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Supplement No. 15 - Code of Ordinances - July, 2014STERLING CODIFIERS 14 Ml 3906 Schreiber Way Coeur d'Alene, ID 83815 (208) 665-7193 Citi C erKK's t #ic e DubuquO; iA INSTRUCTION SHEET:. DUBUQUE, Iowa Supplement No. 15/July, 2014 Includes Ordinances: 16-14 through 22-14, 25-14 through 29-14, 31-14, 32-14, 33-14, 35-14, 36-14, 37-14, and code change REMOVE PAGE HEADED VOLUME I Preface TABLE OF CONTENTS: Table'Of Contents, Title 1, Administration and following page TITLE 2: Title 2, Boards And Commissions 2-10-1, Chapter 10 Safe Community Advisory and following page TITLE "7: 7-5A-,1, Chapter 5, Article A. General Offenses 7-5A-17, 2. It -shall be unlawful for two TITLE 8: 8-4-6,embodying the termsof the conciliation and following page TITLE 9: 9-14-321.614, 9-14-321.614: Parking Vehicles and following two pages, 9-14-321.666, 15th.. Street, both sides, between 9-14-321.721, Block -Face:=Shall-refer. to all the. and following three pages 9-14-321.735, 9-14-321.735: Residential and following page TITLE 10: Title 10, Public Ways And Property 10-4-1, Chapter 4, Parades And Assemblies !; and following three pages INSERT NEW PAGE HEADED Preface Table Of Contents, Title 1; Administration and following page Title` 2, Boards And Commissions 2-10, Chapter 10, Safe Community Advisory 7-5A-1, Chapter 5, Article A. General Offenses 7-5A-17, 2. It shall be unlawful for two 8-4-6, embodying the terms of theconciliation and following page 9-14-321.614 9-14-321.614: Parking Vehicles and following, two pages 9-14732t666, 15th Street, both sides, between 9-14-321.721, Block Face: -Shall -refer to all -the and following three pages 9-14-321.735, 9-14-321.735: Residential and following page Title 1;0, Public Ways And 'Property 10-4-1 Chapter 4, -Parades, Assemblies And • and following fourpages, 10 8-1, Chapter 8, Valet Drop Off Parking • •and following page (insert immediately after Page..headed 10-7-13, water skis, surfboard or similar) "YIO VE, PAGEt HEADED VOLUME II TABLE OF4CIONTENTS: Table Of Contents, Title 1, Administration and following page TITLE 13' 13-1C-1, Chapter; 1, Article C.' Rates' and following page 13-2C-1, Chapter 2, Article C. Rates and following page 13-4-5, 13-4-5: SFU Rate, Charges;Utility. INSERT NEW PAGE HEADED 13-6A-4, D. Early Placement: All solid waste and following. page TITLE 16:. 16-10-1, Chapter 10, Historic Preservation 16-10-6, 16-10-6:', Identification And and following page 16-10-7, 7. Shot Tower: The property and following nine pages 16-11-1, Chapter 11, Land Subdivision 16-11-7, such other reasonable requirements INDEX: -A-, Alarm System Permits and following page - 0-, Offenses (cont.) and following eight pages - U-, Unified Development..., Special Exceptions and following page cont.) Table Of Contents, Title 1, Administration and; following page 13-1C-1, Chapter 1, Article C. Rates and following page 13-2C-1, Chapter 2, Article C. Rates and following page 13-4-5, 13-4-5: SFU Rate, Charges; Utility and following page 13-6A-4, D. °Early Placement: All solid waste and following page 16-10-1, Chapter 10, Historic Preservation 16-10-6, 16-10-6: Identification And and following page 16-10-7, 7. Shot Tower:, The and following ten pages 16-11-1, Chapter 11, Land Subdivision 16-11-7, such other reasonable requirements and following page property - A-, Alarm System Permits (cont.) and following page -0-, Offenses (cont,) and following eight pages - U-, Unified Development..., Special Exceptions and following page PREFACE This city code of the city of Dubuque, as supple- mented, contains ordinances up to and including ordinance 11-14, passed February 3, 2014. Ordi- nances of the city adopted after said ordinance supersede the provisions of this city code to the extent that they are in conflict or inconsistent therewith. Consult the city office in order to ascertain whether any particular provision of the code has been amended, superseded or repealed. Sterling Codifiers Coeur d'Alene, Idaho March 2014 City of Dubuque TABLE OF CONTENTS TITLE 1 Administration Dubuque City Code 1 Saving Clause 2 Definitions 3 General Penalty 4 Charter 5 Mayor And City Council 6 Rules And Procedure 6A City Officers And Employees 7 Elections, Precincts And Wards 8 Evidentiary Hearings By City Council 9 Miscellaneous Administrative Provisions 10 Emergency Succession During Disaster 11 TITLE 2 Boards And Commissions Hearings And Appeals 1 Civil Service Commission 2 Investment Oversight Advisory Commission 3 Civic Center Advisory Commission 4 Housing Agency And Community Development Commissions 5 Municipal Housing Agency And Governing Board (Rep. by Ord. 26-09, 6-1-2009) 5A Housing Commission 5B Community Development Advisory Commission 5C Trust Fund Advisory Committee 5D Environmental Stewardship Advisory Commission 6 Board Of Library Trustees 7 Arts And Cultural Affairs Advisory Commission 8 Sister City Relationships Advisory Commission 9 Safe Community Advisory Committee 10 Cable Television Commission 11 TITLE 3 Revenue And Taxation Property Tax 1 Revitalization Areas 2 Hotel And Motel Tax 3 Economic Development 4 Industrial Projects 4A Enterprise Zone Commission 4B Speculative Shell Buildings Of Community Development Organizations And For Profit Entities 4C Residential Relocation Assis- tance Program 4D TITLE 4 Business And License Regulations Business Licenses Generally 1 Liquor Control 2 Alcoholic Beverages 2A Liquor, Beer And Wine Licenses And Permits 2B Excursion Boat Admission Fees 3 Central Market 4 Solicitor's License 5 Pawnbrokers And Secondhand Dealers; Junk And Auto Salvage Dealers 6 Pawnbrokers And Second- hand Dealers 6A Junk Dealers And Auto Salvage Dealers 6B April 2013 City of Dubuque TITLE 4 (cont) Vehicles For Hire And Public Transportation 7 Nonmotorized Vehicles 7A Motorized Vehicles For Hire 7B Adult Entertainment Establish- ments TITLE 5 Transit System Transit Advisory Board; General Provisions TITLE 6 Health, Housing, Sanitation And Environment Drug Paraphernalia 5B Crime Property 5C Parental Responsibility 5D Social Host Responsibility 5E Animal Control 6 Miscellaneous Provisions 6A Dogs And Cats 6B 8 Rabies Control 6C Dangerous Animals 6D Potentially Vicious Dogs 6E Bicycles 7 1 Health And Safety Regulations 1 Food Establishments And Hotel Sanitation 2 Ambulances 3 Nuisances 4 Noises 5 Housing Regulations 6 Hazardous Waste, Substances And Conditions Trees And Weeds Fire Prevention Regulations TITLE 7 Police, Fire And Public Safety TITLE 8 Human Rights Definitions; General Provisions 1 Human Rights Commission 2 Unfair And Discriminatory Practices 3 Disability Discrimination 3A Enforcement Of Civil Rights 4 Fair Housing 5 TITLE 9 Motor Vehicles And Traffic General Provisions 1 7 Registration, Certification Of 8 Title, And Proof Of Security 9 Against Financial Liability Special Antitheft Law Drivers' Licenses Obedience To And Effect Of Traffic Laws 5 Powers Of Local Authorities 6 Operation 7 Pedestrians' Rights And Duties 8 Special Stops Required 9 Miscellaneous Rules 10 School Buses 11 Equipment 12 Size, Weight And Load 13 Police Department 1 Fire Department 2 Emergency Management 3 Alarm System Permits 4 Offenses 5 General Offenses 5A April 2013 2 3 4 City of Dubuque TITLE 9 (cont.) Parking 14 Impoundment OfVehicles 15 Miscellaneous City Provisions . . 16 TITLE 10 Public Ways And Property 8tneots, Sidewalks And Other Public Places Excavations Encroachments On Public Places Waste Collection Receptacles . Newsracks Projecting Signs Other Encroachments Sidewalk Cafes Mailboxes Parades And Assembhes Parks And Recreation Administration Use Regulations Specific Parks, Open Spaces And Trails Railroads Boota, Boating And Waterfront Structures 1 2 3 3A 3B 3C 3D 3E 3F 4 5 5A 5B 5C 6 TITLE 11 Rights Of Way Cable Regulatory Commission (Rep. by Ord. 5-12, 2-6-2012) 3C Rates And General Regulations 3D Cable Services Customer Service Standards 3E Gas Franchise 4 Electric Franchises 5 Interstate Power Company 5A Maquoketa Valley Electric Cooperative 5B Procedure For Licensing Electric Transmission Line Companies 6 TITLE 12 Airport Administration And Enforcement . General Regulations Airport Zoning Regulations TITLE 13 Public Utilities 1 2 3 7 Water Use And Service 1 Connections 1A Water Meters 1B Rates 10 Cross Connection Control 1O Sewers And Sewage Disposal . . . 2 Discharge Regulations 2A Private Disposal Systems; Private Haulers 2B Rates 2C Industrial Pretreatment Program 2D Gas Main Connections 3 Stormwater Management 4 Illicit Connections And Discharges To Storm Sewer System 5 Nonfranchised Communications Systems 1 Cable Right Of Way Regulations . 2 Cable Communications 2A Open Video Systems 2B Cable Television 3 Cable Franchise Agreement . 3A Community Teleprogramming Commission (Rep. by Ord. 5-12, 2-6-2012) 3B November 2013 City of Dubuque TITLE 13 (cont.) TITLE 15 Solid Waste 6 Planning And Zoning City {}rPrivate Collection Service 6A Comprehensive Plan 1 Long Range Planning Advisory Commission 2 TITLE 14 Building And Development Building Codes 1 Building Code And Regulations 1A Residential Code 1B Energy Conservation Code 1C Electrical Code 1O Fire Code And Regulations 1E Mechanical Code 1F FueI Gas Code 1G Plumbing Code 1H Accessibility Code For Readily Achievable Changes 11 Building Conetnuctinn, Demoli- tion And Moving 2 Dangerous Buildings 3 Licensing Of Vacant And/Or Abandoned Buildings 4 Historic Buildings 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 November 2013 TITLE 16 Unified Development Code PART 1. GENERAL PROVISIONS Titla, 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 Zoning Board Of Adjustment Applications And Procedures . 8 Zoning Advisory Commission Applications And Procedures . . . . 9 Historic Preservation Commission Applications And Procedures ... 10 PART III. LAND DEVELOPMENT REGULATIONS Land Subdivision 11 Site Plans 12 Site Design Standards 13 Parking 14 Signs 15 INDEX City of Dubuque TITLE 2 BOARDS AND COMMISSIONS Subject Chapter Hearings And Appeals 1 Civil Service Commission 2 Investment Oversight Advisory Commission 3 Civic Center Advisory Commission 4 Housing Agency And Community Development Commissions 5 Municipal Housing Agency And Governing Board (Rep. by Ord. 20'09. 8'1-2009) 5A Housing Commission 5B Community Development Advisory Commission 5C Trust Fund Advisory Committee 5D Environmental Stewardship Advisory Commission 6 Board Of Library Trustees 7 Arts And Cultural Affairs Advisory Commission 8 Sister City Relationships Advisory Commission . 9 Safe Community Advisory Committee 10 Cable Television Commission 11 April 2012 City ofDubuque 2-10-1 2-10-4 SECTION: 2-10- 1: 2-10- 2: 2-10- 3: 2-10- 4: 2-10- 5: 2-10- 6: 2-10- 7: 2-10- 8: 2-10- 9: 2-10-10: 2-10-11: 2-10-12: 2-10-13: CHAPTER 10 SAFE COMMUNITY ADVISORY COMMITTEE Committee Created Mission Internal Organization And Rules Procedures For Operation Membership Terms Vacancies Officers/Organization Meetings Compensation Removal Powers Sunset Of Safe Community Advisory Committee 2-10-1: COMMITTEE CREATED: There is hereby created the safe community advisory committee to have such powers and res- ponsibilities as hereinafter provided. (Ord. 55-10, 10-4-2010) 2-10-2: MISSION: The mission of the committee shall be to monitor the implementation and progress of the safe community task force recommendations. (Ord. 55-10, 10-4-2010) 2-10-3: 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 state code. (Ord. 55-10, 10-4-2010) 2-10-4: PROCEDURES FOR OPERATION: All administrative, person- nel, accounting, budgetary, and procurement policies of the city shall govern the committee in all its operations. (Ord. 55-10, 10-4-2010) April 2013 City of Dubuque 2-10-5 2-10-9 2-10-5: MEMBERSHIP: The safe community advisory committee shall consist of nine (9) residents of the city of Dubuque, appointed by the city council. (Ord. 55-10, 10-4-2010) 2-10-6: TERMS: The term of office for members of the safe commu- nity advisory committee ends on December 31, 2013. (Ord. 65-12, 12-17-2012) 2-10-7: VACANCIES: Vacancies caused by death, resignation, or otherwise shall be promptly filled by the city council for the unexpired term of office. (Ord. 55-10, 10-4-2010) 2-10-8: OFFICERS/ORGANIZATION: The committee shall choose annually, from its own membership, a chairperson and vice chairperson. The chairperson shall appoint a secretary, who need not be a member of the committee. The committee shall fill vacancies among its offi- cers for the remainder of the unexpired term. (Ord. 55-10, 10-4-2010) 2-10-9: MEETINGS: A. Regular Meetings: The safe community advisory committee shall meet quarterly. B. Special Meetings: Special meetings may be called by the chair- person or at the written request of three (3) members. C. Open Meetings: All meetings shall be called and held in confor- mance with the Iowa open meetings law. D. Attendance: 1. In the event a member of the safe community advisory committee, created by this chapter, has been absent for two (2) or more consecutive meetings of the committee, without being excused by the chairperson, it shall be grounds for the committee to recommend to the city council that the position be declared vacant and a replacement appointed. 2. Attendance shall be entered upon the minutes of all meetings. April 2013 City of Dubuque 2-10-9 2-10-13 E. Minutes: A copy of the minutes of all regular and special meetings of the committee shall be filed with the city council within ten (10) working days after each meeting. F. Quorum: Five (5) members of the committee shall constitute a quorum for the transaction of business. The affirmative vote of at least five (5) members shall be necessary for the adoption of any resolution. (Ord. 55-10, 10-4-2010) 2-10-10: COMPENSATION: The members of the safe community advisory committee created by this chapter shall serve with- out compensation, provided that they may receive reimbursement for necessary travel and other expenses while on official committee business and such shall be within the limits established in the city budget. (Ord. 55-10, 10-4-2010) 2-10-11: REMOVAL: The city council may remove any member of any board or committee which it has established. (Ord. 55-10, 10-4-2010) 2-10-12: POWERS: The safe community advisory committee shall have the following powers, duties, and responsibilities: A. Monitor the implementation and progress of the safe community task force recommendations. B. Serve as conduit for information to the city manager. C. Provide reports to the city council as needed. D. Research and tasks as assigned by the city council. (Ord. 55-10, 10-4-2010) 2-10-13: SUNSET OF SAFE COMMUNITY ADVISORY COMMITTEE: The safe community advisory committee will cease to exist on December 31, 2013. (Ord. 65-12, 12-17-2012) April 2013 City of Dubuque 7-5A-1 7-5A-1 SECTION: 7-5A- 1: 7-5A- 2: 7-5A- 3: 7-5A- 4: 7-5A- 5: 7-5A- 6: 7-5A- 7: 7-5A- 8: 7-5A- 9: 7-5A-10: 7-5A-1 1: 7-5A-1 2: 7-5A-1 3: 7-5A-14: 7-5A-1 5: 7-5A-1 6: 7-5A-1 7: CHAPTER 5 OFFENSES ARTICLE A. GENERAL OFFENSES Disorderly Conduct Offenses Relating To Officers And Employees False And Fraudulent Reports False Representation Of Records Or Processes Advertising Materials; Billposting; Littering Defacing Notices Loitering For Illegal Purposes Ringing Of Bells Or Gongs Public Urination Or Defecation Weapons, Firearms And Fireworks Unauthorized Computer Access Criminal Mischief Professional Boxing Elimination Tournaments Underage Persons Entering Gambling Facilities Tobacco Products To Underage Persons Hunting And Target Practice Permitted Aggressive Panhandling Prohibited 7-5A-1: DISORDERLY CONDUCT: It shall be unlawful for any person to do any of the following: A. Fighting: Engage in fighting or violent behavior or invite or defy another person to fight; provided, that participants in athletic contests may engage in such conduct which is reasonably related to that sport. B. Noise, Disturbance: Make unusually loud or excessive noise which results in the disturbance of the peace and the public quiet of a neighborhood. June 2010 City of Dubuque 7-5A-1 7-5A-2 C. Noise, Breach Of The Peace: Wilfully permit upon any premises owned, occupied, possessed or controlled by such person any unusually loud or excessive noise in such a manner calculated to provoke a breach of the peace of others, or the public quiet of the neighborhood. D. Abusive Language: Direct abusive language or make any threatening gesture which the person knows or reasonably should know is likely to provoke a violent reaction by another. E. Disturbing Lawful Assembly: Without lawful authority or order of authority, disturb any lawful assembly or meeting of persons by conduct intended to disrupt the meeting or assembly. F. Disrespect To Flag: Publicly use or display the flag of the United States in such a manner as to show disrespect for the flag as a symbol of the United States. G. Obstructing Streets: Without authority, obstruct any street, sidewalk, highway or other public way. H. Soliciting Contributions, Peddling On Roadways: Without authority, solicit contributions, distribute literature, or otherwise peddle or sell goods and services within the traveled portion of any roadway. (2007 Code § 33-1) 7-5A-2: OFFENSES RELATING TO OFFICERS AND EMPLOYEES: A. Harassment Of City Employees: 1. It shall be unlawful for any person to wilfully prevent, resist or obstruct or attempt to prevent, resist or obstruct any city employee from the performance of any official duty. 2. It shall be unlawful for any person to communicate by any means, any threat of bodily or property harm to any police officer, member of the fire department or other city employee or to any member of their family during the course of, or as a result of, the performance of any official duty by said police officer, member of the fire department or city employee in which the police officer, member of the fire depart- ment, or city employee is identified as such. (2007 Code § 33-3) June 2010 City of Dubuque 7-5A-17 7-5A-17 AUTOMATED TELLER MACHINE: 2. Blocking the path of travel of the person being solicited; 3. Blocking the entry or exit of a person being solicited to any vehicle or building; 4. Continuing to solicit or request a donation from a person after that person has refused an earlier request verbally or has ignored the request; 5. Following or remaining alongside a person who, after being solicited, walks away from the person panhandling and doing the same in a manner that would cause a reasonably prudent person to feel threatened, intimidated, or fearful; 6. Making any statement, gesture, or other communication that would cause a reasonably prudent person to feel threatened, intimidated, or fearful; 7. Soliciting a person who is in a situation in which it would be obvious to a reasonably prudent person that the person being solicited would not feel free to immediately walk away, and shall include, but is not limited to, soliciting the person at any bus stop, in any public trans- portation vehicle, in a line waiting for service or admission, or dining at an outdoor service area; 8. Soliciting a person within fifty feet (50') of an automatic teller machine or an entrance to a bank or similar institution; 9. Behavior which would deter a reasonably prudent person from passing through or remain- ing in or near any thoroughfare, or public place because of fear, concern, or apprehension caused by such behavior. A device, linked to a financial institution's account records, which is able to carry out transactions, including, but not limited to, City of Dubuque November 2013 7-5A-17 7-5A-17 account transfers, deposits, cash withdrawals, balance inquiries, and mortgage and loan payments. INTIMIDATION: Conduct which repeatedly interferes with the free passage of other persons in or into public places or which demonstrates an attempt to dis- courage the free passage of other persons in or into public places. PANHANDLING: Any request for or solicitation of an immediate donation of money, and includes a request or solicitation to purchase an item for an amount far exceeding its value and circumstances where a reasonably prudent person would understand that the purchase is in substance a donation. Panhandling shall not include the act of passively standing, sitting, or engaging in a musical performance or other street perform- ance with a sign or other indication that dona- tions are being sought without any verbal request for a donation other than in response to an inquiry by another person. PUBLIC PLACE: Any area generally visible to public view and includes streets, rights of way, sidewalks, bridges, alleys, plazas, parks, driveways, park- ing lots, communication facilities, transportation facilities, and buildings open to the general public including those which serve food or drink or provide entertainment, and the doorways, entrances, or other openings in buildings or dwellings and the grounds enclosing them. THREATS: C. Prohibited Acts: Statements, gestures, or other forms of commu- nication which a reasonably prudent person would perceive as intending to result in the procurement of money or goods by intimidation or coercion. 1. It shall be unlawful for any person, either individually or as part of a group, to engage in aggressive panhandling in any public place. November 2013 City of Dubuque 8-4-6 8-4-7 embodying the terms of the conciliation agreement. Violation of such a consent decree may be punished by contempt by the court in which it is filed upon a showing by the commission of the violation at any time within six (6) months of its occurrence. In all cases where a conciliation agreement is entered into, the commission shall issue an order stating its terms and furnish a copy of the order to the complainant, the respondent, and such other persons as the com- mission deems proper. 2. At any time, in its discretion, the commission may investigate whether the terms of the agreement are being complied with by the respondent. Upon a finding that the terms of the conciliation agreement are not being complied with by the respondent, the commission shall take appropriate action to assure compliance. (Ord. 18-09, 4-6-2009) 8-4-7: RELEASE FROM ADMINISTRATIVE PROCESS; ALTERNA- TIVE JUDICIAL PROCEEDINGS UPON COMPLAINTS: A. Conditions For Release: A person claiming to be aggrieved by an unfair or discriminatory practice must initially seek an administrative relief by filing a complaint with the commission in accordance with section 8-4-1 of this chapter. A complainant, after the proper filing of a complaint with the commission, may subsequently commence an action for relief in the district court if all of the following conditions have been satisfied: 1. The complainant has timely filed the complaint with the commis- sion as provided in section 8-4-3 of this chapter. 2. The complaint has been on file with the commission at least sixty (60) days and the commission has issued a release to the complain- ant pursuant to subsection B of this section. B. Requirements For Issuance Of Release: 1. Upon a request by the complainant and after the expiration of sixty (60) days from the timely filing of a complaint with the commission, the commission shall issue to the complainant a release stating that the complainant has a right to commence an action in the district court. A release under this subsection shall not be issued if a finding of no probable cause has been made on the complaint by the administrative law judge charged with the duty under section 8-4-4 of this chapter, or a conciliation agreement has been executed, City of Dubuque 8-4-7 8-4-8 or the commission has served notice of hearing upon the respon- dent, or the complaint is closed as an administrative closure and two (2) years have elapsed since the issuance date of the closure. 