 10-6-2014)
2-8-5: MEMBERSHIP:
A. The commission comprises seven (7) residents of the city, appointed by the city
council.
B. Special qualifications:
1. Four (4) members must have significant knowledge and demonstrate
interest in one or more areas of the arts including music, dance, literature,
visual arts, theater, folk arts, media arts, design, or arts education.
2. Two (2) members must be from the business and professional community,
one of whom lives or works in the cultural and entertainment district.
3. One member must beat large who lives or works outside the cultural and
entertainment district. (Ord. 59-14, 10-6-2014)
2-8-6: OATH:
Each person, upon appointment to the commission, must execute an oath of office
at the first meeting of the commission following the appointment or at the city clerk's
office any time prior to the first meeting of the commission. (Ord. 59-14, 10-6-2014;
amd. Ord. 23-24, 6-17-2024)
2-8-7: TERMS:
The term of office for commissioners is three (3) years or until such commissioner's
successor is appointed and qualified. (Ord. 59-14, 10-6-2014; amd. Ord. 5-23,
2-10-2023; Ord. 23-24, 6-17-2024)
October 2024
City of Dubuque
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::
2-8-8: VACANCIES:
Vacancies must be filled in the same manner as original appointments. (Ord. 59-14,
10-6-2014 )
2-8-9: OFFICERS/ORGANIZATION:
The commissioners must choose annually a chairperson and vice chairperson, each
to serve a term of one year. The chairperson must appoint a secretary, who need
not be a member of the commission. The commissioners must fill a vacancy among
its officers for the remainder of the officer's unexpired term. (Ord. 59-14, 10-6-2014)
2-8-10: MEETINGS:
A. Regular Meetings: The commission must meet monthly.
B. Special Meetings: Special meetings may be called by the chairperson or at the
written request of a majority of the commissioners.
C. Open Meetings: All meetings must be called and held in conformance with the
Iowa open meetings law.
D. Attendance:
1. In the event a commissioner has been absent for three (3) or more
consecutive meetings of the commission, without being excused by the
chairperson, such absence will be grounds for the commission to recommend
to the city council that the position be declared vacant and a replacement
appointed.
2. Attendance must be entered upon the minutes of all meetings.
E. Minutes: A copy of the minutes of all regular and special meetings of the
commission must be filed with the city council within ten (10) working days after
approval by the commission, or by the next regularly scheduled city council
meeting, whichever is later.
F. Quorum: Four (4) commissioners constitute a quorum for the transaction of
business. The affirmative vote of a majority of the commissioners present and
voting is necessary for the adoption of any motion or resolution. (Ord. 59-14,
10-6-2014; amd. Ord. 55-19, 12-16-2019; Ord. 23-24, 6-17-2024)
October 2024
City of Dubuque
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2-8-11
2-8-13
2-8-11: COMPENSATION:
Commissioners serve without compensation, provided that they may receive
reimbursement for necessary travel and other expenses while on official
commission business within the limits established in the city administrative policies
and budget. (Ord. 59-14, 10-6-2014)
2-8-12: REMOVAL:
Except as provided in subsection 2-8-10D1 of this chapter, the city council may
remove any commissioner for good cause. (Ord. 31-15, 5-18-2015)
2-8-13: POWERS:
The commission has the following powers, duties, and responsibilities:
A. To promote, educate, and create awareness for arts and cultural activities;
B. To develop and increase the market for arts and cultural activities;
C. To facilitate and convene partnerships for arts and cultural activities;
D. To develop funding options and allocate budgeted funding for arts and cultural
activities;
E. To act in an advisory capacity to the city council in all matters pertaining to the
arts and cultural environment;
F. To make recommendations to the city council on the allocation of budgeted city
funding for arts programs and services;
G. To recommend applications and solicitations for grants, gifts, and donations
from individuals, groups, organizations, and agencies, both private and public,
for any purpose consistent with the purposes of the commission;
H. To make recommendations regarding city sponsorship of public programs to
further the development of public awareness of and accessibility to arts and
culture programs and activities;
To work with area organizations on broad community issues in which a cultural
perspective is relevant and desirable; and
September 2015
City of Dubuque
Page 714 of 1454
2-11-1
2-11-2
CHAPTER 11
CABLE TELEVISION COMMISSION
SECTION:
2-11--1:
Commission Created
2-11--2:
Purpose
2-11--3:
Internal Organization And Rules
2-11--4:
Procedures For Operation
2-11--5:
Membership
2-11--6:
Oath
2-11--7:
Terms
2-11--8:
Vacancies
2-11--9:
Officers/Organization
2-11-10:
Meetings
2-11-11:
Compensation
2-11-12:
Removal
2-11-13:
Powers
2-11-1: COMMISSION CREATED:
There is hereby created the cable television commission. (Ord. 50-15, 8-3-2015;
amd. Ord. 13-20, 3-16-2020)
2-11-2: PURPOSE:
The purpose of the commission is:
A. To develop, in respect to community programming, policies that will govern:
1. The use and protection of equipment and facilities;
2. The priorities and scheduling for use of channel time; and
3. Other matters pertaining to community programming or cable services in
Dubuque which may arise.
B. To develop policies and procedures regarding the public community
programming channels that will promote its nondiscriminatory, first come, first
served and equitable use in conformity with all applicable regulations and
requirements and limit such use to residents of Dubuque and their own
productions.
C. To encourage interest in and development of decidedly local community
programming.
August 2020
City of Dubuque
Page 715 of 1454
2-11-2
2-11-5
D. To encourage cooperation and cordial relations between community
programmers, cable subscribers, and the local cable manager and the local
cable manager's staff.
E. To identify and support organizations interested in the channels reserved for
public, education, and government programming.
F. To advise the following:
1. The city manager or the city manager's designee (collectively "the city
manager") on matters relating to community programming; and
2. The city council on expenditure of any funds designated by a franchise for
PEG equipment and facilities.
G. To promulgate and administer through the city manager all policies, rules, and
procedures relating to community programming.
H. To keep abreast of developments in cable technologies, services, and
programming.
To evaluate its own proceedings and actions and all community programming
and cable related activities. (Ord. 50-15, 8-3-2015; amd. Ord. 13-20,
3-16-2020)
2-11-3: INTERNAL ORGANIZATION AND RULES:
The commission may adopt rules and regulations to govern its organizational
procedures as may be necessary and which are not in conflict with this code or the
Iowa Code. (Ord. 50-15, 8-3-2015; amd. Ord. 13-20, 3-16-2020)
2-11-4: PROCEDURES FOR OPERATION:
All administrative, personnel, accounting, budgetary, and procurement policies of
the city govern the commission in all its operations. (Ord. 50-15, 8-3-2015; amd.
Ord. 13-20, 3-16-2020)
2-11-5: MEMBERSHIP:
A. The commission comprises five (5) residents of the city, appointed by the city
council.
October 2024
City of Dubuque
Page 716 of 1454
2-11-5
2-11-9
B. Special Qualifications: In its appointments, the city council will endeavor to
achieve a broad representation of the community and public interests which
can take advantage of dedicated channels to benefit the residents of the city
of Dubuque and to develop a commission versed and competent in
telecommunication administration, finances, and regulation. The city council will
attempt to give preference to applicants who are actively interested in
promoting community cable programming who possess, or are willing to
acquire, video production background, and who will relate to the spectrum of
informational and cultural needs of cable viewers of the city of Dubuque and
applicants who possess professional or experiential backgrounds in law,
finances, administration, public relations, or telecommunication technologies.
(Ord. 50-15, 8-3-2015; amd. Ord. 13-20, 3-16-2020; Ord. 26-24, 6-17-2024)
2-11-6: OATH:
Each person, upon appointment to the commission, must execute an oath of office
at the first meeting of the commission following the appointment or at the city clerk's
office any time prior to the first meeting of the commission. (Ord. 50-15, 8-3-2015;
amd. Ord. 13-20, 3-16-2020; Ord. 26-24, 6-17-2024)
2-11-7: TERMS:
The term of office for commissioners is three (3) years or until such commissioner's
successor is appointed and qualified. (Ord. 50-15, 8-3-2015; amd. Ord. 13-20,
3-16-2020)
2-11-8: VACANCIES:
Vacancies must be filled in the same manner as original appointments. (Ord. 50-15,
8-3-2015; amd. Ord. 13-20, 3-16-2020)
2-11-9: OFFICERS/ORGANIZATION:
The commissioners must choose annually a chairperson and vice chairperson, each
to serve a term of one year. The chairperson must appoint a secretary, who need
not be a member of the commission. The commissioners must fill a vacancy among
its officers for the remainder of the officer's unexpired term. (Ord. 50-15, 8-3-2015;
amd. Ord. 13-20, 3-16-2020)
October 2024
City of Dubuque
Page 717 of 1454
2-11-10
2-11-12
2-11-10: MEETINGS:
A. Meetings: The commission shall meet as needed. Special meetings may be
called by the chairperson or at the written request of a majority of the
commissioners.
B. Open Meetings: All meetings must be called and held in conformance with the
Iowa open meetings law.
C. Attendance:
1. In the event a commissioner has been absent for three (3) or more
consecutive meetings of the commission, without being excused by the
chairperson, such absence will be grounds for the commission to recommend
to the city council that the position be declared vacant and a replacement
appointed.
2. Attendance must be entered upon the minutes of all meetings.
D. Minutes: A copy of the minutes of all regular and special meetings of the
commission must be filed with the city council within ten (10) working days after
approval by the commission, or by the next regularly scheduled city council
meeting, whichever is later.
E. Quorum: Three (3) commissioners constitute a quorum for the transaction of
business. The affirmative vote of a majority of the commissioners present and
voting is necessary for the adoption of any motion or resolution. (Ord. 50-15,
8-3-2015; amd. Ord. 13-20, 3-16-2020; Ord. 26-24, 6-17-2024)
2-11-11: COMPENSATION:
Commissioners serve without compensation, provided that they may receive
reimbursement for necessary travel and other expenses while on official
commission business within the limits established in the city administrative policies
and budget. (Ord. 50-15, 8-3-2015; amd. Ord. 13-20, 3-16-2020)
2-11-12: REMOVAL:
Except as provided in subsection 2-11-10C1 of this chapter, the city council may
remove any commissionerfor good cause. (Ord. 50-15, 8-3-2015; amd. Ord. 13-20,
3-16-2020)
October 2024
Citv of Dubuque
Page 718 of 1454
5-1-1
5-1-4
CHAPTER1
TRANSIT ADVISORY BOARD
SECTION:
5-1--1:
Board Created
5-1--2:
Purpose
5-1--3:
Internal Organization And Rules
5-1--4:
Procedures For Operation
5-1--5:
Membership
5-1--6:
Oath
5-1--7:
Terms
5-1--8:
Vacancies
5-1--9:
Officers; Organization
5-1-10:
Meetings
5-1-11:
Compensation
5-1-12:
Removal
5-1-13:
Powers
5-1-14:
Fare Increase Or Reduction In Service, Procedure
5-1-1: BOARD CREATED:
There is hereby created the Transit Advisory Board. (Ord. 50-14, 7-21-2014)
5-1-2: PURPOSE:
The purpose of the board is to recommend the establishment of routes, schedules,
and changes in fare structure and/or rates. (Ord. 50-14, 7-21-2014)
5-1-3: INTERNAL ORGANIZATION AND RULES:
The board may adopt rules and regulations to govern its organizational procedures
as may be necessary and which are not in conflict with this Code or the Iowa Code.
(Ord. 50-14, 7-21-2014)
5-1-4: PROCEDURES FOR OPERATION:
All administrative, personnel, accounting, budgetary, and procurement policies of
the City govern the board in all its operations. (Ord. 50-14, 7-21-2014)
October 2024
Citv of Dubuque
Page 719 of 1454
5-1-5
5-1-10
5-1-5: MEMBERSHIP:
The board comprises five (5) residents of the City, appointed by the City Council.
(Ord. 50-14, 7-21-2014)
5-1-6: OATH:
Each person, upon appointment to the board, must execute an oath of office at the
first meeting of the board following the appointment or at the City Clerk's Office any
time prior to the first meeting of the board. (Ord. 50-14, 7-21-2014; amd. Ord.
39-24, 6-17-2024)
5-1-7: TERMS:
The term of office for members of the board is three (3) years or until such
member's successor is appointed and qualified. (Ord. 50-14, 7-21-2014)
5-1-8: VACANCIES:
Vacancies must be filled in the same manner as original appointments. (Ord. 50-14,
7-21-2014)
5-1-9: OFFICERS; ORGANIZATION:
The board must choose annually a Chairperson and Vice Chairperson, each to
serve a term of one year. The Chairperson must appoint a Secretary, who need not
be a member of the board. The board must fill a vacancy among its officers for the
remainder of the officer's unexpired term. (Ord. 50-14, 7-21-2014)
5-1-10: MEETINGS:
A. Regular Meetings: The board will meet bimonthly, September through May,
meeting no less than four (4) times per year.
B. Special Meetings: Special meetings maybe called by the Chairperson or at the
written request of a majority of the members.
C. Open Meetings: All meetings must be called and held in conformance with the
Iowa Open Meetings Law.
D. Attendance:
October 2024
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Page 720 of 1454
5-1-10
5-1-13
1. In the event a member of the board has been absent for three (3) or more
consecutive meetings of the board, without being excused by the Chairperson,
such absence will be grounds for the board to recommend to the City Council
that the position be declared vacant and a replacement appointed.
2. Attendance must be entered upon the minutes of all meetings.
E. Minutes: A copy of the minutes of all regular and special meetings of the board
must be filed with the City Council within ten (10) working days after approval
by the board, or by the next regularly scheduled City Council meeting,
whichever is later.
F. Quorum: Three (3) members of the board constitute a quorum for the
transaction of business. The affirmative vote of a majority of the members
present and voting is necessary for the adoption of any motion or resolution.
(Ord. 11-18, 3-19-2018; amd. Ord. 39-24, 6-17-2024)
5-1-11: COMPENSATION:
Members serve without compensation, provided that they may receive
reimbursement for necessary travel and other expenses while on official board
business within the limits established in the City administrative policies and budget.
(Ord. 50-14, 7-21-2014)
5-1-12: REMOVAL:
Except as provided in subsection 5-1-10D1 of this chapter, the City Council may
remove any member for good cause. (Ord. 32-15, 5-18-2015)
5-1-13: POWERS:
The board has the following powers, duties, and responsibilities:
A. Advise the City Council on executing agreements and grants relating to the
transit system operation and the purchase of new equipment.
B. Advise the City Council on rates, fares, or charges for the transportation of
passengers and any incidental services and the rates or charges to be made
for advertising in buses or any other facility. (Ord. 50-14, 7-21-2014)
City of Dubuque
Page 721 of 1454
5-1-14 5-1-14
5-1-14: FARE INCREASE OR REDUCTION IN SERVICE, PROCEDURE:
A. Definitions: The following words and phrases, when used in this title shall, for
the purpose of this title, have the meanings respectively ascribed to them in this
section:
SUBSTANTIAL 1. Routes: Elimination of a route;
REDUCTION IN
SERVICE: 2. Service Hours: Reduction of ten percent
(10%) of service hours of a route;
3. Service Miles: Reduction of ten percent
(10%) of service miles of a route; and/or
4. Bus Stops: Elimination of one or more stops
on a route that would result in a greater than
one-fourth (1/4) mile walking distance between
bus stops.
B. Public Hearing: Prior to the adoption of any fare increase or a substantial
reduction in service by the City Council, the City Council must set a time and
place for public hearing on such proposed fare increase or reduction in service,
and must cause a notice of the time and place of such hearing to be published
in a newspaper of general circulation in the City not less than four (4) nor more
than twenty (20) days prior to such hearing. All notices must comply with all
Federal, State, and local regulations.
C. Contents Of Notice: The notice must state the time and place of hearing,
include a summary of the proposed fare increase or reduction in service level,
indicate who the increase or reduction will affect, indicate the date the increase
or reduction will take effect, and request that interested persons comment, in
writing filed with the City Clerk prior to the time of the public hearing or in
person at the public hearing, on the proposed increase or reduction. The notice
must also state that any comments submitted will be considered by the City
Council, and that following the public hearing, the City Council will act to adopt,
modify or reject the proposed fare increase or reduction in service. All notices
must comply with all Federal, State, and local regulations. (Ord. 60-14,
10-6-2014)
October 2024
City of Dubuque
Page 722 of 1454
8-2-1
8-2-2
CHAPTER
EQUITY AND HUMAN RIGHTS COMMISSION
SECTION:
8-2-
1:
Commission Created
8-2-
2:
Purpose
8-2-
3:
Internal Organization And Rules
8-2-
4:
Procedures For Operation
8-2-
5:
Membership
8-2-
6:
Oath
8-2- 7:
Terms
8-2- 8:
Vacancies
8-2- 9:
Officers; Organization
8-2-10:
Meetings
8-2-11:
Compensation
8-2-12:
Removal
8-2-13:
Powers
8-2-14:
Records To Be Public; Exceptions
8-2-15:
Confidentiality Of Complaints
8-2-16:
Subpoenas
8-2-1: COMMISSION CREATED:
There is hereby created the equity and human rights commission. (Ord. 45-15,
7-20-2015; amd. Ord. 33-21, 10-4-2021)
8-2-2: PURPOSE:
The purpose of the commission is to hold hearings, compel the production of
evidence, and determine the merits of complaints alleging unfair or discriminatory
practices in housing, employment, education, credit, or places of public
accommodation; to investigate and study the existence, character, causes, and
extent of inequity and discrimination and to attempt to eliminate inequity and
discrimination by educating the public and promoting equity and human rights in the
community; and to take action in the community to promote equitable and inclusive
behavior and to eliminate discrimination and advance equity based on age, race,
creed, color, sex, national origin, religion, ancestry, disability, marital status, familial
status, sexual orientation, or gender identity. (Ord. 45-15, 7-20-2015; amd. Ord.
