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Supplement No. 16 - Code of Ordinances - November, 2014STERLING CODIFIERS 3906 Schreiber Way Coeur d'Alene, ID 83815 (208) 665-7193 INSTRUCTION SHEET: DUBUQUE, Iowa Supplement No. 16/November, 2014 Includes Ordinances: 38-14 through 43-14, 46-14 through 52-14 and code change REMOVE PAGE HEADED INSERT NEW PAGE HEADED VOLUME I' Preface TABLE OF CONTENTS: TableOf Contents, Title 1, Administration and following page Preface Table Of Contents, Title 1, Administration and following two pages TITLE 2: 2-3-1, Chapter 3, Investment Oversight 2-3-1, Chapter 3, Investment Oversight p and following page TITLE 3: Title 3, Revenue And Taxation 3-4B-1, Chapter 4, Article B. Enterprise and following page TITLE 5: Title 5, Transit System and following two pages (entire Title) Title 3, Revenue And Taxation 3-4B, Chapter 4, Article B. Enterprise Title 5, Transit System and following two pages TITLE 10: 10-7-8, 10-7-8: Launching, Removing Boat 10-7-8, 10-7-8: Launching, Removing Boat and -following page . . and following page TITLE 12: Title, 12, Airport and following seven pages (entire Title) VOLUME II TABLE OF CONTENTS: Table Of Contents, Title 1, Administration and following page Title 12, Airport and following ten pages Table Of Contents, Title 1, Administration and following two pages REMOVE PAGE HEADED TITLE 13: Title 13, Public Utilities 13-2D-2, Authorized Representative Of and following three pages TITLE 14: 14-1H-2, foot below the roof and terminate 14-2-3, vided, that a fee is paid for each TITLE 16: 16-2-3, tions forwhich necessary permits 16-2-3, Extraterritorial Jurisdiction (ETJ) 16 2-3, Yard, Required: See definition 16-5-2, dwellings and related recreational 16-5-3, 16-5-3: R-2 Two -Family Residential and following page 16-5-4, 16-5-4: R -2A Alternate Two -Family 16-5-5, 16-5-5: R-3 Moderate Density and following page 16-5-6, 16-5-6: R-4 Multi -Family Residential' and following page 16-7, Chapter 7, Supplemental Use. Regulations 16-7-4, 16-7-4: Adult Entertainment 16-8-5-10, B. A gas station may be allowed in 16-8-5-10, Vehicle salesor rental. A vehicle` 16-9-5, peculiar to the property is claimed and following page 16-11-2, C. Southwest Arterial Corridor 16-13-2, 1. Urban Renewal Districts and .following page INDEX: - A-, Accessibility Code For Readily Achievable -B-, Bicycles (cont.) - C-, Central Market (cont.) and following four pages -H-, Human Rights (cont.) and following page - P-, Parks And Recreation (cont.) and following four pages - U-, Unified Development..., Overlay Districts and following page INSERT NEW PAGE HEADED Title 13, Public Utilities 13-2D-2, Authorized Representative Of and following four pages 13-2E-1, Chapter 2, Article E. Fats, Oils and following page (insert immediately after page headed 13-2D-12, Further orders and directives) 14-1H-2, foot below the 'roof and terminate 14-2-3, vided, that a fee is paid for each 16-2-3, tions for which necessary permits 16-2-3, Extraterritorial Jurisdiction (ETJ) 16-2-3, Yard, Required: See definition 16-5-2, dwellings and related recreational and following page 16-5-3, 16-5-3: R-2 Two -Family Residential and following page 16-5-4, 16-5-4: R -2A Alternate Two -Family 16-5-5, 16-5-5: R-3 Moderate Density and following page 16-5-6, 16-5-6: R-4 Multi -Family Residential and following page 16-7, Chapter 7, Supplemental Use Regulations 16-7-4, 16-7-4: Adult Entertainment and following page 16-8-5-10, B. A gas station may be allowed in 16-8-5-10, Vehicle sales or rental. A vehicle 16-9-5, peculiar to the property is claimed and following page 16-11-2, C. Southwest Arterial Corridor 16-13-2, 1. Urban Renewal Districts - A-, Accessibility Code For Readily Achievable and following page - B-, Bicycles (cont.) - C-, Central Market (cont.) and ;following three pages - H-, Human Rights (cont.) and following two pages - P-, Parks And Recreation (cont.) and following five pages -U-, Unified Development..., Overlay Districts and following page PREFACE This city code of the city of Dubuque, as supple- mented, contains ordinances up to and including ordinance 37-14, passed June 2, 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 July 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 (Rep. by Ord. 65-12, 12-17-2012) 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 July 2014 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 July 2014 2 3 4 City of Dubuque TITLE 9 (cont.) Parking Impoundment Of Vehicles Miscellaneous City Provisions ... 16 Community Teleprogramming Commission (Rep. by 14 Ord. 5-12, 2-6-2012) 3B 15 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 10 Public Ways And Property Streets, Sidewalks And Other Public Places 1 Excavations 2 Encroachments On Public Places 3 Waste Collection Receptacles 3A Newsracks 3B Projecting Signs 3C Other Encroachments 3D Sidewalk Cafes 3E Mailboxes 3F Parades, Assemblies And Special Events 4 Parks And Recreation 5 Administration 5A Use Regulations 5B Specific Parks, Open Spaces And Trails 5C Railroads 6 Boats, Boating And Waterfront Structures Valet Drop Off Parking; Permit Requirements TITLE 12 Airport Administration And Enforcement 1 General Regulations 2 3 Airport Zoning Regulations TITLE 13 7 Public Utilities 8 Water Use And Service Connections TITLE 11 Rights Of Way Nonfranchised Communications Systems Cable Right Of Way Regulations Cable Communications Open Video Systems Cable Television Cable Franchise Agreement . 1 1A Water Meters 1B Rates 1C Cross Connection Control 1D Sewers And Sewage Disposal . 2 Discharge Regulations 2A Private Disposal Systems; 1 Private Haulers .. 2 Rates 2A Industrial Pretreatment 2B Program 2D 3 Gas Main Connections 3 . 3A Stormwater Management 4 2B 2C City of Dubuque July 2014 TITLE 13 (cont.) IIIicit Connections And Discharges To Storm Sewer System 5 Solid Waste 6 City Or Private Collection Service 6A TITLE 14 Building And Development Building Codes 1 Building Code And Regulations . 1A Residential Code 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 Conoiruntion, 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 Swimming Pools Signs (Rep. by Ord. 52-09. 10-18-3009) 10 Flood Areas 11 Erosion And Sediment Control . . 12 Solar Thermal Licenses 13 Solar Thermal System Permits And Inspections 14 TITLE 15 Planning And Zoning Comprehensive Plan 1 Long Range Planning Advisory Commission 2 TITLE 16 Unified Development Code PART 1. GENERAL PROVSONS TUe, 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 8 Site Plans 12 9 Site Design Standards 13 Parking 14 Signs 15 July 2014 INDEX City of Dubuque 2-3-1 CHAPTER 3 INVESTMENT OVERSIGHT ADVISORY COMMISSION SECTION: 2-3-1: Commission Created 2-3-2: Appointment; Composition; Terms 2-3-3: Powers And Duties 2-3-4: Reports Provided 2-3-5: Rules 2-3-6: Meetings 2-3-7: Policies Applicable To Commission Operations 2-3-3 2-3-1: COMMISSION CREATED: The investment oversight advisory commission is hereby created. (2007 Code § 2-231) 2-3-2: APPOINTMENT; COMPOSITION; TERMS: A. The investment oversight advisory commission members shall be appointed by the city council. The commission shall be made up of five (5) members of the community with knowledge about invest- ments and finance but with no affiliation with a firm or corporation which does now or may in the future provide investment or financial advice or services to the city. B. Members appointed shall serve three (3) year terms. (2007 Code § 2-232) 2-3-3: POWERS AND DUTIES: The investment oversight advisory commission shall: A. Review the actions and decisions of the finance director -city treasurer and the city's money managers for compliance with the city's investment policy and report any noncompliance to the city council; City of Dubuque 2-3-3 2-3-7 B. Recommend, as needed, changes in the city's investment policy to the city council; and C. Review the investment performance of the city and the city's money managers and report to the city council concerning same at least quarterly. (2007 Code § 2-233) 2-3-4: REPORTS PROVIDED: The finance director -city treasurer shall provide the investment oversight advisory commission monthly, quarterly and annual reports of the finance director -city treasurer and the city's financial advisors. (2007 Code § 2-234) 2-3-5: RULES: The commission may adopt, amend or rescind such rules as may be necessary for the conduct of its business. (2007 Code § 2-235) 2-3-6: MEETINGS: A. The commission shall meet not less than quarterly as it determines appropriate. B. A quorum of the commission shall be three (3) members. A majority of the members present and voting shall be necessary for the passage of any motion. The chairperson shall vote as a member of the commission. (2007 Code § 2-236) 2-3-7: POLICIES APPLICABLE TO COMMISSION OPERATIONS: All administrative, personnel, accounting, budgetary and procurement policies of the city shall govern the commission in all of its operations. (2007 Code § 2-238) City of Dubuque TITLE 3 REVENUE AND TAXATION Subject Chapter Property Tax 1 Revitalization Areas 23 Hotel And Motel Tax Economic Development 4 3 Industrial Projects 4A4B Enterprise Zone Commission Speculative Shell Buildings Of Community Development Organizations And For 4C Profit Entities 4C Residential Relocation Assistance Program City of Dubuque 3-4B-1 CHAPTER 4 ECONOMIC DEVELOPMENT ARTICLE B. ENTERPRISE ZONE COMMISSION SECTION: 3-4B-1: 3-4B-2: 3-4B-3: 3-4B-4: 3-4B-5: 3-4B-6: Commission Created Composition Term; Filling Of Vacancies; Compensation Organization Procedures For Operations Duties 3-4B-2 3-4B-1: COMMISSION CREATED: There is hereby created an enterprise zone commission. (2007 Code § 15-53) 3-4B-2: COMPOSITION: The commission created by this article shall consist of the following nine (9) members: one representative of an international labor organization, one member chosen by the Iowa department of economic development, one representative of the city council, one member of the Northeast Iowa Community College board of directors, one member of the city's long range planning advisory commission, one representative of the local Iowa Workforce Development Center and three (3) at large members selected by the first six (6) representatives, one of whom shall be a representative of that area within a certified zone that also meets the requirements for eligibility for an urban enterprise community under title XIII of the federal omnibus budget reconciliation act of 1993. Notwithstanding any other section of this code, ast members of the comsion representing the Workforce Development shall Collegewa Community and the Iowa not be required to be residents of the city. (2007 Code § 15-54) City of Dubuque 3-4B-3 3-4B-4 3-4B-3: TERM; FILLING OF VACANCIES; COMPENSATION: A. Term: The term of office of a member of the commission shall be three (3) years. B. Removal Of Member: A commission member may be removed at any time with or without cause by a vote of two-thirds (2/3) of all members of the city council. C. Filling Vacancy: A vacancy on the commission caused by resignation or otherwise shall be filled for the unexpired term by the same procedure as when the commission was first established. D. Compensation: Members of the commission shall serve without compensation. (2007 Code § 15-55) 3-4B-4: ORGANIZATION: A. Officers: The commission shall choose annually, at its first regular meeting of the calendar year, one of its members to act as chairperson, and another of its members to act as vice chairperson to perform all of the duties of the chairperson during the chairperson's absence or disability. B. Rules And Regulations: The commission shall adopt such rules and regulations governing its organization and procedures as it may deem necessary, consistent with the following: 1. The commission shall meet as necessary to fulfill the purposes for which the commission was created. 2. The commission shall follow the rules prescribed by law for enterprise zone commissions. 3. Members of the commission shall attend at least two-thirds (2/3) of all meetings within any consecutive twelve (12) month period. If any member fails to attend such prescribed number of meetings, such failure shall constitute grounds for the commission to recommend to the city council that said member be removed. Attendance of all members shall be entered on the minutes. 4. The commission shall file with the city clerk a copy of the minutes of each meeting of the commission within ten (10) working days after such meeting. (2007 Code § 15-57) City of Dubuque 3-4B-6 3-4B-5 3-4B-5: PROCEDURES FOR OPERATIONS: All administrative, personnel, accounting, budgetary and procurement policies of the city shall govern the commission in all its operations. (2007 Code § 15-58) 3-4B-6: DUTIES: The commission shall review applications for tax incentives and assistance for eligible businesses based on criteria specified by law and shall transmit its recommendation, along with the application, to the Iowa department of economic development for its review and decision. (2007 Code § 15-56) City of Dubuque TITLE 5 TRANSIT SYSTEM Subject Transit Advisory Board; General Provisions 1 Chapter City of Dubuque 5-1-3 5-1-1 CHAPTER 1 TRANSIT ADVISORY BOARD; GENERAL PROVISIONS SECTION: 5-1-1: Board Appointment; Term; Officers 5-1-2: Quorum; Voting Requirement 5-1-3: Powers And Duties Of Board 5-1-4: Meetings 5-1-5: Procedures For Operations 5-1-6: Fare Increase Or Reduction In Service, Procedure 5-1-1: BOARD APPOINTMENT; TERM; OFFICERS: A. Appointment; Term: The transit advisory board shall comprise five (5) trustees appointed by the city council. All appointments shall be for a term of three (3) years or until a successor has been appointed and qualified. ect from its own er a B. Officers: rsoneandnalt sedvisory cretary whodshalllll serve for such terms as chairpersonandthe cha board shall determine. (2007 Code § 46-68) 5-1-2: QUORUM; VOTING REQUIREMENT: Three (3) members of the board shall constitute a quorum for the transaction of business. All action of the board shall be by resolution and the affirmative vote of at least three (3) members shall be necessary for the adoption of any resolution. (2007 Code § 46-69) 5-1-3: POWERS AND DUTIES OF BOARD: The board shall: A. Advise the city council on executing agreements and grants relating to the transit system operation and the purchase of new equipment. City of Dubuque 5-1-3 5-1-6 B. Advise the city council on rates, fares or charges for the trans- portation of passengers and any incidental services and the rates or charges to be made for advertising in buses or any other facility. (2007 Code § 46-71) 5-1-4: MEETINGS: A. Regular Meetings: The board shall meet not less than bimonthly on a regularly scheduled day. B. Attendance Requirement: Members of the board shall attend at least two-thirds (2/3) of all regularly scheduled meetings within any twelve (12) month period. If any member does not attend such prescribed number of meetings, it shall constitute grounds for the board to recommend to the city council that said member be replaced. Attendance of all members shall be entered on the minutes. C. Copies Of Minutes Filed With Clerk: The board shall file with the city clerk a copy of the minutes of each regular and special meeting of the board within ten (10) working days after each such meeting. (2007 Code § 46-74) 5-1-5: PROCEDURES FOR OPERATIONS: All administrative, personnel, accounting, budgetary and procurement policies of the city shall govern the board in all of its operations. (2007 Code § 46-75) 5-1-6: FARE INCREASE OR REDUCTION IN SERVICE, PROCE- DURE: A. Public Hearing; Notice: Prior to the adoption of any fare increase or a substantial reduction in service by the city council, the city council shall set a time and place for public hearing on such proposed fare increase or reduction in service, and shall cause a notice of the time and place of such hearing to be published in a newspaper of general circulation in the city at least ten (10) and not more than thirty (30) days prior to such hearing. B. Contents Of Notice: The notice shall state the time and place of hearing, shall include a summary of the proposed fare increase or reduction in service level, shall indicate who the increase or reduction will affect, shall indicate the date the increase or reduction City of Dubuque 5-1-6 5-1-6 will take effect, and shall request that interested persons comment, in writing filed with the city clerk prior to the time of the public hearing or in person at the public hearing, on the proposed increase or reduction. The notice shall also state that any comments submitted will be considered by the city council, and that following the public hearing, the city council will act to adopt or reject the proposed fare increase or reduction in service. (2007 Code § 46-76) City of Dubuque 10-7-10 10-7-8 10-7-8: LAUNCHING, REMOVING BOAT FROM WATER AT PUBLIC LAUNCHING RAMPS: A. No passenger shall occupy a motor vehicle being used to launch a boat at any of the public ramps. B. No passenger sheboat from the water and the pulling of theboat loccupy aboat during the ler the in up removal of th the ramp. (2007 Code § 10-31) 10-7-9: REPAIRS TO BOATS AT PUBLIC LAUNCHING RAMPS: Repair work to boats and motors shall not be conducted while boats are tied to any public launching ramp except in those emergency situations where reasonable likelihood of injury to property or persons exists or would exist if the repairs were not made. (2007 Code § 10-32) 10-7-10: WATER OPERATION RULES: An owner or operator of a watercraft operating in waters under the jurisdiction of the city shall conform to the following rules: A. Careful Operation: An operator of a motorboat or watercraft shall at allent times navigate antin a careful ot to endangerdtheulivesranner and at property of such a ratee speed peed as others. B. Areas Of No Wake Speed: An owner, operator or person in command or control of any powerboat shall operate the powerboat or permit it to be operated at no wake speed in any of the following areas: 1. Within one hundred feet (100') of any person in the water; 2. Within two hundred feet (200') of any quay or landing float to which boats are made fast or that is used for embarking or discharging passengers; and 3. In the Ice harbor and Dove harbor. C. Obstructing Public Landings: No person shall anchor a boat for fishon of the cityoinoth suchr purposes tion as to obstruct access to public landings. of the enp City of Dubuque 10-7-10 10-7-13 D. Precautions During Mooring: The operator of a boat or any other type of watercraft, when mooring the craft, shall exercise reasonable precautions to make sure that the vessel or craft will not go adrift, and that the action of the water will not cause it to injure or endanger the property of others. (2007 Code § 10-33) 10-7-11: REMOVAL OF SUNKEN, DERELICT OR ABANDONED CRAFT: The city manager may direct the removal and destruction of any sunken, derelict or abandoned craft, float or boathouse when the city manager determines that the same constitutes a nuisance. The owner of any such craft, float or boathouse shall remove the same when directed to do so by the city manager. (2007 Code § 10-34) 10-7-12: NO PARKING AREAS: The city manager is hereby authorized and empowered to establish "no parking areas" on riverfront property areas and, when any such areas shall be established by ordinance, and signs have been posted giving notice, it shall therefore be unlawful for the owner or operator of any motor vehicle or boat trailer to park the same in such areas. (2007 Code § 10-35) 10-7-13: ACTIVITIES PROHIBITED: A. Places And Hours Of Restriction: 1. No person shall swim, ice skate or operate a vessel towing a person or persons on water skis, surfboard or similar device, nor shall any person engage in waterskiing, surfboarding or similar activity at any time in the following areas: a. Dubuque marina harbor. b. Bissell harbor. c. Schmitt harbor. d. Dove harbor, Seventh Street area. e. Ice harbor. 