Supplement No. 19 - Code of Ordinances - September, 2015STERLING CODIFIERS
3906 Schreiber Way
Coeur d'Alene, ID" 8381.5
(208) 665-7193
INSTRUCTION SHEET:
REMOVE PAGE HEADED
Preface
TABLE OF CONTENTS:
Title 9 (cont.)
and following page
RECEIVED
15 SP 28 AM10? 48
City Ciierk's ;Office
Du auque !
DUBUQUE, Iowa,
Supplement No. 19/September, 2015
Includes Ordinances: 29-15 through 38-15, 40-15, 41-15
42-15, 43-15 and 45-15 through 51-15
VOLUME
TITLE 2:
2-3-10, B. Special Meetings: Special meetings
2-5D-1, Chapter 5, Article D. Trust Fund
and, following page
2-6-10, 2-6-10: Meetings
2-8-8 2-8-8: Vacancies: Vacancies must be
2-11-1, Chapter 11, Cable Television
and following two pages
TITLE 5:
5-1-10, 2. Attendance must be entered upon
TITLE 6:
6-6-8, Reasonable efforts should be made to
and following page
TITLE 8:
8-2-1, Chapter 2, Human Rights Commission
and following two pages
TITLE 10:
10-3E-1, Chapter 3, Article E. Sidewalk Cafes
10-5A-1, Chapter 5, Article A. Administration
10-5B-1, Chapter 5, Article B. Use Regulations
10-5B-22, Washington Park
INSERT NEW PAGE HEADED
Preface
Title 9 (cont.)
and following page
2-3-10, B. Special Meetings: Special meetings
2-5D-1 Chapter 5, Article D. Trust Fund
and, following two pages
2-6-10, 2-6-10: Meetings
2-8-8, 2-8-8: Vacancies: Vacancies must be
2-11-1, Chapter 11, Cable Television
and following two pages
5-1-10, 2. Attendance must be entered upon
6-6-8, Reasonable efforts should be made to
and following page
8-2-1, Chapter 2, Human Rights Commission
and; following two pages
10-3E-1, Chapter 3, Article E. Sidewalk Cafes
10-5A-1, Chapter 5, Article A. Administration,
10-5B-1, Chapter 5, Article B. Use. Regulations
10-5B-22 Washington Park
REMOVE PAGE HEADED
VOLUME II
TABLE OF CONTENTS:
Title 9 (cont.)
and following page
TITLE 14:
Title 14, Building And Development
and following page
14-1A-5, or city manager's designee for the
14-1D-3, 4. Attendance
14-2-3, vided, that a fee is paid for each
TITLE 16:
16-5-21, 1.6-5-21: AG Agriculture: The AG
16-8-5-10, B. Such use shall be owned and
and following five pages
16-9-5, peculiar to the property is claimed
16-10-1, Chapter 10, Historic Preservation
and following three pages
16-10-2, gazebos, advertising signs, billboards
and following nineteen pages '
16-11-2, C. Southwest Arterial Corridor
16-13-2, 1. Urban Renewal Districts: These
INDEX:
-B-,Bicycles (cont.)
and following three pages
-H-, Hotel And Motel Tax
and following two pages
-0-,Offenses
and following page
-U-, Unified Development..., Establishment Of
and following page
-U-, Unified Development..., Special Exceptions -'
and following page
INSERT NEW PAGE HEADED
Title 9 (cont.)
and following page
Title 14, Building And Development
and following page
14-1A-5, or city manager's designee for the
and following two pages
14-1D-3, 4. Attendance
14-2-3, vided, that a fee is paid for each
14-15-1, Chapter 15, Water
and following four pages
(insert immediately after page headed
14-14-6, 4 All solar loop building)
16-5-21, 16-5-21. AG Agriculture: The AG
16-8-5-10, B. Such use shall be owned and
and following eight pages
16-9-5, peculiar to the property is claimed
16-10-1, Chapter 10, Historic Preservation
and following five pages
16-10-2, gazebos, advertising signs, billboards
and following seventeen pages
16-11-2, C. Southwest Arterial Corridor
16-13-2, 1. Urban Renewal Districts: These
-B-, Bicycles (cont.)
and following three pages
-H-, Hotel And Motel Tax
and following two pages
-0-, Offenses
and following page
-U-, Unified Development.., Establishment Of
-U-, Unified Development..., Special Exceptions
and following page
PREFACE
This city code of the city of Dubuque, as supple-
mented, contains ordinances up to and including
ordinance 28-15, passed April 20, 2015. 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
June 2015
City of Dubuque
ii
i.
f.
TITLE 9 (cont.)
Impoundment Of Vehicles 15
Miscellaneous City Provisions 16
TITLE 10
Public Ways And Property
Streets, Sidewalks And Other
Public Places 1
Excavations 2
Encroachments On Public
Places 3
Waste Collection Receptacles 3A
Newsracks 3B
Projecting Signs 3C
Other Encroachments 3D
Sidewalk Cafes 3E
Mailboxes 3F
Parades, Assemblies And
Special Events 4
Parks And Recreation 5
Administration 5A
Use Regulations 5B
Specific Parks, Open Spaces
And Trails 5C
Railroads 6
Boats, Boating And Waterfront
Structures 7
Valet Drop Off Parking;
Permit Requirements 8
TITLE 11
Rights Of Way
Nonfranchised Communications
Systems
Cable Right Of Way Regulations .