33-21, 10-4-2021)
October 2021
City of Dubuque
Page 723 of 1454
8-2-3 8-2-7
8-2-3: INTERNAL ORGANIZATION AND RULES:
The commission may adopt rules and regulations to govern its organizational
procedures as may be necessary and which are not in conflict with this code or the
Iowa Code. (Ord. 45-15, 7-20-2015)
8-2-4: PROCEDURES FOR OPERATION:
All administrative, personnel, accounting, budgetary, and procurement policies of
the city govern the commission in all its operations. (Ord. 45-15, 7-20-2015)
8-2-5: MEMBERSHIP:
The commission comprises nine (9) residents of the city, appointed by the city
council from various racial, religious, cultural, and social groups within the city. (Ord.
45-15, 7-20-2015; amd. Ord. 30-24, 6-17-2024)
8-2-6: OATH:
Each person, upon appointment to the commission, must execute an oath of office
at the first meeting of the commission following the appointment or at the city clerk's
office any time prior to the first meeting of the commission. (Ord. 45-15, 7-20-2015;
amd. Ord. 30-24, 6-17-2024)
8-2-7: TERMS:
The term of office for commissioners is three (3) years or until such commissioner's
successor is appointed and qualified. (Ord. 45-15, 7-20-2015)
October 2024
City of Dubuque
Page 724 of 1454
8-2-10
8-2-8: VACANCIES:
Vacancies must be filled in the same manner as original appointments. (Ord. 45-15,
7-20-2015)
8-2-9: OFFICERS; ORGANIZATION:
The commissioners must choose annually a chairperson and vice chairperson, each
to serve a term of one year. The chairperson must appoint a secretary, who need
not be a member of the commission. The commissioners must fill a vacancy among
its officers for the remainder of the officer's unexpired term. (Ord. 45-15, 7-20-2015)
8-2-10: MEETINGS:
A. Regular Meetings: The commission must meet monthly.
B. Special Meetings: Special meetings maybe called by the chairperson or at the
written request of a majority of the commissioners.
C. Open Meetings: All meetings must be called and held in conformance with the
Iowa open meetings law.
D. Attendance:
1. In the event a commissioner has been absent for three (3) or more
consecutive meetings of the commission, without being excused by the
chairperson, such absence will be grounds for the commission to recommend
to the city council that the position be declared vacant and a replacement
appointed.
2. Attendance must be entered upon the minutes of all meetings.
E. Minutes: A copy of the minutes of all regular and special meetings of the
commission must be filed with the city council within ten (10) working days after
approval by the commission, or by the next regularly scheduled city council
meeting, whichever is later.
F. Quorum: Five (5) commissioners constitute a quorum for the transaction of
business. The affirmative vote of a majority of the commissioners present and
voting is necessary for the adoption of any motion or resolution. (Ord. 45-15,
7-20-2015; amd. Ord. 30-24, 6-17-2024)
October 2024
City ofDubugue
Page 725 of 1454
8-2-11
8-2-13
8-2-11: COMPENSATION:
Commissioners serve without compensation, provided that they may receive
reimbursement for necessary travel and other expenses while on official
commission business within the limits established in the city administrative policies
and budget. (Ord. 45-15, 7-20-2015; amd. Ord. 30-24, 6-17-2024)
8-2-12: REMOVAL:
The city council may remove any commissioner for cause upon written charges and
after public hearing. (Ord. 45-15, 7-20-2015)
8-2-13: POWERS:
The commission serves in an advisory capacity to the City Council and has the
following powers, duties, and responsibilities:
A. To investigate and study the existence, character, causes, and extent of
inequity and discrimination in public accommodations, employment,
apprenticeship programs, on the job training programs, vocational schools,
other educational institutions, and housing in the city and to attempt the
elimination of such inequity and discrimination through education, conciliation,
and recommended changes to policy and practice.
B. To hold hearings upon any complaint made against a person, an employer, an
employment agency, a labor organization, or the employees or members
thereof, to subpoena witnesses and compel their attendance at such hearings,
to administer oaths and take the testimony of any person under oath and to
compel such person, employer, employment agency, labor organization, or
employees or members thereof, to produce for examination any books and
papers relating to any matter involved in such complaint. The commission will
issue subpoenas for witnesses in the same manner and for the same purpose
on behalf of the respondent upon the respondent's request. Such hearings may
be held by the commission, by any commissioner, or by any hearing examiner
appointed by the commission. If a witness either fails or refuses to obey a
subpoena issued by the commission, the commission may petition the district
court having jurisdiction for issuance of a subpoena and the court must, in a
proper case, issue the subpoena. Refusal to obey such subpoena is subject to
punishment for contempt.
C. To develop recommendations for actions to strengthen policies, practices,
services and programs that will, in the judgment of the commission, promote
equitable and inclusive behavior that tends to eliminate inequity and
discrimination.
October 2024
City of Dubuque
Page 726 of 1454
9-7-321.285
9-7-321.285
Cedar Cross Road, Fremont Street to a point eight hundred feet (800')
east of Ace Avenue.
Dodge Street (U.S. Highway 20), from Locust Street to a point one
thousand five hundred thirty feet (1,530') east of Locust Street.
Dodge Street (U.S. Highway 20), Locust Street to a point one thousand
one hundred feet (1,100') west of Locust Street.
Grandview Avenue, Balboa Street to 32nd Street.
Grandview Avenue, from a point approximately four hundred feet (400')
north of Ungs Street to Kaufman Avenue.
John F. Kennedy Road, Dodge Street (U.S. Highway 20) to Sunset Park
Circle.
Kerper Boulevard, 11 th Street to Hawthorne Street.
Pennsylvania Avenue, John F. Kennedy Road to westerly city limits.
Peru Road, Sheridan Road to northerly city limits.
Radford Road, from Chavenelle Road to the northerly city limits.
Roosevelt Road (Valley Road and Pebman Road), Peru Road to a point
five hundred feet (500') north of Amelia Drive.
Seippel Road, U.S. Highway 20 to the northerly city limits.
University Avenue, Prysi Street to John F. Kennedy Road.
Wacker Drive, Dodge Street (U.S. Highway 20) to John F. Kennedy Road.
16th Street, East, Kerper Boulevard to Sycamore Street.
32nd Street, West, Grandview Avenue to Highland Park.
Forty (40) miles per hour:
Central Avenue, Ruby Street to Olympic Heights Road.
Forty five (45) miles per hour:
Dodge Street (U.S. Highway 20), from a point one thousand five hundred
thirty feet (1,530') east of Locust Street to the easterly city limits on the
Julien Dubuque bridge.
October 2024
City of Dubuque
Page 727 of 1454
9-7-321.285
9-7-321.285
Dodge Street (U.S. Highway 20), from a point one thousand one hundred
feet (1,100') west of Locust Street to a point five hundred feet (500') east
of Crescent Ridge Road.
Locust Street ramps to U.S. 52/61/151, from Locust Street to U.S.
52/61 /151.
Northwest Arterial (IA 32), U.S. Highway 20 to U.S. Highway 52.
Peru Road, Roosevelt Road (Valley Road) to northerly city limits.
U.S. 61/151/52, from a point one hundred fifty feet (150') north of 5th
Street to a point one thousand one hundred feet (1,100') south of the
Julien Dubuque bridge.
Fifty (50) miles per hour:
Central Avenue, Olympic Heights Road to northerly city limits.
Dodge Street (U.S. Highway 20), from a point five hundred feet (500') east
of Crescent Ridge Road to the westerly city limits.
Northwest Arterial (IA 32), from Dodge Street (U.S. Highway 20) to the
northerly city limits.
Fifty five (55) miles per hour:
Dodge Street (U.S. Highway 20), from a point one thousand sixty feet
(1,060') west of Old Highway Road to the westerly city limits.
U.S. 61/151/52, from a point one hundred fifty feet (150') north of 5th
Street to the northerly city limits on the Dubuque/Wisconsin bridge, and
from a point one thousand one hundred feet (1,100') south of the Julien
Dubuque bridge to the southerly city limits.
D. Scheduled fines are established pursuant to Iowa Code section 805.6(6).
Excessive speed in zones 55 miles per hour or less:
1 through 5 miles per hour over
6 through 10 miles per hour over
11 through 15 miles per hour over
16 through 20 miles per hour over
August 2021
City of Dubuque
Page 728 of 1454
9-7-321.285
9-7-321.286
Over 20 miles per hour over (plus $2.00 for each mile in excess of 20
miles per hour over limit)
Excessive speed in zones greater than 55 miles per hour:
1 through 5 miles per hour over
6 through 10 miles per hour over
11 through 15 miles per hour over
16 through 20 miles per hour over
Over 20 miles per hour over (plus $5.00 for each mile in excess of 20
miles per hour over limit)
(Ord. 44-08, 6-16-2008; amd. Ord. 45-08, 6-21-2008; Ord. 59-09, 12-7-2009;
Ord. 64-14, 10-20-2014; Ord. 26-21, 6-21-2021; Ord. 57-24, 9-16-2024)
9-7-321.286: AUTOMATED SPEED ENFORCEMENT:
A. General: In accordance with its police powers, the City may deploy, erect, or
cause to have erected an automated speed enforcement system for capturing
images of motor vehicles that violate speed laws by failing to obey the posted
speed regulations within the City. The system may be managed by an
Automated Speed Enforcement Contractor that owns and operates the
requisite equipment. The police department shall retain supervisory control
over the system. The Automated Speed Enforcement Contractor shall provide
photographic and/or video images of any potential violations to the police
department to review and, in the event the police department determines a
vehicle was operated in violation of the City's speed ordinances, the police
department shall direct that a notice of Automated Speed Citation be issued to
the vehicle owner in accordance with this section.
B. Definitions:
AUTOMATED A notice of violation generated in connection with the
SPEED CITATION: Automated Speed Enforcement System.
AUTOMATED The company or entity, if any, with which the City of
SPEED Dubuque contracts to provide equipment and/or
ENFORCEMENT services in connection with the Automated Speed
CONTRACTOR: Enforcement System.
October 2024
City ofDubugue
Page 729 of 1454
9-7-321.286
9-7-321.286
AUTOMATED
An electronic system consisting of a photographic,
SPEED
video, electronic, or digital camera, a speed sensor,
ENFORCEMENT
and a vehicle sensor installed to work in conjunction
SYSTEM:
with an official traffic controller or police department
employee to automatically produce photographs,
video, or digital images of each vehicle violating a
speed limit ordinance.
DIVIDED HIGHWAY:
A roadway that is separated by a median.
LOW OR
An individual earning no more than eighty percent
MODERATE
(80%) of the higher of the median family income of
INCOME also
the county or the statewide non -metropolitan area as
referred to as "LMI":
determined by the latest United States department
of housing and urban development, section 8
income guidelines.
UNDIVIDED
A roadway without median separation.
HIGHWAY:
VEHICLE OWNER: The person or entity identified by the Iowa
Department of Transportation, or identified by any
other state vehicle registration office, as the
registered owner of a vehicle detected violating a
traffic ordinance byfailing to obey a speed regulation
within the City. Notwithstanding the foregoing, in the
event the Iowa Department of Transportation or any
other state vehicle registration office identifies a
person or entity as the lessee of the vehicle, that
lessee shall be the Vehicle Owner for purposes of
this section. In the event a state registration office
does not specify whether a person or entity listed on
the registration for the vehicle is the owner or the
lessee of the vehicle, any person or entity listed on
that vehicle registration may be deemed the Vehicle
Owner and held jointly and severally responsible for
a violation of this section.
C. Vehicle Owner Subject To Civil Fine For Automated Speed Citations:
1. If a vehicle is detected traveling at a speed above the posted limit, the
Vehicle Owner shall be subject to a civil penalty as scheduled below in
subsection D.
2. Exemptions from this section are set forth in subsection G and shall not be
considered violations for purposes of the Automated Speed Enforcement
System.
April 2024
City of Dubuque
Page 730 of 1454
10-1-2
10-1-2
ment or redevelopment" means any improvement that creates a new parking
lot, new principal structure, garage, carport, covered deck, or covered patio on
the lot or parcel or changes the footprint of the parking lot, principal structure,
garage, carport, covered deck, or covered patio on the lot or parcel.
2. Upon application and for good cause shown, the city manager may grant
a full or partial exception to the above requirement. (Ord. 44-09, 9-8-2009)
B. Duty Of Abutting Property Owner To Maintain: The abutting property owner
must maintain the area from the back of the curb to the right of way line, and
must keep such area in a safe condition free from defects, debris, nuisances,
obstructions or any other hazard. The abutting property owner must maintain
such area in a safe condition, in a state of good repair, and free from defects.
Notwithstanding the obligations imposed hereunder, the property owner may
not remove diseased trees or dead wood or plant, trim, remove or treat any tree
or plant material on public right of way without first obtaining a permit from the
city forester. (Ord. 57-14, 9-2-2014; amd. Ord. 43-24, 7-1-2024)
C. Notice To Replace, Repair Or Reconstruct:
1. Whenever the city manager shall determine that the conditions of any
sidewalk as described in subsection B of this section exist, the city manager
shall serve notice by certified mail on the abutting property owner, as shown by
the records of the county auditor, requiring the abutting property owner to
replace, repair or reconstruct the sidewalk.
2. If the city manager determines that the replacement, repair or
reconstruction of the sidewalk is not practicable because of circumstances
beyond the control of the abutting property owner, the city manager may allow
or require a temporary repair of the sidewalk until such circumstances no
longer exist. (2007 Code § 41-102)
D. Collection Of Costs Of Replacement, Reconstruction Or Temporary Repair By
City: If the abutting property owner who has been notified pursuant to
subsection C of this section to repair, replace, reconstruct, or temporarily repair
the sidewalk shall fail to repair, replace, reconstruct, or temporarily repair such
sidewalk within thirty (30) days after the mailing of such notice, the city
manager may cause the required action to be performed and assess the costs
against the abutting property for collection in the same manner as a property
tax. (2007 Code § 41-103)
E. Installments: If any amount assessed against property under subsection D of
this section exceeds one hundred dollars ($100.00), the assessment may be
paid in ten (10) annual installments, in the same manner and with the same
interest rates as provided for assessments against benefitted property under
the code of Iowa. (2007 Code § 41-104)
October 2024
City of Dubuque
Page 731 of 1454
10-1-2
10-1-3
F. Procedures For Levy: The procedures for making and levying a special
assessment pursuant to subsection D of this section and for an appeal of the
assessment are the same procedures as provided under the code of Iowa.
(2007 Code § 41-105)
G. Sidewalk Inspection Policy: The city manager shall develop, with the approval
of the city council, a written sidewalk inspection policy which shall govern the
repair, replacement, reconstruction or temporary repair of sidewalks. (2007
Code § 41-106)
10-1-3: SNOW AND ICE REMOVAL:
A. Placement In Streets:
1. Deposits From Private Premises: No person, without the express
permission of the city manager, shall remove, or cause to be removed, any
snow, ice or accumulations thereof from any private premises and deposit the
same, or cause the same to be deposited, upon any public street, alley or
sidewalk within the city.
2. Deposits Restricting Safety, Access Of Traffic: No person, without the
express permission of the city manager, shall move or displace, or cause to be
moved or displaced, any snow, ice or accumulations thereof from any section
or part of a public street, alley or sidewalk to any other part of a public street,
alley or sidewalk when such movement or displacement restricts the safety or
free access of motor vehicle and pedestrian traffic.
3. Deposits Upon Areas Cleared For Use Of Traffic: When the traveled
portion of a street or alley has been cleared for the use of motor vehicle or
pedestrian traffic, no person, without the express
permission of the city manager, shall place, or cause to be placed,
October 2024
City of Dubuque
Page 732 of 1454
10-5A-1
10-5A-2
CHAPTER
PARKS AND RECREATION
ARTICLE A. ADMINISTRATION
SECTION:
10-5A-1: Reserved
10-5A-2: Park And Recreation Advisory Commission
10-5A-1: RESERVED:
(Ord. 38-15, 7-6-2015)
10-5A-2: PARK AND RECREATION ADVISORY COMMISSION:
A. Commission Created: There is hereby created the Park and Recreation
Advisory Commission.
B. Purpose: The purpose of the commission is to advise on the general
beautification and maintenance of the City, parks, trails and open spaces and
facilities, advise and recommend the provision of facilities for active and
passive parks and recreation and advise and recommend year-round
opportunities for organized, inclusive recreation activities for all residents.
C. Internal Organization And Rules: The commission may adopt rules and
regulations to govern its organizational procedures as may be necessary and
which are not in conflict with this Code or the Iowa Code.
D. Procedures For Operation: All administrative, personnel, accounting,
budgetary, and procurement policies of the City govern the commission in all
its operations.
E. Membership: The commission comprises seven (7) residents of the City,
appointed by the City Council.
F. Oath: Each person, upon appointment to the commission, must execute an
oath of office at the first meeting of the commission following the appointment
or at the City Clerk's Office any time prior to the first meeting of the
commission.
G. Terms: The term of office for Commissioners is three (3) years or until such
Commissioner's successor is appointed and qualified.
October 2024
City ofDubuque
Page 733 of 1454
10-5A-2
10-5A-2
H. Vacancies: Vacancies must be filled in the same manner as original
appointments.
Officers/Organization: The Commissioners must choose annually a
Chairperson and Vice -Chairperson, each to serve a term of one year. The
Chairperson must appoint a Secretary, who need not be a member of the
commission. The Commissioners must fill a vacancy among its officers for the
remainder of the officer's unexpired term.
Meetings:
Regular Meetings: The commission must meet not less than bi-monthly.
2. Special Meetings: Special meetings may be called by the Chairperson or
at the written request of a majority of the Commissioners.
3. Open Meetings: All meetings must be called and held in conformance with
the Iowa Open Meetings Law.
4. Attendance:
a. In the event a Commissioner has been absent for three (3) or more
consecutive meetings of the commission, without being excused by the
Chairperson, such absence will be grounds for the commission to recommend
to the City Council that the position be declared vacant and a replacement
appointed.
b. Attendance must be entered upon the minutes of all meetings.