2. In all other areas under the jurisdiction of the city, no person shall swim, ice skate or operate a vessel towing a person or persons on City of Dubuque 10-7-14 10-7-13 water skis, surfboard or similar device, nor shall any person engage in waterskiing, surfboarding or similar activity at any time between the hours of one-half (1/2) hour after sunset to sunrise. B. Schmitt Harbor And Hithin five huworne reet ndredoat feeR (500') of amps: No person Schmatt ll swim or ice skate harbor boat ramp and the Hawthorne Street boat ramp. C. Riverview Park: No person shall swim or wade in the waters adjacent to Riverview park. D. Rivers Edge Plaza Or he Rivers'No EdgepPla�a or the r verwalkn sall swim or wade in the waters adjacent to t E. Use Or Consumption Of Liquor, Wine Or Beer: It shall be unlawful for any person to use or consume alcoholic liquors, wines or beer in the Hawthorne Street area described as being that section of land bordered on the east by the Mississippi River, on the south by the Peosta Channel, on the west by the mooring slips of the Dubuque marina, and on the north by Volunteer Drive; provided, however, the dispensing of beer for consumption in the Hawthorne Street area shall be permitted by a licensed beer permit holder who has obtained written approval from the city manager authorizing the use of the Hawthorne Street area for such purpose. (2007 Code § 10-36) 10-7-14: DRIVING Oe ER I oE•a anyf No person onhall the opce tsurfacewofoany bile or motor waterway. (2007 Code § 10-37) City of Dubuque TITLE 12 AIRPORT Subject Chapter Administration And Enforcement 1 General Regulations 2 Airport Zoning Regulations 3 City of Dubuque 12-1-1 SECTION: 12-1-1: 12-1-2: 12-1-3: CHAPTER 1 ADMINISTRATION AND ENFORCEMENT Airport Commission Airport Manager Airport Zoning Commission 12-1-1 12-1-1: AIRPORT COMMISSION: A. Powers, Generally: The airport commission of the city shall have and exercise the powers to manage and control the regional airport of the city, except that such commission shall not have the power to sell such airport. (2007 Code § 4-40) B. Powers, Rule Making: The airport commission shall promulgate and put in force such rules and regulations as shall be deemed necessary and appropriate for the order, operation, management, control and supervision of the regional airport. (2007 Code § 4-41) C. Powers, Control Of Funds: All funds derived from taxation or otherwise for airport purposes shall be under the control of the airport commission of the city for the purposes of management, operation and control of the regional airport and shall be deposited with the finance director -city treasurer to the credit of the airport commission and shall be disbursed only on the written warrant or order of the airport commission including the payment of all indebtedness arising from the acquisition and construction of airports and the maintenance, operation and extension thereof. (2007 Code § 4-42) D. Oath: Each member of the airport commission of the city shall qualify by taking the oath of office. (2007 Code § 4-43) E. Certification Of Annual Tax Levy: The airport commission of the city shall annually, certify the amount of tax within the limitations of law City of Dubuque 12-1-1 12-1-3 to be levied for airport purposes and upon such certification, the city council may include such amount in its budget. (2007 Code § 4-44) F. Annual Report: The airport is audited as part of the annual external city audit and such report is available for review at the Carnegie - Stout Free Public Library and city clerk's office. (2007 Code § 4-45) G. Appointment; Terms; Compensation: 1. The airport commission shall have a membership of five (5) persons appointed by the city council for four (4) year terms. Such members shall serve without compensation. (Ord. 65-05, 12-5-2005) 2. The commission shall elect from its own members, a chairperson, vice chair and a secretary who shall serve for such terms as the commission shall determine. (2007 Code § 4-46) 12-1-2: AIRPORT MANAGER: A. Office Created: The office of airport manager is hereby created, who shall perform such duties as shall from time to time be required. (2007 Code § 4-56) B. Duties: In addition to general management and supervision of the airport, including the regulation of all activities connected therewith, the airport manager shall be responsible for all activities of the civil landing area, the continued maintenance of adequate personnel, protective facilities, and records of all flight operations as may be required by the federal aviation administration; prohibit the operation of civil aircraft in violation of any rules or regulations prescribed by the federal aviation administration; issue all permits approved by the airport commission; and collect all fees prescribed by ordinances of the city or the rules and regulations provided for in this title. (2007 Code § 4-57) 12-1-3: AIRPORT ZONING COMMISSION: A. Commission Established: There is hereby established a joint commission to be known as the airport zoning commission of the county and city. (2007 Code § 4-61) B. Composition: The commission established by this section shall be composed of five (5) members selected and appointed as follows: City of Dubuque 12-1-3 12-1-3 1. Two (2) members selected by the city council; 2. Two (2) members selected by the board of supervisors of this county; 3. One member selected by the four (4) members selected by the city council and county board of supervisors. (2007 Code § 4-62) C. Terms: The terms of the members of the commission established by this section shall be for four (4) years. (2007 Code § 4-63) D. Powers And Duties: 1. The commission established by this section shall make recommendations to the board of supervisors of the county and the city council as to the boundaries of the original airport hazard area in the county and the appropriate regulations and restrictions to be enforced therein. Such commission shall, with due diligence, prepare a preliminary report on such matters and hold public hearings thereon before submitting its final report. 2. The commission shall have such other powers and duties as may hereafter be assigned to it by joint resolution of the board of supervisors of the county and the city council. (2007 Code § 4-64) City of Dubuque (7 12-2-1 SECTION: 12-2-1: 12-2-2: 12-2-3: 12-2-4: 12-2-5: 12-2-6: 12-2-7: 12-2-8: 12-2-9: CHAPTER 2 GENERAL REGULATIONS Name Limitations On Use Government Regulations Adopted; Conformance Permits Required Registration Required Waiver And Indemnification Of City Violations; Ejection Of Offenders Off Airport Car Rental Business Parking Lots Established; Fees 12-2-3 12-2-1: NAME: The airport located in Table Mound township now the property of the city is hereby named "Dubuque regional airport". (2007 Code § 4-1) 12-2-2: LIMITATIONS ON USE: Only aircraft and airmen licensed by the federal aviation administration of the United States department of transportation shall operate on or over the airport; provided, however, that this restriction shall not apply to public aircraft of the federal government or of a state, territory or possession, or of a political subdivision thereof, or to aircraft licensed by a foreign country with which the United States has a reciprocal agreement covering the operation of such licensed aircraft. (2007 Code § 4-2) 12-2-3: GOVERNMENT REGULATIONS ADOPTED; CONFOR- MANCE: A. Adoption: The federal air regulations as established by the federal aviation administration are hereby adopted by reference and made a part of this chapter except where they are in conflict with the federal regulations. (2007 Code § 4-3) City of Dubuque 12-2-3 12-2-6 B. Conformance Required: No person shall navigate any aircraft over, land upon, or fly the same from, or service, maintain, or repair any aircraft upon the airport, or conduct any aircraft operations on or from the airport otherwise than in conformity with the requirements of the federal aviation administration. (2007 Code § 4-4) 12-2-4: PERMITS REQUIRED: A. Aviation: No person shall use the airport as a base or terminal for the carrying on of commercial aviation, the carrying of passengers, freight, express, mail, or for student flying, communications or other commercial or private purpose, without first securing a permit from the airport commission and paying the fees and charges prescribed for such privileges, uses, or services rendered. (2007 Code § 4-6) B. Concessionaires: No person shall engage in the sale of refreshments or of any other commodity, gasoline, oil, or any other merchandise, or render any services for hire within the confines of the airport without having first secured a permit from the airport commission and paid, or made satisfactory arrangements to pay, such fees or other sums of money as may be fixed and determined by the airport commission for such privilege or concession. (2007 Code § 4-7) 12-2-5: REGISTRATION REQUIRED: The names, addresses, telephone numbers, and nature of business or occupation of all persons stationed or employed upon the city airport or receiving instruction thereon, or operating therefrom, shall be registered at the administration office of the airport, except United States officers or personnel. (2007 Code § 4-8) 12-2-6: WAIVER AND INDEMNIFICATION OF CITY: The permission granted by the airport commission to use the airport and its facilities, or to fly to, from or over the same, shall be at all times conditioned upon the assumption of full responsibility therefor by every person exercising or taking advantage of such permission. It shall be a further condition thereof that each person, as a consideration for the use of the airport and for its facilities, shall at all times release, hold harmless and indemnify the city, its officials and their agents and employees from any and all responsibility, liability, loss or damage resulting to any such person, or caused by or on his behalf and incident to the manner in which the airport is operated, constructed or maintained, or served from within or City of Dubuque 12-2-6 12-2-9 without, or used from without. The use of the airport by any person for any purpose, or the paying of fees therefor, or the taking off or landing of aircraft thereon shall be itself an acknowledgment that such person accepts such privileges on the condition herein set forth. (2007 Code § 4-9) 12-2-7: VIOLATIONS; EJECTION OF OFFENDERS: Any person operating or handling any aircraft or vehicle in violation of the provisions of this title, the rules and regulations promulgated hereunder, or amendments thereto, or who refuses to comply therewith shall be promptly removed and ejected from the airport by or under authority of the airport manager, and, upon the written order of the airport manager, may be denied the further use of the airport and its facilities for such length of time as may be required to ensure the safety of the airport and the public and its interest therein. (2007 Code § 4-10) 12-2-8: OFF AIRPORT CAR RENTAL BUSINESS: No person operating a car rental business shall pick up a person at the airport for the purpose of renting to such person a car or other motor vehicle without a prior written agreement with the airport commission to conduct such car rental business. (2007 Code § 4-11) 12-2-9: PARKING LOTS ESTABLISHED; FEES: A. Rules And Regulations: The airport commission is authorized and directed to establish parking rules and regulations for the parking lots at the Dubuque regional airport. B. Parking Spaces And Traffic Lanes: The airport commission shall establish and designate by suitable markings, parking spaces and traffic lanes on airport parking lots. It shall be unlawful to park any motor vehicle in such a position that the same shall not be entirely within such marked parking space or to park in other than marked parking spaces. C. Parking Fees: The airport commission is authorized to establish parking fees at the airport. It shall be unlawful for any person to park at the airport without paying the established parking fee. (2007 Code § 4-21) City of Dubuque 12-3-1 SECTION: 12-3-1: 12-3-2: 12-3-3: 12-3-4: 12-3-5: 12-3-6: 12-3-7: 12-3-8: 12-3-9: CHAPTER 3 AIRPORT ZONING REGULATIONS Short Title Definitions Board Of Adjustment Zones Height Limitations Land And Nonconforming Use Restrictions Appeals Enforcement Conflicting Regulations 12-3-2 12-3-1: SHORT TITLE: This chapter shall be known and may be cited as the DUBUQUE REGIONAL AIRPORT ZONING RESOLUTION. (2007 Code § 4-71) 12-3-2: DEFINITIONS: As used in this chapter, unless the context otherwise requires, certain terms and words shall be construed as provided in this section: The Dubuque regional airport and the lands embraced by the description as provided in the most current exhibit A documentation located at the airport administrative offices. Any structure or tree or use of land which would exceed the federal obstruction standards as contained in code of federal regulations, sections 77.21, 77.23 and 77.25 as revised March 4, 1972, and which obstructs the airspace required for the flight of aircraft and landing or takeoff at an airport or is otherwise AIRPORT: AIRPORT HAZARD: City of Dubuque 12-3-2 12-3-3 hazardous to such landing or taking off of aircraft. AIRPORT Latitude 42 degrees 24'07°16", longitude 90 REFERENCE POINT: degrees 42'34°14". Airport elevation one thousand seventy six feet (1,076') mean sea level. BOARD: USABLE LANDING AREA: The airport zoning board of adjustment created by the provisions of section 12-3-3 of this chapter. That portion of the airport which is used or intended to be used for actual landings or takeoffs of aircraft at the airport. (2007 Code § 4-72) 12-3-3: BOARD OF ADJUSTMENT: A. Board Established; Composition; Terms: An airport zoning board of adjustment is hereby established which shall consist of five (5) members, two (2) to be selected by the city council, two (2) to be selected by the board of supervisors of the county and an additional member who shall act as chairman of the board to be selected by a majority vote of the members selected by the city and the county. The terms of the members of the board shall be for five (5) years. (2007 Code § 4-81) B. Procedures: The procedures and the conduct of the affairs of the board established by this section shall be in accordance with the provisions of section 414.9, code of Iowa. (2007 Code § 4-82) C. Powers: The airport zoning board of adjustment shall have the following powers: 1. To hear and decide appeals where it is alleged there is error in any order, requirement, decision or determination made by an administrative official in the enforcement of this chapter. 2. To authorize in specific cases such variances from the terms of this chapter as will not be contrary to the public interest, when the board shall find that, owing to special conditions, a literal application or enforcement of the regulations would result in practical difficulty or City of Dubuque 12-3-4 12-3-3 unnecessary hardship, if the variances are in harmony with the general purpose and intent of this chapter and the code of Iowa and would do substantial justice. The board in allowing variances may impose such reasonable conditions as it may deem necessary to effectuate the purposes of this chapter including the reservation of the right to the city and county, or either of them, at the expense of such city or county to install, operate and maintain such markers and lights as such city or county shall deem to be necessary to indicate presence to the operators of aircraft in the vicinity of the airport, the p of an airport hazard. Every variation granted or denied by the board shall be accompanied by a written findings of fact based upon sworn testimony and evidence specifying the reasons for granting or denying the variation. (2007 Code § 4-83) D. Scope Of Authority On Appeals: In exercising its powers on appeal, the board established by this section may reverse or affirm wholly or partly or may modify the order, requirement, decision or detd have all of the powers aofficer from whom the appeal iht to be made and to that s aken.11(2007 Code the powers of the § 4-84) E. Required Vote On Decisions: The concurring vote of a majority of the board established by this section shall be necessary to reverse any order, requirement, decision or determination of any administrative official or to decide in favor of the applicant on any matter on which it is required to pass under this chapter or to effect any variation from the terms thereof. (2007 Code § 4-85) F. Review Of Decisions: Review of decisions of the board established by this section shall be in accordance with sections 414.15 to 414.19, inclusive, of the code of Iowa. (2007 Code § 4-86) 12-3-4: ZONES: A. Generally: In order to carry out the purpose of this chapter, airport airspace is created by this section embracing the area in and around the boundaries of the airport, which airspace shall be as provided in this section. (2007 Code § 4-91) B. Class D Navigable Airspace: 1. The Dubuque regional airport is surrounded by class D navigable airspace. This airspace is controlled during operating hours of the air traffic control tower and extends five (5) statute miles from the City of Dubuque 12-3-4 12-3-6 airport and upward to two thousand five hundred feet (2,500') above ground level. 