Cable Communications
Open Video Systems
Cable Television
Community Teleprogramming
Commission (Rep. by
Ord. 5-12, 2-6-2012) 3B
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 And Light
Company 5A
Maquoketa Valley Electric
Cooperative 5B
Procedure For Licensing
Electric Transmission
Line Companies 6
TITLE 12
Airport
Administration And Enforcement 1
General Regulations 2
Airport Zoning Regulations 3
Airport Commission 4
Airport Zoning Commission 5
Airport Zoning Board Of
Adjustment 6
TITLE 13
Public Utilities
Water Use And Service 1
Connections 1A
Water Meters 1B
1 Rates 1C
. 2 Cross Connection Control 1D
2A Sewers And Sewage Disposal .... 2
2B Discharge Regulations 2A
3 Private Disposal Systems;
Cable Franchise Agreement ... 3A
Private Haulers 2B
June 2015
City of Dubuque
TITLE 13 (cont.)
Rates 2C
Industrial Pretreatment
Program 2D
Fats, Oils And Greases
(FOG) Program 2E
Gas Main Connections 3
Stormwater Management 4
Illicit Connections And
Discharges To Storm Sewer
System 5
Solid Waste 6
City Or Private Collection
Service 6A
TITLE 14
Building And Development
Building Codes 1
Building Code And Regulations 1A
Residential Code 1B
Energy Conservation Code 10
Electrical Code 1D
Fire Code And Regulations 1 E
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 7
Exterior Storage Containers
And Storage Trailers 8
Swimming Pools 9
June 2015
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
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
City of Dubuque
TITLE 16 (cont.)
Site Plans 12
Site Design Standards 13
Parking 14
Signs 15
INDEX
City of Dubuque
November 2014
2-3-10 2-3-13
B. Special Meetings: Special meetings may be called by the chair-
person or at the written request of a majority of the commissioners.
C. Open Meetings: All meetings must be called and held in confor-
mance with the Iowa open meetings law.
D. Attendance:
1. In the event a commissioner has been absent for three (3) or
more consecutive meetings of the commission, without being
excused by the chairperson, such absence will be grounds for the
commission to recommend to the city council that the position be
declared vacant and a replacement appointed.
2. Attendance must be entered upon the minutes of all meetings.
E. Minutes: A copy of the minutes of all regular and special meetings of
the commission must be filed with the city council within ten (10)
working days after each meeting, or by the next regularly scheduled
city council meeting, whichever is later.
F. Quorum: Three (3) commissioners constitute a quorum for the trans-
action of business. The affirmative vote of a majority of the commis-
sioners present and voting is necessary for the adoption of any
motion or resolution. (Ord. 52-14, 8-4-2014)
2-3-11: COMPENSATION: Commissioners serve without compensa-
tion, provided that they may receive reimbursement for neces-
sary travel and other expenses while on official commission business within
the limits established in the city administrative policies and budget. (Ord.
52-14, 8-4-2014)
2-3-12: REMOVAL: The city council may remove any commissioner
for cause upon written charges and after a public hearing.
(Ord. 52-14, 8-4-2014)
2-3-13: POWERS: The commission has the following powers, duties,
and responsibilities:
A. To review the actions and decisions of the finance director and the
city's money managers for compliance with the city's investment
policy and report any noncompliance to the city council;
November 2014
City of Dubuque
2-3-13 2-3-14
B. To recommend, as needed, changes in the city's investment policy to
the city manager and the city council; and
C. To review the investment performance of the city and the city's
money managers and report to the city council concerning same at
least quarterly. (Ord. 52-14, 8-4-2014)
2-3-14: REPORTS PROVIDED: The finance director must provide the
commission with monthly, quarterly, and annual reports pre-
pared by the finance director and the city's financial advisors. (Ord. 52-14,
8-4-2014)
November 2014
City of Dubuque
2-5D-1 2-5D-3
CHAPTER 5
HOUSING AGENCY AND COMMUNITY DEVELOPMENT COMMISSIONS
ARTICLE D. TRUST FUND ADVISORY COMMITTEE
SECTION:
2-5D-1:
2-5D-2:
2-5D-3:
2-5D-4:
2-5D-5:
2-5D-6:
2-5D-7:
Trust Fund Established
Purpose
Financial Management
Trust Fund Administration
Funding
Committee Established; Membership; Functions
Iowa Finance Authority State Housing Trust Fund Program
2-5D-1: TRUST FUND ESTABLISHED: Subject to the conditions
hereinafter set forth, a fund to be known as the city of
Dubuque housing trust fund (trust fund) is hereby established for the
collection and disbursement of funds to meet the housing needs of the
city's low and moderate income residents. (2007 Code § 26-31)
2-5D-2: PURPOSE: The purpose of the trust fund shall be to collect
and disburse revenue to meet the housing needs of low and
moderate income households as defined in the city of Dubuque
comprehensive housing affordability strategy (CHAS). This shall in no way
construe that these funds will be used to finance housing permanently
owned by the city. The trust fund, as a permanent and revolving source of
revenue, will provide for loans and grants to finance projects including, but
not limited to, the acquisition, rehabilitation and/or new construction of
rental and owner occupied housing, as well as to provide money for
relocation assistance to income qualified displaced tenants. (2007 Code
§ 26-32)
2-5D-3: FINANCIAL MANAGEMENT: The financial management of
the trust fund shall be the responsibility of the city manager,
City of Dubuque
2-5D-3 2-5D-6
whose responsibilities shall include, but not be limited to, the following:
a) holding trust revenue for those purposes defined by the housing commis-
sion and approved by the city council; b) disbursing funds for the housing
commission as appropriated in the annual operating budget approved by
the city council; and c) performing any other function needed to ensure the
sound financial management of and accountability for trust fund revenues
and expenditures. (2007 Code § 26-33)
2-5D-4: TRUST FUND ADMINISTRATION: The trust fund shall be
administered by the city manager. The city manager shall be
responsible for, but not limited to, the following: a) marketing the program of
the trust fund; b) soliciting applications; c) packaging applications for
housing commission review; d) coordinating legal or financial assistance to
the housing commission; e) ensuring public participation; f) pursuing new
revenue sources; g) overseeing and accounting for funded projects; h)
coordinating with the city departments and agencies; i) collecting and
servicing loans made by the trust fund; j) preparing periodic reports for the
housing commission and city council; and k) general day to day operation of
the fund. (2007 Code § 26-34)
2-5D-5: FUNDING: The housing commission shall be responsible for
recommending sources of funding and revenues for the trust
fund to the city manager and/or city council.