2. Notwithstanding section 8-2-11 of this title, a party may obtain a copy of all documents contained in a case file where the commission has issued a release to the complainant pursuant to this subsection. C. Failure To Timely Seek Judicial Relief After Release; Release As Bar To Further Administrative Action On Complaint: An action authorized under this section is barred unless commenced within ninety (90) days after issuance by the commission of a release under subsection B of this section. If a complainant obtains a release from the commission under subsection B of this section, the commission shall be barred from further action on that complaint. D. Venue For Court Action On Complaint: Venue for an action under this section shall be in Dubuque County. E. Remedies In Judicial Proceedings; Attorney Fees And Costs: The district court may grant any relief under this section which is authorized by section 8-4-6 of this chapter to be issued by the commission. The district court may also award the respondent reasonable attorney fees and court costs when the court finds that the complainant's action was frivolous. F. Screening Of Complaint: It is the legislative intent of this section that every complaint be at least preliminarily screened during the first sixty (60) days. This subsection does not authorize administrative closures if an investigation is warranted. (Ord. 18-09, 4-6-2009) 8-4-8: PROVISIONAL REMEDIES: If, any time after the filing of a complaint, it shall appear to the commission that there is reason to believe that the party charged has violated this chapter and there is reason to believe that the person charged is about to commit acts which would make impossible compliance with an order of the commission to alleviate the grievance, or it appears that a complainant may suffer irreparable injury as a result of alleged violation, the commission's attorney may seek a temporary injunction restraining the party charged from doing these acts pending completion of the proceedings under this chapter. A temporary injunction may be issued only after the respondent has been notified and afforded the opportunity to be heard, except that an ex parte temporary injunction may be issued when the complainant alleges housing discrimination. (Ord. 18-09, 4-6-2009) City of Dubuque 8-4-9 8-4-9 8-4-9: JUDICIAL REVIEW; ENFORCEMENT ACTIONS: A. Filing Petition For Judicial Review: Judicial review of the actions of the commission may be sought in accordance with the terms of the Iowa administrative procedure act'. Notwithstanding the terms of such act, petition for judicial review may be filed in the district court in which an enforcement proceeding under subsection B of this section may be brought. For purposes of the time limit for filing a petition for judicial review under the Iowa administrative procedure act, the issuance of a final decision of the commission under this chapter occurs on the date notice of the decision is mailed by regular mail to the parties. Notwithstanding the time limit provided in section 17A.19, subsection 3 of the code of Iowa, a petition for judicial review of no probable cause decisions and other final agency actions which are not of general applicability must be filed within thirty (30) days of the issuance of the final agency action. B. Order For Enforcement: The commission may obtain an order for the enforcement of commission orders in a proceeding as provided in this section. Such an enforcement proceeding shall be brought in the district court of the district in the county in which the alleged discriminatory or unfair practice which is the subject of the commission's order was committed, or in which any respondent required in the order to cease or desist from a discriminatory or unfair practice or take other affirmative action, resides or transacts business. C. Transcript Of Record Of Hearing Filed With Court: Such an enforce- ment proceeding shall be initiated by the filing of a petition in such court and the service of a copy thereof upon the respondent. There- upon, the commission shall file with the court a transcript of the record of the hearing before it. The court shall have power to grant such temporary relief or restraining order as it deems just and proper, and to make and enter upon the pleadings, testimony, and proceedings set forth in such transcript an order enforcing, modifying, and enforcing as so modified, or setting aside the order of the commission, in whole or in part. D. Consideration Of Objection: An objection that has not been urged before the commission shall not be considered by the court in an enforcement proceeding unless the failure or neglect to urge such objection shall be excused because of extraordinary circumstances. 1. IC ch. 17A. City of Dubuque 8-4-9 8-4-10 E. Remission Of Case To Commission: Any party to the enforcement proceeding may move the court to remit the case to the commission in the interests of justice for the purposes of adducing additional specified and material evidence and seeking findings thereof, provided such party shall show reasonable grounds for the failure to adduce such evidence before the commission. F. Determination Under State Statute: In the enforcement proceeding, the court shall determine its order on the same basis as it would in a proceeding reviewing commission action under section 17A.19 of the code of Iowa. G. Availability Of Testimony: The commission's copy of the testimony shall be available to all parties for examination at all reasonable times, without cost, and for the purpose of judicial review of the commission's orders. H. Commission Attorney Appearance In Court: The commission may appear in court by its own attorney. Expeditious Hearing On Petitions: Petitions filed under this section shall be heard expeditiously and determined upon the transcript filed without requirement for hearing. J. Failure To Obtain Judicial Review: If no proceeding to obtain judicial review is instituted within thirty (30) days from the service of an order of the commission under section 8-4-6 of this chapter, the commission may obtain an order of the court for the enforcement of such order upon showing that respondent is subject to the jurisdic- tion of the commission and resides or transacts business within the county in which the petition for enforcement is brought. (Ord. 18-09, 4-6-2009) 8-4-10: RULE OF CONSTRUCTION: This chapter shall be construed liberally to effectuate its purpose. (Ord. 18-09, 4-6-2009) City of Dubuque 9-14-321.614 9-14-321.617 9-14-321.614: PARKING VEHICLES FOR PURPOSES OF SALE OR STORAGE PROHIBITED; SPECIAL PERMITS AUTHOR- IZED: A. No person shall park or permit to be parked any vehicle upon the streets or alleys merely for the purpose of displaying it for sale or storing it while not in use. B. The city manager may issue to any person a special permit to park a vehicle on such streets or portions thereof designated for such from time to time only for the purpose of selling produce upon the public market and upon such conditions as the city manager shall prescribe. Such permit shall be either in the possession of the operator or on the vehicle at the time the vehicle is so parked. It shall be unlawful to violate any of the special terms or conditions thereof. (Ord. 44-08, 6-16-2008) 9-14-321.615: PARKING OF ADVERTISING VEHICLES: No person shall park any vehicle upon the streets which, by loudspeakers or mechanical devices, is used to advertise events or the sale of goods, wares, or merchandise. (Ord. 44-08, 6-16-2008) 9-14-321.616: RESERVED SERVICE VEHICLE PARKING: A. Generally: When appropriate signs have been erected, a space not to exceed eighty feet (80') is hereby set aside adjacent to the municipal auditorium for the parking of vehicles engaged in loading, unloading, or actually servicing the facility. It shall be unlawful for the operator of any vehicle to stop, stand, or park within such space unless and until an appropriate service vehicle emblem has been obtained from the manager of the said facility and is prominently displayed from the interior of said vehicle. B. Service Vehicle Emblems: Service vehicle emblems of appropriate design shall be supplied to the facility by the city manager. (Ord. 44-08, 6-16-2008) 9-14-321.617: RESERVED PARKING FOR CITY EMPLOYEES: A. When appropriate signs have been posted, spaces to accommodate vehicles are hereby set aside for the parking of vehicles by city employees. City of Dubuque 9-14-321.617 9-14-321.621 B. It shall be unlawful for the operator of any vehicle to stop, stand, or park within such space unless such person is a city employee. (Ord. 44-08, 6-16-2008) 9-14-321.618: PARKING IN ALLEYS: Unless actually engaged in taking on or discharging persons, goods, or merchandise, no person shall stop or park a vehicle in the alleys or portions of alleys designated as alleys from time to time when parking or stopping is prohibited. All vehicles stopped or parked in any of said alleys for the purpose of taking on or discharging persons, goods, or merchandise shall have a qualified operator in attendance at all times being subject to movement upon request of a police or fire officer. The provisions of this section shall not apply to vehicles standing or parked in compliance with the directions of a police officer or a traffic control device. (Ord. 44-08, 6-16-2008) 9-14-321.619: RESERVED LAW ENFORCEMENT VEHICLE PARKING: A. When appropriate signs have been posted, the following areas are hereby set aside for the parking of law enforcement vehicles: That area located on the easterly side of Iowa Street between the law enforcement center driveway and the south right of way line of 8th Street. B. It shall be unlawful for the operator of any vehicle to stop, stand, or park within such area unless such vehicle is clearly identified and marked as a vehicle assigned to law enforcement activities. (Ord. 44-08, 6-16-2008) 9-14-321.620: PARKING ON PRIVATE PROPERTY WITHOUT CONSENT OF OWNER: No person shall drive, stop, stand, or park a vehicle onto or upon privately owned property, or an area developed as a private off street parking facility, without the consent of the owner, lessee, or person in charge of such privately owned property or facility. (Ord. 44-08, 6-16-2008) 9-14-321.621: PARKING VIOLATIONS; FINES: A. The owner or operator of any vehicle who shall receive notice, either personally or by the attaching of such notice to said vehicle, that City of Dubuque 9-14-321.621 9-14-321.621 said vehicle is parked in such manner, in such a place or for such a time as to violate the provisions of this chapter relating to the parking of vehicles, shall pay to the city treasurer as a penalty for such violation the following sum: 1. Except as provided in subsection A2, A3, A4, or A5 of this section, any violation of this chapter, an initial fine of fifteen dollars ($15.00) if paid within thirty (30) calendar days of the date of the violation. If payment is not made within such thirty (30) calendar days, said fine shall be twenty dollars ($20.00). (Ord. 74-08, 11-3-2008) 2. Disabled parking violations, a fine of two hundred dollars ($200.00). (Ord. 11-11, 2-7-2011) 3. Expired parking meter violations, an initial fine of seven dollars ($7.00) if paid within thirty (30) calendar days of the date of the violation. If payment is not made within such thirty (30) calendar days, said fine shall be twelve dollars ($12.00). 4. Parking in violation of any designated fire lane, a fine of fifty dollars ($50.00). (Ord. 74-08, 11-3-2008) 5. Parking in violation of snow route restrictions, a fine of thirty dollars ($30.00) if paid within thirty (30) calendar days of the date of the violation. If payment is not made within such thirty (30) calendar days, said fine shall be thirty five dollars ($35.00). The first snow route restriction violation of each winter season for a vehicle shall be voided if the owner of the vehicle registers their contact information with the police department. (Ord. 52-08, 7-21-2008; amd. Ord. 74-08, 11-3-2008) B. Payment of the above fine by mail to the city treasurer shall be deemed paid as of the date of the postmark on the envelope thereof. C. For purposes of this section, a ticket shall become delinquent if not paid within seven (7) calendar days from the date of issuance. (Ord. 74-08, 11-3-2008) D. For purposes of this section, the city manager may waive a parking violation fine for emergency responders including, but not limited to, firefighters, law enforcement officers, emergency medical service personnel, emergency communications personnel, auxiliary police, and other personnel having emergency response duties for a viola- tion received during an emergency response event or service to the city. (Ord. 50-12, 9-17-2012) November 2012 City of Dubuque 9-14-321.622 9-14-321.625 9-14-321.622: PARKING VIOLATIONS; POSTING BOND: All persons receiving such notice of violation and deeming themselves not guilty of such offense, or desiring to appear and defend against the same, shall within seven (7) calendar days appear at the police department and promise to appear in the district court of Dubuque County, Iowa, for trial. (Ord. 44-08, 6-16-2008) 9-14-321.623: PARKING VIOLATIONS; EFFECT OF SPECIFIC SEC- TIONS: The provisions of sections 9-14-321.621 and 9-14-321.622 of this chapter shall not in any manner affect the penalty pro- visions of any other ordinance, or part of ordinance, relating to the parking of vehicles upon the streets, avenues, alleys, or public places within the city, but shall be cumulative of all other ordinances on the subject and for the purpose of providing a more convenient and economical method of handling such violations. (Ord. 44-08, 6-16-2008) 9-14-321.624: PARKING VIOLATIONS; REMOVAL OF CERTAIN VEHI- CLES AUTHORIZED; PREREQUISITES TO RELEASE: A. Whenever a vehicle is found stopped or parked in violation of any state law or city ordinance, or in such manner as to cause a danger- ous condition to exist, or whenever the owner or operator of a vehicle has failed to report or heed a notice to appear before the proper magistrate, any police officer may remove such vehicle from a street or alley to a place of safekeeping. B. If such vehicle must be serviced or towed, the fee, together with any other necessary expense incurred in such removal, shall be assessed against the vehicle and shall be paid before it is released. (Ord. 44-08, 6-16-2008) 9-14-321.625: PARKING VIOLATIONS; EVIDENTIARY EFFECT OF REGISTRATION PLATES: In any proceedings for violation of the parking provisions of this title, the registration plates displayed on such motor vehicle involved in such violation shall constitute prima facie evidence that the owner of such motor vehicle was the person who parked or placed such motor vehicle at the point where such violation occurred. (Ord. 44-08, 6-16-2008) November 2012 City of Dubuque 9-14-321.626 9-14-321.626 9-14-321.626: RESERVED FIRE DEPARTMENT PARKING: A. When appropriate signs have been posted, that area located on the north side of 9th Street between Central Avenue and the driveway to fire headquarters is set aside for the parking of fire department vehicles. B. When appropriate signs have been posted, that area located on the west side of Central Avenue between 9th Street and the entrance to the parking ramp at 975 Central Avenue is set aside for the parking of fire department vehicles at all times. November 2012 City of Dubuque 9-14-321.666 9-14-321.666 15th Street, both sides, between White Street and the alley east of Iowa Street. 15th Street, south side, between Iowa Street and the alley west of Central Avenue. 16th Street, both sides, between the alley east of Central Avenue and the alley west of Central Avenue. 17th Street, south side, between the alley east of Central Avenue and the alley west of Central Avenue. 18th Street, south side, between Central Avenue and the alley east of Central Avenue. North -south streets: Bluff Street, both sides, between 3rd Street and 8th Street. Bluff Street, both sides, between 10th Street and 12th Street. Bluff Street, west side, between 8th Street and 9th Street. Central Avenue, both sides, between 4th. Street and 19th Street. Iowa Street, both sides, between 4th Street and Loras Boulevard. Iowa Street, west side of median, between 5th Street and 9th Street. Jackson Street, both sides, between 8th Street and 11th Street. Locust Street, both sides, between 1st Street and Loras Boulevard. Main Street, both sides, between 1st Street and 5th Street. Main Street, both sides, between 8th Street and 10th Street, except where posted "NO PARKING". Main Street, both sides, between 9th Street and Loras Boulevard. Main Street, both sides, from 1st Street to a point two hundred twenty feet (220') south of 1st Street. Main Street, both sides, from 5th Street to 8th Street. November 2012 City of Dubuque 9-14-321.666 9-14-321.667 Washington Street, both sides, from 8th Street to 11th Street. White Street, both sides, from 5th Street to 11th Street. White Street, west side, between 11th Street and 13th Street. White Street, west side, between 13th Street and 14th Street. White Street, west side, between East 14th Street and East 15th Street. 1st to 2nd Street connector, east of Main Street, east side, between 1st and 2nd. (Ord. 48-12, 9-4-2012) 9-14-321.667: FEE SCHEDULE: Subject to the limitations provided in this division, parking meters, when installed and properly operated, shall show legal parking upon and after deposit of United States coins in accordance with the following schedule: A. One hour parking meters shall show legal parking for fifty cents ($0.50) per hour, but not more than a total of sixty (60) minutes at any one time. B. Two (2) hour parking meters shall show legal parking for fifty cents ($0.50) per hour, but not more than a total of one hundred twenty (120) minutes at any one time. C. Four (4) hour parking meters shall show legal parking for fifty cents ($0.50) per hour, but not more than a total of four (4) hours at any one time. D. Ten (10) hour parking meters shall show legal parking for twenty five cents ($0.25) per hour, but not more than a total of ten (10) hours at any one time. E. Twenty (20) minute parking meters shall show legal parking for seventy five cents ($0.75) per hour, but not more than a total of twenty (20) minutes at any one time. F. Forty (40) minute parking meters shall show legal parking for seventy five cents ($0.75) per hour, but not more than a total of forty (40) minutes at any one time. (Ord. 44-08, 6-16-2008) November 2012 City of Dubuque 9-14-321.721 9-14-321.722 BLOCK FACE: DWELLING UNIT: MOTOR VEHICLE: PEAK PERIOD: Shall refer to all the properties on one side of a given street existing between two (2) consecu- tive intersecting streets. A building or portion of a building which is exclusively arranged, occupied, or intended to be occupied as living quarters for one family, but not including dwelling units in hotels, rooming houses, institutions, dormitories, or convalescent or nursing homes. A vehicle licensed as a private passenger car or a motorcycle or light pickup truck but not including any other truck or road tractor. That time interval between the hours of seven o'clock (7:00) A.M. and five thirty o'clock (5:30) P.M. daily or between such hours as requested by the petitioners during which the highest percentage of overall resident and nonresident parking utilization occurs. RESIDENT: A person who maintains a bona fide occupancy within a residential parking permit district. RESIDENTIAL A contiguous area containing public streets or DISTRICT: parts thereof abutted by residential property, or residential and nonbusiness property including, but not limited to, schools, parks, churches, hospitals, and nursing homes. RESIDENTIAL PARKING PERMIT DISTRICT: A residential area designated by ordinance as herein provided. (Ord. 44-08, 6-16-2008) 9-14-321.722: RESIDENTIAL PARKING PERMIT PROGRAM ESTAB- LISHED: There is hereby established a residential parking permit program. The procedure for being designated a residential parking permit district shall be as follows: A. Petition: 1. Required: In order to be considered for a residential parking permit district designation, a group of residents must submit a City of Dubuque 9-14-321.722 9-14-321.722 petition to the city manager containing the signature of an adult member of at least sixty percent (60%) of the dwelling units in the residential area. Petitions shall only be considered for areas which contain at least four (4) adjacent block faces or fifty (50) curb parking spaces. The boundaries of and the streets within the proposed permit parking district shall be clearly identified on each page of the petition. The petition shall also state clearly that, if the district is approved that participation in the program is mandatory, only those vehicles with a permit shall be permitted to park in the residential parking permit district between seven o'clock (7:00) A.M. and five thirty o'clock (5:30) P.M. daily, or such other hours as may be requested by the petition and approved by the city council, except Sundays and holidays, and an annual fee will be charged for a parking permit for each vehicle. The necessary petition can be obtained from the office of the city clerk. A cover letter explaining the reasons for the request and a map showing the boundaries of the proposed parking permit district shall accompany the petition. 