2. Imaginary surfaces are established with relation to the airport and each runway. The size, slope, and dimension of each imaginary surface is based on the category of approach for each designated runway, as established under CFR 14 part 77. Airport imaginary surfaces are continually updated and are available from airport administration. (2007 Code § 4-92) 12-3-5: HEIGHT LIMITATIONS: A. Generally: Except as otherwise provided in this chapter, no structure or tree shall be erected, created, established, planted or allowed to grow in any zone described in section 12-3-4 of this chapter to a height in excess of the height limits established by this section for the respective zones, nor shall any nonconforming structure or tree be so replaced, rebuilt, altered, allowed to grow higher, or replanted in any such zone as to extend to a greater height than the height thereof prior to such change or as to constitute a greater airport hazard than it was on March 3, 1952, or at the time of any amendments to this chapter. (2007 Code § 4-101) B. Height And Hazard Zoning Map: No obstruction shall be erected, created, established, planted, or allowed to grow in any imaginary surface area, in excess of height limits established under CFR 14 part 77 regulations and the Dubuque regional airport height and hazard limitation map. These height limitations are continually updated and are available from airport administration. (2007 Code § 4-102) 12-3-6: LAND AND NONCONFORMING USE RESTRICTIONS: A. Land: Notwithstanding any other provisions of this chapter, no use may be made of land in any of the zones described in section 12-3-4 of this chapter, in such a manner as to create electrical interference with radio communications between aircraft and ground stations, make it difficult for operators of aircraft to distinguish between lights on the airport intended for aid in landing or taking off thereat or in aerial navigation, and other lights, result in glare to the eyes of the operators of aircraft using the airport, impair visibility in any of such zones or otherwise make hazardous the landing or taking off of aircraft at the airport or the maneuvering of aircraft in connection City of Dubuque 12-3-7 12-3-6 with such landings or takeoffs; provided, however, that the mere height of trees or structures on any land in said zones conforming to the height restrictions prescribed in section 12-3-5 of this chapter shall not constitute a use of land in violation of this section. (2007 Code § 4-111) B. Nonconforming Uses: The regulations prescribed in this chapter shall not be so construed as to require the removal, lowering, changing or altering of any nonconforming structure or tree nor as to otherwise interfere with any nonconforming use of land nor as to require any change in the construction, alteration or intended use of any structure, the construction or alteration of which was begun prior to the effective date of resolution 52-52 and which was diligently prosecuted and completed within one year from the date thereof; provided, however, that the owner of any nonconforming structure or tree is hereby required to permit the city and county, or either of them, at the expense of such city or county to install, operate and maintain thereon such markers and lights as shall be deemed by such city or county to be necessary to indicate to the operators of aircraft in the vicinity of the airport, the presence of such airport hazards. (2007 Code § 4-112) 12-3-7: APPEALS: A. Generally: Appeals to the airport zoning board of adjustment may be taken by any person aggrieved or by an officer, department, board or bureau of any municipality or political subdivision affected by any decision of any administrative officer acting under the terms and provisions of this chapter. Such appeal shall be taken within a reasonable time as provided by the Ies of taken Lhe board and with byfiling Ilboardita the officer from whom the appeals notice of appeal specifying the grounds thereof. The officer from whom the appeal is taken shall forthwith transmit to the board all the papers constituting the record upon which the action appealed from was taken. (2007 Code § 4-73) B. Effect: An appeal pursuant to subsection A of this section shall stay all proceedings in furtherance of the action appealed from, unless the officer from whom the appeal is taken certifies to the board of adjustment after the notice of appeal shall have been filed with said officer that by reason of facts stated in the certificate a stay would, in the officer's opinion, cause imminent peril to life or property. In each case, proceedings shall not be stayed otherwise than by a restrain- ing order which may be granted by the board or by a court of record City of Dubuque 12-3-7 12-3-9 on application on notice to the officer from whom the appeal is taken to the board and to the appellant and on due cause shown. (2007 Code § 4-74) 12-3-8: ENFORCEMENT: The regulations prescribed by this chapter shall be administered and enforced by the airport zoning commission created by section 12-1-1 of this title and a resolution adopted by the board of supervisors of the county on March 13, 1951. Such commission may select an administrator of airport zoning regulations to assist in the performance of its duties, none of whom shall be members of the board of adjustment. (2007 Code § 4-75) 12-3-9: CONFLICTING REGULATIONS: In the event of any conflict between the requirements of this chapter and any other regulations applicable to the same area, the more stringent limitation or regulation shall govern and prevail. (2007 Code § 4-76) 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 Civil Service Commission Investment Oversight Advisory Commission Civic Center Advisory Commission 4 Housing Agency And Community Development Commissions Municipal Housing Agency And Governing Board (Rep. by Ord. 26-09, 6-1-2009) Housing Commission Community Development Advisory Commission 5C Trust Fund Advisory Committee 5D Environmental Stewardship Advisory Commission Board Of Library Trustees Arts And Cultural Affairs Advisory Commission Sister City Relationships Advisory Commission Safe Community Advisory Committee (Rep. by Ord. 65-12, 12-17-2012) 9 10 Cable Television Commission 11 TITLE 3 Revenue And Taxation Property Tax Revitalization Areas Hotel And Motel Tax Economic Development Industrial Projects Enterprise Zone Commission Speculative Shell Buildings Of Community Development Organizations And For Profit Entities 4C Residential Relocation Assis- tance Program 4D 1 2 3 4 4A 4B 1 2 TITLE 4 3 Business And License Regulations Business Licenses Generally 1 2 Alcoholic Beverages 2A Liquor, Beer And Wine 5A Licenses And Permits 2B 5B Excursion Boat Admission Fees 3 Central Market 4 Solicitor's License 5 Pawnbrokers And Secondhand Dealers; Junk And Auto Salvage Dealers 6 6A 5 Liquor Control 6 Pawnbrokers And Second - 7 hand Dealers Junk Dealers And Auto 6B 8 Salvage Dealers City of Dubuque July 2014 TITLE 4 (cont.) Vehicles For Hire And Public Transportation Nonmotorized Vehicles Motorized Vehicles For Hire 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 7 Social Host Responsibility 5E 7A Animal Control 6 7B 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 July 2014 2 3 4 City of Dubuque TITLE 9 (cont.) Parking Impoundment Of Vehicles Miscellaneous City Provisions ... 16 Community Teleprogramming Commission (Rep. by 14 Ord. 5-12, 2-6-2012) 3B 15 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 10 Public Ways And Property Streets, Sidewalks And Other Public Places 1 Excavations 2 Encroachments On Public Places 3 Waste Collection Receptacles .. 3A Newsracks 3B Projecting Signs 3C Other Encroachments 3D Sidewalk Cafes 3E Mailboxes 3F Parades, Assemblies And Special Events 4 Parks And Recreation 5 Administration 5A Use Regulations 5B Specific Parks, Open Spaces And Trails 5C Railroads 6 Boats, Boating And Waterfront Structures Valet Drop Off Parking; Permit Requirements TITLE 11 TITLE 12 Airport Administration And Enforcement General Regulations Airport Zoning Regulations TITLE 13 7 Public Utilities 1 2 3 8 Water Use And Service 1 Connections 1A Water Meters 1B Rates 1C Cross Connection Control 1D Sewers And Sewage Disposal . 2 Discharge Regulations 2A Rights Of Way Nonfranchised Communications Systems 1 Cable Right Of Way Regulations . 2 Cable Communications 2A Open Video Systems 2B Cable Television 3 Cable Franchise Agreement ... 3A Private Disposal Systems; Private Haulers 2B Rates 2C Industrial Pretreatment Program 2D Gas Main Connections 3 Stormwater Management 4 July 2014 City of Dubuque TITLE 13 (cont.) Illicit Connections And Discharges To Storm Sewer System 5 Solid Waste 6 City Or Private Collection Service 6A TITLE 14 Building And Development Building Codes 1 Building Code And Regulations . 1A Residential Code 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. 52-09, 10-19-2009) 6 Condominium Conversions And Transfers To Multiple Housing Cooperative Exterior Storage Containers And Storage Trailers Swimming Pools 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 7 July 2014 TITLE 15 Planning And Zoning Comprehensive Plan 1 Long Range Planning Advisory Commission 2 TITLE 16 Unified Development Code PART I. GENERAL PROVISIONS Title, Purpose And General Provisions 1 Definitions 2 PART II. LAND USE REGULATIONS Land Use General Provisions 3 Nonconformities 4 Zoning Districts 5 Overlay Districts 6 Supplemental Use Regulations 7 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 13 PUBLIC UTILITIES Subject Chapter Water Use And Service 1 Connections 1A 1 A Water Meters 1C B Rates 1 C Cross Connection Control D Sewers And Sewage Disposal 2 2 Discharge Regulations 2A2B Private Disposal Systems; Private Haulers Rates 2C 2DC Industrial Pretreatment Program3 Gas Main Connections 4 Stormwater Management Illicit Connections And Discharges To Storm Sewer System 5 5 Solid Waste 6 6A City Or Private Collection Service City of Dubuque 13-2D-2 AUTHORIZED REPRESENTATIVE OF INDUSTRIAL USER: BIOCHEMICAL OXYGEN DEMAND (BOD(c)): BUILDING SEWER: BYPASS: CITY: CITY MANAGER: CONTROL AUTHORITY: COOLING WATER: DIRECT DISCHARGE: 13-2D-2 An authorized representative of an industrial user may be: a principal executive officer of at least the level of vice president, if the industrial user is a corporation; a general partner or proprietor, if the industrial user is a partnership or proprietorship, respectively; a duly authorized representative of the individual designated above, if the representative is responsible for the overall operation of the facilities from which the discharge originates. The quantity of oxygen utilized in the biochemical oxidation of organic matter under standard laboratory procedure, measured at five (5) days, twenty degrees Celsius (20°C), expressed in terms of concentration (milligrams per liter (mg/I)). A sewer conveying wastewater from the premises of a user into the city's wastewater system. The intentional diversion of waste streams from any portion of an industrial user's treatment facility. The city of Dubuque, Iowa, or the city council of the city of Dubuque, Iowa. The city manager of the city of Dubuque, Iowa, or designee. Shall refer to the city manager of the city of Dubuque, Iowa. The water discharged from any use such as air conditioning, cooling or refrigeration, or to which the only pollutant added is heat. The discharge of treated or untreated wastewater directly into the waters of the state of Iowa. City of Dubuque 13-2D-2 13-2D-2 DIRECTOR: ENVIRONMENTAL PROTECTION AGENCY (EPA): GRAB SAMPLE: HOLDING TANK WASTE: The chief administrative officer of a state or interstate water pollution control agency with an NPDES permit program approved pursuant to section 402(b) of the act and an approved state pretreatment program. The U.S. environmental protection agency, or where appropriate the term may also be used as a designation for the administrator or other duly authorized official of said agency. A sample which is taken from a waste stream on a one time basis with no regard to the flow in the waste stream and without consideration of time. Any waste from holding tanks such as vessels, chemical toilets, campers, trailers, septic tanks, and vacuum pump trucks. INDIRECT The discharge or the introduction of pollutants DISCHARGE: from any nondomestic source regulated under section 307(b), (c), or (d), of the act, (33 USC 1317), into the POTW (including holding tanks wastes discharged into the system). INDUSTRIAL USER: A source of indirect discharge. INTERFERENCE: A discharge which alone or in conjunction with a discharge or discharges from other sources, both: A. Inhibits or disrupts the POTW, its treatment processes or operations, or its sludge processes, use or disposal; and B. Therefore, is a cause of a violation of any requirement of the POTW's NPDES permit (including an increase in the magnitude or duration of a violation) or of the prevention of sewage sludge use or disposal in compliance with the following statutory provisions and regulations or permits issued hereunder (or more stringent state or local regulations): City of Dubuque 13-2D-2 13-2D-2 section 405 of the clean water act, the solid waste disposal act (SWDA) (including title II, more commonly referred to as the resource conservation and recovery act (RCRA)), and including state regulations contained in any amy state sludge management plan prepared (pursuant to subtitle D of the SDWA), the clean air act, the toxic substances control act, and the marine protection, research and sanctuaries act. NPDES STATE: A state or interstate water pollution control agency with an NPDES permit program approved pursuant to section 402(b) of the act. NATIONAL A permit issued pursuant to section 402 of the POLLUTION act (33 USC 1342). DISCHARGE ELIMINATION SYSTEM OR NPDES PERMIT: NATIONAL Any regulation containing pollutant discharge PRETREATMENT limits promulgated by the E PA in accordance ce STANDARD, with section 307(b) and (c) PRETREATMENT applies to industrial users. This term includes STANDARD, general and specific prohibitions found in 40 OR STANDARD: CFR 403.5. NATIONAL Any regulation developed under the authority of PROHIBITIVE section 307(b) of the act and 40 CFR, section DISCHARGE 403.5. STANDARD OR PROHIBITIVE DISCHARGE STANDARD: NEW SOURCE: A. Any building, structure, facility or installation from which there is or may be a discharge of pollutants, the construction of which commenced after the publication of proposed pretreatment standards under section 307(c) of the act which will be applicable to such source if such standards are thereafter promulgated in accordance with that section; provided, that: City of Dubuque 13-2D-2 13-2D-2 1. The building, structure, facility or installation is constructed at a site at which no other source is located; or 2. The building, structure, facility or installa- tion totally replaces the process or production equipment that causes the discharge of pollut- ants at an existing source; or 3. The production of wastewater generating processes of the building, structure, facility or installation are substantially independent of an existing source at the same site. In determining whether these are substantially independent factors, such as the extent to which the new facility is integrated with the existing plant, and the extent to which the new facility is engaged in the same general type of activity as the existing source should be considered. B. Construction on a site at which an existing source is located results in a modification rather than a new source if the construction does not create a new building, structure, facility or installation meeting the criteria of subsection A2 or A3 of this definition, but otherwise alters, replaces, or adds to existing process or production equipment. Construction of a "new source" as defined under this definition has commenced if the owner or operator has begun, or caused to begin as part of a continuous on site construction program: 1) any placement, assembly, or installation of facilities or equipment; or 2) significant site preparation work including clearing, excavation, or removal of existing buildings, structures or facilities which is necessary for the placement, assembly, or installation of new source facilities or equipment or entered into a binding contractual obligation for the purchase of facilities or equipment which are intended to be used in its operation within a reasonable time. Options to purchase or contracts which can be terminated or modified without substantial loss, and contracts for feasibility, engineering, and City of Dubuque 13-2D-2 POTW TREATMENT PLANT: PASS-THROUGH: PERSON: 13-2D-2 design studies do not constitute a contractual obligation under this definition. That portion of the POTW designed to provide treatment of municipal sewage and industrial waste. A discharge which exits the POTW into waters of the United States in quantities or concentrations which, alone or in conjunction with a discharge or discharges from other sources, is a cause of a violation of any requirement of the POTW's NPDES permit (including an increase in magnitude or duration of a violation). Any individual, partnership, copartnership, firm, company, corporation, association, joint stock company, trust estate, governmental entity, or any other legal entity or their legal representatives, agents or assigns. The masculine gender shall include the feminine, the singular shall include the plural where indicated by context. pH: The logarithm (base 10) of the reciprocal of the concentration of hydrogen ions. POLLUTANT: POLLUTION: PRETREATMENT OR TREATMENT: Any dredged spoil, solid waste, incinerator residue, sewage, garbage, sewage sludge, munitions, chemical wastes, biological materials, radioactive materials, heat, wrecked or discharged equipment, rock, sand, cellar dirt and industrial, municipal and agricultural waste discharged into water. The manmade or man induced alteration of the chemical, physical, biological and radiological integrity of the water. The reduction of the amount of pollutants, or the alteration of the nature of pollutants, the elimination of pollutants, or the alteration of the nature of pollutant properties in wastewater to a City of Dubuque 13-2D-2 13-2D-2 PRETREATMENT REQUIREMENTS: PUBLICLY OWNED TREATMENT WORKS (POTW): REGIONAL ADMINISTRATOR: SEVERE PROPERTY DAMAGE: SHALL; MAY: SIGNIFICANT INDUSTRIAL USER: less harmful state prior to or in lieu of discharging or otherwise introducing such pollut- ants into a POTW. The reduction or alteration can be obtained by physical, chemical or biological processes, process changes or by other means, except as prohibited by 40 CFR section 403.6(d). Any substantive or procedural