5. Minutes: A copy of the minutes of all regular and special meetings of the
commission must be filed with the City Council within ten (10) working days
after approval by the commission, or by the next regularly scheduled City
Council meeting, whichever is later.
6. Quorum: Four (4) Commissioners constitute a quorum for the transaction
of business. The affirmative vote of a majority of the Commissioners present
and voting is necessary for the adoption of any motion or resolution.
K. Compensation: Commissioners serve without compensation, provided that they
may receive reimbursement for necessary travel and other expenses while on
official commission business within the limits established in the City
administrative policies and budget.
L. Removal: Except as provided in subsection J4a of this section, the City Council
may remove any Commissioner for good cause.
October 2024
City of Dubuque
Page 734 of 1454
10-5A-2
10-5A-2
M. Powers: The commission has the following powers, duties, and responsibilities:
1. Provide the City Council with recommendations that further the general
and specific purposes of the commission.
2. Recommend the annual operating budgets and ongoing capital
improvements budgets.
3. Recommend establishment of or changes to fees, user fees, or rental fees.
4. Recommend issuance of permits, rental or special use agreements for
public use of all park and recreation facilities for activities outside of the special
events permit process.
5. Recommend development of community partnerships, agreements, leases
and/or plans specific to the department.
6. Recommend the establishment of policies, rules and regulations or
ordinance changes governing the use of all grounds and facilities that have
been or may be set aside as public parks, trails, open spaces, playgrounds,
and other such park and recreation facilities. Such recommendations include
but are not limited to opening and closing hours for the use of all park and
recreation facilities by the general public.
7. Recommend the establishment of general rules and regulations for all park
and recreational programs provided by the City, including fees for league
participation, facility usage and rentals by the public.
8. Recommend agreements, leases and other methods to cooperate with the
Dubuque Community School District, Holy Family school system, non -profits
and other groups interested in the promotion and implementation of
recreational activities which are in the best interest of the City.
9. Recommend conceptual and/or final park and recreational area related
development plans.
N. Solicitation And Acceptance Of Donations: The commission may solicit
donations and gifts of money, personal and real property, and personal
services. All such donations and gifts will become the property of the City for
the general support of park and recreation programs unless such items have
been designated by the donors for specific purposes. (Ord. 22-18, 7-2-2018;
amd. Ord. 37-24, 6-17-2024)
October 2024
City of Dubuque
Page 735 of 1454
City of Dubuque
Page 736 of 1454
12-4-1
12-4-4
CHAPTER
AIRPORT COMMISSION
SECTION:
12-4--1:
Commission Created
12-4--2:
Purpose
12-4--3:
Internal Organization And Rules
12-4--4:
Procedures For Operation
12-4--5:
Membership
12-4--6:
Oath
12-4--7:
Terms
12-4--8:
Vacancies
12-4--9:
Officers; Organization
12-4-10:
Meetings
12-4-11:
Compensation
12-4-12:
Removal
12-4-13:
Powers
12-4-14:
Annual Report
12-4-1: COMMISSION CREATED:
There is hereby created the airport commission. (Ord. 51-14, 8-4-2014)
12-4-2: PURPOSE:
The purpose of the commission is to manage, control, and operate the Dubuque
Regional Airport. (Ord. 51-14, 8-4-2014)
12-4-3: INTERNAL ORGANIZATION AND RULES:
The commission shall promulgate and put in force such rules and regulations as
shall be deemed necessary and appropriate for the order, operation, management,
control and supervision of the Dubuque Regional Airport. (Ord. 51-14, 8-4-2014)
12-4-4: PROCEDURES FOR OPERATION:
All administrative, personnel, accounting, budgetary, and procurement policies of
the city govern the commission in all its operations, except where the policies are
in conflict with the regulations of the federal aviation administration, the
transportation security administration, or the Iowa department of transportation.
(Ord. 51-14, 8-4-2014)
October 2024
City of Dubuque
Page 737 of 1454
12-4-5
12-4-9
12-4-5: MEMBERSHIP:
The commission comprises five (5) residents of the city, appointed by the city
council. (Ord. 51-14, 8-4-2014; amd. Ord. 20-24, 6-17-2024)
12-4-6: OATH:
Each person, upon appointment to the commission, must execute an oath of office
at the first meeting of the commission following the appointment or at the city clerk's
office any time prior to the first meeting of the commission. (Ord. 51-14, 8-4-2014;
amd. Ord. 20-24, 6-17-2024)
12-4-7: TERMS:
The term of office for commissioners is four (4) years or until such member's
successor is appointed and qualified. (Ord. 51-14, 8-4-2014)
12-4-8: VACANCIES:
Vacancies must be filled in the same manner as original appointments. (Ord. 51-14,
8-4-2014)
12-4-9: OFFICERS; ORGANIZATION:
The commissioners must choose annually a chairperson and vice chairperson, each
to serve a term of one year. The chairperson must appoint a secretary, who need
not be a commissioner. The commission must fill a vacancy among its officers for
the remainder of the officer's unexpired term. (Ord. 51-14, 8-4-2014)
October 2024
City of Dubuque
Page 738 of 1454
12-4-10
12-4-13
12-4-10: MEETINGS:
A. Meetings: Meetings may be called by the chairperson or at the written request
of a majority of the commissioners.
B. Open Meetings: All meetings must be called and held in conformance with the
Iowa open meetings law.
C. Attendance:
1. In the event a commissioner has been absent for three (3) or more
consecutive meetings of the commission, without being excused by the
chairperson, such absence will be grounds for the commission to recommend
to the city council that the position be declared vacant and a replacement
appointed.
2. Attendance must be entered upon the minutes of all meetings.
D. Minutes: A copy of the minutes of all regular and special meetings of the
commission must be filed with the city council within ten (10) working days after
approval by the commission, or by the next regularly scheduled city council
meeting, whichever is later.
E. Quorum: Three (3) members of the commission constitute a quorum for the
transaction of business. The affirmative vote of a majority of the commissioners
present and voting is necessary for the adoption of any motion or resolution.
(Ord. 51-14, 8-4-2014; amd. Ord. 20-24, 6-17-2024)
12-4-11: COMPENSATION:
Commissioners serve without compensation, provided that they may receive
reimbursement for necessary travel and other expenses while on official
commission business within the limits established in the city administrative policies
and budget. (Ord. 51-14, 8-4-2014)
12-4-12: REMOVAL:
The city council may remove any commissioner for cause upon written charges and
after public hearing. (Ord. 51-14, 8-4-2014)
12-4-13: POWERS:
A. The commission has all of the powers in relation to airports granted to cities
and counties under state law, except powers to sell the airport.
October 2024
City of Dubuque
Page 739 of 1454
12-4-13
12-4-14
B. All funds derived from taxation or otherwise for airport purposes are under the
control of the commission for the purposes of management, operation, and
control of the airport and must be deposited with the director of finance and
budget to the credit of the commission and must be disbursed only on the
written warrant or order of the commission including the payment of all
indebtedness arising from the acquisition and construction of airports and the
maintenance, operation, and extension thereof. (Ord. 51-14, 8-4-2014; amd.
Ord. 3-20, 1-21-2020)
12-4-14: ANNUAL REPORT:
An annual report will be prepared, submitted, and distributed in accordance with
Iowa Code chapter 330. (Ord. 51-14, 8-4-2014)
August 2020
City of Dubuque
Page 740 of 1454
12-5-1
12-5-3
CHAPTER
AIRPORT ZONING COMMISSION
SECTION:
12-5--1:
Commission Created
12-5--2:
Purpose
12-5--3:
Internal Organization And Rules
12-5--4:
Procedures For Operation
12-5--5:
Membership
12-5--6:
Oath
12-5--7:
Terms
12-5--8:
Vacancies
12-5--9:
Officers; Organization
12-5-10:
Meetings
12-5-11:
Compensation
12-5-12:
Removal
12-5-13:
Powers
12-5-1: COMMISSION CREATED:
There is hereby created the airport zoning commission. (Ord. 51-14, 8-4-2014)
12-5-2: PURPOSE:
The purpose of the commission is to make recommendations to the Dubuque
County board of supervisors if there is an airport hazard that endangers the lives
and property of users of the Dubuque Regional Airport and the occupants of the
land and other persons in its vicinity, or if a hazard impairs the utility of the airport.
(Ord. 51-14, 8-4-2014)
12-5-3: INTERNAL ORGANIZATION AND RULES:
The commission may adopt rules and regulations to govern its organizational
procedures as may be necessary and which are not in conflict with this code or the
Iowa Code. (Ord. 51-14, 8-4-2014)
October 2024
City of Dubuque
Page 741 of 1454
12-5-4 12-5-8
12-5-4: PROCEDURES FOR OPERATION:
All administrative, personnel, accounting, budgetary, and procurement policies of
the city govern the commission in all its operations, except where the policies are
in conflict with the regulations of the federal aviation administration, the
transportation security administration, or the Iowa department of transportation.
(Ord. 51-14, 8-4-2014)
12-5-5: MEMBERSHIP:
A. The commission comprises five (5) members:
1. Two (2) members selected by the city council from the city of Dubuque
zoning advisory commission;
2. Two (2) members selected by the Dubuque County board of supervisors;
and
3. One member from the public at large selected by the other four (4)
members. This member will serve as chairperson. (Ord. 51-14, 8-4-2014; amd.
Ord. 22-24, 6-17-2024)
12-5-6: OATH:
Each person, upon selection to the commission, must execute an oath of office at
the first meeting of the commission following the selection or at the city clerk's office
any time prior to the first meeting of the commission. (Ord. 51-14, 8-4-2014; amd.
Ord. 22-24, 6-17-2024)
12-5-7: TERMS:
The term of office for commissioners is six (6) years or until such member's
successor is appointed and qualified, provided, however, that the terms of the cross
representative appointees from the city of Dubuque zoning advisory commission
must coincide with their terms on the zoning advisory commission. (Ord. 51-14,
8-4-2014)
12-5-8: VACANCIES:
Vacancies must be filled in the same manner as original selections. (Ord. 51-14,
8-4-2014; amd. Ord. 22-24, 6-17-2024)
October 2024
City of Dubuque
Page 742 of 1454
12-5-9 12-5-11
12-5-9: OFFICERS; ORGANIZATION:
The commissioners must choose annually a vice chairperson to serve a term of one
year. The chairperson must appoint a secretary, who need not be a commissioner.
The commission must fill a vacancy among its officers for the remainder of the
officer's unexpired term. (Ord. 51-14, 8-4-2014)
12-5-10: MEETINGS:
A. Meetings: Meetings may be called by the chairperson or at the written request
of a majority of the commissioners.
B. Open Meetings: All meetings must be called and held in conformance with the
Iowa open meetings law.
C. Attendance:
1. In the event a commissioner has been absent for three (3) or more
consecutive meetings of the commission, without being excused by the
chairperson, such absence will be grounds for the commission to recommend
to the city council that the position be declared vacant and a replacement
appointed.
2. Attendance must be entered upon the minutes of all meetings.
D. Minutes: A copy of the minutes of all regular and special meetings of the
commission must be filed with the city council within ten (10) working days after
approval by the commission, or by the next regularly scheduled city council
meeting, whichever is later.
E. Quorum: Three (3) members of the commission constitute a quorum for the
transaction of business. The affirmative vote of a majority of the commissioners
present and voting is necessary for the adoption of any motion or resolution.
(Ord. 51-14, 8-4-2014; amd. Ord. 22-24, 6-17-2024)
12-5-11: COMPENSATION:
Commissioners serve without compensation, provided that they may receive
reimbursement for necessary travel and other expenses while on official
commission business within the limits established in the city and county
administrative policies and budget. (Ord. 51-14, 8-4-2014)
October 2024
City of Dubuque
Page 743 of 1454
12-5-12
12-5-13
12-5-12: REMOVAL:
The city council may remove any commissioner for cause upon written charges and
after public hearing. (Ord. 51-14, 8-4-2014)
12-5-13: POWERS:
The commission has the following powers, duties, and responsibilities:
A. To make recommendations to the Dubuque County board of supervisors and
the city council as to the boundaries of the original airport hazard area and the
appropriate regulations and restrictions to be enforced therein. The commission
must, with due diligence, prepare a preliminary report on such matters and hold
public hearings thereon before submitting its final report.
B. The commission has such other powers and duties as may hereafter be
assigned to it by the Iowa Code or joint resolution of the Dubuque County
board of supervisors and the city council. (Ord. 51-14, 8-4-2014)
October 2024
City of Dubuque
Page 744 of 1454
12-6-1
12-6-3
CHAPTER
AIRPORT ZONING BOARD OF ADJUSTMENT
SECTION:
12-6--1:
Board Created
12-6--2:
Purpose
12-6--3:
Internal Organization And Rules
12-6--4:
Procedures For Operation
12-6--5:
Membership
12-6--6:
Oath
12-6--7:
Terms
12-6--8:
Vacancies
12-6--9:
Officers; Organization
12-6-10:
Meetings
12-6-11:
Compensation
12-6-12:
Removal
12-6-13:
Powers
12-6-14:
Scope Of Authority On Appeals
12-6-1: BOARD CREATED:
There is hereby created the airport zoning board of adjustment. (Ord. 51-14,
8-4-2014)
12-6-2: PURPOSE:
The purpose of the board is to hear petitions of those who seek to modify
regulations and restrictions regarding airport zoning issues. (Ord. 51-14, 8-4-2014)
12-6-3: INTERNAL ORGANIZATION AND RULES:
The board may adopt rules and regulations to govern its organizational procedures
as may be necessary and which are not in conflict with this code or the Iowa Code.
(Ord. 51-14, 8-4-2014)
October 2024
City ofDubugue
Page 745 of 1454
12-6-4 12-6-8
12-6-4: PROCEDURES FOR OPERATION:
All administrative, personnel, accounting, budgetary, and procurement policies of
the city govern the board in all its operations, except where the policies are in
conflict with the regulations of the federal aviation administration, the transportation
security administration, or the Iowa department of transportation. (Ord. 51-14,
8-4-2014)
12-6-5: MEMBERSHIP:
A. Composition: The board comprises five (5) residents of the city.
B. Special Qualifications:
1. Two (2) members must be selected by the city council from the city of
Dubuque zoning board of adjustment.
2. Two (2) members must be selected by the Dubuque County board of
supervisors.
3. One member from the public at large must be selected by the other four
(4) members. This member will serve as chairperson. (Ord. 51-14, 8-4-2014;
amd. Ord. 21-24, 6-17-2024)
12-6-6: OATH:
Each person, upon selection to the board, must execute an oath of office at the first
meeting of the board following the selection or at the city clerk's office any time prior
to the first meeting of the board. (Ord. 51-14, 8-4-2014; amd. Ord. 21-24,
6-17-2024 )
12-6-7: TERMS:
The term of office for members of the board is five (5) years or until such member's
successor is appointed and qualified, provided, however, that the terms of the cross
representative appointees from the city of Dubuque zoning board of adjustment
must coincide with their terms on the zoning board of adjustment. (Ord. 51-14,
8-4-2014)
12-6-8: VACANCIES:
Vacancies must be filled in the same manner as original selections. (Ord. 51-14,
8-4-2014; amd. Ord. 21-24, 6-17-2024)
October 2024
City of Dubuque
Page 746 of 1454
12-6-9 12-6-11
12-6-9: OFFICERS; ORGANIZATION:
The board must choose annually a vice chairperson to serve a term of one year.
The chairperson must appoint a secretary, who need not be a member of the board.
The board must fill a vacancy among its officers for the remainder of the officer's
unexpired term. (Ord. 51-14, 8-4-2014)
12-6-10: MEETINGS:
A. Meetings: Meetings maybe called by the chairperson or at the written request
of a majority of the members.
B. Open Meetings: All meetings must be called and held in conformance with the
Iowa open meetings law.
C. Attendance:
1. In the event a member of the board has been absent for three (3) or more
consecutive meetings of the board, without being excused by the chairperson,
such absence will be grounds for the board to recommend to the city council
that the position be declared vacant and a replacement appointed.
2. Attendance must be entered upon the minutes of all meetings.
D. Minutes: A copy of the minutes of all regular and special meetings of the board
must be filed with the city council within ten (10) working days after approval by
the board, or by the next regularly scheduled city council meeting, whichever
is later.
E. Quorum: Three (3) members of the board constitute a quorum for the
transaction of business. The affirmative vote of a majority of the members
present and voting is necessary for the adoption of any motion or resolution.
The affirmative vote of a majority of the board is necessary to reverse any
order, requirement, decision, or determination of any administrative official or
to decide in favor of the applicant on any matter upon which the board is
required to pass under this chapter, or to effect any variation from the terms
thereof. (Ord. 51-14, 8-4-2014; amd. Ord. 21-24, 6-17-2024)
12-6-11: COMPENSATION:
Members serve without compensation, provided that they may receive
reimbursement for necessary travel and other expenses while on official board
business within the limits established in the city and county administrative policies
and budget. (Ord. 51-14, 8-4-2014)
October 2024
City of Dubuque
Page 747 of 1454
12-6-12
12-6-14
12-6-12: REMOVAL:
The city council may remove any member for cause upon written charges and after
public hearing. (Ord. 51-14, 8-4-2014)
12-6-13: POWERS:
The board has the following powers, duties, and responsibilities:
A. To hear and decide appeals where it is alleged there is error in any order,
requirement, decision, or determination made by an administrative official in the
enforcement of this chapter.
B. To authorize upon appeal in specific cases such variance from the terms of this
chapter as will not be contrary to the public interest, where owing to special
conditions a literal enforcement of the provisions of this chapter will result in
unnecessary hardship, and so that the spirit of this chapter will be observed
and substantial justice done.
C. The procedures and appeals of the board must be in accordance with this code
and the Iowa Code. (Ord. 51-14, 8-4-2014)
12-6-14: SCOPE OF AUTHORITY ON APPEALS:
In exercising its powers on appeal, the board may reverse or affirm wholly or partly
or may modify the order, requirement, decision, or determination appealed from and
may make such order, requirement, decision, or determination as ought to be made
and to that end have all of the powers of the officer from whom the appeal is taken.