2. Exception: A petition may be considered for an area which contains less than four (4) adjacent block faces or fifty (50) curb parking spaces if there are extenuating conditions that render such requirement unreasonable. Upon the recommendation of the city manager, such requirement may be waived by the city council if it finds that the proposed residential district is isolated or separated from other residential areas by topographical features or by commercial area. The city council shall not grant such a waiver, however, if it determines that the only basis for granting such a waiver is the convenience of the residents or if it determines that the waiver is being requested by the petitioners to prevent opposition to establishing a district. All other requirements of this division must be established. B. Parking Study: Upon receipt of a valid petition, the city manager shall cause a parking study of the area identified in the petition to be conducted. A residential parking permit district may be established only if the results of the study demonstrate that both of the following criterions are satisfied during peak periods: 1. At least eighty percent (80%) of the curbside parking spaces in the proposed parking permit district were utilized during peak periods. For purposes of this criterion, a legal curbside parking space shall be twenty three (23) linear feet; and 2. At least twenty five percent (25%) of the curbside parking spaces in the proposed parking district were utilized by nonresident parkers. City of Dubuque 9-14-321.722 9-14-321.723 For purposes of this criterion, the latest available motor vehicle registration information shall be used. C. Parking Study Report And Recommendation: Upon completion of the parking study, if the conditions of subsection B of this section are established, the city manager shall make a report and recommenda- tion to the city council, based upon the petition and results of the survey, on whether or not to designate the proposed parking district or a portion thereof as a residential parking permit district and the hours such restrictions are to be in effect. The recommendation shall take the following into account: 1. The effect on the safety of the residents of the proposed residential parking permit district from intensive parking by nonresidents; 2. The difficulty or inability of residents of the proposed residential parking permit district to obtain adequate curbside parking adjacent to or near their residences because of widespread use of available curbside parking spaces by nonresident motorists; 3. The likelihood of alleviating, by use of the residential parking permit program, any problem of nonavailability of residential parking spaces; and 4. The desire of the residents in the proposed residential parking permit area for the institution of a residential parking permit district and the willingness of those residents to bear the cost incidental to the administration of the residential parking permit program. D. Public Hearing: Upon receipt of the report and recommendation from the city manager, the city council shall set a public hearing on the petition. Upon completion of the public hearing, the city council may reject the petition or adopt an ordinance designating the permit area as a residential parking permit district and the hours such parking restrictions are to be in effect. (Ord. 44-08, 6-16-2008) 9-14-321.723: POSTING OF RESIDENTIAL PARKING PERMIT SIGNS: Following adoption of an ordinance designating a residential parking permit district, signs shall be erected in the designated area indicating the hours which curbside parking in the designated area is prohibited, except Sundays and holidays, unless the vehicle properly displays a parking permit. (Ord. 44-08, 6-16-2008) City of Dubuque 9-14-321.724 9-14-321.725 9-14-321.724: NOTICE TO RESIDENTS OF DESIGNATION OF RESIDENTIAL PARKING PERMIT DISTRICT: Following adoption of an ordinance to designate a residential parking permit district, the parking division shall mail to every dwelling unit within the designated district the following documents: A. A notice of designation which shall inform the residents in the designated area of: 1. The existence, exact location, and numerical designation of the residential parking permit district; 2. The parking restrictions applicable to all vehicle curbside parking spaces along streets in the designated area which do not properly display a parking permit authorized by this division; and 3. The procedures to obtain a residential parking permit. B. An application for residential parking permit on which the applicant is to provide the following information for each vehicle to receive a residential parking permit: 1. The name and residential address of the owner of the vehicle; 2. The name, residential address, and driver's license number of the principal operator of the vehicle; 3. The make, model, license plate number, and registration number of the vehicle; and 4. The signature of the applicant for the residential parking permit. (Ord. 44-08, 6-16-2008) 9-14-321.725: ISSUANCE OF RESIDENTIAL PARKING PERMIT: A. A residential parking permit shall be issued upon the applicant's payment of the annual residential parking permit fee and submission of a completed residential parking permit application. A separate parking permit fee and application is required for each motor vehicle the applicant parks curbside within the district. Not more than two (2) residential parking permits shall be issued to each dwelling unit. City of Dubuque 9-14-321.725 9-14-321.726 The permit fee shall be used to offset the cost of operation and administration of the residential parking permit program. Permit fees are not refundable or eligible for proration. One guest parking permit shall be issued without charge with each residential parking permit for use only by nonresidents of the residential parking permit district. Up to two (2) guest parking permits for which an annual fee estab- lished by the city manager shall be charged may be issued to a dwelling unit wherein none of the residents own or operate a motor vehicle. (Ord. 44-08, 6-16-2008) The owner of a nonresidential building in a parking permit district which was formerly a residential building may apply for residential parking permits as provided herein. The number of permits which may be issued for such nonresidential building shall be limited to the number of permits that would have been available when the building was used for residential purposes. (Ord. 40-09, 8-3-2009) B. The residential parking permit shall be permanently affixed to the inside bottom left corner of the front windshield. Guest permits shall be displayed in the same location. Vehicles not equipped with a front windshield shall permanently affix the permit in a prominent location. C. No residential parking permit shall be issued for a vehicle whose owner or principal operator is not a resident in the designated residential parking permit district. D. The applicant for, and holder of, the residential parking permit shall be the owner or principal operator of the vehicle receiving the parking permit. E. The holders of guest permits shall be visitors to the principal permit holder's residence. F. No residential parking permit or guest permit shall be transferred or sold to another party. (Ord. 44-08, 6-16-2008) 9-14-321.726: RENEWAL OF RESIDENTIAL PARKING PERMIT: A. The residential parking permit shall be renewed annually during the month of August and expires on August 31 of each year. October 2009 City of Dubuque 9-14-321.726 9-14-321.728 B. Upon the permit holder's payment of the residential parking permit renewal fee and submission of a completed residential parking permit application, the holder shall receive a new parking permit valid for a one year period. (Ord. 44-08, 6-16-2008) 9-14-321.727: TRANSFER OF RESIDENTIAL PARKING PERMIT: A. Upon the permit holder's payment of a residential parking permit transfer fee established by the city manager, the submission of a completed residential parking permit application and the surrender of the existing residential parking permit, the permit holder shall receive a new residential parking permit to be transferred to another qualifying vehicle. B. The transfer of the residential parking permit to another qualifying vehicle shall not affect its expiration date. (Ord. 44-08, 6-16-2008) 9-14-321.728: RESPONSIBILITY OF PERMIT HOLDER: A. The holder of a residential parking permit or guest parking permit shall be permitted to stand or park a motor vehicle operated by such holder in the designated residential parking permit district during such time as the parking of such vehicles therein is permitted. While such vehicle for which a residential parking permit has been issued is so parked, or a vehicle displaying a visitor permit, such permit shall be displayed as prescribed in this division. B. A residential parking permit or guest parking permit does not guarantee or reserve to the holder a parking space within the designated permit parking district. A parking permit does not authorize the standing or parking of any vehicle in such places and during such times as the stopping, standing, or parking of vehicles is prohibited or set aside for specific types of vehicles and does not excuse the violation of any traffic regulation in the residential parking district. C. Whenever the holder of a residential or guest parking permit, or the vehicle for which the parking permit was issued, no longer fulfills one or more of the applicable provisions of this division controlling issuance, renewal, or transfer of parking permits, the holder shall so notify the parking division. October 2009 City of Dubuque 9-14-321.728 9-14-321.728 D. Until its expiration, surrender, or revocation, a parking permit shall remain valid for such time as the holder continues to reside within the designated residential parking permit district. E. A parking permit shall be valid only in the residential parking permit district for which it is issued. (Ord. 44-08, 6-16-2008) October 2009 City of Dubuque 9-14-321.735 9-14-321.736 9-14-321.735: RESIDENTIAL PARKING PERMIT DISTRICT C: A. The following described area constitutes a residential parking permit district designated as residential parking permit district C: Clarke Drive from the east property line of 1687 Clarke Drive to St. Ambrose Street. Hoyt Street. North Grandview Avenue, west side, from Rosedale Street to the north property line of 2165 North Grandview Avenue, east side, from Clarke Drive to the north property line of 2280 North Grandview Avenue. Sunnyview Drive, from North Grandview Avenue to St. Ambrose Street. Ungs Street, south side. B. No vehicles shall park curbside in residential parking permit district C during the hours of seven thirty o'clock (7:30) A.M. to ten o'clock (10:00) P.M. daily, except Sundays and holidays, without displaying a valid parking permit issued by the city. (Ord. 44-08, 6-16-2008) 9-14-321.736: RESIDENTIAL PARKING PERMIT DISTRICT D: A. The following described area constitutes a residential parking permit district designated as residential parking permit district D: Amy Court, from Marjorie Circle to the northerly end. Lucy Drive, from Pennsylvania Avenue to Welu Drive. Marjorie Circle, between Pennsylvania Avenue and Amy Court. B. No vehicles shall park curbside in residential parking permit district D during the hours of seven o'clock (7:00) A.M. and three o'clock (3:00) P.M. on school days, without displaying a valid parking permit issued by the city. (Ord. 62-12, 12-3-2012) April 2013 City of Dubuque 9-14-321.737 9-14-321.739 9-14-321.737: RESIDENTIAL PARKING PERMIT DISTRICT E: A. The following described area constitutes a residential parking permit district designated as residential parking permit district E: Algona Street, both sides, from North Grandview Avenue to Green Street. Avoca Street, both sides, from Rosedale Avenue to Green Street. Grandview Avenue, North, south side, from Avoca Street to Auburn Street. Rosedale Avenue, north side, from Avoca Street to the west property line of 2095 Rosedale Avenue. Rosedale Avenue, south side, from Avoca Street to the alley west of Avoca Street. B. No vehicles shall park curbside in residential parking permit district E during the hours of seven o'clock (7:00) A.M. to two thirty o'clock (2:30) P.M. daily, except Saturdays, Sundays, and holidays without displaying a valid parking permit issued by the city. (Ord. 44-08, 6-16-2008) 9-14-321.738: RESIDENTIAL PARKING PERMIT DISTRICT F: A. The following described area constitutes a residential parking permit district designated as residential parking permit F: Rosemont Street, from Pennsylvania Avenue to Creston Court. B. No vehicles shall park curbside in residential parking permit district F during the hours of seven o'clock (7:00) A.M. to three o'clock (3:00) P.M., except Saturdays, Sundays, and holidays, without displaying a valid parking permit issued by the city. (Ord. 44-08, 6-16-2008) 9-14-321.739: RESIDENTIAL PARKING PERMIT DISTRICT G: A. The following described area constitutes a residential parking permit district designated as residential parking permit G: April 2013 City of Dubuque 9-14-321.739 9-14-321.741 Cornell Street. Pickett Street. West 15th Street from Cornell Street to Fairview Street. West 16th Street from Catherine Street to Fairview Place. B. No vehicles shall park curbside in residential parking permit district G during the hours of six o'clock (6:00) A.M. to twelve o'clock (12:00) midnight, except Sundays and holidays, without displaying a valid parking permit issued by the city. (Ord. 44-08, 6-16-2008) 9-14-321.740: RESIDENTIAL PARKING PERMIT DISTRICT H: A. The following described area constitutes a residential parking permit district designated as residential parking permit H: Hansel Drive, between Keystone Drive and Keymont Drive. Keymont Drive from Key Way Drive to its westerly terminus. Phyllrich Drive, between Keystone Drive and Keymont Drive. Vizaleea Drive from Pennsylvania Avenue to Keystone Drive. B. No vehicles shall park curbside in residential parking permit district H during the hours of seven o'clock (7:00) A.M. to three o'clock (3:00) P.M., except Saturdays, Sundays, and holidays, without dis- playing a valid parking permit issued by the city. (Ord. 44-08, 6-16-2008) 9-14-321.741: HOME HEALTHCARE PROVIDERS: The city manager may issue, without charge, to a business providing home healthcare a special parking permit that allows an employee of such business to park in a residential parking permit district. Such permit shall only be valid while a home healthcare employee is at a residence within the district and is actually engaged in providing care to a resident of the district. The permit shall not be available to a self-employed home healthcare provider. The permit may be revoked by the city manager for failure to comply with the requirements of this section. (Ord. 44-08, 6-16-2008) April 2013 City of Dubuque TITLE 10 PUBLIC WAYS AND PROPERTY Subject Chapter 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 And Assemblies 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 November 2013 City of Dubuque 10-4-1 10-4-1 CHAPTER 4 PARADES AND ASSEMBLIES SECTION: 10-4-1: Parade, Assembly, Valet Drop Off Parking, Permit Requirements 10-4-2: Unlawful Assembly 10-4-3: Events On Private Property; Permit Requirements 10-4-1: PARADE, ASSEMBLY, VALET DROP OFF PARKING, PERMIT REQUIREMENTS: A. Permit Required: 1. Before any group of persons shall collect or gather together or parade or march upon the streets of the city, or before any group of twenty five (25) or more persons shall collect or gather together or parade or march upon the sidewalks of the city, they shall first obtain a permit from the city manager, which permit, when issued, shall be without charge, and shall state the time, manner, and conditions of such march, parade, or assembly. 2. Before any for profit organization or business shall offer valet drop off parking, the organization or business shall first obtain a permit from the city manager, which permit, when issued, shall be charged at the rate of four hundred dollars ($400.00) per year, and shall state the time, manner, and conditions of such valet drop off parking. (Ord. 5-09, 2-2-2009) B. Permit Application: 1. Filing Of Application: An application for a permit containing the information required herein shall be filed with the city manager by any group desiring to use any street or public place as provided in this section. Applications shall be made on forms prepared by the city manager, and shall contain the information required herein. The City of Dubuque 10-4-1 10-4-1 city manager shall have a reasonable time to grant or deny the permit. The length of time that is reasonable shall be determined by the type of use requested, the information supplied, the time of filing of the application, and the extent of advance preparation or planning demonstrated and reasonably required. 2. Grant Or Denial Of Permit: The city manager shall grant or deny the permit, in writing, according to the standards set forth in subsection D of this section and shall provide the written decision to the applicant by regular mail or by personal delivery. (2007 Code § 33-21.1) C. Application Form; Information Required: 1. Contents Of Application: The application form for the use of any street or public place shall contain the following information: a. Name and address of the applicant and the sponsoring organization, if any. b. The type of event that is planned. c. Proposed location or locations. d. Expected size of group. e. Date, time and expected length of the use. f. Names and addresses of the person or persons to be in charge of the proposed use at the specified location. g. Names and addresses of any persons to be featured as entertainers or speakers. h. List of mechanical or electronic equipment to be used. i. Number and type of any motor vehicles or other forms of transportation to be used, including bicycles. j. Number and type of any animals to be used. k. A description of any sound amplification to be used. I. Proposed monitoring of the group, including the number of people who will set up and clean up. (2007 Code § 33-21.4) City of Dubuque 10-4-1 10-4-1 m. Plan for compliance with the Americans with disabilities act and Americans with disabilities act accessibility guidelines (ADAAG). n. Other information as the city manager believes necessary to ensure public access and safety. (Ord. 5-09, 2-2-2009) 2. Save Harmless Agreement: The application shall include an agreement pursuant to which the applicant shall agree to indemnify, defend and save harmless the city and its agents, officers and employees, from any and all claims, lawsuits, damages, losses and expenses, of whatever nature, which may result from or arise from the activity or event covered by the permit, irrespective of whether said claims are frivolous or meritorious. (2007 Code § 33-21.2) D. Standards For Issuance: The city manager shall examine the application, and shall grant or deny said permit based upon the following standards: 1. Interference With Privacy, Safety And Security: In light of the date and time of said proposed use, whether the use will unreasonably interfere with the privacy, safety, security, convenience and tranquility of the residents or inhabitants of the area. 2. Size And Condition Of Accommodations: Whether the proposed street or public place can accommodate the group or use, based both on group size and on health and sanitation facilities, whether available or to be provided by applicant. 3. Compatibility Of Use: Whether the proposed use or activity is compatible with the normal activity of the street or public place at the requested time or date. 4. Demonstration Of Means, Planning And Coordination: Whether the application demonstrates the applicant has the means, planning and coordination to hold the proposed event, considering the time of day, location, public facilities available, traffic control, parking requirements and any monitoring required to protect the public health and safety. 5. Timing Of Event: Whether the event will interfere with another event for which a permit has already been granted. 6. Interruption Of Vehicular Or Pedestrian Traffic: Whether the proposed use would substantially interrupt the flow of street and/or pedestrian traffic. City of Dubuque 10-4-1 10-4-3 7. Excessive Diversion Of Police: Whether the use would require the excessive diversion of police from other duties, or substantially interfere with the city's firefighting operations. (2007 Code § 33-21.3) E. Revocation Of Permit: After a permit is granted, in the event it is determined that the applicant has misstated any material fact in the application, or that there is a substantial and material variance between the information in the application and the actual facts or those facts that appear reasonably to have occurred, the city manager may review such application and revoke such permit if not in compliance with this subsection. Such permit may also be revoked when it is determined by the chief of police that by reason of disaster, public calamity, riot or other emergency, the public safety requires such revocation. (2007 Code § 33-21.4) 10-4-2: UNLAWFUL ASSEMBLY: A. Definition: Any "unlawful assembly" is three (3) or more persons assembled together, with them or any of them acting in a violent manner, and with intent that they or any of them will commit a public offense or causing other persons to be intimidated, harassed or placed in fear of bodily harm. B. Prohibited Act: It shall be unlawful for a person to willingly join in or remain a part of an unlawful assembly, knowing or having reasonable grounds to believe that it is such. C. Refusal To Disperse: It shall be unlawful for any person within the hearing distance of a police officer who orders the participants in an unlawful assembly of persons in the immediate vicinity of an unlawful assembly to refuse to disperse. D. Lawful Assemblies Excepted: Nothing in this section shall be construed to prevent persons from gathering together in orderly or lawful assemblies and which will not result in the disturbance of the peace or disorderly conduct. (2007 Code § 33-22) 10-4-3: EVENTS ON PRIVATE PROPERTY; PERMIT REQUIRE- MENTS: A. Permit Required: No person shall hold an event on private property when the person knows or reasonably should know that the event will substantially affect public health or safety or the peace and quiet City of Dubuque 10-4-3 10-4-3 of a neighborhood by reason of the number of persons attending such event, the use of outdoor music or amplified noise, and the likely effect on traffic and parking, without first obtaining a permit from the city manager, which permit, when issued, shall be without charge, and shall state the time, manner and conditions of such event. This section shall not apply to an event held by a church or educational institution. (2007 Code § 33-23) B. Permit Application: 1. Filing Of Application; Contents: An application for a permit containing the information required herein shall be filed with the city manager by a person holding such an event. Applications shall be made on forms prepared by the city manager, and shall contain the information required herein. The city manager shall have a reasonable time to grant or deny the permit. The length of time that is reasonable shall be determined by: the type of use requested; the information supplied; the time of filing of the application; and the extent of advance preparation or planning demonstrated and reasonably required. 2. Grant Or Denial Of Permit: The city manager shall grant or deny the permit, in writing, according to the standards set forth in subsection D of this section and shall provide the written decision to the applicant by regular mail or personal delivery. (2007 Code § 33-23.1) C. Application Form; Information Required: The application form for the event shall contain the following information: 1. Name and address of the applicant and the sponsoring organization, if any. 2. The type of event that is planned. 3. Proposed location or locations. 4. Expected size of group. 5. Date, time and expected length of use. 6. Names and addresses of the person or persons to be in charge of the proposed use at the specified location. City of Dubuque 10-4-3 10-4-3 7. Names and addresses of any persons to be featured as entertainers or speakers. 8. List of mechanical or electronic equipment to be used. 9. Number and type of any motor vehicles or other forms of transportation to be used, including bicycles. 10. Number and type of any animals to be used. 11. A description of any sound amplification to be used. (2007 Code § 33-23.2) D. Standards For Issuance: The city manager shall examine the application and shall grant or deny said permit based upon the following standards: 1. Interference With Privacy, Safety, Security: In light of the date and time of said proposed use, whether the use will unreasonably interfere with the privacy, safety, security, convenience and tranquility of the residents or inhabitants of the area. 2. Compatibility Of Use: Whether the proposed use or activity is compatible with the normal activity of the neighborhood at the requested time and date. 3. Demonstration Of Means, Planning And Coordination: Whether the application demonstrates the applicant has the means, planning and coordination to hold the proposed event, considering the time of day, location, traffic control, parking requirements and any monitoring required to protect the public health and safety. 4. Timing Of Event: Whether the event will interfere with another event for which a permit has already been granted. 5. Interruption Of Vehicular And Pedestrian Traffic: Whether the proposed use would substantially interrupt the flow of street and/or pedestrian traffic. 