As funds and revenues become available, the activities of the trust fund
shall be carried out as specified in this article. Notwithstanding the
foregoing, however, nothing herein shall require or impose any obligation
upon the city council to provide any funds for any of the purposes of this
article. (2007 Code § 26-35)
2-5D-6: COMMITTEE ESTABLISHED; MEMBERSHIP; FUNCTIONS:
A. Establishment; Functions: A housing trust fund advisory committee
of the housing commission shall be established to recommend policy
direction and oversight to the administration and operation of the
housing trust fund by: 1) soliciting funding; 2) developing bylaws to
govern the committee's operations; and 3) developing policies and
guidelines for acquisition and distribution of funds. Such solicitations,
bylaws, policies and guidelines shall be approved by the housing
commission and submitted to the city council for its approval.
City of Dubuque
2-5D-6 2-5D-7
B. Duties: The housing trust fund advisory committee shall coordinate
an effective mechanism for public participation in the operation of the
trust fund, recommend projects to the housing commission for
funding approval and engage in activities providing for the efficient
use of the trust fund.
C. Membership; Terms:
1. The housing trust fund advisory committee shall have five (5)
members appointed by the city council to serve for three (3) year
terms. Three (3) of the committee members shall be members of the
housing commission and two (2) shall be members of the public. The
chair of the trust fund advisory committee shall be appointed by the
housing commission.
2. The two (2) members of the public shall be selected specifically
on the basis of experience in real estate development, banking,
finance, accounting, funds management or other related areas of
expertise.
D. Meetings; Rules And Regulations: The housing trust fund advisory
committee shall hold at least six (6) meetings each year. The
housing commission may adopt such rules and regulations it deems
necessary to govern the committee's organizational procedures and
which do not conflict with this article or other resolutions and/or
decisions of the city council.
E. Governing Operations: All administrative, personnel, accounting,
budgetary and procurement policies and practices of the city shall
govern the housing trust fund advisory committee in all its operations
and activities. (2007 Code § 26-36)
2-5D-7: IOWA FINANCE AUTHORITY STATE HOUSING TRUST
FUND PROGRAM:
A. Application For Funds: For purposes of the Iowa finance authority
state housing trust fund, the housing trust fund advisory committee
shall have the authority to make application to the Iowa finance
authority for funds from the local housing trust fund program and the
project based housing program and to direct, without further approval
of any city officer or the city council, how such funds shall be used in
accordance with the Iowa finance authority trust fund allocation plan.
City of Dubuque
2-5D-7 2-5D-7
B. Maintenance Of Funds: Funds received by the city from the Iowa
finance authority state housing trust fund shall be maintained by the
city in a separate account and subject to the direction of the housing
trust fund advisory committee.
C. Local Matching Funds: For purposes of providing required local
matching funds for applications to the Iowa finance authority state
housing trust fund, the housing trust fund advisory committee shall
have the final authority to direct how such funds shall be used in
accordance with the Iowa finance authority trust fund allocation plan.
Allocation of local matching funds to the housing trust fund advisory
committee shall be made by decision of the city council. (2007 Code
§ 26-37)
City of Dubuque
2-6-10 2-6-12
2-6-10: MEETINGS:
A. Regular Meetings: The commission must meet monthly.
B. Special Meetings: Special meetings may be called by the chair-
person or at the written request of a majority of the commissioners.
C. Open Meetings: All meetings must be called and held in confor-
mance with the Iowa open meetings law.
D. Attendance:
1. In the event a commissioner has been absent for three (3) or
more consecutive meetings of the commission, without being
excused by the chairperson, such absence will be grounds for the
commission to recommend to the city council that the position be
declared vacant and a replacement appointed.
2. Attendance must be entered upon the minutes of all meetings.
E. Minutes: A copy of the minutes of all regular and special meetings of
the commission must be filed with the city council within ten (10)
working days after each meeting, or by the next regularly scheduled
city council meeting, whichever is later.
F. Quorum: Four (4) commissioners constitute a quorum for the trans-
action of business. The affirmative vote of a majority of the commis-
sioners present and voting is necessary for the adoption of any
motion or resolution. (Ord. 55-14, 8-18-2014)
2-6-11: COMPENSATION: Commissioners serve without compensa-
tion, provided that they may receive reimbursement for neces-
sary travel and other expenses while on official commission business within
the limits established in the city administrative policies budget. (Ord. 55-14,
8-18-2014)
2-6-12: REMOVAL: The city council may remove any commissioner
for cause upon written charges and after a public hearing.