requirement related to pretreatment, other than a national pretreatment standard imposed on an industrial user. A treatment works as defined by section 212 of the act (33 USC 1292) which is owned by the city. This definition includes any sewers that convey wastewater to the POTW treatment plant, but does not include pipes, sewers or other conveyances not connected to a facility providing treatment. For the purposes of this article, "POTW" shall include any sewers that convey wastewater to the POTW from persons outside the corporate boundaries of the city who are, by contract or agreement with the city, users of the city of Dubuque's wastewater treatment facility. The appropriate EPA regional administrator. Substantial physical damage to property, damage to the treatment facilities which causes them to become inoperable or substantial and permanent loss of natural resources which can reasonably be expected to occur in the absence of a bypass. Severe property damage does not mean economic loss caused by delays in production. Shall is mandatory; may is permissive. A. All industrial users subject to categorical pretreatment standards under 40 CFR 403.6 and 40 CFR chapter I, subchapter N; City of Dubuque 13-2D-2 SLUG: STANDARD INDUSTRIAL CLASSIFICATION (SIC): STATE: STORMWATER: SUSPENDED SOLIDS: TOXIC POLLUTANT: 13-2D-2 B. Has a discharge flow of twenty five thousand (25,000) gallons or more per average workday of process wastewater; or C. Contributes a process waste stream which makes up five percent (5%) or more of the average dry weather hydraulic flow or organic capacity of the POTW treatment plant; or D. Is designated as such by the control authority on the basis that the industrial user has a reasonable potential for adversely affecting the POTW's operation or for violating any pretreatment standard or requirement (in accordance with 40 CFR 403.8(f)(6)). A contribution that has a flow rate or contains concentrations or qualities of pollutants that exceed for any time period longer than fifteen (15) minutes more than five (5) times the average twenty four (24) hour concentration, quantities or flow during normal operation. A classification pursuant to the standard industrial classification manual issued by the executive office of the president, office of management and budget, 1972. State of Iowa. Any flow occurring during or following any form of natural precipitation and resulting therefrom. The total suspended matter that floats on the surface of, or is suspended in, water, waste- water or other liquids, and which is removable by laboratory filtering. Any pollutant or combination of pollutants listed as toxic in regulations promulgated by the administrator of the environmental protection agency under the provision of CWA 307(a) or other acts. City of Dubuque 13-2D-2 USER: WASTEWATER: WASTEWATER DISCHARGE PERMIT: WATERS OF THE STATE: 13-2D-3: 13-2D-3 Any person who contributes, causes or permits the contribution of wastewater into the city's POTW. The liquid and water carried industrial or domestic wastes from dwellings, commercial buildings, industrial facilities and institutions, together with any ground water, surface water and stormwater that may be present, whether treated or untreated, which is contributed or permitted to enter the POTW. As set forth in subsection 13 -2D -11B of this article. All streams, lakes, ponds, marshes, water- courses, waterways, wells, springs, reservoirs, aquifers, irrigation systems, drainage systems and all other bodies or accumulations of water, surface or underground, natural or artificial, public or private, which are contained within, flow through, or border upon the state or any portion thereof. (2007 Code § 44-101) ABBREVIATIONS: The following abbreviations shall have the designated meanings: BOD(c) CFR COD EPA I mg m g/I NPDES POTW SIC Biochemical oxygen demand Code of federal regulations Chemical oxygen demand U.S. environmental protection agency Liter Milligrams Milligrams per liter National pollutant discharge elimination system Publicly owned treatment works Standard industrial classification City of Dubuque 14-1 H-6 14-1 H-2 foot below the roof and terminate not less than ten (10) inches above the roof, or as required by the administrative authority. (Ord. 39-13, 7-15-2013) 14-1 H-3: LICENSURE AND CERTIFICATION: A. Except as provided in Iowa Code section 105.11, a person shall not operate as a contractor or install or repair plumbing, HVAC, refrigeration, or hydronic systems without obtaining a license issued by the state, or install or repair medical gas piping systems without i, obtaining a valid certification approved by the state. 1111 r B. Except as provided in Iowa Code section 105.11, a person shall not engage in the business of designing, installing, or repairing plumb- ing, HVAC, refrigeration, or hydronic systems unless at all times a licensed master, who shall be responsible for the proper designing, installing, and repairing of the plumbing, HVAC, refrigeration, or hydronic system, is employed by the person and is actively in charge of the plumbing, HVAC, refrigeration, or hydronic work of the person. An individual who performs such work pursuant to a business operated as a sole proprietorship shall be a licensed master in the applicable discipline. (Ord. 39-13, 7-15-2013) 14-1 H-4: BACKFLOW PREVENTION REQUIREMENTS FOR NEW RESIDENTIAL CONSTRUCTION: There are hereby estab- lished minimum backflow prevention standards for new residential construc- tion. The city manager shall determine the type of backflow prevention assembly required for containment based on the degree of hazard as out- lined in title 13, chapter 1, article D of this code. (Ord. 39-13, 7-15-2013) 14-1 H-5: BACKFLOW PREVENTION REQUIREMENTS FOR EXIST- ING WATER SERVICES: The requirements for backflow prevention related to existing water services are outlined in title 13, chapter 1, article D of this code. (Ord. 39-13, 7-15-2013) 14-1H-6: INSPECTION FEES: A fee shall be paid for inspections made outside of normal business hours and for inspections for which no fees are specifically indicated. Inspection fees shall be as set forth by the city manager. (Ord. 39-13, 7-15-2013) November 2013 City of Dubuque 6 14-2-4 14-2-3 vided, that a fee is paid for each renewal in the same amount as the original demolition permit fee. 4. Every permit for the use of streets or public property shall expire on the last day for which the permit was issued, as described on said permit, and shall be renewed upon the payment of an additional fee to the building department, as established by the city manager. Failure to renew the permit for the use of streets or public property shall be considered as moved causefor thehe city manager to publ c property returnder ed to barricades or fences re public availability and use. D. Suspension Or Revocation: The city manager may, in writing, sus- pend or revoke a permit issued under the provisions of this chapter whenever the permit is issued in error, p onthe basis d cond itions, or ect information supplied, failure to comply with in violation of any ordinance. (Ord. 21-10, 3-15-2010) E. Conditions Of Permit: The permit shall outline the conditions under which the permit was issued and may include, but is not limited to: 1. Storage requirements; permit issuance through day one hundred seventy nine (179): Storage of construction materials must comply with all city ordinances. 2. Storage requirements; day one hundred eighty (180) and beyond: The permit will contain requirements for the storage of construction materials and maintenance of the site. The conditions will continue upon a renewal/extension of a building permit until such time as the project is complete. The city manager may require additional storage and maintenance requirements upon the issuance of a renewal and/or extension of a building permit. (Ord. 61-12, 11-19-2012) 14-2-4: MORATORIUM ®AREAS OR FACNSTRUCTIN OILIT FACILITIES: WORK ON CERTAIN STREETS A. Southwest Arterial Corridor: The city manager may not issue any permit for any new construction or substantial enlargement, altera- tion, repair or remodeling of any structure, building, or sign in the southwest arterial corridor but not to include demolition, as delineated on drawings on file in the city clerk's office, from the effective date hereof to July 1, 2014, except where a vested right to the issuance of such permit accrued prior to the effective date hereof. November 2013 City of Dubuque 14-2-4 14-2-6 B. East-West Corridor Study Area: The city manager may not issue any permit for any new construction or substantial enlargement, altera- tion, repair or remodeling of any structure, building, or sign in the east -west corridor study area as shown on the map on file in the office of the city clerk, but not to include demolition or emergency repairs, without the approval of the city council, from the effective date hereof to August 20, 2014, except where a vested right to the issuance of such permit accrued prior to the effective date hereof. (Ord. 32-13, 7-1-2013) C. Highway 20 Corridor Study Area: The city manager may not issue any permit for any new construction or substantial enlargement, alteration, repair or remodeling of any structure, building, or sign in the Highway 20 corridor study area as shown on the map on file in the office of the city clerk, but not to include demolition or emergency repairs, without the approval of the city council, from the effective date hereof to August 20, 2014, except where a vested right to the issuance of such permit accrued prior to the effective date hereof. (Ord. 44-13, 8-5-2013) 14-2-5: FEES: A. Generally: A fee for each moving permit, demolition permit, or permit for the use of streets or public property shall be paid to the city manager, as established by the city manager. B. Starting Work Prior To Obtaining Permit: Where the moving of a building, the demolition of a building or the use of public property for which a permit is required by this chapter is started prior to obtaining said permit, the fees above specified shall be doubled, but the pay- ment of such double fee shall not relieve any person from fully complying with the requirements of this chapter and the building code in the execution of the work nor from other fees or penalties. (Ord. 21-10, 3-15-2010) 14-2-6: SPECIAL PROVISIONS: A. Transfer Of Permits Prohibited: Each moving permit, demolition permit or permit for use of public property shall not be transferable from one building or building site to another building or building site nor from one person to another. November 2013 City of Dubuque 16-2-3 16-2-3 tions for which necessary permits may be required. DISABILITY: Having a physical or mental impairment that substantially limits one or more of such person's major life activities so that such person is incapable of living independently, a record of having such an impairment, or being regarded as having such impairment. DISCOUNT STORE: A single or group of stores, offering merchan- dise for sale at less than usual retail prices. Merchandise may be discounted due to either quantity price breaks or merchandise has been discontinued and discounted to another retailer. DISTRICT: Any zoning district created for the purpose of regulating specific uses within a defined area. DISTRICT ENERGY A facility small connect d toheating, building orand/or cluspower SYSTEM:cluster of buildings. DOG KENNEL: See definition of Kennel. DORMITORY: A building intended or used principally for sleeping accommodations and congregant living where such building is related to a public, educational, or religious institution. DOWNZONING: A change in zoning classification of land to a less intensive or more restrictive district such as from commercial district to residential district or from a higher density to a lower density residential district. DRAINAGEWAY: A depression below the surrounding land serving to give direction to a current of water having a bed and well defined banks; provided, that in the event of doubt as to whether a depression is a watercourse or drainageway, it shall be presumed to be a watercourse. City of Dubuque 16-2-3 16-2-3 DRIVE-IN FACILITY: An establishment where customers can be served without leaving the confinement of their vehicle. DRIVE, PRIVATE: DRIVEWAY: DUPLEX: DWELLING: DWELLING, MULTIPLE -FAMILY: DWELLING, SINGLE-FAMILY: An unplatted, private passageway providing access to a street. A vehicular access to an off street parking space or loading facility. See definition of Dwelling, Two -Family. A building or portion thereof, designed or used exclusively for residential occupancy, including a manufactured home as defined in state law, but not including trailers, mobile homes, hotels, motels, motor lodges, boarding and lodging houses, tourist courts, or tourist homes. A building or buildings designed and used for occupancy by three (3) or more families, all living independently of each other and having separate kitchen and toilet facilities for each family. A building having accommodations for or occu- pied exclusively by one family which meet all the following standards: A. The home shall have no less than seven hundred (700) square feet of floor area, above grade, for single story construction; B. The home shall have no less than a twenty foot (20') exterior width; C. The home shall have a roof material that is or simulates asphalt or wood shingles, tile, or is a standing seam residential grade metal material, or rock, or is a green roof; the home shall be placed on a continuous permanent foundation and have wheels, axles, transporting lights, and removable towing apparatus removed; City of Dubuque 16-2-3 16-2-3 EXTRATERRITORIAL The area beyond the corporate limits, in which JURISDICTION (ETJ): the city has been granted the powers by the state to exercise subdivision review and is exercising such powers. EXURBAN: The area that lies beyond the corporate limits and its suburbs. FACADE: The exterior wall of a building exposed to public view. FACTORY: A structure or plant within which something is made or manufactured from raw or partly wrought materials into forms suitable for use. FAMILY: Any number of people occupying a single dwell- ing unit living together as a single housekeeping unit, related by blood, marriage or formal adoption, plus not more than three (3) additional people not so related, except that foster children and persons with disabilities as defined in this code shall be considered a family. FAMILY HOME: A community based residential home which is licensed as a residential care facility or as a child foster care facility under state law, to pro- vide room and board, personal care, rehabilita- tion services, and supervision in a family environment exclusively for not more than eight (8) developmentally disabled persons and any necessary support personnel. However, family home does not mean an individual foster family home licensed by the state. FARMING: The raising of field crops and livestock, horticulture, forestry, animal husbandry and similar agricultural activities. FEDERAL: The federal government of the United States Of America. FENCE: A structure serving as an enclosure, barrier or boundary. City of Dubuque 16-2-3 FLOOR AREA: FOUNDATION: FREESTANDING CANOPY: FREIGHT TERMINAL: FRONTAGE, BLOCK: 16-2-3 Whenever the term "floor area" is used in this title as a basis for requiring off street parking for any structure, it shall be assumed that, unless otherwise stated, said floor area applies not only to the ground floor area but also to any additional stories of said structure. All horizontal dimensions shall be taken from the exterior faces of walls. A base constructed from either poured concrete or laid masonry rock or brick and placed on a footing located below ground level to a point below the frost line upon which a building or structure is permanently attached. A permanent, freestanding, unenclosed roof structure designed to provide patrons shelter from the elements. A building or area in which freight brought by motor truck, barge, air, or rail is received, assembled or stored and dispatched for routing and may include storage. That section of a block fronting on a street between two (2) intersecting streets or other block boundary. City of Dubuque 16-2-3 YARD, REQUIRED: See definition of Setback. YARD, SIDE: YARD, SPECIAL: ZONING DISTRICT: ZONING MAP, OFFICIAL: 16-2-3 The area between a principal building and an interior property, and extending between the front yard and rear yard. In the case of double frontage Tots, side yards shall extend between the front yards. In the case of corner lots, yards remaining after front yards have been estab- lished shall be considered side yards. A required yard other than the required front yard so oriented that neither the terms "side yard" nor "rear yard" clearly apply. In such cases the city planner shall determine, based on topography, location, orientation and pattern of adjacent structures and development which yard requirement is more appropriate. A section of the city in which zoning regulations and standards are uniform. Map delineating the boundaries of zoning districts which, along with the zoning text, is officially adopted by the Dubuque city council and on file in the office of the planning services department. (Ord. 52-09, 10-19-2009; amd. Ord. 48-10, 8-16-2010; Ord. 63-10, 12-20-2010) City of Dubuque May 2011 16-5-2-2 16-5-2 dwellings and related recreational, religious and educational facilities. (Ord. 52-09, 10-19-2009) 16-5-2-1: PRINCIPAL PERMITTED USES: The following uses are permitted in the R-1 district: Cemetery, mausoleum, or columbarium. Golf course. Parks, public or private, and similar natural recreation areas. Place of religious exercise or assembly. Public, private or parochial school approved by the state of Iowa (K - 12). Railroad or public or quasi -public utility, including substation. Single-family detached dwelling. (Ord. 52-09, 10-19-2009; amd. Ord. 17-13, 3-18-2013) 16-5-2-2: CONDITIONAL USES: The following conditional uses may be permitted in the R-1 district, subject to the provisions of section 16-8-5 of this title: Accessory dwelling unit. Bed and breakfast home. Keeping of hens. Keeping of horses or ponies. Licensed adult day services. Licensed childcare center. Mortuary, funeral home, or crematorium. Off street parking. Tour home. Tourist home. April 2013 City of Dubuque 16-5-2-2 16-5-2-6 Wind energy conversion system. (Ord. 52-09, 10-19-2009) 16-5-2-3: ACCESSORY USES: The following uses are permitted as accessory uses as provided in section 16-3-7 of this title: Detached garage. Fence. Garage sale, provided that not more than three (3) such sales shall be allowed per premises per calendar year and not more than three (3) consecutive days per sale. Home based business. Noncommercial garden, greenhouse or nursery. Off street parking and storage of vehicles. Satellite receiving dish. Solar collector. Sport, recreation, or outdoor cooking equipment. Storage building. Tennis court, swimming pool or similar permanent facility. Wind turbine (building mounted). (Ord. 52-09, 10-19-2009) 16-5-2-4: TEMPORARY USES: Temporary uses shall be regulated in conformance with the provisions of section 16-3-19 of this title. (Ord. 52-09, 10-19-2009) 16-5-2-5: PARKING: Minimum parking requirements shall be regulated in conformance with the provisions of chapter 14 of this title. (Ord. 52-09, 10-19-2009) 16-5-2-6: SIGNS: Signs shall be regulated in conformance with the provisions of chapter 15 of this title. (Ord. 52-09, 10-19-2009) April 2013 City of Dubuque 16-5-3-2 16-5-3 16-5-3: R-2 TWO-FAMILY RESIDENTIAL: The R-2 district is intended to provide residential areas characterized by single- family and two-family dwellings. Increased densities and the introduction of two-family housing types are intended to provide greater housing options while maintaining the basic qualities of a low density residential neighborhood. The principal use of land in this district is for low density single- and two-family dwellings and related recreational, religious and educational facilities. (Ord. 52-09, 10-19-2009) 16-5-3-1: PRINCIPAL PERMITTED USES: The following uses are permitted in the R-2 district: Cemetery, mausoleum, or columbarium. Golf course. Parks, public or private, and similar natural recreation areas. Place of religious exercise or assembly. Public, private, or parochial school, approved by the state of Iowa (K - 12). Railroad or public or quasi -public utility, including substation. Single-family detached dwelling. Townhouse (maximum 2 dwelling units). Two-family dwelling (duplex). (Ord. 52-09, 10-19-2009; amd. Ord. 17-13, 3-18-2013) 16-5-3-2: CONDITIONAL USES: The following conditional uses may be permitted in the R-2 district, subject to the provisions of section 16-8-5 of this title: Bed and breakfast home. Hospice. Keeping of hens. Licensed adult day services. Licensed childcare center. April 2013 City of Dubuque 16-5-3-2 16-5-3-4 Mortuary, funeral home, or crematorium. Off street parking. Tour home. Tourist home. Wind energy conversion system. (Ord. 52-09, 10-19-2009) 16-5-3-3: ACCESSORY USES: The following uses are permitted as accessory uses as provided in section 16-3-7 of this title: Detached garage. Fence. Garage sale, provided that not more than three (3) such sales shall be allowed per premises per calendar year and not more than three (3) consecutive days per sale. Home based business. Noncommercial garden, greenhouse or nursery. Off street parking and storage of vehicles. Satellite receiving dish. Solar collector. Sport, recreation, or outdoor cooking equipment. Storage building. Tennis court, swimming pool or similar permanent facility. Wind turbine (building mounted). (Ord. 52-09, 10-19-2009) 16-5-3-4: TEMPORARY USES: Temporary uses shall be regulated in conformance with the provisions of section 16-3-19 of this title. (Ord. 52-09, 10-19-2009) April 2013 City of Dubuque 16-5-3-6 16-5-3-5 16-5-3-5: PARKING: Minimum parking requirements shall be regulated in conformance with the provisions of chapter 14 of this title. (Ord. 52-09, 10-19-2009) 16-5-3-6: SIGNS: Signs shall be regulated in conformance with the provisions of chapter 15 of this title. (Ord. 52-09, 10-19-2009) (see following page) City of Dubuque BULK REGULATIONS: City of Dubuque r- CO "IF CO ij Cr) CO CO Minimum Minimum Side Rear N N 20/0 ft. „_ N I 0 N 0 N N CO CO CD CO CO II 0 0 0 10 N . N 4- N 4- N a N . N Maximum Lot Coverage (Lot Area) 0 et 0 0 d o d- c .1' Hospice 5,000 50 ft. 40% sq. ft. Minimum Lot Frontage 100 ft. O '4) 25 ft./du "I= 0 (() 4 f. 0 L() E co EQ J 20,000 sq. ft. O "- OO (C) coo -CO 3,000 sq. ft./du o -- co 00 .,.- O 0 in m R-2 Residential Permitted uses: Place of religious exercise or assembly, school Single-family detached dwelling Townhouse (2 du maximum) Two-family dwelling Conditional uses: Bed and breakfast home City of Dubuque 16-5-4 16-5-4-2 16-5-4: R -2A ALTERNATE TWO-FAMILY RESIDENTIAL: The R -2A district is intended to provide for the protection of certain older areas of the community developed principally as single-family and two-family uses. Characteristics of the R -2A district are: smaller than average lot widths and area, established building lines much closer to the public right of way and required setback lines, and/or greater lot coverage than allowed in the more recent developing areas where such requirements can be provided. The R -2A district is intended to be located in those areas displaying one or more of the above characteristics. The purpose of this district is to stabilize and preserve the residential character of existing areas through the establishment of bulk regulations in conformity with existing conditions. (Ord. 52-09, 10-19-2009) 16-5-4-1: PRINCIPAL PERMITTED USES: The following uses are permitted in the R -2A district: Cemetery, mausoleum, or columbarium. Golf course. Parks, public or private, and similar natural recreation areas. Place of religious exercise or assembly. Public, private, or parochial school approved by state of Iowa (K - 12). Railroad or public or quasi -public utility, including substation. Single-family detached dwelling. Townhouse (maximum 2 dwelling units). Two-family dwelling (duplex). (Ord. 52-09, 10-19-2009; amd. Ord. 17-13, 3-18-2013) 16-5-4-2: CONDITIONAL USES: The following conditional uses may be permitted in the R -2A district, subject to the provisions of section 16-8-5 of this title: Bed and breakfast home. April 2013 City of Dubuque 16-5-4-2 16-5-4-3 Hospice. Licensed adult day services. Licensed childcare center. Off premises residential garage. Off street parking. Tour home. Tourist home. Wind energy conversion system. (Ord. 52-09, 10-19-2009) 16-5-4-3: ACCESSORY USES: The following uses are permitted as accessory uses as provided in section 16-3-7 of this title: Detached garage. Fence. Garage sale, provided that not more than three (3) such sales shall be allowed per premises per calendar year and not more than three (3) consecutive days per sale. Home based business. Noncommercial garden, greenhouse or nursery. Off street parking and storage of vehicles. Satellite receiving dish. Solar collector. Sport, recreation, or outdoor cooking equipment. Storage building. Tennis court, swimming pool or similar permanent facility. Wind turbine (building mounted). (Ord. 52-09, 10-19-2009) April 2013 City of Dubuque 16-5-5 16-5-5-2 16-5-5: R-3 MODERATE DENSITY MULTI -FAMILY RESIDENTIAL: The R-3 district is intended to provide locations for a variety of dwelling types ranging from single-family to low rise multi -family dwell- ings. The R-3 district also serves as a transition between residential and nonresidential districts. (Ord. 52-09, 10-19-2009) 16-5-5-1: PRINCIPAL PERMITTED USES: The following uses are permitted in the R-3 district: Cemetery, mausoleum, or columbarium. Golf course. Multi -family dwelling (maximum 6 dwelling units). Parks, public or private, and similar natural recreation areas. Place of religious exercise or assembly. Public, private, or parochial school approved by state of Iowa (K - 12). Railroad or public or quasi -public utility, including substation. Single-family detached dwelling. Townhouse (maximum 6 dwelling units). Two-family dwelling (duplex). (Ord. 52-09, 10-19-2009; amd. Ord. 17-13, 3-18-2013) 16-5-5-2: CONDITIONAL USES: The following conditional uses may be permitted in the R-3 district, subject to the provisions of section 16-8-5 of this title: Bed and breakfast home. Group home. Hospice. Housing for the elderly or persons with disabilities. Individual zero lot line detached dwelling. April 2013 City of Dubuque 16-5-5-2 16-5-5-3 Licensed adult day services. Licensed childcare center. Mortuary, funeral home, or crematorium. Nursing or convalescent home. Off premises residential garage. Off street parking. Rooming or boarding house. Tour home. Tourist home. Wind energy conversion system. (Ord. 52-09, 10-19-2009) 16-5-5-3: ACCESSORY USES: The following uses are permitted as accessory uses as provided in section 16-3-7 of this title: Detached garage. Fence. Garage sale, provided that not more than three (3) such sales shall be allowed per premises per calendar year and not more than three (3) consecutive days per sale. Home based business. Noncommercial garden, greenhouse or nursery. Off street parking and storage of vehicles. Satellite receiving dish. Solar collector. Sport, recreation, or outdoor cooking equipment. Storage building. April 2013 City of Dubuque 16-5-5-3 Tennis court, swimming pool or similar permanent facility. Wind turbine (building mounted). (Ord. 52-09, 10-19-2009) 16-5-5-6 16-5-5-4: TEMPORARY USES: Temporary uses shall be regulated in conformance with the provisions of section 16-3-19 of this title. (Ord. 52-09, 10-19-2009) 16-5-5-5: PARKING: Minimum parking requirements shall be regulated in conformance with the provisions of chapter 14 of this title. (Ord. 52-09, 10-19-2009) 16-5-5-6: SIGNS: Signs shall be regulated in conformance with the provisions of chapter 15 of this title. (Ord. 52-09, 10-19-2009) (see following page) City of Dubuque Ln Li) co T BULK REGULATIONS: Maximum Height o co in h. 0 co 0 co 0 co 0 co 0 co 0 co Setbacks Minimum Rear O N O N 0 N 20/0 ft. 0 N 0 N 0 N 0 N Minimum Side Nt N 4/0 ft. d- Nr •a• d' Front Maximum I 1 0 In I 0 LO 0 In I I Minimum2 O N O N O N 0 N 0 N 0 N 0 N 0 OJ Maximum Lot Coverage (Lot Area) 00 Nt. 0' 0 Nt. 0 0 d0 0 d' 0 d0 ' 0 Minimum Lot Frontage O LO — 0 r- 4 O L Z 7:34- 4- O r 0 LO 4- 0 LO a 0 4- 0 LO C E co EQ J 2,000 sq. ft./du o" N cn0 o in (1)) 1,600 sq. ft./du o' 0 • in 0 o o Lf) (1.3 o4- O • cro iiiLf) (1)) o • 1f) co R-3 Residential Permitted uses: Multi -family dwelling (6 du maximum) Place of religious exercise or assembly, school Single-family detached dwelling Townhouse (6 du maximum) Two-family dwelling Conditional uses: Bed and breakfast home Group home Hospice City of Dubuque 16-5-6 16-5-6-2 16-5-6: R-4 MULTI -FAMILY RESIDENTIAL: The R-4 district is intended to provide residential areas of moderate to high density developments located adjacent to a major street and serves as a buffer or transition between commercial development, nonresidential uses, or heavy automobile traffic and medium density residential development. (Ord. 52-09, 10-19-2009) 16-5-6-1: PRINCIPAL PERMITTED USES: The following uses are permitted in the R-4 district: Cemetery, mausoleum, or columbarium. Golf course. Multi -family dwelling (3 to 12 units per buildings). Parks, public or private, and similar natural recreation areas. Place of religious exercise or assembly. Public, private, or parochial school approved by state of Iowa (K - 12). Railroad or public or quasi -public utility, including substation. Single-family detached dwelling. Townhouse (3 to 12 units laterally attached). Two-family dwelling (duplex). (Ord. 52-09, 10-19-2009; amd. Ord. 17-13, 3-18-2013) 16-5-6-2: CONDITIONAL USES: The following conditional uses may be permitted in the R-4 district, subject to the provisions of section 16-8-5 of this title: Bed and breakfast home. Bed and breakfast inn. Group home. Hospice. Housing for the elderly or persons with disabilities. April 2013 City of Dubuque 16-5-6-2 16-5-6-3 Licensed adult day services. Licensed childcare center. Mortuary, funeral home, or crematorium. Multi -family dwelling of thirteen (13) or more units. Nursing or convalescent home. Off premises residential garage. Off street parking. Rooming or boarding house. Tour home. Tourist home. Wind conversion energy system. (Ord. 52-09, 10-19-2009) 16-5-6-3: ACCESSORY USES: The following uses are permitted as accessory uses as provided in section 16-3-7 of this title: Detached garage. Fence. Garage sale, provided that not more than three (3) such sales shall be allowed per premises per calendar year and not more than three (3) consecutive days per sale. Home based business. Noncommercial garden, greenhouse or nursery. Off street parking and storage of vehicles. Satellite receiving dish. Solar collector. Sport, recreation, or outdoor cooking equipment. April 2013 City of Dubuque 16-5-6-3 Storage building. Tennis court, swimming pool or similar permanent facility. Wind turbine (building mounted). (Ord. 52-09, 10-19-2009) 16-5-6-6 16-5-6-4: TEMPORARY USES: Temporary uses shall be regulated in conformance with the provisions of section 16-3-19 of this title. (Ord. 52-09, 10-19-2009) 16-5-6-5: PARKING: Minimum parking requirements shall be regulated in conformance with the provisions of chapter 14 of this title. (Ord. 52-09, 10-19-2009) 16-5-6-6: SIGNS: Signs shall be regulated in conformance with the provisions of chapter 15 of this title. (Ord. 52-09, 10-19-2009) (see following page) City of Dubuque BULK REGULATIONS: Maximum Height o • ,4 N- co d' co Co co 'd' Setbacks Minimum Rear N N N 20/0 ft. N N N N E 7 'a C (n co N 4- d' 4- CO vim-- 4 N d' a-' co Front Maximum 1 1 O Ln 1 O in O 0) O 0f) 1 Minimum 4- N 4-- N 4- N 44 N 4- N Yom-- N 4- N 4- N Maximum Lot Coverage 0 0 0 0 0 0 0 0 Minimum Lot Frontage 4_ in 100 ft. 4--- in 16 ft./du 4- Ln 4.4 in in 4- Ln E al = a) E Q .-C-2 - -CJ 2,000 sq. ft./du 20,000 sq. ft. . O . O4- O Ln V) 1,600 sq. ft./du o O4- O Ln N O. O•- O • LC) 0) - O . O"_ O • Ln CO O .- O4" O • in (/) R-4 Residential Permitted uses: Multi -family dwelling (12 du maximum) Place of religious exercise or assembly, school Single-family detached dwelling Townhouse (12 du maximum) Two-family dwelling O N O 7 Tizi C O a C 0 0 Bed and breakfast home Bed and breakfast inn Group home City of Dubuque 16-7 SECTION: 16-7-1: 16-7-1- 1: 16-7-1- 2: 16-7-1- 3: 16-7-1- 4: 16-7-2: 16-7-2- 1: 16-7-2- 2: 16-7-2- 3: 16-7-2- 4: 16-7-2- 5: 16-7-2- 6: 16-7-2- 7: 16-7-2- 8: 16-7-2- 9: 16-7-2-10: 16-7-2-11: 16-7-2-12: 16-7-2-13: 16-7-2-14: 16-7-3: 16-7-3- 1: 16-7-3- 2: 16-7-3- 3: 16-7-3- 4: 16-7-3- 5: 16-7-3- 6: 16-7-3- 7: 16-7-3- 8: 16-7-4: 16-7-4- 1: 16-7-4- 2: 16-7 CHAPTER 7 SUPPLEMENTAL USE REGULATIONS Home Based Businesses General Provisions Permitted Home Based Business Uses Prohibited Home Based Business Uses Home Based Businesses As Conditional Uses Towers And Antennas Definitions Applicability Communication Tower Standards Antennas Conditional Use Permit Application Security Fencing Exterior Finish Landscaping Lighting Maintenance, Repair And Modification Support Facilities Removal Of Communication Towers And Antennas Nonconforming Communication Towers And Antennas Satellite Dish Antenna Regulations Wind Energy Conversion Systems Purpose Definitions Residential Wind Energy Conversion Systems (RWECS) Small Wind Energy Conversion Systems (SWECS) Commercial Wind Energy Conversion Systems (CWECS) Freestanding WECS Bulk Standards Building Mountable Wind Turbines (BMWT) Repair; Abandonment; Removal Adult Entertainment Establishments Purpose Siting Requirements City of Dubuque 16-7-1 16-7-1-1 16-7-1: HOME BASED BUSINESSES: 16-7-1-1: GENERAL PROVISIONS: A. Permitted As Accessory Uses; Restrictions: Home based businesses shall be permitted as accessory uses within principal residential dwellings, provided they meet the following provisions and the requirements of the district in which located. A home based business shall not be permitted that: 1. Changes the outside appearance of the dwelling or is visible from the street. 2. Generates traffic, parking, sewerage or water use in excess of what is normal in the residential neighborhood. 3. Creates a hazard to person or property, results in electrical interference, or becomes a nuisance. 4. Results in outside storage or display of any kind. 5. Employs other than self or family members residing on the premises. 6. Occupies more than fifty percent (50%) of the total floor area of the dwelling unit. 7. Requires deliveries of materials to and from the premises involving the use of vehicles over two (2) ton capacity, except parcel post or similar parcel service vehicles. 8. Produces noise, vibration, smoke, odors, heat or glare as a result of a home based business which would exceed that normally produced by a single residence as determined by the city planner. 