6. Excessive Diversion Of Police: Whether the use would require the excessive diversion of police from other duties or substantially interfere with the city's firefighting operations. (2007 Code § 33-23.3) E. Revocation Of Permit: After a permit is granted, in the event it is determined that the applicant has misstated any material fact in the City of Dubuque 10-4-3 10-4-3 application, or that there is a substantial and material variance between the information in the application and the actual facts or those facts that appear reasonably to have occurred, the city manager may review such application and revoke such permit if not in compliance with this chapter. Such permit may also be revoked when it is determined by the chief of police that by reason of disaster, public calamity, riot or other emergency, the public safety requires such revocation. (2007 Code § 33-23.4) City of Dubuque TABLE OF CONTENTS TITLE 1 Administration Dubuque City Code 1 Saving Clause 2 Definitions 3 General Penalty 4 Charter 5 Mayor And City Council 6 Rules And Procedure 6A City Officers And Employees 7 Elections, Precincts And Wards 8 Evidentiary Hearings By City Council 9 Miscellaneous Administrative Provisions 10 Emergency Succession During Disaster 11 TITLE 2 Boards And Commissions Hearings And Appeals 1 Civil Service Commission 2 Investment Oversight Advisory Commission 3 Civic Center Advisory Commission 4 Housing Agency And Community Development Commissions 5 Municipal Housing Agency And Governing Board (Rep. by Ord. 26-09, 6-1-2009) 5A Housing Commission 5B Community Development Advisory Commission 5C Trust Fund Advisory Committee 5D Environmental Stewardship Advisory Commission 6 Board Of Library Trustees 7 Arts And Cultural Affairs Advisory Commission 8 Sister City Relationships Advisory Commission 9 Safe Community Advisory Committee 10 Cable Television Commission 11 TITLE 3 Revenue And Taxation Property Tax 1 Revitalization Areas 2 Hotel And Motel Tax 3 Economic Development 4 Industrial Projects 4A Enterprise Zone Commission 4B Speculative Shell Buildings Of Community Development Organizations And For Profit Entities 4C Residential Relocation Assis- tance Program 4D TITLE 4 Business And License Regulations Business Licenses Generally 1 Liquor Control 2 Alcoholic Beverages 2A Liquor, Beer And Wine Licenses And Permits 2B Excursion Boat Admission Fees . 3 Central Market 4 Solicitor's License 5 Pawnbrokers And Secondhand Dealers; Junk And Auto Salvage Dealers 6 Pawnbrokers And Second- hand Dealers 6A Junk Dealers And Auto Salvage Dealers 6B April 2013 City of Dubuque TITLE 4 (cont.) Vehicles For Hire And Public Transportation 7 Nonmotorized Vehicles 7A Motorized Vehicles For Hire 7B Adult Entertainment Establish- ments TITLE 5 Transit System Transit Advisory Board; General Provisions TITLE 6 Health, Housing, Sanitation And Environment Drug Paraphernalia 5B Crime Property 5C Parental Responsibility 5D Social Host Responsibility 5E Animal Control 6 Miscellaneous Provisions 6A Dogs And Cats 6B 8 Rabies Control 6C Dangerous Animals 6D Potentially Vicious Dogs 6E Bicycles 7 1 Health And Safety Regulations 1 Food Establishments And Hotel Sanitation 2 Ambulances 3 Nuisances 4 Noises 5 Housing Regulations 6 Hazardous Waste, Substances And Conditions Trees And Weeds Fire Prevention Regulations TITLE 7 Police, Fire And Public Safety TITLE 8 Human Rights Definitions; General Provisions 1 Human Rights Commission 2 Unfair And Discriminatory Practices 3 Disability Discrimination 3A Enforcement Of Civil Rights 4 Fair Housing 5 TITLE 9 Motor Vehicles And Traffic General Provisions 1 7 Registration, Certification Of 8 Title, And Proof Of Security 9 Against Financial Liability Special Antitheft Law Drivers' Licenses Obedience To And Effect Of Traffic Laws 5 Powers Of Local Authorities 6 Operation 7 Pedestrians' Rights And Duties 8 Special Stops Required 9 Miscellaneous Rules 10 School Buses 11 Equipment 12 Size, Weight And Load 13 Police Department 1 Fire Department 2 Emergency Management 3 Alarm System Permits 4 Offenses 5 General Offenses 5A April 2013 2 3 4 City of Dubuque TITLE 9 (cont.) Parking Impoundment Of Vehicles Miscellaneous City Provisions 16 Cable Regulatory Commission (Rep. by Ord. 5-12, 2-6-2012) 3C 14 Rates And General 15 Regulations 3D Cable Services Customer Service Standards 3E Gas Franchise 4 Electric Franchises 5 Interstate Power Company ... 5A Maquoketa Valley Electric Cooperative 5B Procedure For Licensing 1 Electric Transmission 2 Line Companies 6 3 3A 3B TITLE 12 3C 3D Airport 3E 3F Administration And Enforcement 1 4 General Regulations 2 5 Airport Zoning Regulations 3 5A 5B TITLE 10 Public Ways And Property Streets, Sidewalks And Other Public Places Excavations Encroachments On Public Places Waste Collection Receptacles Newsracks Projecting Signs Other Encroachments Sidewalk Cafes Mailboxes Parades And Assemblies Parks And Recreation Administration Use Regulations Specific Parks, Open Spaces And Trails Railroads Boats, Boating And Waterfront Structures 5C 6 TITLE 11 Rights Of Way Nonfranchised Communications Systems Cable Right Of Way Regulations . 2 Cable Communications 2A Open Video Systems 2B Cable Television 3 Cable Franchise Agreement . Community Teleprogramming Commission (Rep. by Ord. 5-12, 2-6-2012) TITLE 13 Public Utilities 7 Water Use And Service 1 Connections 1A Water Meters 1B Rates 1C Cross Connection Control 1D Sewers And Sewage Disposal .. 2 Discharge Regulations 2A Private Disposal Systems; 1 Private Haulers 2B Rates 2C Industrial Pretreatment Program 2D Gas Main Connections 3 3A Stormwater Management 4 Illicit Connections And Discharges To Storm Sewer 3B System 5 November 2013 City of Dubuque TITLE 13(cmnt.) TITLE 15 Solid Waste 6 Planning And Zoning City Or Private Collection Service 6A Comprehensive Plan ' 1 Long Range Planning Advisory Commission 2 TITLE 14 Building And Development Building Codes 1 Building Code And Regulations 1A Residential Code 1B Energy Conservation Code . . 1C Electrical Code 1D Fire Code And Regulations . .` 1E Mechanical Code 1F Fuel Gas Code 1G Plumbing Code 1H Accessibility Code For Readily Achievable Changes 11 Building Construction, Demoli- tion And Moving 2 Dangerous Buildings 3 Licensing Of Vacant And/Or Abandoned Buildings 4 Historic Buildings 5 Historic Preservation (Rep. by Ord. 52-08. 10-19-2008\ 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 November 2013 TITLE 16 Unified Development Code PART 1. 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 Zoning Board Of Adjustment Applications And Procedures 8 Zoning Advisory Commission Applications And Procedures . . . . 9 Historic Preservation Commission Applications And Procedures . . 10 PART III. LAND DEVELOPMENT REGULATIONS Land Subdivision 11 Site Plans 12 Site Design Standards 13 Parking 14 Signs 15 INDEX City of Dubuque 13-1C-1 13-1C-1 SECTION: 13-1C-1: 13-1C-2: 13-1C-3: 13-1C-4: CHAPTER 1 WATER USE AND SERVICE ARTICLE C. RATES Residential, Commercial, Industrial And All Other Uses Fire Sprinkler Service Construction Use Payment Of Bills 13-1C-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 $2.90 Next 120 2.37 Next 350 2.19 Next 500 1.94 Next 1,000 1.72 Monthly Consumption (In Gallons) Charge Per Gallon First 22,440 $0.00387 Next 89,760 0.00316 Next 261,800 0.00294 Next 374,000 0.00261 Next 748,000 0.00229 April 2013 City of Dubuque 13-1C-1 13-1C-1 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 $ 5.79 3/4 5 3,740 14.47 1 8 5,984 23.16 11/2 26 19,448 75.26 2 46 34,408 124.66 3 106 79,288 266.48 4 168 125,664 410.07 6 368 275,264 849.89 8 625 467,500 1,384.21 A property owner shall pay a fifty dollar ($50.00) disconnect fee for water service that is disconnected by the city for a meter not in ser- vice. When a tenant account is subject to disconnection due to delin- quency, the tenant shall pay the fifty dollar ($50.00) disconnect fee. A fifty dollar ($50.00) service call fee shall be charged to property owners or tenant account for those service calls that are determined to be related to customer negligence. A five dollar ($5.00) minimum monthly charge shall be assessed for meters not in service. (Ord. 10-13, 2-8-2013, eff. 7-1-2013) 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. 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 April 2013 City of Dubuque 13-1C-1 13-1C-2 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. (2007 Code § 44-201) 13-1C-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: Number Of Heads Current Monthly Charges Up to 200 (minimum monthly charge) $17.71 200 - 299 21.26 300 - 399 24.76 400 - 599 28.33 600 - 799 31.85 800 - 999 35.41 1,000 - 1,199 38.96 1,200 - 1,399 42.46 1,400 - 1,599 46.02 1,600 - 1,799 49.56 1,800 - 1,999 53.08 2,000 - 2,199 56.63 2,200 - 2,399 60.16 2,400 - 2,599 63.71 2,600 - 2,799 67.26 2,800 - 2,999 70.87 3,000 - 3,499 74.32 Over 3,500 (for each additional 500 heads or fraction thereof) 3.53 (Ord. 11-13, 2-8-2013, eff. 7-1-2013) April 2013 City of Dubuque 13-1C-3 13-1 C-3: CONSTRUCTION USE: 13-1C-4 A. Application For Temporary Water Service; Deposit: When a tempo- rary 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 compact- ing 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) 13-1C-4: PAYMENT OF BILLS: A. Locations For Payment Of Bills: Payment of bills may be made at locations that have been designated by the city manager, after official publication. B. Due When Rendered: All utility bills are due when rendered. (Ord. 31-08, 5-5-2008) C. Late Payments; Procedure Upon Delinquency: 1. If a bill remains unpaid twenty five (25) days following the billing date, there will be added to the bill a penalty of five percent (5%) of the total utility bill for late payment. April 2013 City of Dubuque 13-2C-1 13-2C-2 SECTION: 13-2C-1: 13-2C-2: 13-2C-3: 13-2C-4: 13-2C-5: 13-2C-6: CHAPTER 2 SEWERS AND SEWAGE DISPOSAL ARTICLE C. RATES Purpose Definitions Rates Established Areas Not Served By Public System Lien For Failure To Pay 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: follows: CONTRIBUTOR: DEFINITIONS: The following words and terms, as used in this article, shall be deemed to mean and be construed as SEWAGE SERVICE CHARGE: 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. Any and all rates, charges, fees or rentals levied against and payable by the contributors, including special contracts or agreements which have been or may be negotiated by and City of Dubuque April 2013 13-2C-2 13-2C-3 SEWAGE TREATMENT PLANT: between the city, commercial establishments, industries, manufacturing plants or corporations for the purpose of collecting rates, charges, fees or rentals. Any and all units of the municipal sewage treat- ment system owned and operated by the city, including the 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 con- sumption on the following rates: A. Basic Charges: 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 identi- fied in subsection C7 of this section for the size of the water meter in service for the particular account. (2007 Code § 44-83) B. Schedule Of Rates: Rate per each 100 cubic feet $3.99 Rate per each gallon 0.00533 (Ord. 12-13, 2-8-2013, eff. 7-1-2013) C. Service Charge: 1. When a parcel of real estate, property or building discharging sanitary sewage, industrial wastes, water or other approved waste, April 2013 City of Dubuque 13-2C-3 13-2C-3 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 April 2013 City of Dubuque 13-2C-3 13-2C-4 city's sanitary sewer system, in such manner and by such methods as it may deem practicable in the light of the conditions and 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/I) of biochemical oxygen demand, three hundred fifty milligrams per liter (350 mg/1) 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 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. (2007 Code § 44-83) 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 $ 7.97 200 1,496 3/4 19.93 500 3,740 1 or larger 31.89 800 5,984 (Ord. 12-13, 2-8-2013, eff. 7-1-2013) 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) April 2013 City of Dubuque 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 or occupying 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 pay- ment is made for water service, sanitary sewer or refuse, a storm - water 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 chapter shall be applied and computed for each contributor during the customary billing periods as to all bills mailed by the finance director -city treasurer, and such charges shall thereafter be paid and collected as provided in this chapter. (2007 Code § 44-274) D. Rates Established: The SFU rate to be applied to residential and nonresidential properties shall be five dollars sixty cents ($5.60) per SFU. (Ord. 9-13, 2-28-2013) 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 estab- lishes a formal policy regarding the expenditure of stormwater management utility revenues as follows: April 2013 City of Dubuque 13-4-5 13-4-6 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, sup- plies, depreciation, and any and all miscellaneous expenses and purchases. 2. No revenues generated by the stormwater utility user fee shall be used for any purpose other than stormwater expenses. (2007 Code § 44-274) 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: 1. The issuance of a permanent water meter. April 2013 City of Dubuque 13-6A-4 13-6A-6 D. Early Placement: 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. E. 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. (2007 Code § 40-34) 13-6A-5: OWNERSHIP OF MATERIALS; UNAUTHORIZED COL- LECTING PROHIBITED: From the time of placement for collection as provided in section 13-6A-4 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) 13-6A-6: RATES AND CHARGES ESTABLISHED; EXCEPTIONS: A. Class I Premises: Except as qualified below, a fee of twelve dollars seventy four cents ($12.74) per dwelling unit per month shall be paid to the city by the property owner of each class I premises for such services. Said fee shall be in payment for collection and disposal of one 35 -gallon can or one 35 -gallon trash bag of "solid waste" as defined in this chapter. There is no limit on the number of bins allowed to be collected containing acceptable "recyclable materials" as defined in this chapter. Exceptions to the collection charges for class I premises are as follows: 1. When a class I premises has been vacant for a period not less than three (3) consecutive months, the owner may apply to the city manager for a credit under procedures to be established by the city manager. Such credit shall continue only so long as the class I premises is vacant. 2. Class I premises when the head of the household is sixty five (65) years of age or older and has an annual income equal to or less than the income standards used by HUD for its "section 8 housing program" for one and two (2) person households may, upon applica- tion to the city manager, be exempted from one-half (1/2) the April 2013 City of Dubuque 13-6A-6 13-6A-6 established collection charge. After the initial application, annual application shall be made by the head of household on July 1 of each year to verify annual income and eligibility. 3. In cases of extreme financial hardship, the city manager may, and is hereby authorized and empowered to, make adjustments in the monthly collection charges as the city manager may deem appro- priate. In such cases, the city manager shall have the authority to require such proof of vacancy, financial status, age or extreme hardship, as the city manager may deem necessary. 4. Class I premises when a family household of five (5) or more persons has an annual income equal to or less than the income standards used by HUD for its "section 8 housing program" for the size of that household may, upon application to the city manager, be exempted from one-half (1/2) the established collection charge. After the initial application, annual application shall be made by the head of household on July 1 of each year to verify annual income and eligibility. B. Class II Premises: 1. A fee of twelve dollars seventy four cents ($12.74) per month shall be paid to the city by the property owner of each class II premises for such services. Said fee shall be in payment for collection and disposal of one 35 -gallon can or one 35 -gallon trash bag of "solid waste" as defined. There is no limit on the number of bins allowed to be collected containing acceptable "recyclable materials" as defined. 2. The owner of a class 11 premises served by the city solid waste collection may provide the city manager with not less than fourteen (14) days' written notice of intent to terminate the service. Such termination of service shall be effective at the beginning of the next billing period after such fourteen (14) day notice period. C. Class 111 Premises: 1. A fee of twelve dollars seventy four cents ($12.74) per month shall be paid to the city by the property owner of each class 111 premises for such services. Said fee shall be in payment for collection and disposal of one 35 -gallon can or one 35 -gallon trash bag of "solid waste" as defined. There is no limit on the number of bins allowed to be collected containing acceptable "recyclable materials" as defined. April 2013 City of Dubuque 13-6A-6 13-6A-6 2. The owner of a class III premises served by city solid waste collection may provide the city manager with not less than fourteen (14) days' written notice of intent to terminate the service. Such termination of service shall be effective at the beginning of the next billing period after such fourteen (14) day notice period. D. Unit Based Pricing: Collection options and charges under unit based pricing for class I, II and III premises are as follows: 1. A yearly subscription for weekly collection of an additional standard solid waste container, or containers, may be subscribed for an additional eight dollars ($8.00) each per month. 2. Oversize, nonstandard rigid solid waste containers of up to fifty (50) gallons in capacity may be subscribed as the one container covered under the base monthly solid waste fee for an additional five dollars ($5.00) per month. Such containers shall be holders for standard trash bags for manual removal by city crews, shall not contain any loose material, and shall not be lifted and dumped by crews. Individual trash bags held in the oversized container shall weigh no more than forty (40) pounds. 3. A yearly subscription for weekly collection of an additional oversized solid waste container, or containers, may be subscribed for an additional twelve dollars ($12.00) each per month. 4. Solid waste carts, owned by the city for semiautomated lifting, may be subscribed by owners and/or property managers of class I, II and III premises. The customer shall choose the number and size of the cart. The fee for a sixty four (64) gallon city cart shall be twenty two dollars ($22.00) each per month. The fee for a ninety six (96) gallon city cart shall be thirty three dollars ($33.00) each per month. 5. Official city of Dubuque single use stickers costing one dollar fifty cents ($1.50) shall be applied to each additional standard solid waste container or small bulky or bundled item in excess of the one standard solid waste container collected under the base monthly solid waste fee or any additional subscribed container(s). 6. Multiple -family dwellings of three (3), four (4), five (5), and six (6) dwelling units as well as class II or class III premises sharing a common set out location with other city solid waste customers shall only use approved rigid solid waste containers with permanent identification as to the specific premises. However, for the two (2) April 2013 City of Dubuque 13-6A-6 13-6A-7 weeks following Christmas, excess solid waste may be set out in trash bags with applied city of Dubuque single use stickers. 7. In alleys where solid waste carts, owned by the city for semi - automated lifting, are required to be subscribed by owners, tenants and/or property managers of class 1, 11, and 111 premises where the approved set out location is in an alley. The customer shall choose the number and size of the cart(s). Such carts shall be subscribed according to a fee schedule and program requirements as approved by the city manager. E. Special Collection: The charge for a special collection service for large and bulky rubbish to each dwelling unit receiving such service when requested by the owner shall be as follows: 1. A fee of ten dollars ($10.00) 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. 2. An additional fee of twelve dollars fifty cents ($12.50) shall be paid for each additional three (3) cubic yards of solid waste. 3. An additional fee for tires, equal to the disposal fees charged at the Dubuque metro landfill, shall be paid to the city by the owner for each tire. 4. An additional fee of ten dollars ($10.00) shall be paid to the city by the owner for each appliance collected in the service. 5. An additional fee of ten dollars ($10.00) shall be paid to the city by the owner for each collection requested by the owner to be scheduled for service on a day not receiving weekly collection at the service address. 6. An additional fee of ten dollars ($10.00) shall be paid to the city by the owner for each collection requested by the owner to be scheduled for immediate service or whenever crews are sent back to the service address to collect items that were not properly set out on time as previously scheduled. (Ord. 13-13, 2-28-2013, eff. 7-1-2013) 13-6A-7: 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 April 2013 City of Dubuque 16-10-1 16-10-1 SECTION: 16-10- 1: 16-10- 2: 16-10- 3: 16-10- 4: 16-10- 5: 16-10- 6: 16-10- 7: 16-10- 8: 16-10- 9: 16-10-10: 16-10-11: 16-10-12: 16-10-13: 16-10-14: 16-10-15: CHAPTER 10 HISTORIC PRESERVATION COMMISSION APPLICATIONS AND PROCEDURES Purpose And Intent Definitions Historic Preservation Commission Established Commission Organization Powers And Duties Generally Identification And Designation Of Landmarks, Sites And Historic Districts Designated Landmarks, Sites And Historic Districts Demolition Of Landmarks, Sites And Historic Districts Alteration Of Landmarks, Historic Properties And Sites Standards For Review Review Of Demolition Permits In Conservation Districts Conservation Planning Areas Appeals From Commission Action Inspection Violations; Penalties 16-10-1: PURPOSE AND INTENT: The purpose of this chapter is to: A. 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, archeological and cultural significance; B. Safeguard the city's prehistoric, historic, aesthetic, architectural, archeological and cultural heritage by preserving historic properties, districts, landmarks, and landmark sites of historical, architectural and cultural significance; C. Stabilize and improve property values; City of Dubuque 16-10-1 16-10-2 D. Foster civic pride in the legacy of beauty and achievements of the past; E. Protect and enhance the city attractions to tourists and visitors and the support and stimulus to business thereby provided; F. Strengthen the economy of the city; and G. Promote the use of properties, districts, landmarks, and landmark sites of prehistoric, historic, architectural, archeological and cultural significance as sites for the education, pleasure and welfare of the people of the city. (Ord. 52-09, 10-19-2009) 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. ARCHEOLOGICAL A determination based on the following criteria: SIGNIFICANCE: 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 char- acteristics of an architectural type or specimen City of Dubuque 16-10-6 16-10-6 16-10-6: IDENTIFICATION AND DESIGNATION OF LANDMARKS, SITES AND HISTORIC DISTRICTS: A. Generally: The commission may conduct studies for the identification and nomination of landmarks, landmark sites, individually designated historic properties and historic districts, as defined by this chapter. The commission may proceed on its own initiative or upon a petition from any person, group or association. B. Nomination: 1. Landmarks And Landmark Sites: The nomination of landmarks and landmark sites shall be initiated by an application submitted to the commission by the property owner on a form supplied by the commission. 2. Historic Districts: The designation of historic districts shall be initiated by a nomination for such designation. A nomination shall be made to the commission on a form prepared by it and may be submitted by a member of the commission, the owner of record of property within a proposed historic district, the city council, or any other person or organization. When a commissioner, as a private citizen, nominates a historic district for designation, the nominating commissioner shall abstain from voting on the designation. This provision shall not extend to a designation motion presented by a commissioner as part of commission proceedings. 