(Ord. 55-14, 8-18-2014)
January 2015
City of Dubuque
2-6-13 2-6-13
2-6-13: POWERS:
A. The commission has the following powers, duties, and responsibili-
ties:
1. To develop, articulate, and propose goals, objectives, and policies
to the city council for the stewardship of the city's environment and
its ecological systems for present and future generations.
2. To advise and inform the city council on environmental steward-
ship issues, including the implementation of and compliance with
legislation, regulations, and policies.
3. To hold public forums on specific issues at the direction of the city
council.
4. To provide, upon request, to other boards, commissions, and city
departments, information for environmental educational programs,
educational materials, and environmental volunteer opportunities.
5. To provide input to the long range planning advisory commission
regarding environmental stewardship issues in the comprehensive
plan. (Ord. 55-14, 8-18-2014)
January 2015
City of Dubuque
2-11-1 2-11-2
SECTION:
2-11- 1:
2-11- 2:
2-11- 3:
2-11- 4:
2-11- 5:
2-11- 6:
2-11- 7:
2-11- 8:
2-11- 9:
2-11-10:
2-11-11:
2-11-12:
2-11-13:
2-11-1:
CHAPTER 11
CABLE TELEVISION COMMISSION
Commission Created
Purpose
Internal Organization And Rules
Procedures For Operation
Membership
Oath
Term
Vacancies
Officers/Organization
Meetings
Compensation
Removal
Powers
COMMISSION CREATED: There is hereby created a cable
television commission. (Ord. 5-12, 2-6-2012)
2-11-2: PURPOSE: The purposes of the commission are as follows:
A. To develop, in respect to community programming and cable regula-
tion, policies that will govern:
1. The use and protection of equipment and facilities;
2. All training programs;
3. The priorities and scheduling for use of channel time;
4. The daily regulation and administration of the cable franchise;
5. The resolution of subscriber complaints which could not be
resolved satisfactorily by the cable manager; and
April 2012
City of Dubuque
2-11-2 2-11-2
6. Other matters pertaining to community programming or cable
services in Dubuque which may arise.
B. To develop policies and procedures regarding the public community
programming channels that will promote its nondiscriminatory, first
come, first served and equitable use in conformity with all applicable
regulations and requirements and limit such use to residents of
Dubuque and their own productions.
C. To encourage interest in and development of decidedly local commu-
nity programming.
D. To encourage cooperation and cordial relations between community
programmers, cable subscribers, and the local cable manager and
the local cable manager's staff.
E. To identify and support organization of subcommunities to be
responsible for the channels reserved for public, education, and
government programming.
F. To advise the following:
1. The city manager or the city manager's designee (collectively "the
city manager") on matters relating to community programming and
the regulation of the cable system;
2. The city council on expenditure of any funds designated by a
franchise for PEG equipment and facilities; and
3. The city council on any matter relating to the cable franchise or
system.
G. To promulgate and administer through the city manager all policies,
rules, and procedures relating to community programming.
H. To keep abreast of developments in cable technologies, services,
and programming and to become competent in cable regulation,
finances, and standards of operation.
To act through the city manager as the local regulatory agent of the
cable franchise and to monitor the operation of the cable system.
J. To consult with the local cable manager on the best updating of the
cable system, services, and programming and to advise the city
council on expending the updating funds.
April 2012
City of Dubuque
2-11-2 2-11-5
K. To evaluate its own proceedings and actions and all community
programming and cable related activities.
L. To provide any cable user in Dubuque the opportunity to voice a
complaint regarding the user's cable service. (Ord. 5-12, 2-6-2012)
2-11-3: INTERNAL ORGANIZATION AND RULES: The commission
may adopt rules and regulations to govern its organizational
procedures as may be necessary and which are not in conflict with city or
state code. (Ord. 5-12, 2-6-2012)
2-11-4: PROCEDURES FOR OPERATION: All administrative,
personnel, accounting, budgetary, and procurement policies
of the city govern the commission in all its operations. (Ord. 5-12, 2-6-2012)
2-11-5: MEMBERSHIP:
A. The commission consists of seven (7) residents of the city,
appointed by the city council. (Ord. 14-12, 2-20-2012)
B. Residents must be eighteen (18) years of age or older.
C. Special qualifications:
1. In its appointments, the city council will endeavor to achieve a
broad representation of the subcommunities and public interests
which can take advantage of dedicated channels to benefit the
residents of Dubuque and to develop a commission versed and
competent in telecommunication administration, finances, and
regulation. The city council will attempt to give preference to
applicants who are actively interested in promoting community cable
programming who possess, or are willing to acquire, video
production background, and who will relate to the spectrum of
informational and cultural needs of cable viewers of Dubuque and
applicants who possess professional or experiential backgrounds in
law, finances, administration, public relations, or telecommunication
technologies.
2. Members of the commission who represent subcommunities
utilizing dedicated channels are not to be deemed to have a conflict
of interest in the use of the equipment and facilities provided for that
April 2012
City of Dubuque
2-11-5 2-11-10
purpose solely because of their membership on the commission.