(Ord. 51-14, 8-4-2014)
October 2024
City of Dubuque
Page 748 of 1454
CITY CODE
of
nusuQuE
IOWA
Code current through:
Ord. 57-24, passed 9-24-2024
Published by:
AMERICAN LEGAL PUBLISHING
525 Vine Street O Suite 310 O Cincinnati, Ohio 45202
1-800-445-5588 O www.amlegal.com
Page 749 of 1454
Page 750 of 1454
TITLE 9 (cont.)
Miscellaneous Rules ........... 10
School Buses.................11
Equipment ................... 12
Size, Weight And Load ......... 13
Parking ..................... 14
Impoundment Of Vehicles ....... 15
Miscellaneous City Provisions .... 16
TITLE 10
Public Ways And Property
Streets, Sidewalks And Other
Public Places .................
1
Excavations ...................
2
Encroachments On Public Places
.. 3
Waste Collection Receptacles ..
3A
Newsracks .................
3B
Projecting Signs .............
3C
Other Encroachments ........
3D
Sidewalk Cafes .............
3E
Mailboxes ..................
3F
Parades, Assemblies And
Special Events ................
4
Parks And Recreation ...........
5
Administration ..............
5A
Use Regulations .............
5B
Specific Parks, Open Spaces
And Trails .................
5C
Railroads .....................
6
Boats, Boating And Waterfront
Structures ....................
7
Valet Drop Off Parking;
Permit Requirements ...........
8
TITLE 11
Rights -Of -Way
Nonfranchised Communications
Systems In The Public
Right -Of -Way ................. 1
Cable Right -Of -Way Regulations... 2
Cable Communications .......
2A
Open Video Systems .........
2B
Cable Television ...............
3
Cable And Video Service
Providers ...............
3A
Community Teleprogramming
Commission (Rep. by
Ord. 5-12, 2-6-2012) .........
3B
Cable Regulatory Commission
(Rep. by Ord. 5-12, 2-6-2012)..
3C
Gas Franchise .................
4
Electric Franchises ..............
5
Interstate Power And Light
Company .................
5A
Maquoketa Valley Electric
Cooperative ................
5B
Procedure For Licensing
Electric Transmission
Line Companies ...............
6
Small Cell Aesthetic Guidelines ....
7
Fiber To The Home/
Business Aesthetics
Guidelines ...................
8
TITLE 12
Airport
Administration And Enforcement ... 1
General Regulations ............ 2
Airport Zoning Regulations........ 3
Airport Commission ............. 4
Airport Zoning Commission ....... 5
Airport Zoning Board Of
Adjustment ................... 6
TITLE 13
Public Utilities
Water Use And Service .......... 1
Connections ................ 1A
Water Meters ............... 1 B
February 2022
City of Dubuque
Page 751 of 1454
TITLE 13 (cont.)
Rates .....................
1C
Cross Connection Control .....
1 D
Sewers And Sewage Disposal .....
2
Discharge Regulations ........
2A
Private Disposal Systems;
Private Haulers .............
2B
Rates .....................
2C
Industrial Pretreatment
Program ..................
2D
Fats, Oils And Greases
(FOG) Program .............
2E
Gas Main Connections...........
3
Stormwater Management.........
4
Illicit Connections And
Discharges To Storm Sewer
System ......................
5
Solid Waste ...................
6
City Or Private Collection
Service ...................
6A
TITLE 14
Building And Development
Building Codes ................. 1
Building Code And Regulations .
1A
Residential Code ............
1 B
Energy Conservation Code ....
1 C
Electrical Code ..............
1 D
Fire Code And Regulations ....
1 E
Mechanical Code ............
1 F
Fuel Gas Code (Rep. by Ord.
27-23, 5-15-2023) ...........
1 G
Plumbing Code .............
1 H
Accessibility Code For Readily
Achievable Changes ..........
11
Property Maintenance Code.....
1J
International Existing Building
Code .....................
1K
Building Construction, Demoli-
tion And Moving ...............
2
Dangerous Buildings ............
3
Licensing Of Vacant And/Or
Abandoned Buildings ...........
4
October 2024
Historic Buildings (Rep. by
Ord. 42-24, 7-1-2024) ..........
5
Historic Preservation (Rep. by
Ord. 52-09, 10-19-2009) ........
6
Condominium Conversions And
Transfers To Multiple
Housing Cooperative............
7
Exterior Storage Containers
And Storage Trailers ............
8
Swimming Pools ...............
9
Signs (Rep. by Ord. 52-09,
10-19-2009) .................
10
Flood Areas ..................
11
Erosion And Sediment Control ....
12
Solar Thermal Licenses .........
13
Solar Thermal System Permits
And Inspections ..............
14
Water .......................
15
TITLE 15
Planning And Zoning
Comprehensive Plan ............ 1
Long Range Planning Advisory
Commission .................. 2
TITLE 16
Unified Development Code
PART I. GENERAL PROVISIONS
Title, Purpose And General
Provisions .................... 1
Definitions .................... 2
PART II. LAND USE REGULATIONS
Land Use General Provisions...... 3
Nonconform ities ................ 4
Zoning Districts ................ 5
Overlay Districts ................ 6
Supplemental Use Regulations .... 7
City of Dubuque
Page 752 of 1454
TITLE 14
BUILDING AND DEVELOPMENT
Subject Chapter
Building Codes.................................1
Building Code And Regulations ..................
1A
Residential Code .............................
1 B
Energy Conservation Code ....................
1 C
Electrical Code ..............................
1D
Fire Code And Regulations .....................
1 E
Mechanical Code .............................
1 F
Fuel Gas Code (Rep. by Ord. 27-23, 5-15-2023) ....
1 G
Plumbing Code .............................
1 H
Accessibility Code For Readily Achievable
Changes ...................................
11
Property Maintenance Code .....................
1 J
International Existing Building Code ...............
1 K
Building Construction, Demolition And Moving.........
2
Dangerous Buildings ............................
3
Licensing Of Vacant And/Or Abandoned Buildings .....
4
Historic Buildings (Rep. by Ord. 42-24, 7-1-2024) ......
5
Historic Preservation (Rep. by Ord. 52-09,
10-19-2009)..................................6
Condominium Conversions And Transfers To
Multiple Housing Cooperative .....................
7
Exterior Storage Containers And Storage Trailers ......
8
Swimming Pools ...............................
9
Signs (Rep. by Ord. 52-09, 10-19-2009) ............
10
Flood Areas..................................11
Erosion And Sediment Control ....................
12
Solar Thermal Licenses .........................
13
Solar Thermal System Permits And Inspections ......
14
Water.......................................15
October 2024
City of Dubuque
Page 753 of 1454
City of Dubuque
Page 754 of 1454
14-1 A-5
14-1 A-5
or city manager's designee for the temporarily boarded windows and doors. A
temporary permit may be issued upon submission of a satisfactory plan to the
city manager or city manager's designee which outlines bringing the windows
and doors into compliance with this section. "Temporary" for purposes of this
section means less than ninety (90) days. One extension of thirty (30) days
may be granted by the city manager or city manager's designee. Further
extensions may be granted at the discretion of the city manager.
D. Appeal Rights:
1. A property owner aggrieved or adversely affected by a decision of the city
manager's designee under this section may apply to the city manager for
review of such decision by filing a written notice of appeal with the city manager
within thirty (30) days of the date of the decision appealed from. The notice of
appeal must include the following:
a. Name and address of person appealing (appellant).
b. A brief statement in ordinary and concise language of the decision
appealed from, together with any material facts claimed to support the
contentions of the appellant.
c. A brief statement in ordinary and concise language of the relief
sought, and the reasons why it is claimed the protested decision appealed from
should be reversed or modified.
d. The signatures of all parties named as persons appealing and their
official mailing address.
2. The city manager shall review the decision appealed from and any
information provided by the appellant and issue a written decision within thirty
(30) days of receipt of the notice of appeal. The decision shall be mailed to the
appellant. The city manager may affirm, reverse, or modify the decision of the
city manager's designee.
E. Inventory And Review: An inventory of buildings with boarded up windows and
doors shall be completed by December 31, 2010, and maintained by the city
manager. The inventory shall be updated every twenty four (24) months and
provided for review to the city council.
F. Historic Preservation Requirements: None of the provisions of this section shall
be interpreted to reduce or modify the requirements for review and approval by
November 2016
City of Dubuque
Page 755 of 1454
14-1 A-5
14-1 A-6
the historic preservation commission required under this code for properties
located within a historic preservation or conservation district. (Ord. 16-11,
2-22-2011)
14-1A-6: BUILDING CODE ADVISORY AND APPEAL BOARD:
A. Board Created: There is hereby created the building code advisory and appeal
board.
B. Purpose: The purpose of the board is to review proposed code adoptions and
amendments for recommendation to the city council and to serve as an appeal
body for the decisions of the code official.
C. Internal Organization And Rules: The board may adopt rules and regulations
to govern its organizational procedures as may be necessary and which are not
in conflict with this code or the Iowa Code.
D. Procedures For Operation: All administrative, personnel, accounting,
budgetary, and procurement policies of the city govern the board in all its
operations.
E. Membership:
1. The board comprises seven (7) residents of the city, appointed by the city
council.
2. Special experience and training qualifications:
a. One member must be a residential construction professional.
b. One member must be a commercial construction professional.
c. One member must be an electrical construction professional.
d. One member must be a plumbing construction professional.
e. One member must be a heating, ventilation, and air conditioning
(HVAC) construction professional.
f. Two (2) multi -disciplinary representatives, which could be an architect,
engineer, building designer, or general construction professional.
October 2024
City of Dubuque
Page 756 of 1454
14-1 A-6
3. Alternates: Alternate representatives shall be appointed for the residential
construction professional, commercial construction professional, electrical
construction professional, plumbing construction professional, and HVAC
construction professional positions and shall be called upon to participate in the
event of a conflict of interest or unavailability of the primary appointee.
F. Oath: Each person, upon appointment to the board, must execute an oath of
office at the first meeting of the board following the appointment or at the City
Clerk's Office any time prior to the first meeting of the board.
G. Terms: The term of office for members of the board is three (3) years or until
such member's successor is appointed and qualified.
H. Vacancies: Vacancies must be filled in the same manner as original
appointments.
Officers/Organization: The board must choose annually a Chairperson and Vice
Chairperson, each to serve a term of one (1) year. The code official or the code
official's designee shall serve as secretary of the board. The board must fill a
vacancy among its officers for the remainder of the officer's unexpired term.
Meetings:
1. Regular Meetings: The board must meet upon call of the Chairperson, the
City Manager, or the City Manager's designee.
2. Special Meetings: Special meetings may be called by the Chairperson or
at the written request of a majority of the members.
3. Open Meetings: All meetings must be called and held in conformance with
the Iowa Open Meetings Law.
4. Appeals: The board shall meet upon notice from the Chairman, within not
less than ten (10) days and not more than ninety (90) days of the filing of an
appeal, at stated periodic meetings, or at the written request of a majority of the
members.
5. Attendance:
a. In the event a member of the board has been absent for three (3) or
more consecutive meetings of the board, without being excused by the
Chairperson, such absence will be grounds for the board to recommend to the
City Council that the position be declared vacant and a replacement appointed.
October 2024
City of Dubuque
Page 757 of 1454
14-1 A-6 14-1 A-6
b. Attendance must be entered upon the minutes of all meetings.
6. Minutes: A copy of the minutes of all regular and special meetings of the
board must be filed with the City Council within ten (10) working days after
approval by the board, or by the next regularly scheduled City Council meeting,
whichever is later.
7. Quorum: Four (4) members of the board must be in attendance to
constitute a quorum for the transaction of business. An affirmative vote of a
majority of the members present and voting is necessary for the adoption of
any motion or resolution.
K. Compensation: Members serve without compensation, provided that they may
receive reimbursement for necessary travel and other expenses while on
official board business within the limits established in the City administrative
policies and budget.
L. Removal: The City Council may remove any member for cause upon written
charges and after a public hearing.
M. Powers: The board has the following powers, duties, and responsibilities:
1. To review proposed code adoptions and amendments for recommendation
to the City Council.
2. To serve as an appeal body for the decisions of the Code official based
upon the codes adopted by the City under Title 14 of this code.
3. When hearing an appeal:
a. The board may reverse or modify a decision of the code official only
upon finding that:
(1) The true intent of the applicable code or the rules legally adopted
thereunder have been incorrectly interpreted by the Code official; or
(2) The provisions of the applicable code do not fully apply; or
(3) An equal or better form of construction has been proposed and
is appropriate.
b. The board shall require sufficient evidence or proof be submitted to
substantiate any claims that an equal or better form of construction is
appropriate.
October 2024
City of Dubuque
Page 758 of 1454
14-1 A-6
14-1 A-6
c. In order to make a finding that an equal or better form of construction
is appropriate the board must find the proposed material or method of
construction is satisfactory for the use intented and complies with the
provisions of this Code, and that the material, method, or work offered is, for
the purpose intended, at least equivalent to that prescribed by this Code in
suitability, strength, effectiveness, durability, fire resistance, and safety.
d. All appeal hearings shall be conducted in accordance with the
procedures specified in this Code.
e. The board shall have no authority relative to interpretation of the
administrative provisions of this Code nor shall the board be empowered to
waive requirements of this Code.
N. Application For Appeal:
1. Any person affected by a decision of the code official or a notice or order
issued under this Code shall have the right to appeal, provided a written
application for appeal is filed within twenty (20) days after the decision, notice,
or order was served.
2. An application for appeal shall be based on a claim that the true intent of
this code or the rules legally adopted thereunder have been incorrectly
interpreted, the provisions of this code do not fully apply, or an equal or better
form of construction is proposed. The board may find a proposed form of
construction to be equal or better.
O. Disqualification Of Member: A member shall not hear an appeal in which that
member has a personal, professional, or financial interest.
P. Postponed Hearing: Either the City or the appellant may request a
postponement of a hearing subject to the approval of the Code official. In no
event may a postponement exceed ninety (90) days beyond the date of the
appeal. (Ord. 21-16, 6-6-2016, eff. 7-1-2016; amd. Ord. 44-20,12-7-2020; Ord.
25-24, 6-17-2024)
October 2024
Cite of Dubuque
Page 759 of 1454
Page 760 of 1454
14-1 B-2
14-1 B-2
Section R310.1. Emergency escape and rescue opening required. Amended to
Read:
R310.1. Emergency escape and rescue opening required. Basements,
habitable attics and every sleeping room shall have not less than one operable
emergency escape and rescue opening. Where basements contain one or
more sleeping rooms, an emergency escape and rescue opening shall be
required in each sleeping room. Emergency escape and rescue openings shall
open directly into a public way, or to a yard or court having a minimum width of
36 inches (914 mm) that opens to a public way.
Exceptions:
1. Storm shelters and basements used only to house mechanical
equipment not exceeding a total floor area of 200 square feet (18.58 m2).
2. Where the dwelling unit or townhouse unit is equipped with an
automatic sprinkler system installed in accordance with Section P2904 of
this code, sleeping rooms in basements shall not be required to have
emergency escape and rescue openings provided that the basement has
one of the following:
2.1.One means of egress complying with Section R311 and one
emergency escape and rescue opening.
2.2. Two means of egress complying with Section R311.
3. A yard shall not be required to open directly into a public way where
the yard opens to an unobstructed path from the yard to the public way.
Such path shall have a width of not less than 36 inches (914 mm).
4. Basements without bedrooms that provide a second stairway that
terminates in a room separate from the first stairway.
Section R310.5 Replacement windows for emergency escape and rescue openings.
Amended to read:
R310.5 Replacement windows for emergency escape and rescue openings
shall be permitted to have minimum dimensions in accordance with Sections
R310.5.1 through R310.5.3 of this code, provided the replacement window
meets the following conditions:
June 2023
City of Dubuque
Page 761 of 1454
14-1 B-2 14-1 B-2
1. The replacement window is the manufacturer's largest standard size
window that will fit within the existing frame or existing rough opening. The
replacement window shall be of a style that provides for the greatest net
clear window opening area in the existing frame or existing rough opening.
2. The replacement window is not part of a change of occupancy.
R310.5.1 Minimum size. Emergency escape and rescue openings shall have a net
clear opening of not less than 4.0 square feet (0.37 m2).
R310.5.2 Minimum dimensions. The minimum net clear opening height dimension
shall be 22 inches (558 mm). The minimum net clear opening width dimension shall
be 20 inches (508 mm). The net clear opening dimensions shall be the result of
normal operation of the opening.
R310.5.3 Maximum heightfrom floor. Emergency escape and rescue openings shall
have the bottom of the clear opening not greater than 48 inches (1219 mm) above
the floor.
Exception: An existing finished sill height may exceed 48 inches (1219 mm)
above the floor if the following conditions are met:
a. A platform capable of supporting a live load of 300 pounds shall be
permanently affixed at the interior of the structure. This platform shall be
no lower than 20 inches (508 mm) above the floor and no higher than 36
inches (914 mm) above the floor. The distance from the platform to the
bottom of the clear opening shall not exceed 36 inches (914 mm). The
platform shall extend outward from the wall a minimum of 18 inches (457
mm) and shall be a minimum of 36 inches (914 mm) wide or as wide as
the clear openable width of the window, whichever is greater, or another
approved method/platform.
b. The building is equipped with smoke alarms installed in accordance
with section R314 of this code.
Section R313 Automatic Fire Sprinkler Systems. Deleted.
R314.6 Power source. Amended to read:
Section 314.6 Power source.
314.6.1 General. Smoke alarms shall receive their primary power from the
building wiring where such wiring is served from a commercial source and,
where primary power is interrupted, shall receive power from a battery. Wiring
shall be permanent and without a disconnecting switch other than those
required for overcurrent protection.
Exceptions:
October 2024
City of Dubuque
Page 762 of 1454
14-1 B-2 14-1 B-2
1. Smoke alarms shall be permitted to be solely battery powered by a
nonremovable, nonreplaceable battery that powers the alarm for at least
ten (10) years, where installed in buildings without commercial power.