3. Individually Designated Historic Properties: The nomination of individually designated historic properties shall be initiated by an application submitted to the commission by the property owner on a form supplied by the commission. C. Criteria For Consideration Of Nomination: The commission shall, upon such investigation as it deems necessary, make a determination as to the following: 1. The nominated property, structure, object, site or area: a. Is of "architectural significance", as defined by this chapter; or b. Is associated with events that have made a significant contribution to the broad patterns of the history of the city of Dubuque, Dubuque County, the state of Iowa or the nation; or City of Dubuque 16-10-6 16-10-6 c. Is associated with the lives of persons significant in the past of the city of Dubuque, Dubuque County, the state of Iowa or the nation; or d. Has yielded, or may be likely to yield, information important in prehistory or history; and 2. The structure, property, object, site or area has sufficient integrity of location, design, materials and workmanship to make it worthy of preservation or restoration; and 3. The structure, property, object, site or area is at least fifty (50) years old, unless the commission determines that it has achieved significance within the past fifty (50) years and is of exceptional importance. D. Notification Of Nomination: Within sixty (60) days after receipt of a completed nomination in proper form, the commission shall hold a public hearing. Notice that a nomination for designation is being considered and the date, time, place and purpose of the public hearing shall be sent by certified mail, at least fourteen (14) days prior to the date of the hearing, to the owner(s) of record of the nominated landmark or landmark site, nominated individually designated historic property, or property within the nominated historic district and to the nominator(s). Notice shall also be published in a newspaper having general circulation in the city. The notice shall state the street address and legal description of a nominated landmark or landmark site or the boundaries of a nominated district. E. Public Hearing: Oral or written testimony concerning the significance of the nominated landmark, landmark site or historic district shall be taken at the public hearing from any interested person. The commission may request expert testimony, consider staff reports or present its own evidence regarding the compliance of the nominated landmark, landmark site, individually designated historic property or historic district with the criteria set forth in subsection C of this section. The owner of any nominated landmark, landmark site, individually designated historic property or of any property within a nominated historic district shall be allowed a reasonable opportunity to present evidence regarding the nomination, shall be afforded the right of representation by counsel and shall be given reasonable opportunity to cross examine expert witnesses. The hearing shall be closed upon completion of testimony. City of Dubuque 16-10-6 16-10-6 F. Determination By Commission, Recommendation And Report: Within thirty (30) days following the close of the public hearing, the commission shall make a determination upon the evidence as to whether the nominated landmark, landmark site, individually desig- nated historic property or historic district does or does not meet the criteria for designation. Such determination shall be made in an open meeting by resolution of the commission, shall be reduced to writing in the form of a recommendation and shall be supported by a written report in support of the nomination. The commission's recommenda- tion on the nomination of a landmark, landmark site, individually designated historic property or historic district, and its supporting report, shall be transmitted to the city council, and shall include a proposed ordinance or amendment establishing such landmark, landmark site, individually designated historic property or historic district and describing its location and boundaries by address and legal description. G. Action By City Council: 1. The city council shall submit the proposed ordinance or amendment to the state historic preservation office for review and recommendations at least thirty (30) days prior to the date of any public hearing conducted by the city council. Any recommendations made by the state historic preservation office shall be made available by the city to the public for viewing during normal working hours at a city government place of public access. 2. Upon receipt of the recommendation and report of the commission, and after having received a recommendation from the state historic preservation office or if the thirty (30) day waiting period has lapsed since submission of the request for such recommendation, the city council shall conduct a public hearing on the ordinance or amendment establishing the proposed landmark, landmark site, individually designated historic property or historic preservation district. After public hearing, the city council shall approve or disapprove the ordinance or amendment, or refer the nomination back to the commission for modification. A modified nomination shall require compliance with the same procedure for designation as set forth above. 3. City council approval of the ordinance or amendment shall constitute designation of the landmark, landmark site, individually designated historic property or historic district. City of Dubuque 16-10-6 16-10-7 H. Amendment And Rescission Of Designation: A designation may be amended or rescinded upon petition to the commission and compliance with the same procedure and according to the same criteria as set forth above for designation. (Ord. 52-09, 10-19-2009) 16-10-7: DESIGNATED LANDMARKS, SITES AND HISTORIC DISTRICTS: A. Historic Districts: 1. Langworthy Historic Preservation District: The properties here- inafter described are hereby designated as a historic preservation district, according to the provisions of this chapter: All of Lots 1 through 3, inclusive; all of Lot 4 excepting the northerly ten (10) feet thereof, all of the south half of Lot 6; all of Lots 12 through 16, inclusive; and all of Lots 12A through 16A, inclusive; all being in Paulina Langworthy's Addition. The west fifteen (15) feet of lot 4; all of Lot 5, and Lot 6; all being in McCoy Subdivision. All of Lots 1 through 6, inclusively, of Lot 2 and Lot 3; all of Lot 4; and all of Lots 5 through 8, inclusive, excepting the northerly twelve (12) feet of all of them; all being in Mrs. L. A. Langworthy's Addition. All of Lots 1 through 12, inclusive; all of Lots 17 through 21, inclusive; and all of Lots 9 through 53, inclusive; all being in Julia Langworthy's Addition. Lots 1 through 4, inclusive; Lot 1 of Lot 6; Lots 28 through 32, inclusive; Lot 1 of Lot 1 of Lot 1 of Lot 33; and Lot 1 of Lot 2 of Lot 2 of Lot 33; all being in T. S. Nairn's Dubuque Addition. 2. Old Main Historic Preservation District: The properties hereinafter described are hereby designated as a historic preservation district, according to the provisions of this chapter: All of city Lots 1 through 12, inclusive; all of city Lots 69 through 80, inclusive; and the south sixty-four (64) feet of Lot 1 Block XV of Dubuque Downtown Plaza. 3. Jackson Park Historic Preservation District: The properties hereinafter described are hereby designated as a historic preservation district, according to the provisions of this chapter: Beginning at the intersection of West 17th and Heeb Streets, north along Heeb Street to the south line of M. A. Rebman's City of Dubuque 16-10-7 16-10-7 7. Shot Tower: The property hereinafter described is hereby desig- nated as a landmark, according to the provisions of this chapter: The Shot Tower structure situated on River Front Sub 1, located at terminus of Commercial Street. 8. Four Mounds Estate Landmark Site: The property hereinafter described is hereby designated as a landmark site, according to the provisions of this chapter: The buildings, structures, objects, sites, and property situated on Lot 1-1-2-1 & Lot 1-1-2-1-1 of SW -NW & Gov 1 & min Lot 331 & Lot 1 -7 -SW & Lot 2 -NW -NW all in Sec 1 of T89N-R2E & Lot 1 & Lot 2-1-1-1 of Sub of 1-7 SW and SW of NW Sec 1 T89N-R2E & Gov Lot 1 a/k/a min Lot 331 & Lot 1-1-4, 2-2-4, 2-1-2-4, Lot 2 & 3 of SW Sec 1 of T89N-R2E & Lot 1 Fountain Hill re -sub & Lot 16 John Deere Dub Tractor Works & Lot 2-1-1-2-2 of SE 1/4 NE 1/4 Sec 2 of T89N-R2E 5th, commonly known as 4900 Peru Road. 9. Carnegie Stout Public Library: The property hereinafter described is hereby designated as a landmark, according to the provisions of this chapter: The buildings situated on City Lot 658A, City Lot 659, City Lot 660, balance of City Lot 658, commonly known as 360 West 11th Street. (Ord. 52-09, 10-19-2009) 10. White Water Creek Bridge: The property hereinafter described is hereby designated as a landmark, according to the provisions of this chapter: The span of bridge situated on Lot H Dubuque Industrial Center West Final Plat, commonly known as the Bergfeld Recreation Area, 7600 Chavenelle Drive. (Ord. 4-12, 2-6-2012) C. Individually Designated Historic Properties: The properties herein- after described are hereby designated as individually designated historic properties, according to provisions of this chapter: 1. The buildings, structures, objects, sites, and property situated on E 1/2 Lot 36, E 15' W 1/2 Lot 36, Lot 37 Prospect Hill Addition, commonly known as 565 Fenelon Place. April 2012 City of Dubuque 16-10-7 16-10-8 2. The buildings, structures, objects, sites and property situated on Lots 22 & 23 and the N 46 feet of Lot 25 LH Langworthy's Sub, also known as 216 Clarke Drive. 3. The buildings, structures, objects, sites and property situated on Lots 16 and 17 of the West 1/2 of Block 1 of Dubuque Harbor Company Addition to the City of Dubuque, Iowa, also known as 40 & 42 Main Street. (Ord. 52-09, 10-19-2009) 4. The buildings, structures, objects, sites and property situated on Lot 20 Staffords Add., also known as 2537 Windsor Avenue. 5. The buildings, structures, objects, sites and property situated on Lots 13, 14 & 15 of W 1/2 Blk 1 Dubuque Harbor Co. Add., also known as 44 Main Street. (Ord. 3-10, 1-19-2010) 16-10-8: DEMOLITION OF LANDMARKS, SITES AND HISTORIC DISTRICTS: A. Demolition Generally: Demolition of landmarks, landmark sites, individually designated historic properties or structures within historic districts is prohibited unless, upon application and after hearing, the commission issues a certificate of appropriateness or a certificate of economic nonviability pursuant to section 16-10-9 of this chapter. B. Demolition By Neglect Prohibited: The owner of a building or struc- ture in any historic district, or of a landmark or landmark site, or individually designated historic property shall keep in good repair all the exterior portions of such buildings or structures and all interior portions thereof whose maintenance is necessary to prevent deterioration and decay of any exterior portion. This shall be in addition to all other provisions of law requiring property and improvements to be kept in good repair. The owner shall repair the building or structure to correct any of the following defects as determined by the city building official: 1. Parts which are improperly or inadequately attached so that they may fall and injure persons or property; 2. A deteriorated or inadequate foundation; 3. Defective or deteriorated floor supports or floor supports that are insufficient to carry the Toads imposed; April 2012 City of Dubuque 16-10-8 16-10-8 4. Walls, partitions, or other vertical supports that split, lean, list, or buckle due to defect or deterioration or are insufficient to carry the load imposed; 5. Ceilings, roofs, ceiling or roof supports, or other horizontal members which sag, split, or buckle, due to defect or deterioration or are insufficient to support the load imposed; April 2012 City of Dubuque 16-10-8 16-10-8 6. Fireplaces and chimneys which list, bulge, or settle due to defect or deterioration or are of insufficient size or strength to carry the loads imposed; 7. Deteriorated, crumbling, or loose exterior stucco or mortar; 8. Deteriorated or ineffective waterproofing of exterior walls, roofs, foundations, or floors, including broken windows and doors; 9. Defective or lack of weather protection for exterior wall coverings, foundations or floors, including broken windows and doors; 10. Any default, defect, or condition in the structure which renders it structurally unsafe or not properly watertight; 11. Deterioration of any exterior feature so as to create a hazardous condition which could make demolition necessary for the public safety; 12. Deterioration or removal after the effective date hereof of any unique architectural feature which would detract from the original architectural style; 13. Deterioration of exterior stairs, porches, handrails, window and door frames, cornices, wall facings, and architectural details that cause instability, loss of shape and form, or crumbling; 14. Rotting, holes, and other forms of decay; or 15. Leaving a building or structure open or vulnerable to vandalism, decay by the elements, or animal and/or insect infestation. C. Emergency/Hazard Removal: In the event that a building or structure becomes damaged by fire, or other calamity or disaster, to such an extent that the building official determines it cannot reasonably be repaired and restored, or it poses an immediate risk to public safety and well being, after consultation with a licensed architect or engineer in determining whether a building or structure can be reasonably repaired, stabilized or restored, any portion thereof may be removed in conformance with applicable laws. (Ord. 52-09, 10-19-2009) City of Dubuque 16-10-9 16-10-9 16-10-9: ALTERATION OF LANDMARKS, HISTORIC PROPERTIES AND SITES: A. No regulated permit or site plan approval for the alteration of landmarks, individually designated historic properties, landmark sites or structures in historic districts may be issued prior to review and action by the commission unless a determination of no material effect has been made in accordance with this chapter. B. Nothing in this chapter shall be construed to prevent ordinary maintenance or repair of any landmark, landmark site or structure or site within a historic district where such maintenance or repair does not involve a material change of appearance which necessitates issuance of a regulated permit or site plan approval. C. An application for a regulated permit or site plan approval shall be made to the appropriate city official. The application shall state or the appropriate city official shall determine whether the proposed work or activity is to be done on a landmark, landmark site, individually designated historic property or on a structure within a historic district. D. If the application demonstrates no material effect as recognized by this chapter, then the city planner may issue a determination of no material effect, which shall authorize the proposed work or activity to proceed. If a permit application does not demonstrate compliance with the standards for a determination of no material effect, then an application must be made for commission review of the proposed work or activity. The application for commission review shall be filed in the planning services department. E. Unless otherwise mutually agreed upon by the applicant and the commission, the commission shall, within sixty (60) days after an application is determined to be complete, review the proposed work or activity to determine whether it complies with the standards specified in this chapter. In the event the commission does not approve or deny an application within sixty (60) days after submittal of a complete application, such application shall be deemed to have received approval by the commission unless the applicant has consented to an extension of the sixty (60) day period. The commis- sion shall issue a certificate of appropriateness if, after conducting a review of the application, it finds: 1. That the property owner or the property owner's representative has established that the proposed work or activity complies with the City of Dubuque 16-10-9 16-10-9 standards specified in this chapter and conforms to the purpose and intent of this chapter; and 2. That creating, changing, destroying or affecting the exterior architectural features of the structure, improvement or site upon which the work is to be done will not have a substantial adverse effect on the aesthetic, historic or architectural significance and value of either the property itself or of the neighboring improvements in a district. 3. In reviewing the proposed work or activity, the commission may confer with the applicant or the applicant's authorized representative. The commission may require submission of such additional draw- ings, sketches, photographs or other exhibits, as it deems reasonably necessary for consideration of the application. F. The issuance of a certificate of appropriateness shall enable the applicant to obtain a regulated permit or site plan approval and to proceed with the proposed work or activity. G. If the commission disapproves the proposed work or activity, it shall state its reasons and shall transmit to the applicant a written record of its disapproval. The commission may propose revisions to the applicant's proposal, which, if adopted by the applicant, would cause the commission to reconsider its disapproval. The applicant may make modifications to the proposed project and shall have the right to resubmit a modified proposal at any time. H. The commission shall also issue a certificate of appropriateness, if, after conducting a review of preservation alternatives, it finds: 1. That the property owner or the property owner's representative has established that the preservation alternatives for the proposed work or activity conform to the purpose and intent of this chapter; and 2. That creating, changing, destroying or affecting the exterior architectural features of the structure, improvement or site upon which the work or activity is to be done will not have a substantial adverse effect on the aesthetic, historic or architectural significance and value of either the property itself or of the neighboring improvements in a district. I. Prior to filing an application for a certificate of economic nonviability, as provided for in subsection J of this section, the applicant shall file City of Dubuque 16-10-9 16-10-9 an application for a review of preservation alternatives. This application shall document the applicant's attempts to evaluate and obtain "preservation alternatives", including, but not limited to, financing, tax incentives, preservation grants, restoration alternatives and other incentives sufficient to allow the applicant to earn a reasonable economic return from the property. 1. After a review of the preservation alternatives, the commission shall approve or disapprove the proposed project. 2. If the proposed project is approved, the commission shall issue a certificate of appropriateness. 3. If the commission disapproves the proposed project, it shall state its reasons and shall transmit to the applicant a written record of its disapproval. The commission may propose appropriate revisions of the applicant's proposal that, if adopted by the applicant, would cause the commission to reconsider its disapproval. The applicant may make modifications to the proposed project and shall have the right to resubmit a modified proposal at any time. J. If the commission disapproves such proposed project after a review of preservation alternatives, it may, upon application or on its own motion, consider issuing a certificate of economic nonviability. 1. Certificate Of Economic Nonviability: Upon application or motion for a certificate of economic nonviability, the commission shall schedule a public meeting on that application or motion. 2. Data To Be Provided By Applicant: The commission may solicit expert opinion or require that the applicant for a certificate of economic nonviability make submissions concerning any or all of the following information before rendering its decision: a. Estimate of the cost of the proposed work or activity and an estimate of any additional cost that would be incurred to comply with the recommendations of the historic preservation commission for changes necessary for the issuance of a certificate of appropriate- ness. b. A report from a licensed engineer or architect with experience in rehabilitation as to the structural soundness of any structures and their suitability for rehabilitation. City of Dubuque 16-10-9 16-10-9 c. Estimated market value of the property in its current condition; after completion of the proposed construction, alteration, demolition or removal; after any changes recommended by the commission; and, in the case of a proposed demolition, after renovation of the existing property for continued use. d. In the case of a proposed demolition, an estimate from an architect, developer, real estate consultant, appraiser or other real estate professional experienced in rehabilitation, as to the economic feasibility of rehabilitation or reuse of the existing structure on the property. e. The amount paid for the property, the date of purchase and the person from whom purchased, including a description of the relationship, if any, between the owner of record or the applicant and the person from whom the property was purchased, and any terms of financing between the seller and buyer. f. If the property is income producing, the annual gross income from the property for the previous two (2) years. g. ltemized operating and maintenance expenses for the previous two (2) years; and depreciation deduction and annual cash flow before and after debt service, if any, during the same period. h. The remaining balance on any mortgage or other financing secured by the property and annual debt service, if any, for the previous two (2) years. i. All appraisals obtained within the previous two (2) years by the owner or applicant in connection with the purchase, financing or ownership of the property. j. Any listing of the property for sale or rent, price asked and offers received, if any, within the previous two (2) years. k. The assessed value of the property according to the two (2) most recent assessments. I. The amount of real estate taxes for the previous two (2) years and whether or not they have been paid. m. The form of ownership or operation of the property, whether sole proprietorship, for profit or not for profit corporation, limited partnership, joint venture or other. City of Dubuque 16-10-9 16-10-9 n. Any other information considered necessary by the commis- sion to make a determination as to whether the property does yield or may yield any reasonable economic return to the property owner(s), including, but not limited to, the income tax bracket of the owner(s) or applicant(s) or of the principal investor(s) in the property. o. Proof of the applicant's efforts to obtain financing, tax incentives, preservation grants and other incentives sufficient to allow the applicant to earn a reasonable and an economic return from the property. p. A showing of the applicant's efforts in ongoing maintenance and repair. 3. Issuance Or Postponement Of Certificate: If the commission, after review of the evidence submitted, finds that disapproval of the proposed work would prevent the property owner from earning any reasonable economic return from the property, the commission shall: a. Immediately issue a certificate of economic nonviability; or b. At its discretion, postpone, for a period not to exceed one hundred eighty (180) days, the issuance of a certificate of economic nonviability. During this time, the commission shall investigate strategies which would allow the property owner to earn a reasonable economic return from the property. No regulated permit shall be issued during this time unless a certificate of appropriate- ness has been secured. If, at the end of the one hundred eighty (180) day period, the commission, after a public meeting, finds that the property owner still cannot earn any reasonable economic return from the property, it shall issue a certificate of economic nonviability. 