(Ord. 5-12, 2-6-2012)
2-11-6: OATH: Each person, upon appointment or reappointment to
the commission, must execute an oath of office at the first
meeting of the commission following the appointment or reappointment or at
the city clerk's office any time prior to or within ten (10) days following the
first meeting of the commission. (Ord. 5-12, 2-6-2012)
2-11-7: TERM: For the initial appointments, three (3) of the
appointments will be for terms ending July 1, 2014, and four
(4) of the appointments will be for terms ending July 1, 2015. Thereafter,
each member of the commission will hold office for three (3) years and until
such member's successor is appointed and qualified. The term of office of
each member will commence July 1 in the year in which the member is
appointed. (Ord. 14-12, 2-20-2012)
2-11-8: VACANCIES: Vacancies occurring on the commission
through death, resignation, or permanent removal from the
commission will be filled by the mayor with the approval of the city council,
but such appointments will be made to fill out the unexpired term for which
the appointment is made. (Ord. 14-12, 2-20-2012)
2-11-9: OFFICERS/ORGANIZATION: The commission must choose
annually, at the first meeting of each calendar year, from its
own members, a chairperson and vice chairperson, each to serve a term of
one year. The commission must fill vacancies among its officers for the
remainder of the unexpired term. (Ord. 5-12, 2-6-2012)
2-11-10: MEETINGS:
A. Regular Meetings: The commission must meet not less than once
each quarter.
B. Special Meetings: Special meetings may be called by the chair-
person or at the written request of a majority of the commissioners.
C. Open Meetings: All meetings must be called and held in confor-
mance with the Iowa open meetings law.
April 2012
City of Dubuque
2-11-10 2-11-13
D. Attendance:
1. In the event a commissioner has been absent for three (3) or
more consecutive meetings of the commission, without being
excused by the chairperson, such absence will be grounds for the
commission to recommend to the city council that the position be
declared vacant and a replacement appointed.
2. Attendance must be entered in the meeting minutes.
E. Minutes: A copy of the minutes of all regular and special meetings of
the commission must be filed with the city council within ten (10)
working days after the next commission meeting.
F. Quorum: Four (4) members of the commission constitute a quorum
for the transaction of business. The affirmative vote of a majority of
the commissioners present and voting is necessary for the adoption
of any motion or resolution. (Ord. 5-12, 2-6-2012)
2-11-11: COMPENSATION: Commissioners serve without compensa-
tion, provided that they may receive reimbursement for
necessary travel and other expenses while on official commission business
within the limits established in the city administrative policies and budget.
(Ord. 5-12, 2-6-2012)
2-11-12: REMOVAL: The city council may remove any commissioner
as provided in the Iowa Code. (Ord. 5-12, 2-6-2012)
2-11-13: POWERS: The commission has the following powers, duties,
and responsibilities:
A. To assure that cable channels, equipment, and resources dedicated
and reserved for community programming are used effectively,
efficiently, and economically to afford subcommunities and
individuals of Dubuque the opportunity to express opinions and
provide information to cable users, and that such programming is
characterized by appropriateness, quality, and continuity; and
B. To assure full compliance with any franchises authorizing cable or
video service in the city, that the franchises be interpreted and
applied to the benefit of the city and its residents, that quality and
April 2012
City of Dubuque
2-11-13 2-11-13
updated services be delivered throughout the city, and that the
public interest be protected in all matters related to the cable
services delivery systems. (Ord. 5-12, 2-6-2012)
April 2012
City of Dubuque
5-1-10 5-1-14
2. Attendance must be entered upon the minutes of all meetings.
E. Minutes: A copy of the minutes of all regular and special meetings of
the board must be filed with the city council within ten (10) working
days after each meeting, or by the next regularly scheduled city
council meeting, whichever is later.
F. Quorum: Three (3) members of the board constitute a quorum for the
transaction of business. The affirmative vote of a majority of the
members present and voting is necessary for the adoption of any
motion or resolution. (Ord. 50-14, 7-21-2014)
5-1-11: COMPENSATION: Members serve without compensation,
provided that they may receive reimbursement for necessary
travel and other expenses while on official board business within the limits
established in the city administrative policies and budget. (Ord. 50-14,
7-21-2014)
5-1-12: REMOVAL: The city council may remove any member for
cause upon written charges and after a public hearing. (Ord.
50-14, 7-21-2014)
5-1-13: POWERS: The board has the following powers, duties, and
responsibilities:
A. Advise the city council on executing agreements and grants relating
to the transit system operation and the purchase of new equipment.
B. Advise the city council on rates, fares, or charges for the transporta-
tion of passengers and any incidental services and the rates or
charges to be made for advertising in buses or any other facility.
(Ord. 50-14, 7-21-2014)
5-1-14: FARE INCREASE OR REDUCTION IN SERVICE, PROCE-
DURE:
A. Definitions: The following words and phrases, when used in this title
shall, for the purpose of this title, have the meanings respectively
ascribed to them in this section:
January 2015
City of Dubuque
5-1-14 5-1-14
SUBSTANTIAL 1. Routes: Elimination of a route;
REDUCTION
IN SERVICE: 2. Service Hours: Reduction of ten percent
(10%) of service hours of a route;
3. Service Miles: Reduction of ten percent
(10%) of service miles of a route; and/or
4. Bus Stops: Elimination of one or more stops
on a route that would result in a greater than
one-fourth (1/4) mile walking distance between
bus stops.
B. Public Hearing: Prior to the adoption of any fare increase or a sub-
stantial reduction in service by the city council, the city council must
set a time and place for public hearing on such proposed fare
increase or reduction in service, and must cause a notice of the time
and place of such hearing to be published in a newspaper of general
circulation in the city not less than four (4) nor more than twenty (20)
days prior to such hearing. All notices must comply with all federal,
state, and local regulations.