2. Smoke alarms installed in accordance with Section R314.2.2 shall be
permitted to be battery powered by a nonremovable, nonreplaceable
battery that powers the alarm for at least ten (10) years.
Section N1101.14 (R401.3) Certificate (Mandatory). Deleted.
Section N1102.4.1.2 (R402.4.1.2) Testing. Deleted.
Section N1103.3.4 (R403.3.4) Duct Leakage (Prescriptive). Deleted.
Section N1103.3.5 (R403.3.5) Building Cavities (Mandatory). Amended to read:
N1103.3.7 (R403.3.7). Building Cavities (Mandatory). Exterior building framing
cavities shall not be used as ducts or plenums.
Section P2904 Dwelling Unit Fire Sprinkler Systems. Deleted.
Chapter 29. Deleted.
Chapter 30 Sanitary Drainage. Deleted.
Part VIII "Electrical" is hereby amended by deleting chapters 34-43 in their entirety.
Appendix A - Do not adopt
Appendix B - Do not adopt
Appendix C - Do not adopt
Appendix D - Do not adopt
Appendix E - Do not adopt
Appendix F - Do not adopt
Appendix G - Do not adopt
Appendix H - Do not adopt
Appendix I - Do not adopt
Appendix J - Do not adopt
Appendix K - Do not adopt
Appendix L - Do not adopt
Appendix M - Do not adopt
Appendix N - Do not adopt
Appendix O - Do not adopt
Appendix P - Do not adopt
Appendix Q - Adopt
Appendix R - Do not adopt
Appendix S - Do not adopt
Appendix T - Do not adopt
(Ord. 41-19, 9-3-2019; amd. Ord. 22-23, 5-15-2023; Ord. 51-24, 9-3-2024)
October 2024
City of Dubuque
Page 763 of 1454
City of Dubuque
Page 764 of 1454
14-1 E-2
14-1 E-2
1031.3.1 Minimum size. Amended to read:
Emergency escape and rescue openings shall have a minimum net clear
opening of 5.7 square feet. (0.53m2)
Exception: The minimum net clear opening for grade -floor emergency escape
and rescue openings shall be 5 square feet. (0.46m2)
Exception: Replacement windows installed in buildings meeting the scope of
this code shall be exempt from the minimum size requirements of this section,
provided that the replacement window meets the following conditions:
1. The replacement window is the manufacturer's largest standard size
window that will fit within the existing frame or existing rough opening. The
replacement window shall be of a style that provides for the greatest net
clear window opening area in the existing frame or existing rough opening,
but will have a minimum net clear openable width of 20 inches (508 mm),
a minimum net clear openable height of 22 inches (558 mm), and a
minimum net clear opening of 4.0 square feet (0.372 m2).
2. Window replacements permitted between April 11, 2016 and the
effective date of this ordinance that serve as the required emergency
escape and rescue opening will be allowed to remain as long as they meet
the following requirements:
a. Window was permitted as required by the City of Dubuque
b. Window was approved as code compliant as documented by the
City of Dubuque.
3. The replacement window is not part of a change of occupancy or use.
Section 1031.3.3. Maximum height from floor. Amended to read:
1031.3.3. Maximum height from floor.
Emergency escape and rescue openings shall have the bottom of the clear
opening not greater than 44 inches (1118 mm) measured from the floor. An
existing finished sill height may exceed 44 inches (1118 mm) above the floor
if the following conditions are met:
a. A platform capable of supporting a live load of 300 pounds shall be
permanently affixed at the interior of the structure. This platform shall be
June 2023
City of Dubuque
Page 765 of 1454
14-1 E-2 14-1 E-2
no lower than 20 inches (508 mm) above the floor and no higher than 36
inches (914 mm) above the floor. The distance from the platform to the
finished sill height shall not exceed 36 inches (914 mm). The platform shall
extend outward from the wall a minimum of 18 inches (457 mm) and shall
be at least as wide as the clear openable width of the window or other
approved method/platform.
b. The emergency escape and rescue opening shall comply with section
1031.3.2 of this code.
Section 1103.8.3 Power Source. Amended to read:
1103.8.3 Power source.
Single -station smoke alarms shall receive their primary power from the building
wiring provided that such wiring is served from a commercial source and shall
be equipped with a battery backup. Smoke alarms with integral strobes that are
not equipped with battery backup shall be connected to an emergency
electrical system. Smoke alarms shall emit a signal when the batteries are low.
Wiring shall be permanent and without a disconnecting switch other than as
required for overcurrent protection.
Exceptions:
1. Smoke alarms are permitted to be solely battery operated in existing
buildings where construction is not taking place, provided that the battery
is nonremovable, nonreplaceable and powers the alarm for at least ten
(10) years.
2. Smoke alarms are permitted to be solely battery operated in buildings
that are not served from a commercial power source, provided that the
battery is nonremovable, nonreplaceable and powers the alarm for at least
ten (10) years.
3. Smoke alarms are permitted to be solely battery operated in existing
areas of buildings undergoing alterations or repairs that do not result in the
removal of interior walls or ceiling finishes exposing the structure, unless
there is an attic, crawl space or basement available that could provide
access for building wiring without the removal of interior finishes, provided
that the battery is nonremovable, nonreplaceable and powers the alarm for
at least ten (10) years.
Appendix A - Do not adopt
Appendix B - Adopt
Appendix C - Adopt
Appendix D - Adopt
October 2024
City of Dubuque
Page 766 of 1454
14-1 E-2
14-1 E-5
Appendix E - Do not adopt
Appendix F - Do not adopt
Appendix G - Do not adopt
Appendix H - Do not adopt
Appendix I - Do not adopt
Appendix J - Do not adopt
Appendix K - Do not adopt
Appendix L - Do not adopt
Appendix M - Do not adopt
(Ord. 47-19, 9-3-2019; amd. Ord. 23-23, 5-15-2023; Ord. 50-24, 9-3-2024)
14-1 E-3: RESERVED:
14-1 E-4: EMERGENCIES:
Where a situation requires immediate decision, that of the fire chief shall be final
and conclusive. (Ord. 46-10, 8-6-2010; amd. Ord. 23-23, 5-15-2023)
14-1 E-5: SPECIAL CONDITIONS:
The fire chief in matters of fire prevention shall have full power to exercise judgment
in a reasonable and proper manner and rule accordingly on all special cases in
regard to any of the matters and things treated in this code relating to fire hazards
not specifically covered thereby. (Ord. 46-10, 8-6-2010; amd. Ord. 23-23,
5-15-2023)
October 2024
City of Dubuque
Page 767 of 1454
City of Dubuque
Page 768 of 1454
14-1 J-2 14-1 J-2
Section 304.14. Insect Screens. Insert: May 1 to November 1.
Section 304.18.1. Doors. Amended to read:
304.18.1. Doors. Doors providing access to a dwelling unit, rooming unit, or
housekeeping unit that is rented, leased or let shall be equipped with a lock
designed to be readily openable from the side from which egress is to be made
without the need for keys, special knowledge, or special effort. Such locks shall
be installed according to the manufacturer's specifications and maintained in
good working order.
Section 305.3. Interior Surfaces. Amended to read:
305.3. Interior Surfaces.
A. Interior surfaces, including windows and doors, shall be maintained in
good, clean, and sanitary condition. Peeling, chipping, loose, flaking, or
abraded paint shall be repaired, removed, or covered. Cracked or loose plaster,
decayed wood, and other defective surface conditions shall be corrected.
B. All residential properties receiving federal assistance must be in
compliance with the Lead Safe Housing Rule at 24 CFR 35 and the
Lead -Based Paint Poisoning Prevention Act at 42 USC 4822. The owner of
federally assisted units must provide certification that the dwelling is in
accordance with said regulations. If the federally assisted unit was constructed
prior to 1978, upon occupancy a notice must be provided which outlines the
lead -based paint regulations, the hazards of lead -based paint poisoning, the
symptoms and treatment of lead poisoning, and the precautions to be taken
against lead poisoning.
C. All residential property must comply with the Residential Lead -Based Paint
Hazard Reduction Act of 1992, requiring the disclosure of known information
on lead -based paint and lead -based paint hazards before the sale or lease of
certain housing built before 1978.
Section 308.2.1. Rubbish Storage Facilities. Amended to add:
Exception: Pursuant to Iowa Code §562A.15 a landlord may enter into an
agreement, in certain circumstances, with a tenant for maintenance in which
case the tenant will be responsible for compliance with this provision. Upon
request of the city, a landlord must provide a copy of the written agreement.
Responsibility for a violation will default to the property owner if the requested
documentation is not provided within five (5) days of the date of service of the
notice of violation.
Section 404.4.2. Deleted.
Section 404.4.3. Water Closet Accessibility. Amended to read as follows:
October 2024
City of Dubuque
Page 769 of 1454
14-1 J-2
14-1 J-2
404.4.3. Water Closet Accessibility. Every bedroom in a dwelling unit shall have
access to not less than one water closet and lavatory located in the same story
as the bedroom or an adjacent story.
Section 602.3. Heat Supply. Insert: September 15 to May 15.
Section 602.4. Occupiable Work Spaces. Insert: September 15 to May 15.
Section 602.5. Room Temperature Measurement. Amended to read:
602.5. Room Temperature Measurement. The required room temperatures
shall be measured three (3) feet (914 mm) above the floor, at an interior wall.
Section 605.2. Receptacles. Amended to add:
Every habitable space in a dwelling shall contain not less than two separate
and remote receptacle outlets. Every laundry area shall contain not less than
one grounding -type receptacle or a receptacle with a ground fault circuit
interrupter. Every bathroom shall contain not less than one receptacle. All
receptacle outlets within six feet (6') of any water source shall have ground fault
circuit interrupter (GFCI) protection. All receptacle outlets shall have the
appropriate faceplate cover for the location.
Exception: In lieu of every habitable space in a dwelling containing two
separate and remote receptacle outlets, one receptacle and a separate
permanently installed light fixture is allowable.
Section 702.4. Emergency escape openings. Amended to read:
702.4. Emergency escape and rescue openings. Basements, habitable attics,
and every sleeping room shall not have less than one operable emergency
escape and rescue opening. Where basements contain one or more sleeping
rooms, an emergency escape and rescue opening shall be required in each
sleeping room. Emergency escape and rescue openings shall open directly
into a public way, or to a yard or court having a minimum width of 36 inches
(914 mm) that opens to a public way. Emergency escape and rescue openings
shall have minimum dimensions in accordance with 702.4.1 through 704.2.3 of
this code.
Exception: Window replacements permitted between April 11, 2016 and the
effective date of this ordinance that serve as the required emergency escape
and rescue opening will be allowed to remain as long as they meet the
following requirements:
a. Window was permitted as required by the City of Dubuque
b. Window was approved as code compliant as documented by the City of
Dubuque.
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14-1 J-2
702.4.1 Minimum size. Emergency escape and rescue openings shall have a
net clear opening of not less than 4.0 square feet (0.370 m2).
702.4.2 Minimum dimensions. The minimum net clear opening height
dimension shall be 22 inches (558 mm). The minimum net clear opening width
dimension shall be 20 inches (508 mm). The net clear opening dimensions
shall be the result of normal operation of the opening.
702.4.3 Maximum height from floor. Emergency escape and rescue openings
shall have the bottom of the clear opening not greater than 48 inches (1219
mm) above the floor.
Exception: An existing finished sill height may exceed 48 inches (1219 mm)
above the floor if the following conditions are met:
a. A platform capable of supporting a live load of 300 pounds shall be
permanently affixed at the interior of the structure. This platform shall be
no lower than 20 inches (508 mm) above the floor and no higher than 36
inches (914 mm) above the floor. The distance from the platform to the
bottom of the clear opening shall not exceed 36 inches (914 mm). The
platform shall extend outward from the wall a minimum of 18 inches (457
mm) and shall be a minimum of 36 inches (914 mm) wide or as wide as
the clear openable width of the window, whichever is greater, or another
approved method/platform.
b. The building is equipped with smoke alarms installed in accordance
with Section R314 of the International Residential Code in one- and
two-family dwellings, or Section 907.2.10 of the International Building Code
for all other structures, regardless of the valuation of the alteration.
704.6.3 Power source. Amended to read:
704.6.3 Power source.
704.6.3.1 General. Single -station smoke alarms shall receive their primary
power the building wiring provided that such wiring is served from a commercial
source and shall be equipped with a battery backup. Smoke alarms with
integral strobes that are not equipped with battery backup shall be connected
to an emergency electrical system. Smoke alarms shall emit a signal when the
batteries are low. Wiring shall be permanent and without a disconnecting switch
other than as required for overcurrent protection.
Exceptions:
1. Smoke alarms are permitted to be solely battery operated in existing
buildings where construction is not taking place, provided that the battery
is nonremovable, nonreplaceable and powers the alarm for at least ten
(10) years.
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2. Smoke alarms are permitted to be solely battery operated in buildings
that are not served from a commercial power source, provided that the
battery is nonremovable, nonreplaceable and powers the alarm for at least
ten (10) years.
3. Smoke alarms are permitted to be solely battery operated in existing
areas of buildings undergoing alterations or repairs that do not result in the
removal of interior walls or ceiling finishes exposing the structure, unless
there is an attic, crawl space or basement available that could provide
access for building wiring without the removal of interior finishes, provided
that the battery is nonremovable, nonreplaceable and powers the alarm for
at least ten (10) years.
704.6.3.2 Battery -Powered Smoke Alarms in Federally Assisted Housing. After
December 23, 2024, battery -powered smoke alarms listed in accordance with
UL 217 must be powered by a nonremovable, nonreplaceable battery that
powers the alarm for at least ten (10) years if installed in any of the following
federally assisted housing:
1. Public Housing, Tenant -Based Assistance, And Project -Based
Assistance -The United States Housing Act of 1937 (42 U.S.C. 1437 et
seq.)
2. Supportive Housing For The Elderly -Section 2020) of the Housing Act
of 1959 (12 U.S.C. 1701q(j)).
3. Supportive Housing For Persons With Disabilities -Section 8110) of
the Cranston -Gonzalez National Affordable Housing Act (42 U.S.C.
8013(j)).
4. Housing Opportunities For Persons With AIDS -Section 856 of the
Cranston -Gonzalez National Affordable Housing Act (42 U.S.C. 12905).
5. Rural Housing -Title V of the Housing Act of 1949 (42 U.S.C. 1471 et
seq.)
6. Farm Labor Housing Direct Loans & Grants -Section 516 of the
Housing Act of 1949 (42 U.S.C. 1486).
704.6.3.3 Battery -Powered Smoke Alarm Replacement. After January 1, 2025,
a battery -powered smoke alarm listed in accordance with UL 217 that replaces
an existing battery -powered smoke alarm must be powered by a
nonremovable, nonreplaceable battery that powers the alarm for at least ten
(10) years.
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Exception: The nonremovable, nonreplaceable battery requirements do not
apply to a fire alarm, smoke detector, smoke alarm, or ancillary component that
is electronically connected as a part of a centrally monitored or supervised
alarm system; that uses a low -power, radio frequency wireless communication
signal.
704.6.3.4 Battery -Powered Smoke Alarm Compliance Date. On January 1,
2030 all existing battery -powered smoke alarms must be powered by a
nonremovable, nonreplaceable battery that powers the alarm for at least ten
(10) years.
Appendix A - Do not adopt
Appendix B - Do not adopt
(Ord. 30-16, 6-20-2016, eff. 7-1-2016; amd. Ord. 34-17, 7-5-2017; Ord. 45-19,
9-3-2019; Ord. 35-20, 9-21-2020; Ord. 17-21, 5-3-2021; Ord. 36-21, 10-18-2021;
Ord. 19-22, 5-2-2022; Ord. 25-23, 5-15-2023; Ord. 49-24, 9-3-2024)
14-1 J-3: RENTAL LICENSES:
A. Rental License Required: No property owner, manager, or licensed real estate
professional may letto anotherfor rent and/or occupancy anydwelling, dwelling
unit, housekeeping unit, rooming house, rooming unit, or sleeping unit, as
defined by the Property Maintenance Code and hereinafter cumulatively
referred to as "rental unit" in the City unless such person holds a current rental
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B. Appeal Filing Fee: At the time of filing the notice of appeal, the appellant must
pay therewith a filing fee in an amount set by the city manager. If the board
reverses the designation, the fee will be fully refunded.
C. Notice Of Hearing: Upon receipt of a notice of appeal filed pursuant to this
section, the chairperson of the board must fix a date, time, and place for
hearing the appeal, within sixty (60) days from the date the appeal was filed,
unless agreed upon by the appellant and city. Written notice of the time and
place of the hearing must be given at least ten (10) days prior to the date of the
hearing to the appellant either by causing a copy of such notice to be
personally delivered to the appellant or by mailing a copy thereof to the
appellant's address shown on the notice of appeal.
D. Waiver: The failure to file a notice of appeal in accordance with this section
constitutes a waiver of the appeal.
E. Appeals Process: The housing board of appeals shall adopt and make
available to the public through the secretary procedures under which a hearing
will be conducted. The procedures shall not require compliance with strict rules
of evidence, but shall mandate that only relevant information be received.
F. Appeals Board Action: Following the hearing, the housing board of appeals
may, by a majority vote, affirm the designation or reverse the designation. (Ord.
30-16, 6-20-2016, eff. 7-1-2016)
14-1 J-6: INSPECTION OF PROPERTIES OWNED BY PRIORITY
CATEGORY:
The city manager or the city manager's designee may order the inspection of any
or all properties owned or managed by a priority category. The fee for such
inspection will be as set by the city manager. The properties may be put on an
accelerated inspection schedule by the city manager or the city manager's
designee. If a priority category fails to comply with an inspection schedule or pay
any inspection fee, the rental license may be suspended or revoked and the tenants
relocated from the unit at the priority category's expense. (Ord. 30-16, 6-20-2016,
eff. 7-1-2016)
14-1J-7: HOUSING APPEALS AND MEDIATION BOARD:
A. Board Created: There is hereby created the Housing Appeals and Mediation
Board.