9. Advertises with a sign on site or off premises. B. Customer And Client Contacts: Customer and client contact shall be primarily by telephone, mail, fax, e-mail, or website and not on the premises of the home based business, except those home based businesses such as tutoring, teaching, childcare or personal services which cannot be conducted without personal contact and as permitted in the following section. City of Dubuque 16-7-4 16-7-4: ADULT ENTERTAINMENT ESTABLISHMENTS': 16-7-4-2 16-7-4-1: PURPOSE: A. The special provisions of this section 16-7-4 are intended to regulate the location of adult entertainment establishments as herein defined, by specifying districts in which such uses may be permitted and requirements for spatial separation of such uses. Nothing in this title shall be construed or interpreted to permit adult entertainment establishments in areas other than those set forth herein. B. Adult entertainment establishments are hereby acknowledged to have special characteristics and impacts upon their surroundings, and upon the use and enjoyment of adjacent property. It is the intent of these regulations to provide for the confinement of adult entertainment establishments to those commercial and industrial areas in which these special impacts are judged to be least disruptive to the use and enjoyment of adjacent properties. These regulations are further intended to require that adult entertainment establishments shall not be permitted to locate in such concentration that their operational features may establish the dominant character of any commercial or industrial area. C. These regulations are further intended to protect and balance lawful rights of expression with other lawful rights to the enjoyment and use of property, and are made with full consideration of the legal and constitutional issues heretofore adjudicated. D. The provisions of this section 16-7-4 shall govern the location and spatial separation of adult entertainment establishments in commercial districts and industrial districts, and no such regulated use, as defined, may be permitted except in conformance with these provisions. (Ord. 52-09, 10-19-2009) 16-7-4-2: SITING REQUIREMENTS: A. Adult entertainment establishments may be established within any commercial or industrial zoning district, but shall not be located within one thousand two hundred feet (1,200') of any residential or 1. See also title 4, chapter 8 of this code. City of Dubuque 16-7-4-2 16-7-4-2 institutional district, or a public or private (parochial) primary or secondary school (K — 12) property approved by the state of Iowa. B. No adult entertainment establishment shall be located within two thousand five hundred feet (2,500') of any other adult entertainment establishment. (Ord. 52-09, 10-19-2009) City of Dubuque 16-8-5-10 16-8-5-10 B. A gas station may be allowed in the C-1 district in accordance with the following conditions: 1. The use shall not include a service station. Grain or barge terminal. A grain/barge terminal may be allowed in the MHI district in accordance with the following conditions: A. A site plan shall be submitted and approved as provided in chapter 12 of this title. Group home. A group home may be allowed in the R-3, R-4, and OR districts in accordance with the following conditions: A. Not Tess than six hundred fifty (650) square feet of lot area shall be provided per resident; and B. When located within the R-3 and R-4 districts, signs shall not be permitted. Hospice. A hospice may be allowed in the R-2, R -2A, R-3, and R-4 districts in accordance with the following conditions: A. Signs shall not be permitted. Housing for the elderly rpersons disabilities with maysbeiliaillowedh in the RC3using 1ty andfor R 4 the elderly or persons with districts in accordance with the following conditions: A. The number of units shall be established by the zoning board of adjustment. Individual zero lot line dwelling. A single-family dwelling may be allowed to be built on a lot with a zero setback in the R-3 district in accordance with the following conditions: A. The adjoining property owner, on the zero lot line side, consents to the property line location and provides written evidence of a minimum five foot (5') maintenance easement prior to board review; B. The overhang of roofs shall not extend across the property line; and C. A minimum of six feet (6') shall be maintained between homes and other structures. City of Dubuque 16-8-5-10 16-8-5-10 Indoor restaurant. An indoor restaurant may be allowed in the C-1 district in accordance with the conditions established by the zoning board of adjustment. Keeping of hens. The keeping of hens shall be allowed in the R-1 and R-2 districts in accordance with the following conditions: A. A maximum of four (4) chickens and/or ducks (hens only) shall be allowed for egg production only. B. Chickens and/or ducks (hens only) shall be within an enclosure with a chicken coop, both of which shall be located in a rear yard. C. The chicken and/or duck coop and enclosure shall be at least ten feet (10') from any lot line and at least fifty feet (50') from any dwelling. Keeping of horses or ponies. Horses and ponies may be allowed to be kept on properties located in the R-1 district in accordance with the following conditions: A. They are located on the same lot as an accessory use to a single- family residential dwelling; B. A minimum of two (2) acres of property is available for the first horse or pony; C. A minimum of one and one-half (11/2) acres of additional property is available for an additional horse or pony, up to a maximum of two (2) horses or ponies; and D. A shelter of at least one hundred fifty (150) square feet and enclosed on at least three (3) sides shall be provided on the property. Kennel. A kennel may be allowed in the AG district in accordance with the conditions established by the zoning board of adjustment. Licensed adult day services. A licensed adult day services facility may be allowed in the R-1, R-2, R -2A, R-3, R-4, OR, OS, OC, C-1, C-2, C -2A, C-3, C-4, C-5, CS, CR, LI, HI, MHI and RROD districts in accordance with the following conditions: A. Such facility shall supply loading and unloading spaces so as not to obstruct public streets or create traffic or safety hazards; City of Dubuque 16-8-5-10 16-8-6-2 Vehicle sales or rental. A vehicle sales or repair facility may be allowed in the C-4 district in accordance with the conditions established by the zoning board of adjustment. Vehicle service or repair. A vehicle service or repair facility may be allowed in the C-4 district in accordance with the conditions established by the zoning board of adjustment. Winery. A winery may be allowed in the AG district in accordance with the conditions established by the zoning board of adjustment. (Ord. 52-09, 10-19-2009) 16-8-6: VARIANCE PROCEDURE: 16-8-6-1: APPLICATION: A. Any person owning property may apply for a variance from the literal enforcement of the bulk regulation provisions including parking and sign requirements of this title for the property or structure involved. All applications for a variance shall be made on the official form for such applications which shall be available from the planning services department. B. Review of the application for a variance may be obtained by delivering the completed application form to the planning services department together with payment of the required fee. C. Prior to its review, the board may require the applicant for a variance to supply any further information beyond that contained in the application where it reasonably considers such information necessary to make the determination. (Ord. 52-09, 10-19-2009) 16-8-6-2: NOTICE AND MEETING REQUIREMENTS: Following receipt of a completed application the board shall, with due diligence, consider such application at a public meeting. Notice of the time and place of the public hearing shall be published in the newspaper of general circulation at least seven (7) days and not more than twenty (20) days prior to such hearing. The board shall direct and require verification that notice of the time and place of the meeting has been sent by first class mail to all owners of property within two hundred feet (200') of the property for which the variance is sought. At the public meeting, all interested parties City of Dubuque 16-8-6-2 16-8-6-4 shall be afforded a reasonable opportunity to appear and express their views on the application, either in person or by agent. A record of such meeting shall be entered into the minutes of the board. (Ord. 52-09, 10-19-2009) 16-8-6-3: REQUIREMENTS FOR GRANTING OF VARIANCE: A. The board shall grant a variance only under exceptional circumstances where practical difficulty or unnecessary hardship is so substantial, serious and compelling that relaxation of the general restrictions ought to be granted. No variance shall be granted unless the applicant shall show and the board shall find that: 1. The particular property, because of size, shape, topography or other physical conditions, suffers singular disadvantage, which disadvantage does not apply to other properties in the vicinity; and 2. Because of this disadvantage, the owner is unable to make reasonable use of the affected property; and 3. This disadvantage does not exist because of conditions created by the owner or previous owners of the property; and 4. Granting the variance requested will not confer on the applicant any special privilege that is denied to other lands, structures, or buildings in the same district; and 5. Granting of the variance will not be contrary to the public interest, will not adversely affect other property in the vicinity, and will be in harmony with the intent and purpose of the provision waived. B. In passing a variance, the board shall not consider prospective financial Toss or gain to the applicant. C. A variance shall not be allowed within the RHOD restricted height overlay district. (Ord. 52-09, 10-19-2009) 16-8-6-4: CONDITIONS AND RESTRICTIONS ATTACHED TO GRANTING OF VARIANCE: In granting a variance, the board may impose any conditions or restrictions it reasonably considers necessary to ensure full compliance with the intent and regulations of the provision waived, to reduce or eliminate any detrimental effect of the City of Dubuque 16-9-5-2 16-9-5 peculiar to the property is claimed, which is more properly the subject of a variance request; or 2) it is alleged that the provisions themselves as applied to similar properties are unreasonable, which is more properly the subject of a text amendment proposal. In all cases, the burden shall be upon the person(s) seeking reclassifica- tion to demonstrate that the requested reclassification is more appro- priate than the present classification, in light of the characteristics of the property and the public welfare. C. Furthermore, it is contemplated under this title that the long range planning advisory commission is, in the first instance, the body responsible for the formulation and continuing review of the compre- hensive plan, as expressed herein, and this commission shall be charged with the duty of periodically reviewing the policies and provi- sions of this title in light of its purposes and changing conditions, and proposing on its own initiative such district reclassifications or code amendments as may be deemed appropriate to secure the public welfare. (Ord. 52-09, 10-19-2009) 16-9-5-1: APPLICATION REQUIREMENTS: A. Any person may request a reclassification of property to another district, regardless of such person's interest in the property, by submitting a completed zoning reclassification application together with the required fee, to the planning services department. B. The applicant may submit a written request to withdraw the reclassification application at any time prior to final action by the city council. (Ord. 52-09, 10-19-2009) 16-9-5-2: ZONING ADVISORY COMMISSION ACTION: A. The zoning advisory commission shall consider a reclassification request at a public hearing. Following the public hearing, the zoning advisory commission shall act to recommend approval or denial of the request or table the request. B. The affirmative vote of at least four (4) commission members shall be required to constitute a recommendation of approval of a zoning reclassification request, and any lesser number of affirmative votes shall constitute a recommendation of denial of the request. The recommendation of the commission shall forthwith be transmitted to the city clerk. (Ord. 52-09, 10-19-2009) November 2013 City of Dubuque 16-9-5-3 16-9-5-3 16-9-5-3: CITY COUNCIL ACTION: A. Public Hearing: Following receipt of any recommendation of the com- mission, the city clerk shall cause a notice to be published of the date, time and place for the city council to hold a public hearing on the requested reclassification. B. Adopt, Table Or Reject Request: Following the public hearing, the council shall act to adopt, table or reject the reclassification request. In cases where the commission has recommended disapproval of the reclassification, the vote of at least three-fourths (3/4) of the council shall be required to enact the reclassification. C. Written Protest Against Request: Furthermore, in case of a written protest against the reclassification request which is filed with the city clerk and signed by the owners of twenty percent (20%) or more of the area of the lots included in the request, or by the owners of twenty percent (20%) or more of the property which is located within two hundred feet (200') of the exterior boundaries of the property being considered for reclassification, such request shall not be enacted except by the favorable vote of at least three-fourths (3/4) of the council. Property owned by the city or located in the public right of way shall not be considered in the above calculation of twenty percent (20%) area of property ownership. (Ord. 52-09, 10-19-2009) D. Moratorium For Rezonings In The Southwest Arterial Corridor: The city council may not give final approval to any zoning reclassification (rezoning) request for property in the southwest arterial corridor that lies within the corporate limits of the city of Dubuque, as delineated on drawings on file in the city clerk's office, from the effective date hereof to July 1, 2014, except where a vested right to the issuance of such approval accrued prior to the effective date hereof. (Ord. 33-13, 7-1-2013) Notwithstanding the foregoing, the city council may approve a requested rezoning upon a determination that the proposed rezoning will not negatively impact the acquisition of right of way along the preferred alignment of the southwest arterial corridor. The city council shall also consider any recommendation from the southwest arterial technical committee regarding potential negative impacts, if any, that would result from approval of the requested rezoning and the subsequent development of the parcel(s). (Ord. 7-11, 1-18-2011) E. Moratorium For Rezonings In The Highway 20 Corridor Study Area: The city council may not give final approval to any zoning reclassifi- November 2013 City of Dubuque 16-9-6-4 16-9-5-3 cation (rezoning) request for property in the Highway 20 corridor study area that lies within the corporate limits of the city of Dubuque, as delineated on drawings on file in the city clerk's office, from the effective date hereof to August 20, 2014, except where a vested right to the issuance of such approval accrued prior to the effective date hereof. (Ord. 45-13, 8-5-2013) 16-9-6: TEXT AMENDMENT PROCEDURE: 16-9-6-1: TEXT AMENDMENT: Text amendments are intended for wholesale changes to the zoning regulations, as a means for the city to respond to changing conditions and emerging trends in the community. Text amendments are not property specific. (Ord. 52-09, 10-19-2009) 16-9-6-2: APPLICATION REQUIREMENTS: A. Any person may propose amendments to the provisions of this title by delivering a copy of the proposed amendment to the planning 11 services department. The applicant may submit a written request to withdraw the text amendment application at any time prior to final action by the city council. B. The affirmative vote of at least four (4) commission members shall be required to constitute a recommendation of approval of the proposal, and any lesser number of affirmative votes shall be considered a recommendation of denial of the amendment. The com- mission's recommendations shall be forthwith transmitted to the council for its action. (Ord. 52-09, 10-19-2009) 16-9-6-3: ZONING ADVISORY COMMISSION ACTION: The zoning advisory commission shall consider a text amendment request at a public hearing. Following the public hearing, the zoning advisory commission shall act to recommend approval or denial of the request, or table the request. (Ord. 52-09, 10-19-2009) 16-9-6-4: CITY COUNCIL ACTION: A. Following receipt of the zoning advisory commission's recommenda- tion, the city council shall act to hold its own public hearing on the proposed amendment. November 2013 City of Dubuque 16-9-6-4 16-9-8 B. Following the public hearing, the council shall adopt, table or reject the proposed amendment. In those cases where the zoning advisory commission has recommended disapproval of the amendment, the affirmative vote of at least three-fourths (3/4) of the city council shall be required to enact the amendment. (Ord. 52-09, 10-19-2009) 16-9-7: PUBLIC HEARINGS: At all public hearings required by this title to be held by the zoning advisory commission or city council, all interested persons shall have an opportunity to express their opinions on the subject matter at hand, either in person or by agent, subject in all cases to reasonable rules of procedure. (Ord. 52-09, 10-19-2009) 16-9-8: NOTICE OF ZONING ADVISORY COMMISSION HEAR- INGS: A. Notice of the time and place of all public hearings to be held by the zoning advisory commission shall be published in a newspaper of general circulation in the city at least seven (7) days and not more than twenty (20) days prior to the date of the hearing. B. A reasonable effort shall be made to notify by mail those property owners whose property is being considered for reclassification and those owners of adjacent property and other parcels within two hundred feet (200') therefrom, prior to the first public hearing in which the reclassification request will be considered. Where the commission has a public hearing on a reclassification request, the commission shall direct and require verification that the applicant or their agent has taken responsible steps to give notice of the time, place, and subject of the hearing by first class mail to all property owners within two hundred feet (200') of the property for which reclassification is requested, and to the owner(s) of the property included in such request. The commission may require, at its discre- tion and at the applicant's expense, notification of owners of property located more than two hundred feet (200') from the subject property and of other parties with a direct interest in the reclassification requested. C. Only one mailing shall be required in any event, and mail notice by the council shall not be required. In all cases, however, the notice shall be mailed not less than seven (7) days and not more than twenty (20) days prior to the public hearing announced therein. (Ord. 52-09, 10-19-2009) November 2013 City of Dubuque 16-11-2 16-11-2 C. Southwest Arterial Corridor Subdivision Review: A proposed plat that divides any parcel within the southwest arterial corridor into two (2) or more lots, and any preliminary plat within the southwest arterial corridor must be submitted to the city council for review. No plat for any subdivision or resubdivision of property in the southwest arterial corridor, as delineated on drawings on file in the city clerk's office, may be approved by the city council, from the effective date hereof to July 1, 2014, except where a vested right to the issuance of such approval accrued prior to the effective date hereof. (Ord. 34-13, 7-1-2013) Notwithstanding the foregoing, the city council may approve a proposed plat or preliminary plat upon a determination that the proposed subdivision will not negatively impact the acquisition of right of way along the preferred alignment of the southwest arterial corridor. The applicant shall provide the city council with a plat prepared by a licensed engineer or land surveyor that accurately depicts the parcel(s) to be subdivided and the location of the Iowa (southwest arterial) corridor boundaries. The city council shall also consider any recommendation from the southwest arterial technical committee regarding potential negative impacts, if any, that would result from approval of the proposed plat or preliminary plat and the subsequent development of the parcel(s). (Ord. 7-11, 1-18-2011) D. Highway 20 Corridor Study Area Subdivision Review: A proposed plat that divides any parcel within the Highway 20 corridor study area into two (2) or more lots, and any preliminary plat within the Highway 20 corridor study area must be submitted to the city council for review. No plat for any subdivision or resubdivision of property in the Highway 20 corridor study area, as delineated on drawings on file in the city clerk's office, may be approved by the city council, from the effective date hereof to August 20, 2014, except where a vested right to the issuance of such approval accrued prior to the effective date hereof. (Ord. 46-13, 8-5-2013) November 2013 City of Dubuque 16-13-2 16-13-2 1. Urban Renewal Districts: These districts have planning and other criteria that may take precedence over the site design standards set forth herein. 