C. Contents Of Notice: The notice must state the time and place of
hearing, include a summary of the proposed fare increase or reduc-
tion in service level, indicate who the increase or reduction will
affect, indicate the date the increase or reduction will take effect,
and request that interested persons comment, in writing filed with the
city clerk prior to the time of the public hearing or in person at the
public hearing, on the proposed increase or reduction. The notice
must also state that any comments submitted will be considered by
the city council, and that following the public hearing, the city council
will act to adopt, modify or reject the proposed fare increase or
reduction in service. All notices must comply with all federal, state,
and local regulations. (Ord. 60-14, 10-6-2014)
January 2015
City of Dubuque
6-6-8 6-6-8
Reasonable efforts should be made to obtain representation of both
tenant and landlord interests in the appointment process.
2. Upon completion of a term of office, a member shall continue to
serve in the member's full capacity until a successor has been duly
appointed.
3. Vacancies on the board caused by death, resignation or other
reason shall be promptly filled by the city council for the unexpired
term of office.
4. The board shall elect a chairperson and vice chairperson from its
members at the first regular meeting of each year.
May 2011
City of Dubuque
6-6-8 6-6-9
5. Members of the board shall be residents of the city and may not
be employed by the city.
D. Meetings:
1. The housing code appeals board shall meet at least quarterly and
at such other times as necessary in order to fulfill its purpose.
2. Members of the board shall attend at least two-thirds (2/3) of all
regularly scheduled and held meetings within a 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 the member be replaced. The attendance of all
members shall be entered upon the minutes of all meetings.
3. All meetings shall be held in conformance with the provisions of
the Iowa open meetings law.
4. The city manager shall serve as secretary to the board and shall
render all decisions and findings in writing to the appellant.
5. The city manager shall file with the city clerk a copy of the
minutes of each meeting of the board within ten (10) working days
after each such meeting.
E. Internal Organization And Rules: The housing code appeals board
may adopt rules and regulations to govern its organizational
procedures as it may deem necessary and which are not in conflict
with this chapter or other ordinances of the city.
F. Procedures For Operations: All administrative, personnel, account-
ing, budgetary and procurement policies of the city shall govern the
housing code appeals board in all of its operations. (2007 Code
§ 26-8)
6-6-9: PROCEDURE FOR HEARING APPEAL:
A. Application: Any person aggrieved by a notice and order of the city
manager issued in connection with any alleged violation of this
housing code or of any applicable rule or regulation issued pursuant
thereto, may apply to the housing code appeals board for a
reconsideration of such notice and order, provided such application
is made within fourteen (14) days of the date the notice and order
was issued. The application for reconsideration shall include the
following:
City of Dubuque
6-6-9 6-6-9
1. Name and address of appellants.
2. A brief statement setting forth the legal interest of each of the
appellants in the real or personal property used or intended to be
used for residential purposes identified in the notice and order.
3. A brief statement in ordinary and concise language of that specific
order or action protested, together with any material facts claimed to
support the contentions of the appellant.
4. A brief statement in ordinary and concise language of the relief
sought, and the reasons why it is claimed the protested order or
action should be reversed, modified or otherwise set aside.
5. The signatures of all parties named as appellants, and their
official mailing address.
B. Appeal Filing Fee: At the time of filing such an application for an
appeal, the appellant shall pay therewith a filing fee in an amount
specified by resolution of the city council.
If the appellant's appeal is granted by the appeals board, the fee
shall be fully refunded. If more than one appeal is requested on a
single property, the board shall refund the fee according to a pro rata
determination of appeals granted. This fee refund shall apply both
for variance and time extension requests.
C. Notice Of Hearing: Upon receipt of any application for reconsidera-
tion filed pursuant to this section, the city manager shall forward
same to the chairperson of the housing code appeals board. As soon
as practicable after receiving the application, the chairperson of the
housing code appeals board shall fix a date, time and place for the
hearing of the appeal. Such date shall be not less than thirty (30)
days nor more than sixty (60) days from the date the appeal was
received by the city manager unless the appellant agrees to an
earlier adjudication of the case. Written notice of the time and place
of the hearing shall be given at least ten (10) days prior to the date
of the hearing to each appellant either by causing a copy of such
notice to be personally delivered to the appellant or by mailing a
copy thereof to the appellant's address shown on the application.
D. Waiver: Failure of any person to file an application in accordance
with the provisions of this housing code shall constitute a waiver of
such person's right to an administrative hearing and adjudication of
the notice and order, or to any portion thereof.
City of Dubuque
8-2-1 8-2-3
SECTION:
8-2- 1:
8-2- 2:
8-2- 3:
8-2- 4:
8-2- 5:
8-2- 6:
8-2- 7:
8-2- 8:
8-2- 9:
8-2-10:
8-2-11:
8-2-12:
8-2-13:
8-2-14:
CHAPTER 2
HUMAN RIGHTS COMMISSION
Created
Composition
Appointment; Terms; Filling Of Vacancies
Officers
Compensation
Removal Of Members For Unexcused Absences
Rules
Meetings
Quorum
Records To Be Public; Exceptions
Confidentiality Of Complaints
Powers And Duties
City Policies Applicable To Commission Operations
Subpoenas
8-2-1: CREATED: There is hereby created a human rights
commission. (Ord. 18-09, 4-6-2009)
8-2-2: COMPOSITION: The human rights commission created by
this chapter shall consist of nine (9) members. (Ord. 18-09,
4-6-2009)
8-2-3: APPOINTMENT; TERMS; FILLING OF VACANCIES: The
human rights commission members shall be appointed by the
city council for terms of three (3) years each and shall serve thereafter until
a successor has been appointed. Vacancies shall be filled for the remainder
of the unexpired term. Appointments shall take into consideration the
various racial, religious, cultural and social groups of the city. (Ord. 18-09,
4-6-2009)
City of Dubuque
8-2-4 8-2-8
8-2-4: OFFICERS: The human rights commission created by this
chapter shall elect from its own membership, at its regular
March meeting, its chairperson and vice chairperson, each to serve a term
of one year. The chairperson shall appoint a secretary, who need not be a
member of the commission. The commission shall fill vacancies among its
officers for the remainder of the unexpired term. (Ord. 18-09, 4-6-2009)
8-2-5: COMPENSATION: The members of the human rights
commission created by this chapter shall serve without
compensation; provided, that they may receive reimbursement for
necessary travel and other expenses while on official commission business
and such shall be within the limits established in the city budget. (Ord.