4. Denial Of Certificate: If the commission finds, after initial review or after the one hundred eighty (180) day period of postponement, that the property owner has, in fact, earned or is able to earn a reasonable economic return from the property, then the commission shall deny the application for a certificate of economic nonviability. K. The failure of the commission to approve or disapprove an applica- tion for a certificate of appropriateness within sixty (60) days from the date of the filing of the application for a certificate of appropriateness, unless an extension is agreed upon mutually by the applicant and the commission, shall be deemed to constitute approval, unless within such sixty (60) days the commission has made a determination of economic nonviability and has suspended City of Dubuque 16-10-9 16-10-10 its decision regarding a certificate of economic nonviability pursuant to subsection J3b of this section. L. The certificate of appropriateness shall expire and become null and void unless the regulated permits are secured within sixty (60) days from the date of its issuance. M. All required permits shall be secured and work shall commence within sixty (60) days from the date of the issuance of the certificate of appropriateness and be completed within such time as the building official shall determine is reasonable under all of the circumstances, but not longer than two (2) years after its issuance. The building official is authorized to grant, in writing, one or more extensions of time, for periods not to exceed one hundred eighty (180) days each. The extensions shall be requested in writing and justifiable cause demonstrated. N. The transfer of a determination of no material effect, a certificate of appropriateness or a certificate of economic nonviability from one structure, improvement or site to another structure, improvement or site or from one person to another is prohibited. O. Each determination of no material effect, certificate of appropriate- ness or certificate of economic nonviability issued under the provisions of this chapter shall expire and become null and void if the work or activity for which the determination of no material effect, certificate of appropriateness or certificate of economic nonviability was issued is not commenced within one year of its issuance. (Ord. 52-09, 10-19-2009) 16-10-10: STANDARDS FOR REVIEW: A. The commission shall consider each design review on the merits of the individual case, with due deliberation given to each proposed change(s) and its sympathetic relationship to the specific historic setting, architectural or historic significance, extent of previous alteration, use of original materials and quality of design of the existing structure or site. Commission approval of a particular type of alteration or activity shall not establish a binding precedent for future commission action, but may constitute an additional factor to be considered in subsequent design reviews involving the same type of alteration or activity. City of Dubuque 16-10-10 16-10-11 B. The "secretary of interior's standards and guidelines for archaeology and historic preservation", the "secretary of interior's standards and guidelines for the treatment of historic properties", codified as 36 CFR 68, as amended, and the "secretary of the interior's standards for rehabilitation and guidelines for rehabilitating historic buildings", shall provide the guidelines by which the commission shall review an application for a certificate of appropriateness or certificate of economic nonviability, and any subsequent revisions of these standards and guidelines by the secretary of the interior shall be adopted by the commission. C. The commission shall also be guided by the "Architectural Guidelines For Historic Structures In The Historic Districts Of The City Of Dubuque, Iowa"; the "Streetscape And Landscape Guidelines For The Historic Districts Of The City Of Dubuque, Iowa"; and any design standards specified in the ordinance or amendment designating the landmark, landmark site or historic district. D. The commission shall consider the factors of architectural style, scale, mass, arrangement, texture, materials, and any other pertinent factors. The proposed work shall be appropriate for and shall restore, preserve, or enhance features of buildings or structures. The proposed work shall not adversely affect the exterior architectural features of the building or structure, nor shall the proposed work adversely affect the character or special historical, architectural or aesthetic value of the property and its setting. The proposed work also shall conform to such further standards as may be embodied in the ordinance. (Ord. 52-09, 10-19-2009) 16-10-11: REVIEW OF DEMOLITION PERMITS IN CONSERVATION DISTRICTS: A. Application Of Section: The provisions of this section shall apply to all buildings located in whole or in part within the following described conservation districts: 1. 4th Street Neighborhood Conservation District: Beginning at the intersection of 7th and Bluff Streets, thence southerly along Bluff Street to its intersection with West 5th Street; thence westerly along West 5th Street to its intersection with the northerly extension of Raymond Street; thence southerly along Raymond Street and its northerly and southerly extensions to its intersection with West 3rd Street; thence easterly along West 3rd Street to its intersection with St. Mary's Street; thence southerly along St. Mary's Street to its City of Dubuque 16-10-11 16-10-11 intersection with Emmett Street; thence easterly along Emmett Street to its intersection with Bluff Street; thence southerly along Bluff Street to its intersection with 1st Street; thence easterly along 1st Street to its intersection with the alley between Bluff and Locust Streets; thence northerly along the alley between Bluff and Locust Streets to its intersection with West 5th Street; thence easterly along West 5th Street to its intersection with Locust Street; thence northerly along Locust Street to its intersection with 7th Street; thence westerly along 7th Street to its intersection with Bluff Street which is the point of beginning. 2. Fenelon Place Neighborhood Conservation District: Beginning at the intersection of West 5th and Burch Streets, thence southerly along Burch Street to its intersection with West 3rd Street; thence easterly along West 3rd Street to its intersection with the southerly extension of Raymond Street; thence northerly along Raymond Street and its southerly and northerly extensions to its intersection with West 5th Street; thence westerly along West 5th Street to its intersection with Burch Street which is the point of beginning. 3. 3rd Street Neighborhood Conservation District: Beginning at the intersection of West 3rd and Hill Streets thence southwesterly along Hill Street to its intersection with Langworthy Street; thence northwesterly along Langworthy Street to its intersection with Alpine Street; thence northeasterly along Alpine Street to its intersection with West 3rd Street; thence northwesterly along West 3rd Street to its intersection with Nevada Street; thence northeasterly along Nevada Street to its intersection with West 5th Street; thence southeasterly along West 5th Street to its intersection with Alpine Street; thence southerly along Alpine Street to its intersection with Melrose Terrace; thence southeasterly along Melrose Terrace and its southeasterly extension to its intersection with Winona Street; thence southwesterly along Winona Street to its intersection with West 3rd Street; thence southeasterly along West 3rd Street to its intersection with Hill Street which is the point of beginning. (Ord. 52-09, 10-19-2009) 4. Washington Street Neighborhood Conservation District: Beginning at the intersection of E. 22nd Street and Kniest Street, thence southeasterly along Kniest Street to its intersection with Garfield Avenue, thence southwesterly along Garfield Avenue to its intersection with the City alley located between Elm Street and Kniest Street, thence southeasterly along the City alley to its intersection with E. 18th Street, thence southwesterly along E. 18th Street to its intersection with the City alley located between the Iowa May 2011 City of Dubuque 16-10-11 16-10-11 Chicago and Eastern Railroad right-of-way and Elm Street, thence southeasterly along the City alley to its intersection with E. 17th Street, thence northeasterly along E. 17th Street to its intersection with the Iowa Chicago and Eastern Railroad right-of-way, thence southeasterly along the Iowa Chicago and Eastern Railroad right-of-way to its intersection with E. 16th Street, thence southwesterly along E. 16th Street to its intersection with Elm Street, thence southeasterly along Elm Street to its intersection with E. 15th Street, thence northeasterly along E. 15th Street to its intersection with the City alley located between Elm Street and Pine Street, thence southeasterly along the City alley located between Elm Street and Pine Street to its intersection with E. 14th Street, thence southwesterly along E. 14th Street to its intersection with the City alley located between Elm Street and Pine Street, thence southeasterly along the City alley located between Elm Street and Pine Street to its intersection with E. 12th Street, thence southwesterly along E. 12 Street to its intersection with Elm Street, thence southeasterly along Elm Street to its intersection with E. 11th Street, thence southwesterly along E. 11th Street to its intersection with W. 11th Street, thence southwesterly along W. 11th Street to its intersection with the City alley located between Central Avenue and Iowa Street; thence northwesterly along the City alley to its intersection with the City Hall access driveway, thence southwesterly along the City Hall access driveway to its intersection with Iowa Street, thence northwesterly along Iowa Street to its intersection with Loras Boulevard; thence northeasterly along Loras Boulevard to its intersection with the City alley located between Iowa Street and Central Avenue, thence northwesterly along the City alley to its intersection with W. 17th Street, thence northeasterly along W. 17th Street to its intersection with Heeb Street; thence northwesterly along Heeb Street to its intersection with the northern boundary of Parcel #10-24-252-018; thence northeasterly along the northern boundary of Parcel #10-24-252-018 to its intersection with the west boundary of Parcel #10-24-252-017; thence northwesterly along the west boundary of Parcel #10-24-252-017 to its intersection with the south boundary of Parcel #10-24-252-015, thence northeasterly along the south boundary of Parcel #10-24-252-015 to its inter- section with the west boundary of Parcel #10-24-252-013, thence northwesterly along the west boundary of Parcel #10-24-252-013 to its intersection with Heeb Street, thence northwesterly along Heeb Street to its intersection with Kaufmann Avenue, thence north- easterly along Kaufmann Avenue to its intersection with 22nd Street thence northeasterly along 22nd Street to its point of origin at the intersection of E. 22nd Street and Kniest Street excluding the area beginning at the intersection of E. 14th Street and Jackson Street, May 2011 City of Dubuque 16-10-11 16-10-11 thence southeasterly along Jackson Street to its intersection with E. 13th Street, thence southwesterly along E. 13th Street to its intersection with White Street, thence northwesterly along White Street to its intersection with E. 14th Street, thence northeasterly along E. 14th Street to its point of origin at the intersection of E. 14th Street and Jackson Street. This subsection shall not apply to an application for a demolition permit for properties being acquired and demolished for the Bee Branch Creek restoration project. (Ord. 15-11, 2-22-2011) 5. Jackson Park Neighborhood Conservation District: Beginning at the intersection of 14th Street and Central Avenue thence westerly along 14th Street to its intersection with Iowa Street; thence southerly along Iowa Street to its intersection with 10th Street; thence westerly along 10th Street to its intersection with Bluff Street; thence northerly along Bluff Street to its intersection with Locust Street; thence northwesterly along Locust Street to its intersection with Ellis Street; thence northerly along Ellis Street and its northerly extension to its intersection with Clarke Drive; thence northwesterly along Clarke Drive to its intersection with Paul Street; thence northeasterly along Paul Street to its intersection with Lowell Street; thence southeasterly along Lowell Street to its intersection with North Main Street; thence southerly along North Main Street to its intersection with Clarke Drive; thence southeasterly along Clarke Drive and its southeasterly extension to its intersection with Central Avenue; thence southerly along Central Avenue to its intersection with 14th Street which is the point of beginning. 6. West 11th Street Neighborhood Conservation District: Beginning at the intersection of 9th and Bluff Streets thence westerly along 9th Street to its intersection with University Avenue; thence westerly along University Avenue to its intersection with Spruce Street; thence northerly along Spruce Street to its intersection with West 11th Street; thence westerly along West 11th Street to its intersection with Walnut Street; thence northerly along Walnut Street to its intersection with Loras Boulevard; thence westerly along Loras Boulevard to its intersection with Cox Street; thence northerly along Cox Street to its intersection with the westerly extension of West 16th Street; thence easterly along West 16th Street and its westerly extension to its intersection with Montrose Terrace; thence northerly along the northeasterly extension of Montrose Terrace to its intersection with West Locust Street; thence southeasterly along West Locust Street to its intersection with Bluff Street; thence May 2011 City of Dubuque 16-10-11 16-10-11 southerly along Bluff Street to its intersection with 9th Street which is the point of beginning. 7. Broadway Street Neighborhood Conservation District: Beginning at the intersection of West 23rd Street and Central Avenue thence westerly along West 23rd Street to its intersection with Lewis Street; thence northwesterly along Lewis Street to its intersection with Fulton Street; thence northerly along Fulton Street to its intersection with King Street; thence easterly along King Street and its easterly extension to its intersection with Central Avenue; thence southerly along Central Avenue to its intersection with West 23rd Street which is the point of beginning. May 2011 City of Dubuque 16-10-11 16-10-11 8. Downtown Neighborhood Conservation District: Beginning at the intersection of White Street and 11th Street, thence southerly along White Street to its intersection with 5th Street; thence easterly along 5th Street to its intersection with the railroad tracks; thence easterly along the railroad tracks to their intersection with the Mississippi River; thence southerly along the riverfront across the Ice Harbor to the eastern terminus of 1st Street; thence westerly along 1st Street to its intersection with U.S. Highway 61/151; thence southerly along U.S. Highway 61/151 to its intersection with the Locust Street Connector; thence westerly along the Locust Street Connector and across Locust Street to Jones Street; thence westerly along Jones Street to its intersection with Bissell Lane; thence northerly along Bissell Lane extended to 1st Street; thence westerly along 1st Street to its intersection with Bluff Street; thence northerly along Bluff Street to its intersection with 5th Street; thence easterly on 5th Street to its intersection with Locust Street; thence northerly on Locust Street to its intersection with 7th Street; thence westerly on 7th Street to its intersection with Bluff Street; thence southerly on Bluff Street to its intersection with 5th Street; thence westerly along 5th Street to the bluff line; thence northerly along the bluff line to 9th Street; thence easterly along 9th Street to its intersection with Bluff Street; thence northerly along Bluff Street to its intersection with 10th Street; thence easterly along 10th Street to its intersection with Iowa Street; thence northerly along Iowa Street to its intersection with 14th Street; thence easterly along 14th Street to its intersection with White Street, thence southerly along White Street to its intersection with 13th Street, thence westerly along 13th Street to its intersection with Central Avenue, thence southerly along Central Avenue to its intersection with 11th Street, thence easterly along 11th Street to its intersection with White Street, which is the point of beginning. 9. Brewery Conservation District: Lot 2-7 of Mineral Lot 322, Lot 1-1-3-8 of Mineral Lot 322, and Lot 2-1 of Liebe's Subdivision No. 3 in the City of Dubuque, Iowa. B. Review Of Demolition Permits In Conservation Districts: Upon receiving an application for a demolition permit for any building subject to this section, the building official shall immediately notify the planning services department of such application. If the application is for any building with one or more dwelling units, the building official shall also immediately notify the housing and community development department. The applicant shall file the information required in this section with the historic preservation commission at the office of the planning services department by the application deadline established by the commission. If the City of Dubuque 16-10-11 16-10-11 application is for any building with one or more dwelling units, the planning services department shall provide the filed information to the housing and community development department. 1. At its next regular meeting, the commission shall approve or deny the application, or table the application for additional information for a specified period not to exceed ninety (90) days from the date of application with the commission. A failure of the commission to take action on the application within the ninety (90) day period, unless the applicant requests and the commission grants an extension of such time, shall constitute commission approval thereof. 2. The commission shall review all of the information submitted by the applicant and, if the application is for any building with one or more dwelling units, all of the information submitted by the housing and community development department, and shall make a determination as to the following: a. Whether the building proposed for demolition has historic or architectural significance to the community; and b. Whether denial of the proposed demolition permit would prevent the property owner from earning a reasonable economic return on the property. 3. If the commission finds that denial of the application would prevent the property owner from earning a reasonable economic return on the property, or that the building does not have any historical or architectural significance to the community, the commission shall approve the application. 4. If the commission finds that denial of the application would not prevent the property owner from earning a reasonable economic return on the property, and that the building has historical or architectural significance to the community, the commission shall deny the permit application. 5. If the applicant is the state of Iowa or a political subdivision of the state, the city council shall also make a determination as to whether the denial of the application would prevent the state or the political subdivision from accomplishing its governmental functions as follows: a. If, after weighing the interests and attempting to accommodate all conflicting governmental interests, the city council City of Dubuque 16-10-11 16-10-11 finds that denial of the application would prevent the state or the political subdivision from accomplishing its governmental functions, the city council shall approve the application. b. lf, after weighing the interests and attempting to accommodate all conflicting governmental interests, the city council finds that denial of the application would not prevent the state or the political subdivision from accomplishing its governmental functions, the city council may deny the application. 6. If the city council denies the application, it shall state its findings in writing and shall transmit a copy of such findings to the applicant. C. Historic And Architectural Significance Guidelines And Review Criteria: 1. The report, "Heritage Of Dubuque" dated March 1974 and filed on record on January 27, 1975, shall be considered as a comprehen- sive study for the historical preservation of the city and as one of the guides to be considered at such time as a demolition permit is applied for in a reference conservation district. The city of Dubuque's historic property inventory and any subsequent official architectural/ historical surveys/evaluations and nominations to the national register of historic places prepared for any buildings located within the conservation districts described in subsection A of this section also shall be considered as guidelines at such time. 2. In determining whether a building has historic or architectural significance, the commission shall consider an application for a demolition permit in accordance with the standards for review set forth in the secretary of the interior's "standards for identification and evaluation", and any subsequent revisions of these standards and guidelines by the secretary of the interior. The commission shall also consider a determination from the state historical preservation office as to the potential eligibility for listing of the building proposed for demolition on the national register of historic places. D. Economic Guidelines And Review Criteria: 1. In determining whether to approve or deny the application, the commission may consider the information set forth in this subsection. The commission may also investigate strategies which would allow the property owner to earn a reasonable economic return on the property, may solicit expert testimony, and may require that the City of Dubuque 16-10-11 16-10-11 applicant make submissions concerning any or all of the following information: a. A bid from a qualified contractor showing the cost of the proposed demolition. b. A report from a licensed engineer, architect or contractor with experience in rehabilitation as to the structural integrity of any structure that the applicant proposes to demolish. c. An opinion of the market value and the appraised value of the property by a realtor or appraiser: 1) in its current condition; 2) after completion of the proposed demolition; 3) after renovation of the existing property for continued use; and 4) all appraisals obtained within the last five (5) years for the property. d. An estimate from an architect, developer, real estate consultant, appraiser or other real estate professional experienced in rehabilitation of the cost: 1) to perform the repairs identified by the building services department and the housing and community devel- opment department if the structure contains one or more dwelling units; and 2) to rehabilitate the structure. e. The amount paid for the property, the date of purchase and the person from whom the property was purchased, a description of the relationship, if any, between the owner of record, the applicant and the person from whom the property was purchased, and the terms of the purchase or proposed purchase, including financing. f. If the property is income producing, form 1040 schedule E or equivalent for the previous two (2) years. g. Itemized operating and maintenance expenses for the previous two (2) years, and the depreciation deduction and annual cash flow before and after debt service, if any, during the same period. h. The name of all mortgagees and the balance of all mortgages or other financing secured by the property and annual debt service, if any, for the previous two (2) years. i. Any listing of the property for sale or rent, the price asked and offers received, if any, within the previous five (5) years. City of Dubuque 16-11-1 16-11-1 SECTION: 1: 2: 3: 4: 5: 6: 7: 8: 9: 9-1: 9-2: 9-3: 16-11-10: 16-11-11: 16-11-11-1: 16-1 1-11-2: 16-11-12: 16-11-13: 16-11-14: 16-11-15: 16-11-16: 16-11-17: 16-11-18: 16-11-19: 16-11-20: 16-11-21: 16-11-22: 16-11-23: 16-11-24: 16-11-1: A. CHAPTER 11 LAND SUBDIVISION Purpose And Intent Applicability Recording Of Subdivision Plats Exception Of Specific Subdivision Requirements Application Fee For Subdivision Plat Review Required Subdivisions Classified Application Requirements And Review Process Subdivision Design Standards Recreational Open Space Computation Of Recreational Open Space Required Responsibility For Site Preparation Ownership And Management Sustainable Subdivision Development Tools Conservation Subdivision Conservation Subdivision Design Criteria Conservation Subdivision Development Bonus Solar Subdivision Cottage Design Subdivision Blocks And Lots Streets Sidewalks Bikeways Utility Location Street Trees Water Supply Sanitary Sewer Stormwater, Grading And Erosion Control Obligation To Install Improvements Improvement Guarantees PURPOSE AND INTENT: The purpose of these regulations is to protect the public health, safety and general welfare. These regulations are intended to City of Dubuque May 2011 16-11-1 16-11-2 facilitate and to coordinate the subdivision of land within the city; to establish a consistent policy for plats submitted to the zoning advisory commission and the city council; and to enable the commis- sion and city council to ascertain whether such plats conform to the applicable statutes and ordinances. B. The intent of these regulations is as follows: 1. To guide the future growth and development of the community consistent with the city of Dubuque's adopted comprehensive plan. 2. To help identify those areas appropriate for development and those areas appropriate for conservation. 