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14-1 J-7
B. Purpose: The purpose of the board is to hear appeals relative to repair
deadlines and nuisance abatement orders, decisions, or determinations made
by the code official and landlord/tenant disputes regarding property access,
nuisance abatement and rent abatement due to the failure of the responsible
party to correct city code violations in a timely manner.
C. Internal Organization And Rules: The board may adopt rules and regulations
to govern its organizational procedures as may be necessary and which are not
in conflict with this code or the Iowa Code.
D. Procedures For Operation: All administrative, personnel, accounting,
budgetary, and procurement policies of the city govern the board in all its
operations.
E. Membership:
1. The board comprises five (5) residents of the city, appointed by the city
council.
2. Special Experience And Training Qualifications: The housing appeals and
mediation board shall be comprised of residents with an interest in fair and
equitable housing with emphasis on balance of landlords, tenants and other
interested citizens.
F. Oath: Each person, upon appointment to the board, must execute an oath of
office at the first meeting of the board following appointment or at the city
clerk's office any time prior to the first meeting of the board.
G. Terms: The term of office for members of the board is three (3) years or until
such member's successor is appointed and qualified.
H. Vacancies: Vacancies must be filled in the same manner as original
appointments.
Officers/Organization: The board must choose annually a chairperson and vice
chairperson, each to serve a term of one year. The code official or the code
official's designee is the secretary of the board. The board must fill a vacancy
among its officers for the remainder of the officer's unexpired term.
Meetings:
1. The board shall meet upon notice from the chairman, within not less than
ten (10) days and not more than ninety (90) days of the filing of an appeal or
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a request for mediation, at stated periodic meetings, or at the written request
of a majority of the members.
2. Attendance:
a. In the event a member of the board has been absent for three (3) or
more consecutive meetings of the board, without being excused by the
chairperson, such absence will be grounds for the board to recommend to the
city council that the position be declared vacant and a replacement appointed.
b. Attendance must be entered upon the minutes of all meetings.
3. Minutes: A copy of the minutes of all regular and special meetings of the
board must be filed with the city council within ten (10) working days after
approval by the board, or by the next regularly scheduled city council meeting,
whichever is later.
4. Quorum: Three (3) members of the board must be in attendance to
constitute a quorum for the transaction of business. An affirmative vote of a
majority of the members present and voting is necessary for the adoption of
any motion or resolution.
K. Compensation: Members serve without compensation, provided that they may
receive reimbursement for necessary travel and other expenses while on
official board business within the limits established in the city administrative
policies and budget.
L. Removal: Except as provided in subsection 14-1 J-7J2 of this chapter, the city
council may remove any member for good cause.
M. Powers:
Repair Timeline Appeals:
a. An appeal of repair deadlines shall be based on a claim that specific
code violations cannot be corrected in the timeframe prescribed by the
inspector. The board shall evaluate whether the violations can be corrected in
the time frame prescribed by the inspector. The board may uphold the
timeframe prescribed by the inspector or grant an extension of time not to
exceed nine (9) months from the date of the notice of violation.
b. In no event shall the board have the authority to amend the violation
as determined by the inspector or wave requirements of this code.
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2. Nuisance Abatement:
a. An appeal of a nuisance abatement order shall be based on the claim
that the true intent of Title 6, Chapters 4 and 8 related to rubbish and garbage
have not been correctly interpreted or the provisions don't fully apply. The
board may uphold the finding of a nuisance and ordered abatement, modify the
deadline for nuisance abatement, or reverse the nuisance designation based
on determination that the condition is not a violation of the code.
b. In no event shall the board have the authority to waive the
requirements of this code.
3. Mediation:
a. An application for mediation shall be based on the claim that either the
landlord or tenant have failed to fulfill their duties as required by the lease
between the parties, the Iowa Code, or the city code.
b. The City will work directly with magistrates within the Iowa District
Court in and for Dubuque County to best serve the needs of the involved
parties and encourage building positive landlord tenant relationships for the
betterment of the community during an eviction proceeding.
c. The board will hear all issues related to the requested mediation, ask
questions necessary to develop a full understanding of the issues, guide
participants to develop mutually agreeable solutions, and assist in recording
binding written agreements between the parties.
Failure to resolve issues in mediation will result in a referral to the appropriate
jurisdictional authority (court) along with a copy of the mediation record and any
exhibits or evidence provided by parties of the mediation.
4. All appeal hearings shall be conducted in accordance with the procedures
specified in this Code.
N. Application For Appeal:
1. Any person affected by a nuisance abatement order or repair timeline
decision of the code official shall have the right to appeal to the housing
appeals and mediation board, provided a written application for appeal is filed
within twenty (20) days after the day the decision, notice, or order was served
and prior to the deadline on the notice.
2. An application for appeal shall dispute the timeline necessary to complete
repair or the designation of a condition as a nuisance.
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O. Disqualification Of Member: A member shall not hear an appeal in which that
member has a personal, professional, or financial interest.
P. Postponed Hearing: Either the City, the party appealing, or a mediation
participant may request a postponement of a proceeding subject to the
approval of the Code official. In no event may a postponement exceed ninety
(90) days beyond the date of the appeal. (Ord. 30-16, 6-20-2016, eff. 7-1-2016;
amd. Ord. 34-17, 7-5-2017; Ord. 50-20, 12-7-2020; Ord. 32-24, 6-17-2024)
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14-5
14-5
CHAPTER
HISTORIC BUILDINGS
(Rep. by Ord. 42-24, 7-1-2024)
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15-2-1
15-2-3
CHAPTER
LONG RANGE PLANNING ADVISORY COMMISSION
SECTION:
15-2-
1:
Commission Created
15-2-
2:
Purpose
15-2-
3:
Internal Organization And Rules
15-2-
4:
Procedures For Operation
15-2-
5:
Membership
15-2-
6:
Oath
15-2-
7:
Terms
15-2-
8:
Vacancies
15-2-
9:
Officers/Organization
15-2-10:
Meetings
15-2-11:
Compensation
15-2-12:
Removal
15-2-13:
Powers
15-2-1: COMMISSION CREATED:
There is hereby created the long range planning advisory commission. (Ord. 62-15,
9-21-2015)
15-2-2: PURPOSE:
The purpose of the commission is to foster the community planning process,
develop policies, goals, plans, and management tools based on a consensus of
community values, and help guide the community's future development, public
policies, and decision making. (Ord. 62-15, 9-21-2015)
15-2-3: INTERNAL ORGANIZATION AND RULES:
The commission may adopt rules and regulations to govern its organizational
procedures as may be necessary and which are not in conflict with this code or the
Iowa Code. (Ord. 62-15, 9-21-2015)
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15-2-4 15-2-8
15-2-4: PROCEDURES FOR OPERATION:
All administrative, personnel, accounting, budgetary, and procurement policies of
the city govern the commission in all its operations. (Ord. 62-15, 9-21-2015)
15-2-5: MEMBERSHIP:
A. Composition: The commission comprises seven (7) residents of the city,
appointed by the city council.
B. Qualifications:
1. All members must be qualified by their knowledge, experience, and ability
to contribute to the city's long range planning and development efforts.
2. Cross -Representation: One (1) member must be appointed by and from
the membership of the Housing Commission, with city council approval. (Ord.
62-15, 9-21-2015; amd. Ord. 4-21, 2-15-2021; Ord. 36-24, 6-17-2024)
15-2-6: OATH:
Each person, upon appointment to the commission, must execute an oath of office
at the first meeting of the commission following the appointment or at the city clerk's
office any time prior to the first meeting of the commission. (Ord. 62-15, 9-21-2015;
amd. Ord. 36-24, 6-17-2024)
15-2-7: TERMS:
The term of office for commissioners is three (3) years or until such commissioner's
successor is appointed and qualified. The term of the cross -representative
appointee to the Long Range Planning Advisory Commission must coincide with
their term on the Housing Commission. (Ord. 62-15, 9-21-2015; amd. Ord. 4-21,
2-15-2021)
15-2-8: VACANCIES:
Vacancies must be filled in the same manner as original appointments. (Ord. 62-15,
9-21-2015)
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15-2-9 15-2-11
15-2-9: OFFICERS/ORGANIZATION:
The commissioners must choose annually a chairperson and vice chairperson, each
to serve a term of one year. The chairperson must appoint a secretary, who need
not be a member of the commission. The commissioners must fill a vacancy among
its officers for the remainder of the officer's unexpired term. (Ord. 62-15, 9-21-2015)
15-2-10: MEETINGS:
A. Meetings: Meetings may be called by the Chairperson or at the written request
of a majority of the Commissioners.
B. Open Meetings: All meetings must be called and held in conformance with the
Iowa Open Meetings Law.
C. Attendance:
1. In the event a Commissioner has been absent for three (3) or more
consecutive meetings of the commission, without being excused by the
Chairperson, such absence will be grounds for the commission to recommend
to the City Council that the position be declared vacant and a replacement
appointed.
2. Attendance must be entered upon the minutes of all meetings.
D. Minutes: A copy of the minutes of all regular and special meetings of the
commission must be filed with the City Council within ten (10) working days
after approval by the commission, or by the next regularly scheduled City
Council meeting, whichever is later.
E. Quorum: Four (4) Commissioners constitute a quorum for the transaction of
business. The affirmative vote of a majority of the Commissioners present and
voting is necessary for the adoption of any motion or resolution. (Ord. 46-16,
9-19-2016; amd. Ord. 36-24, 6-17-2024)
15-2-11: COMPENSATION:
Commissioners serve without compensation, provided that they may receive
reimbursement for necessary travel and other expenses while on official
commission business within the limits established in the City administrative policies
and budget. (Ord. 62-15, 9-21-2015)
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15-2-12
15-2-13
15-2-12: REMOVAL:
Except as provided in subsection 15-2-10C1 of this chapter, the City Council may
remove any Commissioner for good cause. (Ord. 62-15, 9-21-2015)
15-2-13: POWERS:
The commission has the following powers, duties, and responsibilities:
A. To provide a leadership role in the planning, coordinating, and sponsoring of
a periodic community planning process;
B. To coordinate and supervise the preparation and maintenance of the
Comprehensive Plan;
C. To provide input to the City Manager in the preparation of the City Manager's
recommended multiyear Capital Improvement Program;
D. To make comprehensive studies of the present condition and the future growth
of the City to provide input into the community planning process and to guide
and accomplish a coordinated, consistent, and harmonious development in
accordance with the present and future needs thereof to the end that the
health, safety, morals, order, convenience, prosperity, and general welfare may
be promoted;
E. To make or cause to be made such surveys, studies, maps, plans, or charts of
the City with due regard to its relation to neighboring territory as may be
determined as necessary to carry out the purposes of the commission;
F. To recommend amendments to all or parts of the Comprehensive Plan in
response to the community planning process, upon its own initiative or upon
recommendation presented by the Zoning Advisory Commission, but only after
a public hearing;
G. To review proposed urban renewal plans and urban revitalization plans for
consistency with the Comprehensive Plan;
H. To undertake public information efforts to enhance public understanding of the
community planning process generally and the Comprehensive Plan
specifically; and
To undertake from time to time other specific long range planning projects
which may be referred to the commission by the City Council. (Ord. 41-17,
9-5-2017 )
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16-2-3
16-2-3
OWNER: One or more persons, including corporations, who
have title to the property, building or structure in
question.
PARCEL: A lot or a contiguous group of lots in single
ownership or under single control, which may be
considered as a unit for purposes of development.
PARK: Any public or private land available for recreational,
educational, cultural, or aesthetic use.
PARKING LOT, OFF- A hard -surfaced area not located in the public rights -
PREMISE: of -way, is designated for the parking of vehicles, and
which meets all of the following standards:
A. The off -premise parking lot shall be incidental
and subordinate to a permitted use and located on
a lot within three hundred feet (300') of the principal
use it serves;
B. The off -premise parking lot shall be owned and
maintained by the property owner of the principal
use it serves;
C. No vehicle or outside storage of any kind shall
be permitted in, or on, the off -premise parking lot;
and
D. A site plan shall be reviewed and approved prior
to the installation of an off -premise parking lot.
PARKING, OFF All hard surfaced areas other than public rights of
STREET: way for the purpose of parking vehicles.
PARKING, ON STREET: The space designated for parking a vehicle within
the paved portion of the street right of way.
PARKING SPACE: A paved area, other than a street or alley, designed
for the parking of a vehicle.
PARKING A structure or portion thereof composed of one or
STRUCTURE: more levels or floors used exclusively for the parking
of vehicles.
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16-2-3
PARKWAY: The area, excluding the sidewalk, if any, between
the property line and the curb, or in the absence of
a curb, between the property line and the nearest
edge of the street paving.
PERFORMANCE A financial guarantee to ensure that all
GUARANTEE: improvements, facilities, orwork required bythis title
will be completed in compliance with these
regulations as well as with approved plans and
specifications of a development.
PERMEABLE A hard surfaced pavement system with traditional
PAVEMENT: strength characteristics, but which allows rainfall to
percolate through it rather than running off. For
purposes of this title this does not include gravel,
cinders, crushed rock or seal coat.
PERMITTED USE: See definition of Use, Permitted.
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16-2-3
16-2-3
PERSON:
An individual, corporation, limited liability company,
government or governmental subdivision or agency,
business trust, estate, trust, partnership or
association, or any other legal entity.
PET DAYCARE:
An establishment where a household pet can be left
for a period of time less than twenty four (24) hours,
where kenneling does not occur.
PLANNED UNIT
A planning process and district for the purpose of
DEVELOPMENT (PUD):
providing for a unique and flexible arrangement of
residential, business, or industrial uses in
accordance with an approved conceptual plan.
PLAT:
A map showing the location, boundaries, and legal
description of individual properties prepared by a
licensed land surveyor.
PLAT OF SURVEY:
A graphical representation of a survey of one or
more parcels of land, including a complete and
accurate description of each parcel within the plat,
prepared by a licensed land surveyor.
POLICY:
A statement or document of the city, such as the
comprehensive plan, that forms the basis for
enacting legislation or making decisions.
PONY:
A small horse, especially one of any of several
breeds of very small stocky animals.
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16-2-3
16-2-3
YARD, REQUIRED: See definition of setback.
YARD, SIDE: The area between a principal building and an interior
property, and extending between the front yard and
rear yard. In the case of double frontage lots, side
yards shall extend between the front yards. In the
case of corner lots, yards remaining after front yards
have been established shall be considered side
yards.
YARD, SPECIAL: A required yard other than the required front yard so
oriented that neither the terms "side yard" nor "rear
yard" clearly apply. In such cases the City Planner
shall determine, based on topography, location,
orientation and pattern of adjacent structures and
development which yard requirement is more
appropriate.
ZONING DISTRICT: A section of the City in which zoning regulations and
standards are uniform.
ZONING MAP, Map delineating the boundaries of zoning districts
OFFICIAL: which, along with the zoning text, is officially adopted
by the Dubuque City Council and on file in the Office
of the Planning Services Department. (Ord. 52-09,
10-19-2009; amd. Ord. 48-10, 8-16-2010; Ord. 63-10,
12-20-2010; Ord. 48-14, 7-21-2014; Ord. 10-18,
3-19-2018; Ord. 19-20, 5-18-2020; Ord. 30-21,
9-20-2021; Ord. 49-23, 11-20-2023; Ord. 44-24,
7-15-2024)
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16-5-11-1 16-5-11-3
Residential use above the first floor only.
Retail sales and service.
School of private instruction. (Ord. 52-09, 10-19-2009; amd. Ord. 54-10,
9-20-2010; Ord. 17-13, 3-18-2013; Ord. 54-19, 12-16-2019; Ord. 30-21,
9-20-2021; Ord. 3-22, 1-18-2022; Ord. 49-23, 11-20-2023)
16-5-11-2: CONDITIONAL USES:
The following conditional uses may be permitted in the C-2 district, subject to the
provisions of section 16-8-5 of this title:
Animal hospital or clinic.
Car wash, self-service.
Licensed adult day services.
Passenger transfer facility.
Pet daycare or grooming.
Restaurant, drive-in or carryout.
Tattoo parlor.
Wind energy conversion systems. (Ord. 52-09, 10-19-2009; amd. Ord. 54-19,
12-16-2019)
16-5-11-3: ACCESSORY USES:
The following uses are permitted as accessory uses as provided in section 16-3-7
of this title:
Any use customarily incidental and subordinate to the principal use it serves.
Off -premise parking lot.
Wind turbine (building mounted). (Ord. 52-09, 10-19-2009; amd. Ord. 44-24,
7-15-2024)
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16-5-11-4
16-5-11-6
16-5-11-4: TEMPORARY USES:
Temporary uses shall be regulated in conformance with the provisions of section
16-3-19 of this title. (Ord. 52-09, 10-19-2009)
16-5-11-5: PARKING:
Minimum parking requirements shall be regulated in conformance with the
provisions of chapter 14 of this title, except for properties located within the Jackson
Park and Cathedral Historic Districts where off-street parking is not required. (Ord.
52-09, 10-19-2009; amd. Ord. 9-24, 4-15-2024)
16-5-11-6: SIGNS:
Signs shall be regulated in conformance with the provisions of chapter 15 of this
title. (Ord. 52-09, 10-19-2009)
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16-5-13-2 16-5-13-6
Licensed adult day services.
Outdoor recreation or outdoor amusement center.
Passenger transfer facility.
Wind energy conversion system. (Ord. 52-09, 10-19-2009; amd. Ord. 54-19,
12-16-2019)
16-5-13-3: ACCESSORY USES:
The following uses are permitted as accessory uses as provided in section 16-3-7
of this title:
Any use customarily incidental and subordinate to the principal use it serves.
Crematorium accessory to a mortuary or funeral home.
Off -premise parking lot.