18-09, 4-6-2009)
8-2-6: REMOVAL OF MEMBERS FOR UNEXCUSED ABSENCES:
In the event a member of the human rights commission
created by this chapter has been absent for three (3) or more consecutive
meetings without being excused by the chairperson, the commission by
majority vote may certify such fact to the city council and petition the city
council to declare a vacancy by reason of such unexcused absence and
appoint a successor to fill such vacancy. (Ord. 18-09, 4-6-2009)
8-2-7: RULES: The human rights commission created by this
chapter may adopt, amend, or rescind such rules as may be
necessary for the conduct of its business. (Ord. 18-09, 4-6-2009)
8-2-8: MEETINGS:
A. Regular Meetings: The human rights commission shall meet not less
than monthly on a regular basis.
B. Special Meetings; Notice: The chairperson, the vice chairperson, or
any three (3) members of the human rights commission may call a
special meeting by giving at least twenty four (24) hours' notice to
every other member of the commission. The call for a special
meeting shall include an agenda and only matters included in that
agenda may be acted on at the meeting.
City of Dubuque
8-2-8 8-2-12
C. Conformance With Open Meetings Law: All meetings of the human
rights commission shall be held in conformance with the Iowa open
meetings law'.
D. Attendance: Members of the human rights commission 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
commission to recommend to the city council that said member be
replaced. Attendance of all members shall be entered on the
minutes. (Ord. 18-09, 4-6-2009)
8-2-9: QUORUM: A quorum of the human rights commission shall
be five (5) 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. (Ord. 18-09, 4-6-2009)
8-2-10: RECORDS TO BE PUBLIC; EXCEPTIONS: All records of the
human rights commission shall be public except charges,
complaints, reports of investigations, statements, and other documents or
records obtained in investigation of any charges shall be closed records.
(Ord. 18-09, 4-6-2009)
8-2-11: CONFIDENTIALITY OF COMPLAINTS: No member of the
human rights commission or its staff shall disclose the filing of
a charge, the information gathered during the investigation, or the
endeavors to eliminate such discriminatory or unfair practice by conference,
conciliation, or persuasion unless such disclosure is made in connection
with the conduct of such investigation or after the commission has held a
public hearing upon a complaint filed in connection with such charge. This
section does not prevent any complainant, witness, or other person from
publicizing the filing of a charge or complaint or the matter therein
complained of. (Ord. 18-09, 4-6-2009)
8-2-12: POWERS AND DUTIES: The human rights commission
created by this chapter shall have the following powers and
duties:
1. IC§21.3.
City of Dubuque
8-2-12 8-2-12
A. To receive, investigate, and finally determine the merits of
complaints alleging unfair or discriminatory practices.
B. To investigate and study the existence, character, causes, and
extent of discrimination in public accommodations, employment,
apprenticeship programs, on the job training programs, vocational
schools, other educational institutions, and housing in the city and to
attempt the elimination of such discrimination by education and
conciliation.
C. To hold hearings upon any complaint made against a person, an
employer, an employment agency, a labor organization, or the
employees or members thereof, to subpoena witnesses and compel
their attendance at such hearings, to administer oaths and take the
testimony of any person under oath and to compel such person,
employer, employment agency, labor organization, or employees or
members thereof, to produce for examination any books and papers
relating to any matter involved in such complaint. The commission
shall issue subpoenas for witnesses in the same manner and for the
same purpose on behalf of the respondent upon the respondent's
request. Such hearings may be held by the commission, by any
commissioner, or by any hearing examiner appointed by the commis-
sion. If a witness either fails or refuses to obey a subpoena issued
by the commission, the commission may petition the district court
having jurisdiction for issuance of a subpoena and the court shall, in
a proper case, issue the subpoena. Refusal to obey such subpoena
shall be subject to punishment for contempt.
D. To issue such publication and reports of investigations and research
as in the judgment of the commission shall promote civil and
respectful behavior which shall tend to eliminate discrimination.
E. To prepare and transmit to the mayor and city council from time to
time, but not less often than once each year, reports describing its
proceedings, investigations, hearings conducted, and the outcome
thereof, decisions rendered, and the other work performed by the
commission.
F. To make recommendations to the city council concerning discrimina-
tion.
G. To cooperate, within the limits of any appropriations made for its
operation, with other agencies or organizations, both public and
private, whose purposes are consistent with those of this chapter, in
City of Dubuque
8-2-12 8-2-14
the planning and conducting of programs designed to eliminate
discrimination or cultural and intergroup tensions.
H. To adopt, publish, amend and rescind regulations consistent with
and necessary for the enforcement of this chapter.
To delegate any of its functions, duties and powers to its staff
including functions, duties and powers with respect to investigating,
conciliating, determining, certifying, reporting, or otherwise acting as
to any work, business, or matter under this title.