3. To preserve open space and environmentally sensitive areas such as wildlife habitat, riparian/wetland areas, by concentrating development, where feasible. 4. To provide open space areas for passive and/or active recreational use. 5. To provide for a diversity of lot sizes, housing choices and building densities. 6. To provide buffering between residential development and nonresidential uses. 7. To protect environmentally sensitive areas and biological diversity, preserve existing trees, and maintain environmental corridors. 8. To preserve significant archaeological sites, historic buildings and their settings. (Ord. 52-09, 10-19-2009) 16-11-2: APPLICABILITY: A. Land Divided Within City Limits: These regulations shall apply to all land to be divided which is within the limits of the city or within two (2) miles of the limits of the city as allowed by state law. B. Plats Vacating Public Right Of Way: These regulations shall not apply to plats vacating public right of way or disposal of excess right of way per Iowa Code section 306.23. (Ord. 52-09, 10-19-2009) May 2011 City of Dubuque 16-11-7 16-11-8 such other reasonable requirements in regard to installation of public utilities or other improvements as the city council may deem requisite for the protection of the public interest. 7. Preliminary and final plats shall not be concurrently reviewed or considered for approval. (Ord. 52-09, 10-19-2009) 16-11-8: SUBDIVISION DESIGN STANDARDS: A. Subdivision Design: 1. Design of the subdivision shall be in conformance with this title, the comprehensive plan, and all applicable city standards. 2. To the maximum extent practicable, the subdivision shall be designed to preserve the natural features of the site, to avoid areas of environmental sensitivity, and to minimize negative impacts and alteration of the natural features. 3. The subdivision shall be laid out to avoid adversely affecting groundwater and aquifer recharge; to reduce cut and fill; to avoid unnecessary impermeable cover; to prevent flooding; to provide adequate access to lots and sites; and to mitigate adverse effects of shadow, noise, odor, traffic, drainage, and utilities on neighboring properties. 4. The subdivision shall be laid out to create lots which provide sufficient area for development outside utility easements. No build- ings, fill, or grading shall occur within the utility easements without approval of the city engineer. 5. No more than forty (40) platted lots shall be allowed in any phase, combination of phases, or contiguous subdivisions having only one exit. 6. All streets, sidewalks, and bike/hike trails shall connect to other streets, sidewalks and bike/hike trails within the subdivision, and to the property lines, to provide for their extension to adjacent proper- ties. Each subdivision shall connect to the existing and planned street network of the city to ensure connectivity between properties, distribution of traffic, and access for public and emergency services. B. Installation Of Improvements: Public improvements including streets, sanitary sewers, storm sewers, stormwater management facilities, November 2013 City of Dubuque 16-11-8 16-11-9-1 water mains, street lighting, street trees, and sidewalks shall be installed in accordance with the city standards. C. Corners To Be Marked: Every corner of each lot shall be marked by a land surveyor licensed in the state of Iowa. D. Open Space: In subdividing property, consideration shall be given to the dedication of suitable sites for parks, playgrounds, schools and other open space areas, so as to conform, as nearly as possible, to the comprehensive plan and the needs of the city and the adjacent area. Such provision may be indicated on the preliminary and final plats for consideration by the commission and city council when, whether, and in what manner such sites will be dedicated to the public. (Ord. 52-09, 10-19-2009) 16-11-9: RECREATIONAL OPEN SPACE: The purpose of this section is to provide recommendations for recreational open space in newly developing residential areas. (Ord. 52-09, 10-19-2009) 16-11-9-1: COMPUTATION OF RECREATIONAL OPEN SPACE REQUIRED: A. The suggested amount of recreational open space in a proposed development generally should be five hundred (500) square feet per proposed detached single-family home and three hundred (300) square feet per proposed multi -family unit. The multi -family dwelling unit rate applies to any residential dwelling unit other than detached single-family dwellings. When a plat is requested for mixed land uses, this subsection shall apply only to those areas of the plat devoted to residential uses. B. The recreational open space may include waterways, detention/ retention areas, and ponds provided that those areas do not constitute more than fifty percent (50%) of the amount of recreational open space required in subsection A of this section. C. Where the proposed subdivision abuts undeveloped lands, the recreational open space land may be located adjacent to the subdivi- sion boundaries with the undeveloped land, at the discretion of the city council, to allow the recreational open space to be increased in size when the adjacent property develops. (Ord. 52-09, 10-19-2009) November 2013 City of Dubuque 16-11-7 16-11-8 7. Preliminary and final plats shall not be concurrently reviewed or considered for approval. (Ord. 52-09, 10-19-2009) 16-11-8: SUBDIVISION DESIGN STANDARDS: A. Subdivision Design: 1. Design of the subdivision shall be in conformance with this title, the comprehensive plan, and all applicable city standards. 2. To the maximum extent practicable, the subdivision shall be designed to preserve the natural features of the site, to avoid areas of environmental sensitivity, and to minimize negative impacts and alteration of the natural features. 3. The subdivision shall be laid out to avoid adversely affecting groundwater and aquifer recharge; to reduce cut and fill; to avoid unnecessary impermeable cover; to prevent flooding; to provide adequate access to lots and sites; and to mitigate adverse effects of shadow, noise, odor, traffic, drainage, and utilities on neighboring properties. 4. The subdivision shall be laid out to create lots which provide sufficient area for development outside utility easements. No buildings, fill, or grading shall occur within the utility easements without approval of the city engineer. 5. No more than forty (40) platted lots shall be allowed in any phase, combination of phases, or contiguous subdivisions having only one exit. 6. All streets, sidewalks, and bike/hike trails shall connect to other streets, sidewalks and bike/hike trails within the subdivision, and to the property lines, to provide for their extension to adjacent properties. Each subdivision shall connect to the existing and planned street network of the city to ensure connectivity between properties, distribution of traffic, and access for public and emergency services. B. Installation Of Improvements: Public improvements including streets, sanitary sewers, storm sewers, stormwater management facilities, water mains, street lighting, street trees, and sidewalks shall be installed in accordance with the city standards. City of Dubuque 16-11-8 16-11-9-1 C. Corners To Be Marked: Every corner of each lot shall be marked by a land surveyor licensed in the state of Iowa. D. Open Space: In subdividing property, consideration shall be given to the dedication of suitable sites for parks, playgrounds, schools and other open space areas, so as to conform, as nearly as possible, to the comprehensive plan and the needs of the city and the adjacent area. Such provision may be indicated on the preliminary and final plats for consideration by the commission and city council when, whether, and in what manner such sites will be dedicated to the public. (Ord. 52-09, 10-19-2009) 16-11-9: RECREATIONAL OPEN SPACE: The purpose of this section is to provide recommendations for recreational open space in newly developing residential areas. (Ord. 52-09, 10-19-2009) 16-11-9-1: COMPUTATION OF RECREATIONAL OPEN SPACE REQUIRED: A. The suggested amount of recreational open space in a proposed development generally should be five hundred (500) square feet per proposed detached single-family home and three hundred (300) square feet per proposed multi -family unit. The multi -family dwelling unit rate applies to any residential dwelling unit other than detached single-family dwellings. When a plat is requested for mixed land uses, this subsection shall apply only to those areas of the plat devoted to residential uses. B. The recreational open space may include waterways, detention/ retention areas, and ponds provided that those areas do not constitute more than fifty percent (50%) of the amount of recreational open space required in subsection A of this section. C. Where the proposed subdivision abuts undeveloped lands, the recreational open space land may be located adjacent to the subdivision boundaries with the undeveloped land, at the discretion of the city council, to allow the recreational open space to be increased in size when the adjacent property develops. (Ord. 52-09, 10-19-2009) City of Dubuque -A- -A- ALARM SYSTEM PERMITS (cont.) Prohibited Acts 7-4-9 Revocation Of Permit 7-4-5 Service Charges 7-4-6 ALCOHOLIC BEVERAGES (See Also LIQUOR CONTROL) 4-2A AMBULANCES Ambulance Service Rates 6-3-1 Service Area 6-3-2 AMENDMENTS Building Codes 14-1A-2 City Code 1-1-2 Electrical Code 14-1D-2 Energy Conservation Code 14-1C-2 Fire Code 14-1E-2 Mechanical Code 14-1F-2 Plumbing Code 14-1H-2 Residential Code 14-1B-2 Zoning 16-14-6 ANIMAL CONTROL Animals In Parks 10-5B-3, 10-5B-4, 10-5B-7 Dangerous Animals Definitions 7-6D-1 Dogs, Cats Exempted 7-6D-2 Exceptions To Keeping And Licensing Restrictions 7-6D-4 General Prohibition And Duty 7-6D-6 Keeping Of Dangerous Animals Restricted 7-6D-3 Regulations For Keeping 7-6D-5 Seizure, Impoundment And Disposition Of Dangerous Animals 7-6D-7 Dogs And Cats Definitions 7-6B-1 Directing Dog With Malicious Intent 7-6B-8 Female Dogs In Season 7-6B-6 Harboring Vicious Dog Or Cat 7-6B-4 Impoundment, Redemption And Disposition Of Unclaimed Animals 7-6B-10 Keeping Cats Or Dogs On Unoccupied Residential Property Prohibited 7-6B-3 Licensing; Tags And Fees 7-6B-2 Nuisance 7-6B-5 Running At Large 7-6B-7 Use Of Dog In Illegal Activity Prohibited 7-6B-9 Miscellaneous Provisions Restrictions On Maintaining Livestock 7-6A-2 Sale Of Baby Chickens And Ducklings 7-6A-1 Storage Of Animal Food 7-6A-3 City of Dubuque -A- -B- ANIMAL CONTROL (cont) Nuisance Conditions 6-4-3 Potentially Vicious Dogs Definition 7-6E-1 Disposition Of Potentially Vicious Dog 7-6E-5 Exceptions To Classification 7-6E-4 Notification Of Status Of Potentially Vicious Dog 7-6E-3 Procedure For Declaration Of Potentially Vicious Dog 7-6E-2 Rabies Control Confinement Authorized 7-6C-2 Notification To Police Or City Manager Of Dead Animals 7-6C-4 Prohibited Actions After Mayor's Proclamation Of Emergency 7-6C-6 Punishment For Harboring Known Rabid Dog, Cat Or Other Domestic Animal 7-6C-5 Reporting Rabies; Notice To City Manager 7-6C-3 Vaccination Required 7-6C-1 APPEALS (See Also HEARINGS AND APPEALS) 2-1 ARTS AND CULTURAL AFFAIRS ADVISORY COMMISSION Administrative And Other City Policies 2-8-14 Attendance 2-8-9 Commission Created 2-8-1 Compensation 2-8-10 Cooperation With Other Agencies 2-8-6 Goals 2-8-3 Meetings 2-8-12 Membership; Appointment 2-8-8 Mission 2-8-2 Organization 2-8-11 Powers 2-8-5 Purpose 2-8-4 Rules And Regulations 2-8-13 Solicitation And Acceptance Of Donations 2-8-7 ASSEMBLIES (See Also PARADES AND ASSEMBLIES) 10-4 ATTORNEY, CITY 1-7-6 B BEER (See Also LIQUOR CONTROL) 4-2B BICYCLES Abandoned, Unlicensed, And Unattended Bicycles 7-7-19 Altering, Counterfeiting Of Registration Sticker Or Decal Prohibited 7-7-35 City of Dubuque -B- -B- BICYCLES (cont) Bicycle Dealers And Repair Shops 7-7-37 Bicycle In Crosswalk 7-7-18 Bicycle Not To Pass In Or Between Lanes 7-7-16 Bicycle Parking 7-7-10 Bicycle Parking Required 16-14-9 Bicycle Records 7-7-32 Bicycle To Be Driven To The Right 7-7-11 Bicycle Turn Signals 7-7-12 Bicycles; Motor Vehicles And Traffic 9-1-321.2C Clinging To Vehicles 7-7-8 Definitions 7-7-5 Equipment 7-7-6 Following Fire Apparatus 7-7-9 Intent And Purpose 7-7-1 Left Turns By Bicycles 7-7-13 Parking Lot Provisions For Bicycle Parking 16-13-3-5-1 Passing On Right 7-7-14 Passing Within Lane Prohibited 7-7-15 Reckless Operator Of A Bicycle 7-7-20 Registration Fees 7-7-31 Registration Required 7-7-30 Registration Sticker Or Decal 7-7-33 Rental Agencies 7-7-36 Replacement Of Registration Sticker Or Decal 7-7-34 Required Method Of Riding A Bicycle 7-7-7 Riding Abreast 7-7-17 Violation 7-7-38 BOARD OF LIBRARY TRUSTEES Annual Reports 2-7-7 Charge Of Building, Donations 2-7-6 Compensation 2-7-3 Composition 2-7-1 Eligibility For Membership 2-7-2 Powers And Duties Generally 2-7-5 Terms Of Members; Filling Of Vacancies 2-7-4 BOARDS AND COMMISSIONS Airport Commission 12-1 Airport Zoning Board Of Adjustment 12-3-3 Airport Zoning Commission 12-1-3 Arts And Cultural Affairs Advisory Commission 2-8 Board Of Library Trustees 2-7 Cable Television Commission 2-11 Civic Center Advisory Commission 2-4 Civil Service Commission 2-2 Enterprise Zone Commission 3-4B April 2012 City of Dubuque -B- -B- BOARDS AND COMMISSIONS (cont.) Environmental Stewardship Advisory Commission 2-6 Hearings And Appeals 2-1 Historic Preservation Commission 16-10 Housing Agency And Community Development Commissions 2-5 Community Development Advisory Commission 2-5C Housing Commission 2-5B Trust Fund Advisory Committee 2-5D Housing Code Appeals Board 6-6-8 Human Rights Commission 8-2 Investment Oversight Advisory Commission 2-3 Long Range Planning Advisory Commission 15-2 Park And Recreation Advisory Commission 10-5A-2 Safe Community Advisory Committee 2-10 Sister City Relationships Advisory Commission 2-9 Transit Advisory Board 5-1 Zoning Advisory Commission 16-9 Zoning Board Of Adjustment 16-8 BOATS, BOATING AND WATERFRONT STRUCTURES Activities Prohibited 10-7-13 Boat Landing Areas 10-7-4 Conducting Trade Or Business In Pleasure Craft Spaces 10-7-7 Definitions 10-7-2 Driving Over Ice 10-7-14 Floats, Boathouses Maintained In Orderly Condition 10-7-6 Intent 10-7-1 Launching, Removing Boat From Water At Public Launching Ramps 10-7-8 Mooring Of Boathouses And Floats Along Waterfront 10-7-5 No Parking Areas 10-7-12 Removal Of Sunken, Derelict Or Abandoned Craft 10-7-11 Repairs To Boats At Public Launching Ramps 10-7-9 Unlawful Deposits 10-7-3 Water Operation Rules 10-7-10 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 14-1C Fire Code And Regulations 14-1E Fuel Gas Code 14-1G Mechanical Code 14-1F Plumbing Code 14-1H Residential Code 14-1B April 2012 City of Dubuque OFFENSES (cont.) Procedure For Enforcement 7-5C-4 Service Of Notice 7-5C-6 Specified Crime Property Prohibited 7-5C-2 Drug Paraphernalia Drug Paraphernalia Defined 7-5B-1 Prohibited Acts 7-5B-2 Sniffing Glue Or Other Chemical Substances 7-5B-4 Under The Influence Of Controlled Substance 7-5B-3 General Offenses Advertising Materials; Billposting; Littering 7-5A-5 Aggressive Panhandling Prohibited 7-5A-17 Criminal Mischief 7-5A-12 Defacing Notices 7-5A-6 Disorderly Conduct 7-5A-1 False And Fraudulent Reports 7-5A-3 False Representation Of Records Or Processes 7-5A-4 Hunting And Target Practice Permitted 7-5A-16 Loitering For Illegal Purposes 7-5A-7 Offenses Relating To Officers And Employees 7-5A-2 Professional Boxing Elimination Tournaments 7-5A-13 Public Urination Or Defecation 7-5A-9 Ringing Of Bells Or Gongs 7-5A-8 Tobacco Products To Underage Persons 7-5A-15 Unauthorized Computer Access 7-5A-11 Underage Persons Entering Gambling Facilities 7-5A-14 Weapons, Firearms And Fireworks 7-5A-10 Parental Responsibility Definitions 7-5D-1 Penalties 7-5D-4 Reasonable Control Over Minor 7-5D-2 Violation 7-5D-3 Social Host Responsibility Affirmative Defense 7-5E-6 Definitions 7-5E-2 Enforcement 7-5E-9 Evidence Of Possession And Consumption 7-5E-7 Exemption 7-5E-5 Penalties 7-5E-8 Prohibited Acts 7-5E-4 Purpose 7-5E-1 Severability 7-5E-10 Social Host Duties 7-5E-3 OFFICE ZONING DISTRICTS 16-5-7, 16-5-8, 16-5-9 OFFICERS AND EMPLOYEES, CITY Bonds Of Officers And Employees 1-7-1 City Attorney 1-7-6 November 2013 City of Dubuque -0- -P- OFFICERS AND EMPLOYEES, CITY (cont.) City Clerk And Assistant City Clerk 1-7-5 City Manager 1-7-4 Deposits Of City Funds 1-7-2 Finance Director -City Treasurer 1-7-7 Offenses Relating To Officers And Employees 7-5A-2 Transfer Of Records And Property To Successor 1-7-3 OPEN VIDEO SYSTEMS (See Also CABLE RIGHT OF WAY REGULATIONS) 11-2B ORDINANCES AND RESOLUTIONS Effect Of Repeal Of Ordinance 1-6A-2 Ordinances, Resolutions And Motions 1-6A-12 P PARADES AND ASSEMBLIES Events On Private Property; Permit Requirements 10-4-3 Parade, Assembly, Valet Drop Off Parking, Permit Requirements 10-4-1 Unlawful Assembly 10-4-2 PARKING REGULATIONS 9-14-321.600 — 9-14-321.744 PARKS AND RECREATION Administration Park And Recreation Advisory Commission 10-5A-2 Park Rangers 10-5A-1 Specific Parks, Open Spaces And Trails Specific Park Areas, Open Spaces, And Trails Described 10-5C-1 Use Regulations Climbing On Fences, Roofs 10-5B-13 Compliance With Motor Vehicle Laws, Ordinances 10-5B-20 Definitions 10-5B-1 Dogs, Cats And Other Domestic Animals 10-5B-4 Fires 10-5B-17 Horsedrawn Vehicles, Riding Of Animals Restricted 10-5B-3 Interfering With Animals 10-5B-7 Intoxicating Beverages 10-5B-2 Loosening Stones From Bluffs Prohibited 10-5B-18 Meetings And Gatherings 10-5B-16 Moving Benches And Tables 10-5B-14 Obstructions 10-5B-9 Open Season And Hours Generally 10-5B-22 Possession Of Firearms, Weapons And Fireworks 10-5B-12 Posting Bills, Notices Or Signs 10-5B-10 Removal Of Unattended Vehicles Left After Closing Hours 10-5B-21 November 2013 City of Dubuque -P- -P- PARKS AND RECREATION (cont.) Sales Restricted 10-5B-11 Throwing Stones Or Other Missiles 10-5B-6 Unlawful Deposits 10-5B-8 Use Of Spotlights, Searchlights 10-5B-15 Walking On Grass 10-5B-5 Washing Vehicles 10-5B-19 PAWNBROKERS AND SECONDHAND DEALERS; JUNK AND AUTO SALVAGE DEALERS Junk Dealers And Auto Salvage Dealers Application Contents 4-6B-5 Definitions 4-6B-1 Denial, Suspension Or Revocation Of License 4-6B-9 Display Of License 4-6B-7 Exemptions From Article 4-6B-8 Inspection 4-6B-13 Investigation Of Applicant And Premises 4-6B-6 License 4-6B-3 Penalties 4-6B-2 Persons Eligible 4-6B-4 Prohibited Acts 4-6B-11 Purchases Or Donation Transactions 4-6B-12 Required Records 4-6B-10 Screening Requirements For Junk And Salvage Operations 4-6B-14 Pawnbrokers And Secondhand Dealers Application Contents 4-6A-5 Definitions 4-6A-1 Denial, Suspension, Or Revocation Of License 4-6A-10 Display Of License 4-6A-8 Exemptions From Article 4-6A-9 Inspection 4-6A-13 Investigation Of Applicant And Premises 4-6A-6 License 4-6A-3 Penalties 4-6A-2 Persons Eligible 4-6A-4 Prohibited Acts 4-6A-12 Proof Of Financial Responsibility 4-6A-7 Required Records 4-6A-11 PEDESTRIANS' RIGHTS AND DUTY 9-8-321.326 — 9-8-321.333 PENALTY, GENERAL (See Also GENERAL PENALTY, CITY CODE) .... 