Wind turbine (building mounted). (Ord. 52-09, 10-19-2009; amd. Ord. 44-24,
7-15-2024)
16-5-13-4: TEMPORARY USES:
Temporary uses shall be regulated in conformance with the provisions of section
16-3-19 of this title. (Ord. 52-09, 10-19-2009)
16-5-13-5: PARKING:
Minimum parking requirements shall be regulated in conformance with the
provisions of chapter 14 of this title, except for properties located within the Jackson
Park and Cathedral Historic Districts where off-street parking is not required. (Ord.
52-09, 10-19-2009; amd. Ord. 9-24, 4-15-2024)
16-5-13-6: SIGNS:
Signs shall be regulated in conformance with the provisions of chapter 15 of this
title. (Ord. 52-09, 10-19-2009)
October 2024
City of Dubuque
Page 795 of 1454
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Page 796 of 1454
16-8 16-8
0 :,
ZONING BOARD OF ADJUSTMENT APPLICATIONS
AND PROCEDURES
SECTION:
16-8-1:
Zoning Board Of Adjustment
16-8-2:
Reserved
16-8-3:
Reserved
16-8-4:
Appeal From Administrative Official
16-8-4-1: Authorization
16-8-4-2: Appeal Procedure
16-8-4-3: Effect Of Appeal
16-8-5: Conditional Use Permit Procedure
16-8-5-1: Generally
16-8-5-2: Application
16-8-5-3: Notice And Meeting Requirements
16-8-5-4: Standards For Granting Conditional Use Permit
16-8-5-5: Conditions And Restrictions On Conditional Use Permit
16-8-5-6: Decisions And Records
16-8-5-7: Period Of Validity; Expiration
16-8-5-8: Parking Regulations
16-8-5-9: Sign Regulations
16-8-5-10: List Of Conditional Uses
16-8-6: Variance Procedure
16-8-6-1: Application
16-8-6-2: Notice And Meeting Requirements
16-8-6-3: Requirements For Granting Of Variance
16-8-6-4: Conditions And Restrictions Attached To Granting Of Variance
16-8-6-5: Decisions And Records
16-8-7: Special Exceptions
16-8-7-1: Application
16-8-7-2: Notice And Meeting Requirements
16-8-7-3: Requirements For Granting Special Exception
16-8-7-4: Conditions And Restrictions Attached To Granting Special
Exception
16-8-7-5: Decisions And Records
16-8-8: Appeal From Board Decision
December 2015
City of'Dubuque
Page 797 of 1454
16-8-1 16-8-1
16-8-1: ZONING BOARD OF ADJUSTMENT:
A. Board Created: There is hereby created the zoning board of adjustment.
B. Purpose: The purpose of the board is to review applications regarding criteria
for granting of special exceptions, conditional use permits, or variances; to
decide citizens' appeals of orders, requirements, decisions, or determinations
made by planning services staff; and to hear cases given by applicants and
decide whether the request should be granted based on the criteria set forth in
the zoning ordinance.
C. Internal Organization And Rules: The board may adopt rules and regulations
to govern its organizational procedures as may be necessary and which are not
in conflict with this code or the Iowa Code.
D. Procedures For Operation: All administrative, personnel, accounting,
budgetary, and procurement policies of the city govern the board in all its
operations.
E. Membership:
1. The board comprises five (5) residents of the city, appointed by the city
council.
2. Two (2) members from the board must be selected by the c ity council as
cross representatives to the airport zoning board of adjustment.
3. A majority of the members of the board must be persons representing the
public at large and must not be involved in the business of purchasing or selling
real estate.
F. Oath: Each person, upon appointment to the board, must execute an oath of
office at the first meeting of the board following the appointment or at the city
clerk's office any time prior to the first meeting of the board.
G. Terms: The term of office for members of the board is five (5) years or until
such member's successor is appointed and qualified. The terms of the cross
representative appointees to the airport zoning board of adjustment must serve
a term on the airport zoning board of adjustment which coincides with their
terms on the zoning board of adjustment.
H. Vacancies: Vacancies must be filled in the same manner as original
appointments.
Officers/Organization: The board must choose annually a chairperson and vice
chairperson, each to serve a term of one year. The chairperson must appoint
a secretary, who need not be a member of the board. The board must fill a
vacancy among its officers for the remainder of the officer's unexpired term.
October 2024
City of Dubuque
Page 798 of 1454
16-8-1
16-8-1
Meetings:
1. Meetings: Meetings may be called by the chairperson or at the written
request of a majority of the members.
2. Open Meetings: All meetings must be called and held in conformance with
the Iowa open meetings law.
3. Attendance:
a. In the event a member of the board has been absent for three (3) or
more consecutive meetings of the board, without being excused by the
chairperson, such absence will be grounds for the board to recommend to the
city council that the position be declared vacant and a replacement appointed.
b. Attendance must be entered upon the minutes of all meetings.
4. Minutes: A copy of the minutes of all regular and special meetings of the
board must be filed with the city council within ten (10) working days after
approval by the board, or by the next regularly scheduled city council meeting,
whichever is later.
5. Quorum: The concurring vote of three (3) members of the board is
necessary to reverse any order, requirement, decision, or determination of any
such administrative official, or to decide in favor of the applicant on any matter
upon which it is required to pass under any such ordinance or to effect any
variation in such ordinance.
K. Compensation: Members serve without compensation, provided that they may
receive reimbursement for necessary travel and other expenses while on
official board business within the limits established in the city administrative
policies and budget.
Removal: The city council may remove any member for cause upon written
charges and after a public hearing.
M. Powers: The board has the following powers, duties, and responsibilities:
1. To hear and decide appeals where it is alleged there is error in any order,
requirement, decision, ordetermination made byan administrative official in the
enforcement of Iowa Code chapter 414, as such may be amended from time
to time, or any ordinance adopted pursuant thereto.
2. To hear and decide special exceptions to the terms of this code upon
which such board is required to pass under such ordinance, in accordance with
the general regulations of the zone in which the property is located and specific
standards contained herein.
October 2024
City of Dubuque
Page 799 of 1454
16-8-1
16-8-4-1
3. To hear and decide conditional use permits under the terms of this code
upon which such board is required to pass under such ordinance, in
accordance with the general regulations of the zone in which the property is
located and specific standards contained herein.
4. To authorize upon appeal in specific cases such variance from the terms
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 must be
observed and substantial justice done.
In exercising the above mentioned powers such board may, in conformity with
the provisions of this section, reverse or affirm, wholly or partly, or may modify
the order, requirement, decision, or determination appealed from and may
make such order requirement, decision, or determination as ought to be made,
and to that end shall have all the powers of the officer from whom the appeal
is taken. (Ord. 53-15, 8-17-2015; amd. Ord. 47-16, 9-19-2016; Ord. 41-24,
6-17-2024)
16-8-2: RESERVED:
(Ord. 69-15, 11-2-2015)
16-8-3: RESERVED:
(Ord. 69-15, 11-2-2015)
16-8-4: APPEAL FROM ADMINISTRATIVE OFFICIAL:
16-8-4-1: AUTHORIZATION:
Appeals may be made by any person aggrieved or any municipal officer,
department, board or bureau affected by any order, requirement, decision, or
determination made by an administrative official in the enforcement of this title.
(Ord. 52-09, 10-19-2009)
October 2024
City of Dubuque
Page 800 of 1454
16-8-4-2
16-8-5-2
16-8-4-2: APPEAL PROCEDURE:
Appeals may only be filed within thirty (30) days immediately following the date of
the administrative action which is the subject to the appeal. An appeal is filed by
delivering to the administrative office involved and to the board a completed notice
of appeal, together with the required fee. Official notice of appeal forms shall be
available without cost from the city planner. The notice of appeal must, in addition
to all other information required by the form, specify the particular grounds for the
appeal. The officer from whom the appeal is taken shall forthwith transmit to the
board all documents constituting the record upon which action appealed from was
taken. (Ord. 52-09, 10-19-2009)
16-8-4-3: EFFECT OF APPEAL:
An appeal stays all proceedings in accordance with Iowa Code section 414.11.
(Ord. 52-09, 10-19-2009)
16-8-5: CONDITIONAL USE PERMIT PROCEDURE:
16-8-5-1: GENERALLY:
The zoning board of adjustment may allow as conditional uses only those uses
classified as conditional uses in this title. 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 chapter 4 of this title, and the
board shall not act upon any conditional use permit application unless and until the
requirements for each conditional use within the specific district in which it is located
have been met. (Ord. 52-09, 10-19-2009)
16-8-5-2: APPLICATION:
A. Any person may file an application to use property for one of the conditional
uses permitted in the district in which the property is located. All applications
for a conditional use permit shall be made upon the official form for such
applications which shall be available from the planning services department.
October 2024
Citv of Dubuque
Page 801 of 1454
City of Dubuque
Page 802 of 1454
16-9-1 16-9-1
CHAPTER
ZONING ADVISORY COMMISSION APPLICATIONS AND PROCEDURES
SECTION:
16-9-1:
Zoning Advisory Commission
16-9-2:
General Powers
16-9-3:
Organization, Meetings
16-9-4:
Procedures Of Operation
16-9-5:
Zoning Reclassification
16-9-5-1:
Application Requirements
16-9-5-2:
Zoning Advisory Commission Action
16-9-5-3:
City Council Action
16-9-6:
Text Amendment Procedure
16-9-6-1:
Text Amendment
16-9-6-2:
Application Requirements
16-9-6-3:
Zoning Advisory Commission Action
16-9-6-4:
City Council Action
16-9-7:
Public Hearings
16-9-8:
Notice Of Zoning Advisory Commission Hearings
16-9-1: ZONING ADVISORY COMMISSION:
A. Commission Created: There is hereby created the zoning advisory commission.
B. Purpose: The purpose of the commission is to make recommendations to the
city council on applications for rezoning, subdivision plat approval, and text
amendments to the zoning ordinance; to receive input from applicants,
neighboring property owners, citizens, and city staff; to review applications in
terms of their impact on the neighborhood, community, environment, and the
city's utilities and transportation systems; and to forward to the city council the
commission's recommendations with the assistance of planning services staff.
C. Internal Organization And Rules: The commission may adopt rules and
regulations to govern its organizational procedures as may be necessary and
which are not in conflict with this code or the Iowa Code.
D. Procedures For Operation: All administrative, personnel, accounting,
budgetary, and procurement policies of the city govern the commission in all
its operations.
E. Membership:
1. Number Of Commissioners: The commission comprises seven (7)
residents of the city, appointed by the city council.
October 2024
City of Dubuque
Page 803 of 1454
16-9-1
16-9-1
2. Qualifications:
a. Members must be qualified by knowledge, experience, and ability to
act in matters pertaining to short range planning and zoning, none of whom
hold an elective position in the city.
b. Two (2) members of the zoning advisory commission must be selected
by the city council to serve on the airport zoning advisory commission.
F. Oath: Each person, upon appointment to the commission, must execute an
oath of office at the first meeting of the commission or at the city clerk's office
any time prior to the first meeting of the commission.
G. Terms: The term of office for commissioners is three (3) years or until such
commissioner's successor is appointed and qualified. The terms of the cross
representative appointees to the airport zoning advisory commission must
coincide with their terms on the Airport Zoning Advisory Commission.
H. Vacancies: Vacancies must be filled in the same manner as original
appointments.
Officers/Organization: The Commissioners must choose annually a
Chairperson and Vice Chairperson, each to serve a term of one year. The
Chairperson must appoint a Secretary, who need not be a member of the
commission. The Commissioners must fill a vacancy among its officers for the
remainder of the officer's unexpired term. (Ord. 43-15, 7-6-2015)
Meetings:
1. Meetings: Meetings may be called by the Chairperson or at the written
request of a majority of the Commissioners.
2. Open Meetings: All meetings must be called and held in conformance with
the Iowa Open Meetings Law.
3. Attendance:
a. In the event a Commissioner has been absent for three (3) or more
consecutive meetings of the commission, without being excused by the
Chairperson, such absence will be grounds for the commission to recommend
to the City Council that the position be declared vacant and a replacement
appointed.
b. Attendance must be entered upon the minutes of all meetings.
October 2024
City of Dubuque
Page 804 of 1454
16-9-1
16-9-1
4. Minutes: A copy of the minutes of all regular and special meetings of the
commission must be filed with the City Council within ten (10) working days
after approval by the commission, or by the next regularly scheduled City
Council meeting, whichever is later.
5. Quorum: Four (4) Commissioners constitute a quorum for the transaction
of business. The affirmative vote of a majority of the Commissioners present
and voting is necessary for the adoption of any motion or resolution.
K. Compensation: Commissioners serve without compensation, provided that they
may receive reimbursement for necessary travel and other expenses while on
official commission business within the limits established in the City
administrative policies budget.
L. Removal: The City Council may remove any Commissioner for gaDd cause
upon written charges and after a public hearing.
M. Powers: The commission has the following powers, duties, and responsibilities:
1. To prepare and recommend a zoning ordinance to exercise the powers
conferred by State law. Such zoning ordinance must include the boundaries of
the various zoning districts; the height, number of stories, and size of buildings
and other structures in each district; the percentage of ground that may be
occupied; setback requirements; the size of yards, courts, and other open
space; the density of population; the location and use of buildings, structures,
and land for trade, industry, commercial, residential, or other purposes; and
such regulations and restrictions necessary to enforce such zoning provisions.
To this end the commission must prepare a preliminary zoning ordinance and
hold public hearings thereon and after such hearings have been held, and
submit a final zoning ordinance and its recommendations to the City Council;
2. To recommend to the City Council, from time to time, as conditions require,
amendments, supplements, changes, or modifications to the zoning ordinance
but only after a public hearing;
3. To make such surveys, studies, maps, plans, or plats of the whole or any
portion of the City and of any land outside thereof, which in the opinion of the
commission are consistent with the comprehensive plan and are necessary to
carry out the purposes of the commission;
4. To make recommendations to the City Council upon plans, plats, or replats
of subdivisions or resubdivisions within the City which show streets, alleys, or
other portions of the same intended to be dedicated for public use;
5. To make recommendations to the Long Range Planning Advisory
Commission on the preparation and maintenance of the comprehensive plan;
October 2024
City ofDubugue
Page 805 of 1454
16-9-1 16-9-2
6. To fulfill those duties and responsibilities assigned to a City Planning
Commission in State law; and
7. To undertake from time to time other specific short range planning projects
which may be referred to it by the City Council.
N. Waiver From Site Design Standards: The commission has the power to grant
such waivers from the site design standards of this Code, as may be
reasonable and within the general purpose and intent of the site plan review
and approval provisions of this Code if the literal enforcement of one or more
provisions of this Code is impracticable or will exact an undue hardship
because of peculiar conditions pertaining to the land in question. The
affirmative vote of at least four (4) Commissioners shall be necessary to grant
a waiver. The waiver may be granted subject to such conditions as the
commission may establish to ensure the general purpose and intent of the
provisions of this Code are followed. At the commission meeting, the applicant
and all other interested parties must be presented a reasonable opportunity to
present their views. Decisions of the commission may be appealed to the
Zoning Board of Adjustment in the same manner as appeals from a decision
of an Administrative Officer. (Ord. 43-15, 7-6-2015; amd. Ord. 48-16,
9-19-2016; Ord. 2-19, 1-22-2019; Ord. 40-24, 6-17-2024)
16-9-2: GENERAL POWERS:
A. The Zoning Advisory Commission shall concern itself with short range physical
planning and shall have and possess the following powers, duties and
responsibilities:
1. To prepare and recommend a zoning ordinance by exercising the powers
conferred by State law. Such zoning ordinance shall include the boundaries of
the various zoning districts; the height, number of stories and size of buildings
and other structures in each district; the percentage of ground that may be
occupied; setback requirements; the size of yards, courts and other open
space; the density of population; the location and use of buildings, structures,
and land for trade, industry, commercial, residential or other purposes; and
such regulations and restrictions necessary to enforce such zoning provisions.
To this end the Zoning Advisory Commission shall prepare a preliminary zoning
ordinance and hold public hearings thereon and after such hearings have been
held, shall submit a final zoning ordinance and its recommendations to the City
Council.
2. To recommend to the City Council, from time to time, as conditions require,
amendments, supplements, changes or modifications to the zoning ordinance
but only after a public hearing.
October 2024
City of Dubuque
Page 806 of 1454
16-9-2
16-9-3
3. To make such surveys, studies, maps, plans or plats of the whole or any
portion of the City and of any land outside thereof, which in the opinion of the
Zoning Advisory Commission are consistent with the comprehensive plan and
are necessary to carry out the purposes of the commission.
4. To make recommendations to the City Council upon plans, plats or replats
of subdivisions or resubdivisions within the City which show streets, alleys or
other portions of the same intended to be dedicated for public use.
5. To make recommendations to the Long Range Planning Advisory
Commission on the preparation and maintenance of the comprehensive plan.
6. To fulfill those duties and responsibilities assigned to a City Planning
Commission in State law.
7. To undertake from time to time other specific short range planning projects
which may be referred to it by the City Council.
B. The City Council shall have the authority to establish or revise the priorities of
the commission. (Ord. 52-09, 10-19-2009)
16-9-3: ORGANIZATION, MEETINGS:
A. The Zoning Advisory Commission shall choose annually, at its first regular
meeting of the fiscal year, one of its members to act as Chairperson, and
another of its members to act as Vice Chairperson, to perform all of the duties
of the Chairperson during the Chairperson's absence or disability. The
commission shall adopt such rules and regulations governing its operation and
procedure as may be deemed necessary.
B. Meetings of the Zoning Advisory Commission shall be held the first Wednesday
of the month or at the call of the Chairperson and at such other times as the
commission may determine.
C. Members of the Zoning Advisory Commission shall attend at least two-thirds
(2/3) of all regularly scheduled meetings within any twelve (12) month period. If
any member fails to attend such prescribed number of meetings, such failure
shall constitute grounds for the commission to recommend to the City Council
that said member be replaced. Attendance of all members shall be entered on
the minutes.