2. Port Of Dubuque Design Standards: This area has design stan- dards that may take precedence over the site design standards set forth herein. 3. Planned Unit Development (PUD) Districts: These districts may have site development and performance standards that may take precedence over the site design standards set forth herein. 4. Historic Districts: Historic districts, as regulated by chapter 10 of this title, have design guidelines that may take precedence over the site design standards set forth herein. 5. Old Town Neighborhood Overlay District: This overlay district has II design guidelines that may take precedence over the site design standards set forth herein. 6. Downtown Design Guidelines: These guidelines apply to the designated downtown area in accordance with city policy, and may take precedence over the site design standards set forth herein. D. Waiver From Site Design Standards: The zoning advisory commis- sion shall have the power to grant such waivers from the site design standards of this chapter, as may be reasonable and within the general purpose and intent of the site plan review and approval provisions of this chapter if the literal enforcement of one or more provisions of this chapter is impracticable or will exact an undue hardship because of peculiar conditions pertaining to the land in question. The affirmative vote of at least four (4) commissioners shall be necessary to grant a waiver. The waiver may be granted subject to such conditions as the commission may establish to ensure the general purpose and intent of the provisions of this chapter are followed. At the commission meeting, the applicant and all other interested parties shall be presented a reasonable opportunity to present their views. Decisions of the zoning advisory commission may be appealed to the zoning board of adjustment in the same manner as appeals from a decision of an administrative officer. (Ord. 52-09, 10-19-2009) E. Moratorium For Site Plans In The Southwest Arterial Corridor: The city planner may not issue conditional or final approval for any site plan filed for property in the southwest arterial corridor that lies November 2013 City of Dubuque 16-13-2 16-13-3-1 within the corporate limits of the city of Dubuque, as delineated on drawings on file in the city clerk's office, from the effective date hereof to July 1, 2014, except where a vested right to the issuance of such approval accrued prior to the effective date hereof. (Ord. 35-13, 7-1-2013) Notwithstanding the foregoing, the city council may approve a proposed site plan upon a determination that the proposed site plan will not negatively impact the acquisition of right of way along the preferred alignment of the southwest arterial corridor. The city council shall also consider any recommendation from the southwest arterial technical committee regarding potential negative impacts, if any, that would result from approval of the proposed site plan and subsequent development of the parcels. (Ord. 7-11, 1-18-2011) F. Moratorium For Site Plans In The Highway 20 Corridor Study Area: The city planner may not issue conditional or final approval for any site plan filed for property in the Highway 20 corridor study area that lies within the corporate limits of the city of Dubuque, as delineated on drawings on file in the city clerk's office, from the effective date hereof to August 20, 2014, except where a vested right to the issu- ance of such approval accrued prior to the effective date hereof. (Ord. 47-13, 8-5-2013) 16-13-3: SITE DEVELOPMENT REQUIREMENTS: 16-13-3-1: SITE LIGHTING: A. The following site features shall be illuminated by an exterior light source: 1. Driveways and loading facilities; and 2. Pedestrian walkway surfaces and entrances to buildings. B. The location and design of site lighting shall conform to the follow- ing: 1. All exterior lighting shall be designed, installed and maintained so as not to cause glare or to shine in adjacent lots and streets; 2. No light sources shall provide illumination onto adjacent Tots, buildings or streets in excess of one foot-candle; November 2013 City of Dubuque 16-13-3-1 16-13-3-1 3. All exterior lighting luminaries shall be designed and installed to shield Tight from the luminaire at angles above seventy two degrees (72°) from vertical; 4. Fixtures mounted on a building shall not be positioned higher than the roofline of the building; 5. Wooden utility type poles are acceptable only for temporary use during construction; and November 2013 City of Dubuque -A- A -A- ACCESSIBILITY CODE FOR READILY ACHIEVABLE CHANGES 14-11-5 Compliance Agreements 14-11-4 General Enforcement 14-11-8 Licenses And Permits 14-11-6 Notices And Orders Of Building Official Owner Defined; Landlord And Tenant Responsibilities 14-11-6 14-11-12 Public Accommodations Removal Of Architectural Barriers If Readily Achievable 14-11-914-11-3 Responsible Parties Supplemental Membership On Building Code And Advisory 14-11-7 Appeals Board ACCIDENTS, VEHICULAR 9-7-321.262 — 9-7-321.266 ACCUMULATION OF SOLID WASTE AND NOXIOUS 6-4-3A SUBSTANCES ADMINISTRATION 1-5 Charter 1-7 City Officers And Employees 1-7 Definitions 1-1 Dubuque City Code Elections, Precincts And Wards 18 8 Emergency Succession During Disaster1 1-11 Evidentiary Hearings By City Council -9 1-4 General Penalty Mayor And City Council 1-6 1-6 Rules And Procedure A Miscellaneous Administrative Provisions 1-10-2 Bonds; Approval 1-10-5 City Flag 1-10-4 City Seal 1-10-3 Emergency Location For City Government 1-10-1 Fiscal Year 1-2 Saving Clause ADULT ENTERTAINMENT ESTABLISHMENTS 4-8-15 Applicability To Existing Businesses Conduct Regulations 4-8-16 Definitions 4-82 Exhibition Of Sexually Explicit Films On Premises4-8-13 4-8-7 Expiration And Renewal Of License Failure Of City To Meet Deadline Not To Risk 8 Applicant/Licensee Rights 4_g_1 -8-18 Fees Hearing; License Denial, Suspension, Revocation; Appeal 4.8.10 Hours Of Operation City of Dubuque -A- -A- ADULT ENTERTAINMENT ESTABLISHMENTS (cont.) Inspection 4-8-6 Issuance Of License 4-8-4 License Required 4-8-3 Loitering; Lighting Requirements 4-8-14 Nuisance Declared 4-8-19 Rationale And Findings 4-8-1 Revocation 4-8-9 Scienter Required To Prove Violation Or Business Licensee Liability 4-8-17 Severability 4-8-20 Suspension 4-8-8 Transfer Of License 4-8-11 Zoning Requirements And Definitions 16-7-4 AIRPORT Administration And Enforcement Airport Commission 12-1-1 Airport Manager 12-1-2 Airport Zoning Commission 12-1-3 Airport Zoning Regulations Appeals 12-3-7 Board Of Adjustment 12-3-3 Conflicting Regulations 12-3-9 Definitions 12-3-2 Enforcement 12-3-8 Height Limitations 12-3-5 Land And Nonconforming Use Restrictions 12-3-6 Short Title 12-3-1 Zones 12-3-4 General Regulations Government Regulations Adopted; Conformance 12-2-3 Limitations On Use 12-2-2 Name 12-2-1 Off Airport Car Rental Business 12-2-8 Parking Lots Established; Fees 12-2-9 Permits Required 12-2-4 Registration Required 12-2-5 Violations; Ejection Of Offenders 12-2-7 Waiver And Indemnification Of City 12-2-6 ALARM SYSTEM PERMITS Application For Permit 7-4-3 Assistance Provided 7-4-8 Definitions 7-4-1 Duties Of Chief Of Police 7-4-7 Permit Fees 7-4-4 Permit Required 7-4-2 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 Parking7-7-10 Y 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 I Rental Agencies 7-7-36 P 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 July 2014 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 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 14-1D 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 July 2014 City of Dubuque CENTRAL MARKET (cont.) Revocation Of Permit 4-4-6 Traffic Regulations 4-4-8 Weights And Measures 4-4-10 CHARTER Citation As Charter 1-5-2 Form Of Government 1-5-3 Powers And Duties 1-5-4 Purpose 1-5-1 CITY ATTORNEY 1-7-6 April 2012 City of Dubuque -C - -C- 1-7-5 CITY CLERK AND ASSISTANT CITY CLERK 5 CITY CODE (See Also DUBUQUE CITY CODE) 1-11-6 CITY COUNCIL (See Also MAYOR AND CITY COUNCIL) 1-7-4 CITY MANAGER CITY OFFICERS AND EMPLOYEES (See Also OFFICERS AND 1-7 EMPLOYEES, CITY) CIVIC CENTER ADVISORY COMMISSION Applicability 2-4-16 Administrative And Other Policies; App Y -4-16 Attendance At Meetings 2-4-8 Commission Created 2-4-12-4-9 Compensation 2-4-4 Duties And Responsibilities 2 Duties Of Officers -4-11 2-4-15 Internal Rules And Regulations 5 Meetings 2-4-1 -4-12 Membership; Appointment 22-4-14-4-6 Minutes Filed With City Clerk 4 Organization; Election Of Officers 2-4-1 -4-10 Programs, Projects And Services .4 .5 Purposes, Objectives Generally 2-42 Quorum And Voting 2-4-13 Specific Purposes 2-4-7 Vacancies In Membership CIVIL RIGHTS, ENFORCEMENT OF (See Also HUMAN 8-4 RIGHTS) CIVIL SERVICE COMMISSION Applicability; Compliance With Statutes 2.2.1 2-2-41 Appointment; Term 2-2-6 Chairperson; Clerk 2-2-2 Commission Created 2-2-2 Compensation Conduct Of Examinations; Certification Of Qualified Persons 2-2-10 Council To Furnish Meeting Room, Equipment, Recorder 2-2-79 Examination Of Applicants - 2-2- --- Procedure For Conduct Of Hearing Appeals 2-2-11 Qualifications Generally 2-2-3 -2-3 Record Of Meetings And Personnel 2 2-2-8 CLERK, CITY CODES, STATE STATUTES ADOPTED -1 A-1 Building Codes 1144-1 A-1 -1E Cable Customer Service Obligations, State Statute 11-1 141 D Electrical Code --1 Energy Conservation Code 14-1 C-1 Federal Air Regulations 6-2-1 Food And Consumer Safety, State Administrative Code City of Dubuque -C- -C - CODES, STATE STATUTES ADOPTED (cont.) Food Establishments And Food Processing Plants, State Statute 6-2-1 Fuel Gas Code 14-1G-1 Home Food Establishments, State Statute 6-2-1 Hotel Sanitation Code, State Statute 6-2-1 Mechanical Code 14-1F-1 Plumbing Code 14-1H-1 Residential Code 14-1B-1 Swimming Pools And Spas, State Statute 14-9-6 Tattooing 6-1-1 COMMERCIAL ZONING DISTRICTS 16-5-10 — 16-5-17 COMMISSIONS (See Also BOARDS AND COMMISSIONS) Title 2 COMMUNITY DEVELOPMENT ADVISORY COMMISSION (See Also HOUSING AGENCY AND COMMUNITY DEVELOPMENT COMMISSION) 2-5C COMPENSATION AND SALARIES Airport Commission 12-1-1G Arts And Cultural Affairs Advisory Commission 2-8-10 Board Of Library Trustees 2-7-3 City Council 1-6-2 Civic Center Advisory Commission 2-4-9 Civil Service Commissioners 2-2-5 Community Development Advisory Commission 2 -5C -2D Enterprise Zone Commission 3 -4B -3D Environmental Stewardship Advisory Commission 2-6-3D Historic Preservation Commission 16-10-3G Housing Commission 2-5B-5 Mayor 1-6-2 Park And Recreation Advisory Commission 10 -5A -2H COMPREHENSIVE PLAN (See Also PLANNING AND ZONING) 15-1 CONDOMINIUM CONVERSIONS AND TRANSFERS TO MULTIPLE HOUSING COOPERATIVE Condominium Conversions 14-7-1 Building Code Requirements 14-7-1-1 Filing Declaration With City Clerk 14-7-1-2 Inspection; Certificate Of Compliance 14-7-1-3 Transfers To Multiple Housing Cooperative 14-7-2 Building Code Requirements 14-7-2-1 Filing Plans With City Clerk 14-7-2-2 Inspection; Certificate Of Compliance 14-7-2-3 CONTROLLED SUBSTANCES Drug Paraphernalia 7-5B Glue Sniffing Or Other Chemical Substances 7-5B-4 Under The Influence Of Controlled Substance 7-5B-3 CROSS CONNECTION CONTROL, WATER PROTECTION 13-1D City of Dubuque -D- D -E- DANGEROUS ANIMALS (See Also ANIMAL CONTROL) 7-6D DANGEROUS BUILDINGS 14-3-6 Appeal 14-3-2 Definitions 14-3-3 Enforcement Enforcement Of Order Of Building Official Or Building Code 14-3-8 And Appeals Board 14-3-4 Notices And Orders Of Building Official 14-3-9 Performance Of Work Of Repair Or Demolition Procedure For Conduct Of Hearing Appeals 14-3-7 14-3-1 Purpose And Scope 1 Recovery Of Cost Of Repair Or Demolition 1-3-10 Repair, Vacation And Demolition 4-3-5 DEFINITIONS, CITY CODE 1-3-2 Catchlines, Titles And Headings -3-1 Rules Of Construction 1 1-3-1 DISABILITY DISCRIMINATION (See Also HUMAN RIGHTS) 6B DOGS AND CATS (See Also ANIMAL CONTROL) 7-6B 4-2A-6 DRINKING IN PUBLIC PLACES 7 56 DRUG PARAPHERNALIA (See Also OFFENSES) DUBUQUE CITY CODE 1-1-3 Altering Code 1-1-2 Amendments To Code; Effect Of New Ordinances1-3 Definitions General Penalty 1-4 3 How Code Designated And Cited1 1-1-1 Saving Clause E ECONOMIC DEVELOPMENT Enterprise Zone Commission Commission Created 3-4B-1 3-4B-21 Composition Duties 3-4B-6 Organization 3-4B-4 Procedures For Operations 3-4B-5 Term; Filling Of Vacancies; Compensation 3-4B-3 Industrial Projects 3-4A-1 Issuance Of Bonds; Investigation Fee Residential Relocation Assistance Program 3-4D-8 Appeals 3-4D-4 Applicability Of Program April 2013 City of Dubuque -E- -E- ECONOMIC DEVELOPMENT (cont.) Definitions 3-4D-3 Eligibility For Assistance 3-4D-5 Funding 3-4D-11 Procedure For Hearing Appeal 3-4D-9 Purpose 3-4D-2 Relocation Assistance 3-4D-7 Relocation Assistance Program Established 3-4D-1 Violation By Owner 3-4D-10 Written Notice Required 3-4D-6 Speculative Shell Buildings Of Community Development Organizations And For Profit Entities Application For Exemption By Property Owner 3-4C-3 Definitions 3-4C-1 Exemption Allowed 3-4C-2 ELECTIONS, PRECINCTS AND WARDS City Divided Into Four Wards 1-8-24 City Divided Into Twenty Precincts 1-8-3 Correction Of Errors 1-8-2 Definitions And Rules Of Construction 1-8-1 Precinct 1 1-8-4 Precinct 2 1-8-5 Precinct 3 1-8-6 Precinct 4 1-8-7 Precinct 5 1-8-8 i Precinct 6 1-8-9 Precinct 7 1-8-10 Precinct 8 1-8-11 Precinct 9 1-8-12 Precinct 10 1-8-13 Precinct 11 1-8-14 Precinct 12 1-8-15 Precinct 13 1-8-16 Precinct 14 1-8-17 Precinct 15 1-8-18 Precinct 16 1-8-19 Precinct 17 1-8-20 Precinct 18 1-8-21 Precinct 19 1-8-22 Precinct 20 1-8-23 Ward 1 1-8-25 Ward 2 1-8-26 Ward 3 1-8-27 Ward 4 1-8-28 April 2013 City of Dubuque -E- -E - ELECTIONS, PRECINCTS AND WARDS (cont) Precinct 18 1-8-21 Precinct 19 1-8-22 Precinct 20 1-8-23 Ward 1 1-8-25 Ward 2 1-8-26 Ward 3 1-8-27 1-8-28 Ward 4 ELECTRIC FRANCHISES Interstate Power Company Accessions To Franchise 11-5A-6 Acquisition At Expiration 11-5A-22 Adoption 11-5A-24 Company Rules 11-5A-13 Cure Of Defaults 11-5A-20 Definitions 11-5A-1 Excavations And Other Works 11-5A-4 Extension Of Service 11-5A-10 Forfeiture Of Franchise 11-5A-17 Franchise Fee 11-5A-23 Grant Of Franchise 11-5A-2 Indemnification 11-5A-15 Maps Of Distribution System 11-5A-14 Nonassignment 11-5A-16 Rates 11-5A-11 November 2011 City of Dubuque -E- -E- ELECTRIC FRANCHISES Interstate Power Company Accessions To Franchise 11-5A-6 Acquisition At Expiration 11-5A-22 Adoption 11-5A-24 Company Rules 11-5A-13 Cure Of Defaults 11-5A-20 Definitions 11-5A-1 Excavations And Other Works 11-5A-4 Extension Of Service 11-5A-10 Forfeiture Of Franchise 11-5A-17 Franchise Fee 11-5A-23 Grant Of Franchise 11-5A-2 Indemnification 11-5A-15 Maps Of Distribution System 11-5A-14 Nonassignment 11-5A-16 Rates 11-5A-11 Regulatory Review 11-5A-8 Relocation Of Service Lines 11-5A-5 Reports To City Council 11-5A-12 Representation Of Company 11-5A-7 Reservation Of Home Rule Powers 11-5A-21 Reserved Regulatory Rights 11-5A-9 Revival 11-5A-19 Severability 11-5A-18 Street Usage 11-5A-3 Maquoketa Valley Electric Cooperative Accessions To Franchise 11-5B-6 Acquisition At Expiration 11-5B-22 Adoption 11-5B-24 Company Rules 11-5B-13 Cure Of Defaults 11-5B-20 Definitions 11-5B-1 Excavations And Other Works 11-5B-4 Extension Of Service 11-5B-10 Forfeiture Of Franchise 11-5B-17 Franchise Fee 11-5B-23 Grant Of Franchise 11-5B-2 Indemnification; Insurance 11-5B-15 Maps Of Distribution System 11-5B-14 Meters 11-5B-8 Nonassignment 11-5B-16 Rates 11-5B-11 Relocation Of Service Lines 11-5B-5 Reports To City Council 11-5B-12 Representation Of Company 11-5B-7 April 2013 City of Dubuque -E- -E- ELECTRIC FRANCHISES (cont) Reservation Of Home Rule Powers 11-5B-21 Reserved Regulatory Rights 11-5B-9 Revival 11-5B-19 Severability 11-5B-18 Street Usage 11-5B-3 ELECTRIC TRANSMISSION LINE COMPANIES, PROCEDURES FOR LICENSING (See PROCEDURE FOR LICENSING ELECTRIC TRANSMISSION LINE COMPANIES) ELECTRICAL CODE National Electrical Code Adopted 14-1D-1 National Electrical Code Amendments 14-1D-2 EMERGENCY LOCATION FOR CITY GOVERNMENT 1-10-3 EMERGENCY MANAGEMENT Comprehensive Citywide Disaster Plan 7-3-3 Obedience To Mayor's Emergency Proclamations 7-3-1 Office Of Local Coordinator 7-3-2 EMERGENCY SUCCESSION DURING DISASTER Appointment 1-11-3 Definitions 1-11-2 Purpose 1-11-1 Termination Of Authority By Council 1-11-4 ENCROACHMENTS ON PUBLIC PLACES Hold Harmless 10-3-2 Insurance 10-3-3 Intent And Purpose 10-3-1 Newsracks Abandonment 10-3B-6 Definitions 10-3B-1 Identification 10-3B-4 Location And Size 10-3B-2 Standards 10-3B-3 Violations 10-3B-5 Other Encroachments Compliance With Historic Preservation Regulations 10-3D-3 Covenant Of Permit Holder 10-3D-5 Definition 10-3D-1 Maintenance 10-3D-4 Permit Requirements; Fees 10-3D-2 Projecting Signs Compliance With Historic Preservation Regulations 10-3C-4 Compliance With Zoning Ordinance 10-3C-3 Definitions 10-3C-1 Exclusion 10-3C-6 Maintenance 10-3C-5 Permit Requirements; Fees 10-3C-2 April 2013 City of Dubuque -E- -E- ENCROACHMENTS ON PUBLIC PLACES (cont) Revocation Of Permit 10-3-4 Sidewalk Cafes Authorization 10-3E-2 Days And Hours Of Operation 10-3E-5 Definition 10-3E-1 Designated Area 10-3E-4 Operation 10-3E-7 Permit Requirements; Fee 10-3E-3 Sound Equipment 10-3E-6 Waste Collection Receptacles Definitions 10-3A-1 Exception 10-3A-5 Exclusion 10-3A-4 Maintenance 10-3A-3 Permit Requirements; Fees 10-3A-2 ENERGY CONSERVATION CODE International Energy Conservation Code Adopted 14-1C-1 International Energy Conservation Code Amendments 14-1C-2 ENTERPRISE ZONE COMMISSION 3-4B April 2013 City of Dubuque -H - HUMAN RIGHTS (cont.) Removal Of Members For Unexcused Absences 8-2-6 Rules 8-2-7 Subpoenas 8-2-14 Unfair And Discriminatory Practices Accommodations Or Services 8-3-2 Credit 8-3-4 Disability Discrimination Construction 8-3A-3 Defenses, Exemptions And Exclusions 8-3A-2 Employment Prohibited Practices 8-3A-1 Illegal Use Of Drugs And Alcohol 8-3A-4 New Construction And Alteration Of Public Accommodations 8-3A-6 Public Accommodations; Prohibited Practices 8-3A-5 