1-4 PLANNING AND ZONING Comprehensive Plan Community Planning Defined 15-1-3 Comprehensive Plan Defined 15-1-1 Elements Of Comprehensive Plan 15-1-2 March 2014 City of Dubuque -P- -P- PLANNING AND ZONING (cont.) Long Range Planning Advisory Commission Commission Created; Composition 15-2-1 Organization; Meetings 15-2-4 Powers 15-2-3 Procedures For Operations 15-2-5 Term Of Office 15-2-2 Unified Development Code Title 16 PLUMBING CODE Backflow Prevention Requirements For Existing Water Services 14-1H-5 New Residential Construction 14-1H-4 Inspection Fees 14-1H-6 International Plumbing Code Adopted 14-1 H-1 International Plumbing Code Amendments 14-1H-2 Licensure And Certification 14-1H-3 POLICE DEPARTMENT Fees For Police Department Services 7-1-1 POLICE, FIRE AND PUBLIC SAFETY Alarm System Permits 7-4 Animal Control 7-6 Dangerous Animals 7-6D Dogs And Cats 7-6B Miscellaneous Provisions 7-6A Potentially Vicious Dogs 7-6E Rabies Control 7-6C Bicycles 7-7 Emergency Management 7-3 Fire Department 7-2 Offenses 7-5 Crime Property 7-5C Drug Paraphernalia 7-5B General Offenses 7-5A Parental Responsibility 7-5D Police Department 7-1 PROCEDURE FOR LICENSING ELECTRIC TRANSMISSION LINE COMPANIES Distance From Buildings 11-6-7 Grant Of License 11-6-1 Licensee Fee 11-6-2 Manner Of Construction 11-6-6 Nonuse; Revocation Of License; Extensions Of Time 11-6-8 March 2014 City of Dubuque -P- -P- PROCEDURE FOR LICENSING ELECTRIC TRANSMISSION LINE COMPANIES (cont.) Petition 11-6-4 Petition For License; Informational Meetings Held 11-6-3 Public Hearing 11-6-5 Wires Across Railroad Right Of Way At Highways 11-6-9 PROPERTY TAX Partial Exemption From Property Taxation 3-1-1 PUBLIC UTILITIES Gas Main Connections City Authority To Make Connection 13-3-3 City Authority To Require 13-3-1 Notice To Owners 13-3-2 Time Limit For Completion 13-3-4 Illicit Connections And Discharges To Storm Sewer System Appeal Of Notice Of Violation 13-5-14 Applicability 13-5-2 Cost Of Abatement Of Violation 13-5-16 Definitions 13-5-1 Discharge Prohibitions 13-5-6 Enforcement 13-5-13 Enforcement Measures After Appeal 13-5-15 Industrial Or Construction Activity Discharges 13-5-8 Injunctive Relief 13-5-17 Monitoring Of Discharges 13-5-9 Notification Of Spills 13-5-12 Prevent, Control And Reduce Pollutants By Use Of BMPs 13-5-10 Remedies Not Exclusive 13-5-19 Responsibility For Administration 13-5-3 Severability 13-5-4 Suspension Of MS4 Access 13-5-7 Ultimate Responsibility 13-5-5 Violations Deemed Public Nuisance 13-5-18 Watercourse Protection 13-5-11 Sewers And Sewage Disposal 13-2 Discharge Regulations 13-2A Industrial Pretreatment Program 13-2D Private Disposal Systems; Private Haulers 13-2B Rates 13-2C Solid Waste 13-6 City Or Private Collection Service 13-6A Stormwater Management 13-4 Water Use And Service 13-1 Connections 13-1A Cross Connection Control 13-1D November 2013 City of Dubuque -P- -R- PUBLIC UTILITIES (cont.) Rates 13-1C Water Meters 13-1B PUBLIC WAYS AND PROPERTY Boats, Boating And Waterfront Structures 10-7 Encroachments On Public Places 10-3 Mailboxes 10-3F Newsracks 10-3B Other Encroachments 10-3D Projecting Signs 10-3C Sidewalk Cafes 10-3E Waste Collection Receptacles 10-3A Excavations 10-2 Parades And Assemblies 10-4 Parks And Recreation 10-5 Administration 10-5A Specific Parks, Open Spaces And Trails 10-5C Use Regulations 10-5B Railroads 10-6 Streets, Sidewalks And Other Public Places 10-1 Q R RABIES CONTROL (See Also ANIMAL CONTROL) RAILROADS Maintenance Of Crossings, Rights Of Way Parking Near Certain Streets Prohibited Speed Restrictions Unlawful Deposits 7-6C 10-6-3 10-6-5 10-6-1 10-6-2 Use Of Certain Track As Team Track Restricted 10-6-4 RECKLESS DRIVING 9-7-321.277 RESIDENTIAL CODE International Residential Code Adopted 14-1B-1 International Residential Code Amendments 14-1B-2 RESIDENTIAL RELOCATION ASSISTANCE PROGRAM (See Also ECONOMIC DEVELOPMENT) 3-4D RESIDENTIAL ZONING DISTRICTS 16-5-2 — 16-5-6 RESOLUTIONS (See ORDINANCES AND RESOLUTIONS) November 2013 City of Dubuque -R- -R- REVENUE AND TAXATION Economic Development Enterprise Zone Commission 3-4B Industrial Projects 3-4A Residential Relocation Assistance Program 3-4D Speculative Shell Buildings Of Community Development Organizations And For Profit Entities 3-4C Hotel And Motel Tax 3-3 Property Tax 3-1 Revitalization Areas 3-2 REVITALIZATION AREAS Cathedral 3-2-9 Jackson Park 3-2-2 Langworthy 3-2-7 Old Main 3-2-8 Purpose 3-2-1 Stout Place 3-2-6 Upper Main 3-2-5 Washington Street 3-2-4 West Eleventh Street 3-2-3 RIGHTS OF WAY Cable Right Of Way Regulations 11-2 Cable Communications 11-2A Open Video Systems 11-2B Cable Television 11-3 Cable Franchise Agreement 11-3A Cable Services Customer Service Standards 11-3E Rates And General Regulations 11-3D Electric Franchises 11-5 Interstate Power Company 11-5A Maquoketa Valley Electric Cooperative 11-5B Gas Franchise 11-4 Nonfranchised Communications Systems Amendment To License 11-1-5 Application For License 11-1-3 Construction Of Chapter 11-1-16 Definitions 11-1-1 Failure To Secure, Renew Or Comply With License 11-1-11 Granting Of License 11-1-4 Hold Harmless; Insurance; Bond 11-1-10 License Fees 11-1-8 License Required 11-1-2 Notice; Appeal 11-1-15 Police Regulations 11-1-17 Regulations 11-1-6 April 2013 City of Dubuque -R- -S- RIGHTS OF WAY (cont.) Reimbursement For City Cost Associated With Construction Activities 11-1-9 Relocation Or Removal When Required By Public Needs 11-1-7 Transfers And Assignments 11-1-12 Undergrounding 11-1-14 Use Of Poles 11-1-13 Procedure For Licensing Electric Transmission Line Companies 11-6 RUNNING AT LARGE, ANIMALS 7-6B-7 S SAFE COMMUNITY ADVISORY COMMITTEE Committee Created 2-10-1 Compensation 2-10-10 Internal Organization And Rules 2-10-3 Meetings 2-10-9 Membership 2-10-5 Mission 2-10-2 Officers/Organization 2-10-8 Powers 2-10-12 Procedures For Operation 2-10-4 Removal 2-10-11 Sunset Of Safe Community Advisory Committee 2-10-13 Terms 2-10-6 Vacancies 2-10-7 SAFETY BELTS AND SAFETY HARNESSES IN VEHICLES .. 9-12-321.445 SALARIES (See COMPENSATION AND SALARIES) SAVING CLAUSE, CITY CODE Effect Of Repeals 1-2-2 Severability Of Parts Of Code 1-2-1 SEAL, CITY 1-10-4 SECONDHAND DEALERS (See Also PAWNBROKERS AND SECONDHAND DEALERS; JUNK AND AUTO SALVAGE DEALERS) 4-6A SEWERS AND SEWAGE DISPOSAL Certain Disposal Methods Prohibited 13-2-2 Conformance With City Plumbing Rules And Regulations 13-2-5 Connection To Public Sewer 13-2-3 Connections Prior To Improving Streets 13-2-4 Construction, Maintenance And Operation Costs 13-2-6 Definitions 13-2-1 April 2013 City of Dubuque SEWERS AND SEWAGE DISPOSAL (cont) Destruction Of Sewage Works Property 13-2-8 Discharge Regulations Authority To Enter Easement Property For Sewage Works Inspection And Repair 13-2A-10 Authority To Enter Properties For Testing Discharges 13-2A-9 Authority To Regulate Discharge Of Harmful Substances 13-2A-4 Discharge Of Harmful Substances 13-2A-3 Discharge Of Objectionable Items 13-2A-2 Discharge Of Stormwater And Other Unpolluted Drainage 13-2A-1 Manholes, Meters And Sampling Equipment 13-2A-7 Responsibilities Of Owners Of Treatment Or Flow Equalizing Facilities 13-2A-6 Special Agreements Authorized 13-2A-5 Testing Standards 13-2A-8 Industrial Pretreatment Program Abbreviations 13-2D-3 Accidental Discharge/Slug Control Plan 13-2D-8 Administration; Permit Requirements; Regulations 13-2D-11 Definitions 13-2D-2 Enforcement; Violation Notice; Hearing 13-2D-12 Excessive Discharge 13-2D-7 Federal Categorical Pretreatment Standards 13-2D-5 Fees And Charges 13-2D-10 General Discharge Prohibitions 13-2D-4 Notice Of Potential Problems Including Slug Loadings 13-2D-9 Penalty; Costs 13-2D-13 Purpose And Policy 13-2D-1 Specific Pollutant Limitations 13-2D-6 Notice Of Violation; Time Limit For Correction 13-2-9 Private Disposal Systems; Private Haulers Abandonment Of Private Treatment And Disposal System 13-2B-5 Appeals From Orders Of City Manager 13-2B-7 Connections To Private Treatment And Disposal Systems 13-2B-3 Issuance Of Permit; Inspection; Completion Of Installation 13-2B-2 Permit Required; Application, Form And Fee 13-2B-1 Private Disposal Facilities Not Expense To City 13-2B-4 Private Haulers 13-2B-8 Right Of Entry For Inspection And Testing 13-2B-6 April 2013 City of Dubuque SEWERS AND SEWAGE DISPOSAL (cont.) Rates Areas Not Served By Public System 13-2C-4 Cost Of Collection 13-2C-6 Definitions 13-2C-2 Lien For Failure To Pay 13-2C-5 Purpose 13-2C-1 Rates Established 13-2C-3 Sanitary Sewer Connection Fees 13-2-7 SIDEWALKS (See Also STREETS, SIDEWALKS AND OTHER PUBLIC PLACES) 10-1 SIGNS (See Also UNIFIED DEVELOPMENT CODE) 16-15 SISTER CITY RELATIONSHIPS ADVISORY COMMISSION Commission Created 2-9-1 Compensation 2-9-10 Internal Organization And Rules 2-9-3 Meetings 2-9-9 Membership 2-9-5 Officers; Organization 2-9-8 Powers 2-9-12 Procedures For Operation 2-9-4 Purpose 2-9-2 Removal 2-9-11 Terms 2-9-6 Vacancies 2-9-7 SMOKING, CARRYING LIGHTED OBJECTS IN SPECIFIED PLACES RESTRICTED 6-9-1 SNOW AND ICE REMOVAL FROM STREETS AND PUBLIC WAYS 10-1-3 SOLAR THERMAL LICENSES Application Approval 14-13-5 Contents 14-13-4 Definition 14-13-1 Exemption 14-13-7 License Application 14-13-3 Renewal 14-13-6 Licenses 14-13-2 SOLAR THERMAL SYSTEM PERMITS AND INSPECTIONS Definition 14-14-1 Heat Transfer Fluid 14-14-9 Inspections Required 14-14-4 Liquid Systems 14-14-6 Monitoring 14-14-7 April 2013 City of Dubuque -S- -s- SOLAR THERMAL SYSTEM PERMITS AND INSPECTIONS (cont.) Permit Application 14-14-3 Required 14-14-2 Rating 14-14-10 Shading Of Solar Collectors 14-14-5 Use Of Wood In Solar Collection Systems 14-14-8 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 April 2013 City of Dubuque UNIFIED DEVELOPMENT CODE AG Agriculture District 16-5-21 Accessory Uses 16-5-21-4 Bulk Regulations 16-5-21-8 Conditional Uses 16-5-21-3 Parking 16-5-21-6 Principal Permitted Uses 16-5-21-2 Prohibited Uses 16-5-21-1 Signs 16-5-21-7 Temporary Uses 16-5-21-5 Adult Entertainment Establishments 16-7-4 Purpose 16-7-4-1 Siting Requirements 16-7-4-2 C-1 Neighborhood Commercial District 16-5-10 Accessory Uses 16-5-10-3 Bulk Regulations 16-5-10-7 Conditional Uses 16-5-10-2 Parking 16-5-10-5 Principal Permitted Uses 16-5-10-1 Signs 16-5-10-6 Standards For Nonresidential Uses 16-5-10-8 Temporary Uses 16-5-10-4 C-2 Neighborhood Shopping Center District 16-5-11 Accessory Uses 16-5-11-3 Bulk Regulations 16-5-11-7 Conditional Uses 16-5-11-2 Parking 16-5-11-5 Principal Permitted Uses 16-5-11-1 Signs 16-5-11-6 Temporary Uses 16-5-11-4 C -2A Mixed Use Neighborhood District 16-5-12 Accessory Uses 16-5-12-3 Bulk Regulations 16-5-12-7 Conditional Uses 16-5-12-2 Parking 16-5-12-5 Principal Permitted Uses 16-5-12-1 Signs 16-5-12-6 Temporary Uses 16-5-12-4 C-3 General Commercial District 16-5-13 Accessory Uses 16-5-13-3 Bulk Regulations 16-5-13-7 Conditional Uses 16-5-13-2 Parking 16-5-13-5 Principal Permitted Uses 16-5-13-1 Signs 16-5-13-6 Temporary Uses 16-5-13-4 November 2011 City of Dubuque UNIFIED DEVELOPMENT CODE (cont.) C-4 Downtown Commercial District 16-5-14 Accessory Uses 16-5-14-3 Bulk Regulations 16-5-14-7 Conditional Uses 16-5-14-2 Parking 16-5-14-5 Principal Permitted Uses 16-5-14-1 Signs 16-5-14-6 Temporary Uses 16-5-14-4 C-5 Central Business District 16-5-15 Accessory Uses 16-5-15-3 Bulk Regulations 16-5-15-7 Conditional Uses 16-5-15-2 Parking 16-5-15-5 Principal Permitted Uses 16-5-15-1 Signs 16-5-15-6 Temporary Uses 16-5-15-4 CR Commercial Recreation District 16-5-17 Accessory Uses 16-5-17-3 Bulk Regulations 16-5-17-7 Conditional Uses 16-5-17-2 Parking 16-5-17-5 Principal Permitted Uses 16-5-17-1 Signs 16-5-17-6 Temporary Uses 16-5-17-4 CS Commercial Service And Wholesale District 16-5-16 Accessory Uses 16-5-16-3 Bulk Regulations 16-5-16-7 Conditional Uses 16-5-16-2 Parking 16-5-16-5 Principal Permitted Uses 16-5-16-1 Signs 16-5-16-6 Temporary Uses 16-5-16-4 Conditional Use Permit Procedure 16-8-5 Definitions Acronyms 16-2-2 Definitions 16-2-3 Rules 16-2-1 Flood Hazard Overlay District 16-6-4 Abrogation And Greater Restrictions 16-6-4-6 Compliance 16-6-4-5 Definitions 16-6-4-15 Establishment Of Floodplain Overlay Districts 16-6-4-9 Establishment Of Official Floodplain Zoning Map 16-6-4-3 FF Floodway Fringe Overlay District 16-6-4-11 FP General Floodplain Overlay District 16-6-4-12 FW Floodway Overlay District 16-6-4-10 November 2011 City of Dubuque -u- -u- UNIFIED DEVELOPMENT CODE (cont.) Floodplain Overlay District Administration 16-6-4-13 Interpretation 16-6-4-7 Lands To Which Regulations Apply 16-6-4-2 Purpose 16-6-4-1 Rules For Interpretation Of District Boundaries 16-6-4-4 Warning And Liability Disclaimer 16-6-4-8 Zoning Board Of Adjustment Action Authorized 16-6-4-14 HI Heavy Industrial District 16-5-19 Accessory Uses 16-5-19-3 Bulk Regulations 16-5-19-7 Conditional Uses 16-5-19-2 Parking 16-5-19-5 Principal Permitted Uses 16-5-19-1 Signs 16-5-19-6 Temporary Uses 16-5-19-4 Historic Preservation Commission Applications And Procedures Alteration Of Landmarks, Historic Properties And Sites . 16-10-9 Appeals From Commission Action 16-10-13 Commission Organization 16-10-4 Conservation Planning Areas 16-10-12 Definitions 16-10-2 Demolition Of Landmarks, Sites And Historic Districts 16-10-8 Designated Landmarks, Sites And Historic Districts 16-10-7 Historic Preservation Commission Established 16-10-3 Identification And Designation Of Landmarks, Sites And Historic Districts 16-10-6 Inspection 16-10-14 Powers And Duties Generally 16-10-5 Purpose And Intent 16-10-1 Review Of Demolition Permits In Conservation Districts 16-10-11 Standards For Review 16-10-10 Violations; Penalties 16-10-15 Home Based Businesses 16-7-1 General Provisions 16-7-1-1 Home Based Businesses As Conditional Uses 16-7-1-4 Permitted Home Based Business Uses 16-7-1-2 Prohibited Home Based Business Uses 16-7-1-3 ID Institutional District 16-5-22 Accessory Uses 16-5-22-3 Bulk Regulations 16-5-22-7 Commencement Of Use By Parties Unassociated With Principal Institution Prohibited 16-5-22-5 Conditional Uses 16-5-22-2 District Establishment, Expansion And Modification 16-5-22-4 City of Dubuque UNIFIED DEVELOPMENT CODE (cont.) District Standards 16-5-22-6 Principal Permitted Uses 16-5-22-1 LI Light Industrial District 16-5-18 Accessory Uses 16-5-18-3 Bulk Regulations 16-5-18-7 Conditional Uses 16-5-18-2 Parking 16-5-18-5 Principal Permitted Uses 16-5-18-1 Signs 16-5-18-6 Temporary Uses 16-5-18-4 Land Subdivision Applicability 16-11-2 Application Fee For Subdivision Plat Review Required 16-11-5 Application Requirements And Review Process 16-11-7 Bikeways 16-11-17 Blocks And Lots 16-11-14 Conservation Subdivision 16-11-11 Conservation Subdivision Design Criteria 16-11-11-1 Conservation Subdivision Development Bonus 16-11-11-2 Cottage Design Subdivision 16-11-13 Exception Of Specific Subdivision Requirements 16-11-4 Improvement Guarantees 16-11-24 Obligation To Install Improvements 16-11-23 Purpose And Intent 16-11-1 Recording Of Subdivision Plats 16-11-3 Recreational Open Space 16-11-9 Computation Of Recreational Open Space Required 16-11-9-1 Ownership And Management 16-11-9-3 Responsibility For Site Preparation 16-11-9-2 Sanitary Sewer 16-11-21 Sidewalks 16-11-16 Solar Subdivision 16-11-12 Stormwater, Grading And Erosion Control 16-11-22 Street Trees 16-11-19 Streets 16-11-15 Subdivision Design Standards 16-11-8 Subdivisions Classified 16-11-6 Sustainable Subdivision Development Tools 16-11-10 Utility Location 16-11-18 Water Supply 16-11-20 City of Dubuque UNIFIED DEVELOPMENT CODE (cont.) Land Use General Provisions Accessory Structures And Uses In All Other Zoning Districts 16-3-8 Accessory Structures And Uses In Residential And Office Residential Districts 16-3-7 Accessory Structures And Uses Permitted 16-3-7-1 Bulk Regulations 16-3-7-2 Residential Uses Prohibited 16-3-7-3 Accessory Uses Subject To Site Plan Review 16-3-9 Adjustment Of Front Yard Setbacks In R-1, R-2, R -2A, And R-3 Districts 16-3-17 Application And Scope Of Regulations 16-3-3 Construction Promotion Activity 16-3-20 Exemption From Regulation 16-3-14 Fees 16-3-12 Fences Located On Residential Lots 16-3-21 Barbed Wire And Electric Fences 16-3-21-3 Fences Located At Schools Or In Nonresidential Districts 16-3-21-2 Residential Districts 16-3-21-1 General Lot Size Requirements And Standards 16-3-2 Limited Setback Waiver 16-3-18 Obstructions To Vision At Street Intersections Prohibited 16-3-5 Off Street Parking And Loading 16-3-15 Permitted Modifications Of Height Restrictions 16-3-10 Prohibited Uses 16-3-13 Provisions Declared To Be Minimum Standards 16-3-1 Public Buildings And Uses 16-3-16 Reduction In Lot Area Prohibited 16-3-4 Temporary Uses 16-3-19 Yard Requirements 16-3-6 Landscaping And Screening Requirements 16-13-4 Application And Scope 16-13-4-2 Exterior Storage In Nonresidential Districts 16-13-4-10 Exterior Trash Collection Areas 16-13-4-9 Installation, Maintenance And Replacement Of Landscaping And Screening 16-13-4-11 Intent 16-13-4-1 Landscape Area Requirements 16-13-4-3 Parking Lot Landscaping 16-13-4-6 Preservation Of Existing Trees 16-13-4-5 Screening Requirements 16-13-4-8 Site Landscaping 16-13-4-4 Street Trees 16-13-4-7 City of Dubuque -u- -U- UNIFIED DEVELOPMENT CODE (cont.) MHI Modified Heavy Industrial District 16-5-20 Accessory Uses 16-5-20-3 Bulk Regulations 16-5-20-7 Conditional Uses 16-5-20-2 Parking 16-5-20-5 Principal Permitted Uses 16-5-20-1 Signs 16-5-20-6 Temporary Uses 16-5-20-4 Nonconformities Effect On Nonconformities Illegal Under Prior Law 16-4-3 Intent 16-4-0 Nonconforming Characteristics Of Use 16-4-7 Nonconforming Lots 16-4-5 Nonconforming Structures 16-4-6 Nonconforming Uses 16-4-4 Nonconformities Generally 16-4-1 Nonconformity Created By Change In Law Or Boundary 16-4-2 OC Office Commercial District 16-5-9 Accessory Uses 16-5-9-3 Bulk Regulations 16-5-9-7 Conditional Uses 16-5-9-2 Parking 16-5-9-5 Principal Permitted Uses 16-5-9-1 Signs 16-5-9-6 Temporary Uses 16-5-9-4 OR Office Residential District 16-5-7 Accessory Uses 16-5-7-3 Bulk Regulations 16-5-7-7 Conditional Uses 16-5-7-2 Parking 16-5-7-5 Principal Permitted Uses 16-5-7-1 Signs 16-5-7-6 Temporary Uses 16-5-7-4 OS Office Service District 16-5-8 Accessory Uses 16-5-8-3 Bulk Regulations 16-5-8-7 Conditional Uses 16-5-8-2 Parking 16-5-8-5 Principal Permitted Uses 16-5-8-1 Signs 16-5-8-6 Temporary Uses 16-5-8-4 OTN Old Town Neighborhood Overlay District 16-6-6 Applicability 16-6-6-4 OTN Boundary 16-6-6-2 OTN Design Guidelines 16-6-6-3 Purpose 16-6-6-1 City of Dubuque -u- -U- UNIFIED DEVELOPMENT CODE (cont) Title, Purpose And General Provisions Administration 16-1-7 Applicability Of Prior Regulations 16-1-6 City Planner 16-1-9 Duties Of City Planner 16-1-9-1 Interpretation By City Planner 16-1-9-2 Code References 16-1-15 Cumulative Provisions 16-1-16 Effective Date 16-1-18 Issuance Of Building Permits 16-1-8 Minimum Requirements Interpretation 16-1-3 Not A Licensing Ordinance 16-1-12 Overlapping Or Contradictory Regulations 16-1-14 Private Agreements 16-1-13 Purpose 16-1-2 Relationship To City Code 16-1-4 Relationship To Comprehensive Plan 16-1-5 Repeal Of Conflicting Ordinances 16-1-11 Severability 16-1-17 Title 16-1-1 Violations And Penalties 16-1-10 Complaints Regarding Violations 16-1-10-1 Enforcement Procedure 16-1-10-2 Orders And Directives 16-1-10-3 Towers And Antennas 16-7-2 Antennas 16-7-2-4 Applicability 16-7-2-2 Communication Tower Standards 16-7-2-3 Conditional Use Permit Application 16-7-2-5 Definitions 16-7-2-1 Exterior Finish 16-7-2-7 Landscaping 16-7-2-8 Lighting 16-7-2-9 Maintenance, Repair And Modification 16-7-2-10 Nonconforming Communication Towers And Antennas 16-7-2-13 Removal Of Communication Towers And Antennas 16-7-2-12 Satellite Dish Antenna Regulations 16-7-2-14 Security Fencing 16-7-2-6 Support Facilities 16-7-2-11 Wind Energy Conversion Systems 16-7-3 Building Mountable Wind Turbines (BMWT) 16-7-3-7 Commercial Wind Energy Conversion Systems (CWECS) 16-7-3-5 Definitions 16-7-3-2 City of Dubuque UNIFIED DEVELOPMENT CODE (cont.) Freestanding VVEC8Bulk Standards 16'7-3-6 Purpose 16-7-3-1 Repair; Abandonment; Removal 18'7'3-8 Residential Wind Energy Conversion Systems (RWECS) 16-7-3-3 Small Wind Energy Conversion Systems (SWECS) 16'7-3-4 Zoning Advisory Commission Applications And Procedures General Powers 16'8-2 Notice Of Zoning Advisory Commission Hearings 16-9-8 Organization, Meetings 18-9-3 Procedures Of Operation 16'9'4 Public Hearings 16'9'7 Text Amendment Procedure 18'9-6 Application Requirements 16'8'6'2 City Council Action 16'9'6-4 Text Amendment 16-9-6-1 Zoning Advisory Commission Action 16-9-6-3 Zoning Advisory Commission 16-9-1 Zoning Reclassification 16-9-5 Application Requirements 16-9-5-1 City Council Action 16'8'5-3 Zoning Advisory Commission Action 16-8'5'2 Zoning Board Of Adjustment Applications And Procedures Appeal From Administrative Official 16-8-4 Appeal Procedure 16-8-4-2 Authorization 16'8'4-1 Board Decision On Appeal 16-8-4-4 Effect Of Appeal 16-8-4-3 Appeal From Board Decision 16-8-8 Conditional Use Permit Procedure 16-8-5 Application 16-8-5-2 Conditions And Restrictions On Conditional Use Permit 16'8'5'5 Decisions And Records 16'8'5-0 Generally 16-8-5-1 List Of Conditional Uses 16-8'5'10 Notice And Meeting Requirements 16'8-5'3 Parking Regulations 16-8-5-8 Period Of Validity; Expiration 16-8'5-7 Sign Regulations 16-8-5-9 Standards For Granting Conditional Use Permit 16-8-5-4 General Board Procedures 16-8-2 General Powers 16-8-3 City qfDubuque -u- -u- UNIFIED DEVELOPMENT CODE (cont.) Special Exceptions 16-8-7 Application 16-8-7-1 Conditions And Restrictions Attached To Granting Special Exception 16-8-7-4 Decisions And Records 16-8-7-5 Notice And Meeting Requirements 16-8-7-2 Requirements For Granting Special Exception 16-8-7-3 Variance Procedure 16-8-6 Application 16-8-6-1 Conditions And Restrictions Attached To Granting Of Variance 16-8-6-4 Decisions And Records 16-8-6-5 Notice And Meeting Requirements 16-8-6-2 Requirements For Granting Of Variance 16-8-6-3 Zoning Board Of Adjustment 16-8-1 Zoning Districts AG Agriculture 16-5-21 C-1 Neighborhood Commercial 16-5-10 C-2 Neighborhood Shopping Center 16-5-11 C -2A Mixed Use Neighborhood 16-5-12 C-3 General Commercial 16-5-13 C-4 Downtown Commercial 16-5-14 C-5 Central Business 16-5-15 CR Commercial Recreation 16-5-17 CS Commercial Service And Wholesale 16-5-16 Generally 16-5-1 Annexation Zoning Policy 16-5-1-5 Application Of Zoning District Regulations 16-5-1-1 Conformance To Code Required 16-5-1-6 Official Zoning Map 16-5-1-3 Zoning District Boundaries 16-5-1-2 Zoning Districts Established 16-5-1-4 HI Heavy Industrial 16-5-19 ID Institutional 16-5-22 LI Light Industrial 16-5-18 MHI Modified Heavy Industrial 16-5-20 OC Office Commercial 16-5-9 OR Office Residential 16-5-7 OS Office Service 16-5-8 POS Public Open Space 16-5-23 PUD Planned Unit Development 16-5-24 R-1 Single -Family Residential 16-5-2 R-2 Two -Family Residential 16-5-3 R -2A Alternate Two -Family Residential 16-5-4 April 2013 City of Dubuque UNIFIED DEVELOPMENT CODE (cont.) R-3. Moderate Density Multi -Family Residential 16-5-5 R-4 Multi -Family Residential 16-5-6 UTILITIES (See Also PUBLIC UTILITIES) Title 13 V VACANT AND/OR ABANDONED BUILDINGS, LICENSING OF 14-4 VEHICLES (See Also MOTOR VEHICLES AND TRAFFIC) Title 9 VEHICLES FOR HIRE AND PUBLIC TRANSPORTATION Motorized Vehicles For Hire Definitions 4-7B-1 Exemptions 4-7B-2 Manifests 4-7B-5 Open Stands 4-7B-6 Posting Of Rates 4-7B-4 Taxicab Business License And Taxicab Driver's Permit 4-7B-8 Taximeter Required 4-7B-3 Vehicles, License And Maintenance 4-7B-7 Nonmotorized Vehicles Business License Requirements; Fees; Insurance 4-7A-4 Definitions 4-7A-1 Operation Requirements 4-7A-3 Operator's Permit Requirements 4-7A-5 Posting Of Rates 4-7A-2 VICIOUS DOGS (See Also ANIMAL CONTROL) 7-6E W WATER USE AND SERVICE Abandoned Service Pipes 13-1-3 Care Of Water Heaters During Service Shutoffs 13-1-5 City Not Responsible For Breaks !n Lines 13-1-2 City's Right To Shut Off Service, Establish Fee 13-1-4 Closing Of Accounts 13-1-8 Connections Alteration To Services 13-1A-8 Application For Service Connection 13-1A-2 Approval Before Backfilling 13-1A-7 Conditions For Service Taps By City 13-1A-4 Connecting City Lines To Private Systems Restricted 13-1A-13 April 2013 City of Dubuque WATER USE AND SERVICE (cont.) Installation And Maintenance At Expense Of Owner 13-1A-12 Installation Standards And Materials 13-1A-6 Mandatory Connection; Notice; Completion Of Work 13-1A-1 Required Depth Of Service Pipes 13-1A-11 Separate Connections 13-1A-9 Service Connections Installed 13-1A-5 Tap Charges 13-1A-3 Water Supply Control Devices 13-1A-10 Cross Connection Control City Manager's Authority 13-1D-3 Customer Noncompliance 13-1D-8 Customer Responsibilities 13-1 D-6 Definitions 13-1 D-2 Existing Water Services 13-1D-5 Fees 13-1D-9 New Water Services 13-1 D-4 Penalty 13-1D-10 Purpose 13-1D-1 Required Backflow Prevention Assemblies 13-1D-7 Separability Of Provisions 13-1D-11 Extension Of Mains 13-1-13 Fire Lines 13-1-14 Impersonation Of Department Inspectors 13-1-11 Information As To Location Of Mains And Pipes 13-1-12 Nonliability Of City In Turning On Service 13-1-6 Provisions Of Chapter Part Of Contract 13-1-1 Rates Construction Use 13-1C-3 Fire Sprinkler Service 13-1C-2 Payment Of Bills 13-1C-4 Residential, Commercial, Industrial And All Other Uses 13-1C-1 Right Of Access For Inspection 13-1-10 Service Turned On By City Only 13-1-7 Use Of Fire Hydrants Restricted 13-1-9 Water Meters Accuracy, Testing 13-1B-11 Check Valves On Water Heaters 13-1B-10 Installing Multiple Meters In Same Building 13-1B-7 Location, Method Of Installation 13-1B-4 Meters Furnished By City Or Owner 13-1B-2 Meters Required 13-1B-1 Protecting Meter And Accessories From Damage 13-1 B-8 Reading Meters 13-1B-12 Remote Readers 13-1B-5 Right To Repair Without Notice; Tampering Prohibited 13-1 B-9 February 2012 City of Dubuque -w- -z- WATER USE AND SERVICE (cont.) Services Larger Than Two Inches 13-1B-6 Unmeasured Flow Reducer Installed 13-1B-3 WEAPONS Possession Of Firearms, Weapons And Fireworks In Parks 10-5B-12 Weapons, Firearms And Fireworks 7-5A-10 WEEDS (See Also TREES AND WEEDS) 6-8 WINE (See Also LIQUOR CONTROL) 4-2B X Y Z ZONING (See Also UNIFIED DEVELOPMENT CODE) Title 16 February 2012 City of Dubuque