October 2024
City of Dubuque
Page 807 of 1454
City of Dubuque
Page 808 of 1454
16-10-1
16-10-1
CHAPTER 10
HISTORIC PRESERVATION COMMISSION APPLICATIONS
AND PROCEDURES
SECTION:
16-10-1:
Historic Preservation Commission
16-10-2:
Definitions
16-10-3:
Identification And Designation Of Landmarks, Sites And Historic
Districts
16-10-4:
Designated Landmarks, Sites And Historic Districts
16-10-5:
Demolition Of Landmarks, Landmark Sites And Structures In
Historic Districts And Conservation Districts
16-10-6:
Alteration Of Landmarks, Historic Properties And Sites
16-10-7:
Standards For Design Review
16-10-8:
Conservation Districts
16-10-9:
Conservation Planning Areas
16-10-10:
Appeals From Commission Action
16-10-11:
Inspection
16-10-12:
Violations; Penalties
16-10-1: HISTORIC PRESERVATION COMMISSION:
A. Commission Created: There is hereby created the historic preservation
commission.
B. Purpose: The purpose of the commission is to:
1. Promote the educational, cultural, economic, and general welfare of the
public through the protection, enhancement, and perpetuation of districts,
individually designated historic properties, landmarks, and landmark sites of
prehistoric, historic, architectural, archaeological, and cultural significance;
2. Safeguard the city's prehistoric, historic, aesthetic, architectural,
archaeological and cultural heritage by preserving historic properties, districts,
landmarks, and landmark sites of historical, architectural, and cultural
significance;
3. Stabilize and improve property values;
4. Foster civil pride in the legacy of beauty and achievements of the past;
5. Protect and enhance the city's attractions to tourists and visitors and the
support and stimulus to business thereby provided;
October 2024
City ofDubugue
Page 809 of 1454
16-10-1 16-10-1
6. Strengthen the economy of the city; and
7. Promote the use of properties, districts, landmarks, and landmark sites of
prehistoric, historic, architectural, archaeological, and cultural significance as
sites for the education, pleasure, and welfare of the people of the city.
C. Internal Organization And Rules: The commission may adopt rules and
regulations to govern its organizational procedures as may be necessary and
which are not in conflict with this code or the Iowa Code.
D. Procedures For Operation: All administrative, personnel, accounting,
budgetary, and procurement policies of the city govern the commission in all
its operations.
E. Membership:
1. Number: The commission comprises nine (9) residents of the city,
appointed by the city council.
2. Special Qualifications:
a. One resident from each designated historic preservation district,
including historic districts hereinafter established.
b. Four (4) at large members.
c. Each member must possess qualifications evidencing expertise or
interest in architecture, history, archaeology, law, construction, building
rehabilitation, city planning, or conservation in general.
d. One member must be a licensed architect.
3. Compliance With Iowa Code: Membership on the commission must comply
with the provisions of Iowa Code section 303.34, subsection 3, relating to
establishment of a commission to deal with matters involving areas of historical
significance.
F. Oath: Each person, upon appointment to the commission, must execute an
oath of office at the first meeting of the commission following the appointment
or at the city clerk's office any time prior to the first meeting of the commission.
G. Terms: The term of office for a commissioner is three (3) years or until such
commissioner's successor is appointed and qualified.
October 2024
City of Dubuque
Page 810 of 1454
16-10-1
16-10-1
H. Vacancies: Vacancies must be filled in the same manner as original
appointments. In the event that a vacancy occurs in a seat which requires that
the appointee be a resident of a historic preservation district and for which
there is no application from a qualified resident, the city council must appoint
a tenth commissioner, which appointment is temporary, and upon appointment
of a qualified resident to the vacancy, the temporary appointment terminates.
Officers/Organization: The commissioners must elect from its membership a
chairperson and vice chairperson, whose terms of office are fixed by bylaws
adopted by the commission. The chairperson presides over the meetings of the
commission and has the right to vote. The vice chairperson, in cases of
absence or disability of the chairperson, may perform the duties of the
chairperson. The city manager must designate a city employee to serve as
secretary to the commission. The secretary must keep a record of all
resolutions, proceedings, and actions of the commission.
J. Meetings:
1. Regular Meetings: The commission must meet at least three (3) times in
a calendar year to maintain certified local government status.
2. Special Meetings: Special meetings may be called by the chairperson or
at the written request of a majority of the commissioners.
3. Open Meetings: All meetings must be called and held in conformance with
the Iowa open meetings law.
4. Attendance:
a. In the event a commissioner has been absent for three (3) or more
consecutive meetings of the commission, without being excused by the
chairperson, such absence will be grounds for the commission to recommend
to the city council that the position be declared vacant and a replacement
appointed.
b. Attendance must be entered upon the minutes of all meetings.
5. Minutes: A copy of the minutes of all regular and special meetings of the
commission must be filed with the city council within ten (10) working days after
approval by the commission, or by the next regularly scheduled city council
meeting, whichever is later.
6. Quorum: Five (5) commissioners constitute a quorum for the transaction
of business. The affirmative vote of a majority of the commissioners present
and voting is necessary for the adoption of any motion or resolution.
October 2024
City of Dubuque
Page 811 of 1454
16-10-1
16-10-1
K. Compensation: Commissioners serve without compensation, provided that they
may receive reimbursement for necessary travel and other expenses while on
official commission business within the limits established in the city
administrative policies and budget.
L. Removal: The city council may remove any commissioner for cause upon
written charges and after a public hearing.
M. Powers: The commission has the following powers, duties, and responsibilities:
1. To promote and conduct educational and interpretive programs on historic
properties within its jurisdiction.
2. To develop and adopt specific standards for review and design guidelines,
in addition to those set forth in section 16-10-4 of this chapter, for the alteration
of landmarks, landmark sites, individually designated historic properties and
property and structures within historic districts.
3. To adopt its own bylaws.
4. To identify, evaluate, register, manage and protect significant prehistoric
and historic archaeological sites.
5. To conduct an ongoing survey to identify historically, archaeologically and
architecturally significant properties, structures and areas that exemplify the
cultural, social, economic, political, archaeological or architectural history of the
nation, state or city.
6. To research and recommend to the city council the adoption of ordinances
designating areas as having historic, architectural, archaeological or cultural
value or significance as historic districts.
7. To research and recommend to the city council the adoption of ordinances
designating properties or structures having historic, architectural,
archaeological or cultural value or significance as landmarks or landmark sites.
8. To research and recommend to the city council the adoption of ordinances
designating properties as having historic, architectural, archaeological or
cultural value or significance as individually designated historic properties.
9. To research and recommend to the city council the adoption of ordinances
designating areas as having historic, architectural, archaeological or cultural
value as "conservation districts".
10. To research and recommend to the city council the adoption of ordinances
designating areas as having historic, architectural, archaeological or cultural
value as "conservation planning areas".
October 2024
City of Dubuque
Page 812 of 1454
16-10-1
16-10-2
11. To maintain a register of all properties and structures which have been
designated as landmarks, landmark sites or historic districts, including all
information required for each designation.
12. To assist and encourage the nomination of landmarks, landmark sites and
historic districts to the national register of historic places, and review and
comment at a public hearing on any national register nomination submitted to
the commission upon the request of the mayor, city council or the state historic
preservation office.
13. To confer recognition upon the owners of landmarks, individually
designated historic properties or of property or structures within historic
districts.
14. To review in progress or completed work to determine compliance with
specific certificates of appropriateness or certificates of economic nonviability.
15. To serve as an advisory design review body to the city council for review
of public works projects which have historic preservation implications in historic
districts, individually designated historic properties, or for alteration of
landmarks, landmark sites or structures, that would result in a material change
in appearance or be visible from the public way.
16. To serve as an advisory review body to the city council for the review of
public planning, design, construction, and maintenance needs in conservation
planning areas upon request from the city council. (Ord. 40-15, 6-1-2015; amd.
Ord. 31-24, 6-17-2024)
16-10-2: DEFINITIONS:
For the purpose of this chapter, the following words and phrases shall have the
meanings ascribed to them below:
ALTERATION: Any act or process which changes the exterior
architectural appearance or exterior feature of a
structure, site or area, including, but not limited to,
the erection, construction, reconstruction,
restoration, removal or demolition of any structure or
part thereof, excavation, or the addition of an
improvement.
October 2024
City of Dubuque
Page 813 of 1454
16-10-2
16-10-2
ARCHAEOLOGICAL A determination based on the following criteria:
SIGNIFICANCE:
October 2024
A. The site is associated with events that have made
a significant contribution to, and are identified with,
or that outstandingly represent, the broad cultural
patterns of U.S. history and from which an
understanding and appreciation of those patterns
may be gained; or
B. The site is associated importantly with the lives of
persons nationally significant in U.S. history; or
C. The site represents some great idea or ideal of
the American people; or
D. The site embodies the distinguishing
characteristics of an architectural type or specimen
exceptionally valuable for a study of a period, style
or method of construction, or that repre-
City of Dubuque
Page 814 of 1454
-B- -B-
BUILDING AND DEVELOPMENT
Building Codes................................................14-1
Accessibility Code For Readily Achievable Changes .............. 14-11
Building Code And Regulations ..............................
14-1A
Electrical Code ...........................................
14-1 D
Energy Conservation Code .................................
14-1 C
Fire Code And Regulations .................................
14-1 E
International Existing Building Code
International Existing Building Code Adopted ..............
14-1 K-1
International Existing Building Code Amendments ..........
14-1 K-2
Mechanical Code ......................................... 14-1F
Plumbing Code .......................................... 14-1 H
Property Maintenance Code .................................
14-1J
Residential Code .........................................
14-1B
Building Construction, Demolition And Moving ........................
14-2
Condominium Conversions And Transfers To Multiple Housing
Cooperative..................................................14-7
Dangerous Buildings............................................14-3
Erosion And Sediment Control ...................................
14-12
Exterior Storage Containers And Storage Trailers .....................
14-8
Flood Areas..................................................14-11
Historic Preservation ...........................................
16-10
Licensing Of Vacant And/Or Abandoned Buildings
Definitions ..............................................
14-4-1
Fees...................................................
14-4-4
Inspections ..............................................
14-4-6
Registration .............................................
14-4-3
Relationship Of License To Other Codes .....................
14-4-10
Renewal Licenses ........................................
14-4-7
Renewal, Penalty For Failure To Renew License ................
14-4-8
Revocation, Reinstatement Measures ........................
14-4-9
Terms Of Licenses ........................................
14-4-5
Vacant And/Or Abandoned Building License ...................
14-4-2
Signs.......................................................16-15
Solar Thermal Licenses ........................................
14-13
Solar Thermal System Permits And Inspections .....................
14-14
Swimming Pools ...............................................
14-9
Water.......................................................14-15
BUILDING CODE AND REGULATIONS
Building Code Advisory And Appeal Board .......................
14-1A-6
Demolition Permits In Conservation Districts ......................
14-1A-4
Exterior Security And Appearance Of Buildings ....................
14-1A-5
International Building Code Adopted ............................
14-1A-1
October 2024
Page 815 of 1454
-B- -B-
BUILDING CODE AND REGULATIONS (cont.)
International Building Code Amendments ........................ 14-1A-2
Permit Issuance Prohibited During Contemplation Or
Consideration Of Zoning Reclassification Or Zoning Or
Subdivision Text Amendments ................................ 14-1A-3
BUILDING CONSTRUCTION, DEMOLITION AND MOVING
Application For Permit .........................................
14-2-2
Fees.......................................................
14-2-5
Insurance Requirements .......................................
14-2-7
Moratorium For Construction Or Other Work On Certain
Streets, Areas Or Facilities ....................................
14-2-4
Permit Issuance; Generally .....................................
14-2-3
Permit Required .............................................
14-2-1
Special Provisions ............................................
14-2-6
Special Requirements .........................................
14-2-8
BURNING RESTRICTIONS .........................................
6-9-2
BUSINESS AND LICENSE REGULATIONS
Adult Entertainment Establishments .................................
4-8
Business Licenses Generally ......................................
4-1
Central Market And Other Farmers' Markets ..........................
4-4
Excursion Boat Admission Fees ....................................
4-3
Liquor Control ..................................................
4-2
Alcoholic Beverages .......................................
4-2A
Liquor, Beer And Wine Licenses And Permits ...................
4-213
Pawnbrokers And Secondhand Dealers; Junk And Auto
Salvage Dealers...............................................4-6
Junk Dealers And Auto Salvage Dealers .......................
4-613
Pawnbrokers And Secondhand Dealers ........................
4-6A
Vehicles For Hire And Public Transportation ..........................
4-7
Motorized Vehicles For Hire .................................
4-713
Nonmotorized Vehicles .....................................
4-7A
BUSINESS LICENSES GENERALLY
Application For License .........................................
4-1-2
Effect Of Chapter ..............................................
4-1-9
Issuance Of License ...........................................
4-1-3
License Required .............................................
4-1-1
License Suspension Or Revocation ...............................
4-1-8
Proration Of License Fee .......................................
4-1-5
Record Of Licenses ............................................
4-1-4
Refund Of Fee Prohibited; Exception ..............................
4-1-6
Transferability; Changes In Location ..............................
4-1-7
October 2019
City of Dubuque
Page 816 of 1454
-G- -H-
GAS FRANCHISE (cont.)
Franchise Fee ..............................................
11-4-23
Franchise Fee Overview ......................................
11-4-22
Grant Of Franchise ...........................................
11-4-2
Indemnification .............................................
11-4-15
Maps Of Distribution System ...................................
11-4-14
Material Breach; Termination ..................................
11-4-17
Nonassignment.............................................
11-4-16
Rates.....................................................
11-4-12
Regulatory Review ...........................................
11-4-8
Relocation Of Pipes, Conduit And Services; Public
Improvements ..............................................
11-4-5
Reports ...................................................
11-4-13
Reservation Of Home Rule Powers .............................
11-4-20
Reserved Regulatory Rights ....................................
11-4-9
Revival ....................................................
11-4-19
Severability................................................
11-4-18
Street Usage ................................................
11-4-3
Technological Changes; Energy Efficiency .......................
11-4-10
GAS MAIN CONNECTIONS (See Also PUBLIC UTILITIES) ................
13-3
GENERAL PENALTY, CITY CODE
Civil Penalty ..................................................
1-4-2
General Penalty ............................................... 1-4-1
(:
HAZARDOUS WASTE, SUBSTANCES AND CONDITIONS
Cleanup Required .............................................
6-7-3
Definitions...................................................
6-7-2
Liability For Cleanup Costs ......................................
6-7-4
Notification Of Hazardous Conditions ..............................
6-7-5
Penalty......................................................
6-7-7
Police Authority ...............................................
6-7-6
Purpose.....................................................
6-7-1
Separability Of Provisions .......................................
6-7-8
HEALTH AND SAFETY REGULATIONS
Tattooing, State Code Adopted ...................................
6-1-1
HEALTH, HOUSING, SANITATION AND ENVIRONMENT
Ambulances....................................................6-3
Fire Prevention Regulations .......................................
6-9
Food Establishments And Hotel Sanitation ...........................
6-2
Hazardous Waste, Substances And Conditions ........................
6-7
Health And Safety Regulations .....................................
6-1
Noises........................................................6-5
Nuisances.....................................................6-4
Trees And Weeds...............................................6-8
June 2023
City of Dubuque
Page 817 of 1454
-H-
-H-
HEARINGS AND APPEALS
Conduct Of Hearing ............................................ 2-1-5
Evidentiary Hearings By City Council ................................ 1-9
Form Of Notice Of Hearing ...................................... 2-1-3
General Provisions ............................................ 2-1-2
Method And Form Of Decision ................................... 2-1-6
Purpose And Intent ............................................ 2-1-1
Subpoenas .................................................. 2-1-4
October 2024
City of Dubuque
Page 818 of 1454
-H- -H-
HOME BASED BUSINESSES ...................................... 16-7-1
HOTEL AND MOTEL TAX
Definitions...................................................
3-3-1
Levy........................................................
3-3-2
Payment.....................................................
3-3-3
HOUSING AGENCY AND COMMUNITY DEVELOPMENT
COMMISSIONS
Community Development Advisory Commission
Commission Created ......................................
2-5C-1
Compensation ..........................................
2-5C-11
Grievance Procedure; Review Standards; Appeal
Process..............................................2-5C-14
Internal Organization And Rules .............................
2-5C-3
Meetings ...............................................
2-5C-10
Membership .............................................
2-5C-5
Oath...................................................2-5C-6
Officers/Organization......................................
2-5C-9
Powers................................................
2-5C-13
Procedures For Operation ..................................
2-5C-4
Procedures For Operations ................................
2-5C-15
Purpose................................................2-5C-2
Removal ...............................................
2-5C-12
Terms..................................................2-5C-7
Vacancies...............................................2-5C-8
Housing Commission
Commission Created ......................................
2-513-1
Compensation ..........................................
2-513-11
Internal Organization And Rules .............................
2-513-3
Meetings ...............................................
2-513-10
Membership .............................................
2-513-5
Monitor Housing Program; Conduct Hearings
On Grievances .........................................
2-513-15
Oath...................................................
2-513-6
Officers/Organization......................................
2-5B-9
Powers................................................
2-5B-13
Procedures For Operation ..................................
2-513-4
Project Approval .........................................
2-5B-14
October 2024
City of Dubuque
Page 819 of 1454
-H- -H-
HOUSING AGENCY AND COMMUNITY DEVELOPMENT
COMMISSIONS (cont.)
Purpose................................................ 2-513-2
Removal...............................................2-5B-12
Terms.................................................. 2-513-7
Vacancies ............................................... 2-513-8
Trust Fund Advisory Committee
Financial Management .................................... 2-5D-3
Funding................................................2-5D-5
Housing Trust Fund Advisory Committee ...................... 2-5D-6
Iowa Finance Authority State Housing Trust Fund Program ....... 2-5D-7
Purpose................................................2-5D-2
Trust Fund Administration .................................. 2-5D-4
Trust Fund Established .................................... 2-5D-1
HOUSING COMMISSION .......................................... 2-513
HUMAN RIGHTS; EQUITY AND (See EQUITY AND HUMAN RIGHTS)
October 2021
City of Dubuque
Page 820 of 1454