Education 8-3-5 Employment Practices 8-3-3 Generally 8-3-1 ILLICIT CONNECTIONS AND DISCHARGES TO STORM SEWER SYSTEM (See Also PUBLIC UTILITIES) 13-5 INDUSTRIAL PROJECTS (See Also ECONOMIC DEVELOPMENT) 3-4A INDUSTRIAL ZONING DISTRICTS 16-5-18, 16-5-19, 16-5-20 INFRACTION (See Also GENERAL PENALTY, CITY CODE) 1-4 INTERNATIONAL CODES ADOPTED Building Codes 14-1A-1 Energy Conservation Code 14-1 C-1 Fire Code 14-1E-1 Fuel Gas Code 14-1G-1 Mechanical Code 14-1F-1 Plumbing Code 14-1H-1 Residential Code 14-1B-2 INVESTMENT OVERSIGHT ADVISORY COMMISSION Appointment; Composition; Terms 2-3-2 Commission Created 2-3-1 Meetings 2-3-6 Policies Applicable To Commission Operations 2-3-7 Powers And Duties 2-3-3 Reports Provided 2-3-4 Rules 2-3-5 April 2013 City of Dubuque J JUNKANOAUTOSALVAGEDEALERS(SeeA]ao PAWNBROKERS AND SECONDHAND DEALERS; JUNK AND AUTO SALVAGE DEALERS) 4-6B L LAND USE (See AIso UNIFIED DEVELOPMENT CODE) Title 16 LICENSE REGULATIONS (See AIso BUSINESS AND LICENSE REGULATIONS) Title LICENSING OF VACANT AND/OR ABANDONED BUILDINGS (See AIso BUILDING AND DEVELOPMENT) 14-4 LIQUOR CONTROL Alcoholic Beverages Advertisement For Alcohol, Liquor, Wine Or Beer 4-2A-5 Buffet Sales Prohibited 4-2A-9 Consumption In Public Places 4'2A,6 Definitions 4-2A-2 Notice Of Violation Upon Issuance Of Citation 4-2A-8 Persons Under Legal Age 4-2A-7 Prohibited In Adult Entertainment Establishments 4-8'16E Prohibited Sales And Acts 4-2A-3 Purpose Of Chapter 4-2A-1 Sunday Sales 4-2A-4 Intoxicating Beverages In Parks 1O'5B'2 Liquor, Beer And Wine Licenses And Permits Action By Council; Forwarding Of Documents To State 4-2B-9 Application; Bond 4-2B-3 Application For Renewal 4-2B-14 Effect Of Revocation 4-2B-18 Fees And Surcharges 4-2B-8 Hearing 4-2B-17 Investigation Of Applicant And Premises 4-2B-5 License Or Permit Required 4-2B-1 Nature And Scope Of License Or Permit 4-2B-10 Persons Eligible 4-2B-4 Proof Of Financial Responsibility 4-2B-7 Requirement For Premises 4-2B-6 Separate Permits Required For Separate Locations 4-2B-2 April 2013 City of Dubuque -L- -M- LIQUOR CONTROL (cont.) Surrender Of Permit Or License; Refund Of Fee 4-2B-12 Suspension And Revocation Generally; Grounds 4-2B-15 Suspension And Revocation; Notification; Specific Terms 4-2B-16 Term Of License Or Permit; Seasonal Licenses And Permits 4-2B-13 Transferability As To Location 4-2B-11 Open Containers In Motor Vehicles 9-7-321.284 Open Containers In Motor Vehicles; Passengers 9-7-321.284A LITTERING 7-5A-5 LIVESTOCK (See Also ANIMAL CONTROL) 7-6 LONG RANGE PLANNING ADVISORY COMMISSION 15-2 M MAILBOXES General 10-3F-1 Nuisance 10-3F-4 Permit 10-3F-2 Placement And Design 10-3F-3 MANAGER, CITY 1-7-4 MAYOR AND CITY COUNCIL Compensation 1-6-2 Composition; Terms 1-6-1 Emergency Succession For Mayor And Council Members 1-6-4 Evidentiary Hearings By City Council 1-9 Mayor Pro Term 1-6-3 Rules And Procedure Amendments To Motions 1-6A-8 Attendance Of Media At Council Meetings 1-6A-5 Chart Of Preference Of Motions 1-6A-9 Committees, Boards And Commissions Established 1-6A-13 General Rules 1-6A-2 Motions 1-6A-7 Motions For Special Purposes 1-6A-10 Order Of Business And Agenda 1-6A-11 Ordinances, Resolutions And Motions 1-6A-12 Presiding Officer 1-6A-6 Purpose 1-6A-1 Records 1-6A-4 Rights Of Public 1-6A-14 Suspension Of Rules 1-6A-15 Types Of Meetings 1-6A-3 March 2014 City of Dubuque -M- -M- MECHANICAL CODE Fees 14-1F-3 International Mechanical Code Adopted 14-1F-1 International Mechanical Code Amendments 14-1F-2 MEETINGS Arts And Cultural Affairs Advisory Commission 2-8-12 Cable Television Commission 2-11-10 City Council 1-6A-3 Civil Service Commission 2-4-12 Environmental Stewardship Advisory Commission 2-6-5B Historic Preservation Commission 16-10-4 Housing Commission 2-5B-4 Investment Oversight Advisory Commission 2-3-6 Long Range Planning Advisory Commission 15-2-4B Park And Recreation Advisory Commission 10-5A-2 Transit Advisory Board 5-1-4 Zoning Advisory Commission 16-9-3B MINORS Adult Entertainment Establishments, Minors Prohibited In 4-8-16F Alcoholic Beverages, Regulations Regarding 4-2A-7 Child Restraints In Vehicles 9-12-321.446 Junk Dealers And Auto Salvage Dealers, Purchases From Minors Restricted 4 -6B -11A Parental Responsibility For 7-5D Pawnbrokers And Secondhand Dealers, Purchases From Minors Restricted 4-6A-12 Social Host Responsibility 7-5E Tobacco Products To Underage Persons 7-5A-15 Underage Persons Entering Gambling Facilities 7-5A-14 1-4 MISDEMEANOR (See Also GENERAL PENALTY, CITY CODE) MOTOR VEHICLES AND TRAFFIC Drivers' Licenses Generally Operation Of Motor Vehicle With Expired License Operation Without Registration 9-4-321.174A 9-4-321.98 Operator's License; Operation Of Commercial Motor Vehicles 9-4-321.174 Restricted Licenses 9-4-321.193 Licensees And Nonoperators Identification Cards; Violations Employing Unlicensed Chauffeur 9-4-321.221 Inspection Of License Prior To Renting 9-4-321.223 March 2014 City of Dubuque -P- -P- PARKS AND RECREATION (cont.) 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 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 July 2014 City of Dubuque -P- -P- PLANNING AND ZONING Comprehensive Plan Community Planning Defined 15-1-3 Comprehensive Pian Defined 15-1-1 Elements Of Comprehensive Plan 15-1-2 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 14-1 H-4 Inspection Fees 14-1H-6 International Plumbing Code Adopted 14-1H-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 July 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 July 2014 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, Assemblies And Special Events 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 Valet Drop Off Parking; Permit Requirements 10-8 Q R RABIES CONTROL (See Also ANIMAL CONTROL) 7-6C RAILROADS Maintenance Of Crossings, Rights Of Way 10-6-3 Parking Near Certain Streets Prohibited 10-6-5 Speed Restrictions 10-6-1 Unlawful Deposits 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) July 2014 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 July 2014 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 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 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 July 2014 City of Dubuque -S- -s- SEWERS AND SEWAGE DISPOSAL (cont) 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 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 July 2014 City of Dubuque SISTER CITY RELATIONSHIPS ADVISORY COMMISSION (cont.) 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 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 July 2014 City of Dubuque -s- -s- SOLICITOR'S LICENSE (cont.) Misrepresentation 4-5-9 Personal Nature; Transferability 4-5-12 Report To City Clerk Upon Loss Required 4-5-13 Soliciting From Temporary Stands Or Vehicles Restricted 4-5-14 SOLID WASTE City Or Private Collection Service Availability Of Collection Service 13-6A-2 Charges; Billing And Collection 13-6A-7 City Manager's Authority Generally 13-6A-1 Frequency, Time And Areas Of Collection 13-6A-3 Ownership Of Materials; Unauthorized Collecting Prohibited 13-6A-5 Placement Of Containers For Collection 13-6A-4 Private Collection Service 13-6A-9 Rates And Charges Established; Exceptions 13-6A-6 Yard Waste And Food Scraps 13-6A-8 Container Requirements; Collection Restrictions 13-6-3 Definitions 13-6-1 Deposits On Other Public Or Private Property 13-6-2 Hazardous And Prohibited Wastes Regulated 13-6-7 Storage And Accumulation Restricted 13-6-6 Unlawful Accumulations 13-6-5 Use Of State Approved Dump Site Or Disposal Project 13-6-9 Vehicles Hauling Solid Waste 13-6-8 Wrapping And Draining Of Certain Solid Wastes 13-6-4 SPECIAL EVENTS (See Also PARADES, ASSEMBLIES AND SPECIAL EVENTS) 10-4 SPECIAL PURPOSE DISTRICTS 16-5-21 — 16-5-24 SPECULATIVE SHELL BUILDINGS OF COMMUNITY DEVELOPMENT ORGANIZATIONS AND FOR PROFIT ENTITIES (See Also ECONOMIC DEVELOPMENT) 3-4C SPEED RESTRICTIONS 9-7-321.285 — 9-7-321.294 STAGNANT WATER 6-4-3D STATE STATUTES ADOPTED (See CODES, STATE STATUTES ADOPTED) STORMWATER MANAGEMENT Annual Review Of SFU Rate 13-4-12 Appeal Of Impervious Surface Calculation 13-4-9 Billing, Delinquent Accounts And Collection Procedures 13-4-11 Declaration Of Purpose; Establishment Of District 13-4-2 Definitions 13-4-1 Expenses Of Collection Of Charges 13-4-13 Nonresidential Property 13-4-8 Nonsingle-Family Residential Property 13-4-7 Organization 13-4-4 July 2014 City of Dubuque -S- -T- STORMWATER MANAGEMENT (cont.) Powers, Duties And Responsibilities 13-4-3 Rate Determinations; Compliance With Bond Covenants 13-4-10 SFU Rate, Charges; Utility Revenues 13-4-5 Single -Family Residential Property 13-4-6 STREETS, SIDEWALKS AND OTHER PUBLIC PLACES Curb And Driveway Construction Permit 10-1-1 Driving On Sidewalk 10-1-9 Expectoration 10-1-5 Hauling Of Dirt, Other Materials Through Streets 10-1-6 Obstructing Public Ways 10-1-4 Playing In Streets 10-1-10 Removal Of Barricades Or Warning Devices 10-1-8 Sidewalk Installation And Repair 10-1-2 Snow And Ice Removal 10-1-3 Unlawful Deposits 10-1-7 SUBDIVISIONS, LAND DEVELOPMENT (See Also UNIFIED DEVELOPMENT CODE) 16-11 SWIMMING POOLS Construction 14-9-3 Definition 14-9-1 Fencing Requirements 14-9-4 Location 14-9-5 Permit Required; Fees 14-9-2 State Code Adopted 14-9-6 T TATTOOING 6-1-1 TAXATION (See Also REVENUE AND TAXATION) Title 3 TRAFFIC (See Also MOTOR VEHICLES AND TRAFFIC) Title 9 TRANSIT SYSTEM Transit Advisory Board; General Provisions Board Appointment; Term; Officers 5-1-1 Fare Increase Or Reduction In Service, Procedure 5-1-6 Meetings 5-1-4 Powers And Duties Of Board 5-1-3 Procedures For Operations 5-1-5 Quorum; Voting Requirement 5-1-2 TREASURER 1-7-7 TREES AND WEEDS Trees And Landscaping 6-8-1 Trees Or Plant Materials That Are Diseased Or Damaged 6-4-3B Weed Abatement 6-8-2 July 2014 City of Dubuque SOLID WASTE City Or Private Collection Service Availability Of Collection Service 13-6A-2 Charges; Billing And Collection 13-6A-7 City Manager's Authority Generally 13-6A-1 Frequency, Time And Areas Of Collection 13-6A-3 Ownership Of Materials; Unauthorized Collecting Prohibited 13-6A-5 Placement Of Containers For Collection 13-6A-4 Private Collection Service 13-6A-9 Rates And Charges Established; Exceptions 13-6A-6 Yard Waste And Food Scraps 13-6A-8 Container Requirements; Collection Restrictions 13-6-3 Definitions 13-6-1 Deposits On Other Public Or Private Property 13-6-2 Hazardous And Prohibited Wastes Regulated 13-6-7 Storage And Accumulation Restricted 13-6-6 Unlawful Accumulations 13-6-5 Use Of State Approved Dump Site Or Disposal Project 13-6-9 Vehicles Hauling Solid Waste 13-6-8 Wrapping And Draining Of Certain Solid Wastes 13-6-4 SPECIAL PURPOSE DISTRICTS 16-5-21 — 16-5-24 SPECULATIVE SHELL BUILDINGS OF COMMUNITY DEVELOPMENT ORGANIZATIONS AND FOR PROFIT ENTITIES (See Also ECONOMIC DEVELOPMENT) 3-4C SPEED RESTRICTIONS 9-7-321.285 — 9-7-321.294 STAGNANT WATER 6-4-3D STATE STATUTES ADOPTED (See CODES, STATE STATUTES ADOPTED) STORMWATER MANAGEMENT Annual Review Of SFU Rate 13-4-12 Appeal Of Impervious Surface Calculation 13-4-9 Billing, Delinquent Accounts And Collection Procedures 13-4-11 Declaration Of Purpose; Establishment Of District 13-4-2 Definitions 13-4-1 Expenses Of Collection Of Charges 13-4-13 Nonresidential Property 13-4-8 Nonsingle-Family Residential Property 13-4-7 Organization 13-4-4 Powers, Duties And Responsibilities 13-4-3 Rate Determinations; Compliance With Bond Covenants 13-4-10 SFU Rate, Charges; Utility Revenues 13-4-5 Single -Family Residential Property 13-4-6 STREETS, SIDEWALKS AND OTHER PUBLIC PLACES Curb And Driveway Construction Permit 10-1-1 Driving On Sidewalk 10-1-9 City of Dubuque -s- -u- STREETS, SIDEWALKS AND OTHER PUBLIC PLACES (cont.) Expectoration 10-1-5 Hauling Of Dirt, Other Materials Through Streets 10-1-6 Obstructing Public Ways 10-1-4 Playing In Streets 10-1-10 Removal Of Barricades Or Warning Devices 10-1-8 Sidewalk Installation And Repair 10-1-2 Snow And Ice Removal 10-1-3 Unlawful Deposits 10-1-7 SUBDIVISIONS, LAND DEVELOPMENT (See Also UNIFIED DEVELOPMENT CODE) 16-11 SWIMMING POOLS Construction 14-9-3 Definition 14-9-1 Fencing Requirements 14-9-4 Location 14-9-5 Permit Required; Fees 14-9-2 State Code Adopted 14-9-6 T TATTOOING 6-1-1 TAXATION (See Also REVENUE AND TAXATION) Title 3 TRAFFIC (See Also MOTOR VEHICLES AND TRAFFIC) Title 9 TRANSIT SYSTEM Transit Advisory Board; General Provisions Board Appointment; Term; Officers 5-1-1 Fare Increase Or Reduction In Service, Procedure 5-1-6 Meetings 5-1-4 Powers And Duties Of Board 5-1-3 Procedures For Operations 5-1-5 Quorum; Voting Requirement 5-1-2 TREASURER 1-7-7 TREES AND WEEDS Trees And Landscaping 6-8-1 Trees Or Plant Materials That Are Diseased Or Damaged 6-4-3B Weed Abatement 6-8-2 U UNFAIR AND DISCRIMINATORY PRACTICES (See Also HUMAN RIGHTS) 8-3 City of Dubuque -u- -u- UNIFIED DEVELOPMENT CODE (cont.) Overlay Districts Airport Overlay District 16-6-5 Flood Hazard Overlay District 16-6-4 OTN Old Town Neighborhood District Overlay 16-6-6 RHOD Restricted Height Overlay District 16-6-2 RROD Rural Residential Overlay District 16-6-1 SOD Freeway 61/151 Corridor Signage Overlay District 16-6-3 POS Public Open Space District 16-5-23 Accessory Uses 16-5-23-3 Bulk Regulations 16-5-23-7 Conditional Uses 16-5-23-2 Parking 16-5-23-5 Principal Permitted Uses 16-5-23-1 Signs 16-5-23-6 Temporary Uses 16-5-23-4 PUD Planned Unit Development District 16-5-24 Commission Recommendation 16-5-24-6 Council Action 16-5-24-7 Development Regulations 16-5-24-3 Development To Follow Approved Site Plan 16-5-24-8 General Requirements 16-5-24-2 Plan Approval Standards 16-5-24-5 Procedure To Establish, Amend, Or Expand PUD 16-5-24-4 Purpose 16-5-24-1 Parking Accessible Parking Space Requirements 16-14-7 Bicycle Parking Required 16-14-9 Location Of Parking Spaces 16-14-4 Nonconforming Parking Lots 16-14-8 Off Street Parking And Storage Of Vehicles In Residential Districts 16-14-5 Off Street Parking Requirements 16-14-6 Parking Required 16-14-1 Parking Space Calculations 16-14-3 Shared Parking Reduction 16-14-10 Site Plan Required 16-14-2 R-1 Single -Family Residential District 16-5-2 Accessory Uses 16-5-2-3 Bulk Regulations 16-5-2-7 Conditional Uses 16-5-2-2 Parking 16-5-2-5 Principal Permitted Uses 16-5-2-1 Signs 16-5-2-6 Temporary Uses 16-5-2-4 City of Dubuque -U- -u- UNIFIED DEVELOPMENT CODE (cont.) R-2 Two -Family Residential District 16-5-3 Accessory Uses 16-5-3-3 Bulk Regulations 16-5-3-7 Conditional Uses 16-5-3-2 Parking 16-5-3-5 Principal Permitted Uses 16-5-3-1 Signs 16-5-3-6 Temporary Uses 16-5-3-4 R -2A Alternate Two -Family Residential District 16-5-4 Accessory Uses 16-5-4-3 Bulk Regulations 16-5-4-7 Conditional Uses 16-5-4-2 Parking 16-5-4-5 Principal Permitted Uses 16-5-4-1 Signs 16-5-4-6 Temporary Uses 16-5-4-4 R-3 Moderate Density Multi -Family Residential District 16-5-5 Accessory Uses 16-5-5-3 Bulk Regulations 16-5-5-7 Conditional Uses 16-5-5-2 Parking 16-5-5-5 Principal Permitted Uses 16-5-5-1 Signs 16-5-5-6 Temporary Uses 16-5-5-4 R-4 Multi -Family Residential District 16-5-6 Accessory Uses 16-5-6-3 Bulk Regulations 16-5-6-7 Conditional Uses 16-5-6-2 Parking 16-5-6-5 Principal Permitted Uses 16-5-6-1 Signs 16-5-6-6 Temporary Uses 16-5-6-4 RHOD Restricted Height Overlay District 16-6-2 Applicability 16-6-2-1 Area Designations And Height Limitations 16-6-2-2 RROD Rural Residential Overlay District 16-6-1 Applicability 16-6-1-1 Establishment Of R-1 Single -Family Residential Zoning District 16-6-1-2 Reclassification To Original Underlying Or Any Other Zoning District 16-6-1-3 SOD Freeway 61/151 Corridor Signage Overlay District 16-6-3 Purpose 16-6-3-1 SOD Boundary 16-6-3-2 SOD Sign Regulations 16-6-3-3 City of Dubuque UNIFIED DEVELOPMENT CODE (cont.) Signs Applicability 16-15-2 Construction, Generally 16-15-21 Definitions 16-15-5 Design, Generally 16-15-20 Discontinued Or Abandoned Signs 16-15-16 Enforcement 16-15-3 Exempt Signs 16-15-9 Fee Schedule 16-15-19 Maintenance 16-15-15 Message Substitution 16-15-17 Nonconforming Signs 16-15-14 Off Premises Signs 16-15-12 Permit Required 16-15-6 Inspections 16-15-6-6 Issuance 16-15-6-2 Permit Application 16-15-6-1 Permit Expiration 16-15-6-4 Permit Validity 16-15-6-3 Suspension Or Revocation 16-15-6-5 Permitted On Premises Signs 16-15-11 AG Agriculture And R-1, R-2, R -2A, R-3, And R-4 Residential Districts 16-15-11-1 C-1 Neighborhood Commercial District 16-15-11-5 C-2 Neighborhood Shopping Center District 16-15-11-6 C -2A Mixed Use Neighborhood District 16-15-11-7 C-3 General Commercial District 16-15-11-8 C-4 Downtown Commercial District 16-15-11-9 C-5 Central Business District 16-15-11-10 CR Commercial Recreation District 16-15-11-12 CS Commercial Service And Wholesale District 16-15-11-11 ID Institutional District 16-15-11-13 LI, HI, And MHI Industrial Districts 16-15-11-14 OC Office Commercial District 16-15-11-4 OR Office Residential District 16-15-11-2 OS Office Service District 16-15-11-3 Prohibited Signs 16-15-8 Projecting Signs 16-15-18 Projection And Clearance, Generally 16-15-22 Purpose 16-15-1 Sign Calculations 16-15-7 Sign Installer's License 16-15-4 Exception 16-15-4-2 Insurance Required 16-15-4-4 License Fee 16-15-4-3 License Required 16-15-4-1 City of Dubuque -U - UNIFIED DEVELOPMENT CODE (cont.) Signs In Historic Districts 16-15-13 Standards Applicable To Specific Sign Types 16-15-23 Combination Signs 16-15-23-5 Electric Signs 16-15-23-7 Electronic Message Signs 16-15-23-8 Ground Monument Signs 16-15-23-2 Marquee Signs 16-15-23-6 Pole Signs 16-15-23-1 Projecting Signs 16-15-23-4 Wall Signs 16-15-23-3 Temporary Signs 16-15-10 Site Design Standards Applicability 16-13-2 Design Standards For Big Box Retail Uses 16-13-5 Design Standards For Biofuels Production Facilities 16-13-7 Design Standards For Retail Commercial Uses And Regional Shopping Centers 16-13-6 Intent 16-13-1 Landscaping And Screening Requirements 16-13-4 Site Development Requirements 16-13-3 Parking Lot Layout 16-13-3-5 Parking Lot Lighting 16-13-3-5-2 Parking Lot Provisions For Bicycle Parking 16-13-3-5-1 Standard Parking Space Dimensions 16-13-3-5-3 Parking Structures 16-13-3-4 Sidewalks And Walkways 16-13-3-6 Site Lighting 16-13-3-1 Stormwater Management 16-13-3-3 Utility Locations 16-13-3-2 Site Plans Administrative Waiver 16-12-4 Application And Scope Of Site Plan Review And Approval 16-12-2 Development Activities Subject To Site Plan Review 16-12-3 Purpose 16-12-1 Site Plan Appeals 16-12-7 Site Plan Application Requirements 16-12-6 Site Plan Review Procedures 16-12-5 Supplemental Use Regulations Adult Entertainment Establishments 16-7-4 Home Based Businesses 16-7-1 Towers And Antennas 16-7-2 Wind Energy Conversion Systems 16-7-3 City of Dubuque