J. To receive, administer, dispense, and account for any restricted
funds that may be voluntarily contributed to the commission and any
grants that may be awarded the commission for furthering the
purposes of this title. No disbursements will be made of any
restricted funds without authority from the city council. (Ord. 18-09,
4-6-2009)
8-2-13: CITY POLICIES APPLICABLE TO COMMISSION
OPERATIONS: All administrative, personnel, accounting,
budgetary and procurement policies of the city shall govern the human
rights commission in all its operations. (Ord. 18-09, 4-6-2009)
8-2-14: SUBPOENAS: The human rights commission may issue
subpoenas and order discovery in aid of investigations under
this title. Such subpoenas and discovery may be ordered to the same
extent and subject to the same limitations as would apply for county
attorney subpoenas. (Ord. 18-09, 4-6-2009)
City of Dubuque
10-3E-1 10-3E-2
SECTION:
10-3E-1:
10-3E-2:
10-3E-3:
10-3E-4:
10-3E-5:
10-3E-6:
10-3E-7:
CHAPTER 3
ENCROACHMENTS ON PUBLIC PLACES
ARTICLE E. SIDEWALK CAFES
Definition
Authorization
Permit Requirements; Fee
Designated Area
Days And Hours Of Operation
Sound Equipment
Operation
10-3E-1: DEFINITION: "Sidewalk cafe" shall mean a group of tables,
chairs, barriers or partitions, trash containers and suitable
decorative devices maintained upon any part of the public right of way next
to a storefront used by an establishment with a valid food and drink permit
for the sale to the public of food, refreshments and beverages of all kinds.
(2007 Code § 41-179)
10-3E-2: AUTHORIZATION:
A. A sidewalk cafe in the public right of way may be operated only as
set forth in this article.
B. A sidewalk cafe in the public right of way shall be permitted only in
districts zoned C-4 downtown commercial district, C-5 business
district or OC office commercial district or in the Port of Dubuque
PUD district.
C. The sidewalk cafe area must be contiguous with a side of a building
wherein a restaurant or food service establishment is located.
City of Dubuque
10-3E-2 10-3E-3
D. Only restaurants or retail businesses where more than fifty percent
(50%) of the business conducted on the premises is the sale or
dispensing of food or retail items may request permission to operate
a sidewalk cafe. The phrase "business conducted on the premises"
shall mean the total business revenue generated on the premises
during the previous calendar year. (2007 Code § 41-180)
10-3E-3: PERMIT REQUIREMENTS; FEE:
A. Permit Required; Application; Fee: No restaurant owner shall operate
a sidewalk cafe in the public right of way without a permit therefor.
The restaurant owner shall file an application with the city manager
on a form provided by the city manager. The owner shall agree to
abide by all state and local laws governing use of the public right of
way. The application for a new permit shall include the location of all
trees, poles, benches, grating and other amenities or obstructions in
the right of way, and the location of any proposed furniture or
equipment. The application shall be accompanied by a photograph or
detailed renderings of the sidewalk cafe area and all proposed
tables, chairs, barriers or other furniture or equipment. The applicant
shall pay a fee established by the city manager. The permit shall be
for one 12 -month period from the date of issuance of the permit.
B. Revocation Of Permit; Notice; Causes: The city manager may revoke
a sidewalk cafe permit upon written notice to the restaurant owner
for a violation of the conditions of the permit and after a reasonable
opportunity for the restaurant owner to remedy the violation has
expired. Grounds for termination of the permit include, but are not
limited to: 1) a violation of state liquor control laws; 2) a violation of
this code including this article; or 3) the creation of a safety hazard,
health hazard or public nuisance. The city manager may also
terminate the permit if the city manager determines there is a
substantial and reasonable need for use of the public right of way
where the sidewalk cafe area is located for a valid public purpose.
C. Certificate Of Insurance: The restaurant owner shall provide a
certificate of insurance with coverage satisfactory to the city
manager and shall agree to hold the city, its officers and employees
harmless from and against any and all claims of any kind arising out
of the use of the public right of way. (2007 Code § 41-181)
City of Dubuque
10-5A-1 10-5A-2
SECTION:
10-5A-1:
10-5A-2:
CHAPTER 5
PARKS AND RECREATION
ARTICLE A. ADMINISTRATION
Park Rangers
Park And Recreation Advisory Commission
10-5A-1: PARK RANGERS: Employees assigned duties from time to
time as park rangers in the leisure services department are
designated as law enforcement officers subject to the certification of the
successful completion of training at an approved law training facility. (Ord.
54-06, 7-5-2006)
10-5A-2: PARK AND RECREATION ADVISORY COMMISSION:
A. Commission Created: There is hereby created a park and recreation
advisory commission to have such powers and responsibilities as
hereinafter provided. (Ord. 54-06, 7-5-2006)
B. Purpose: The purpose of the commission is to:
1. Contribute to the general beautification of the city and assist in
providing facilities for active and passive recreation through land-
scaping and maintaining park land, parkways, trails, open spaces,
and facilities; and
2. Provide year round opportunities for organized recreation activities
for residents of all ages and social groups.
C. Powers: The responsibilities of the commission are to advise the city
council on:
1. Use Of Grounds And Facilities: The establishment of rules and
regulations governing the use of all grounds and facilities that have
March 2014
City of Dubuque
10-5A-2 10-5A-2
been or may be set aside as public parks, playgrounds, trails, open
spaces, and other such park and recreation facilities and grounds.
Such rules and regulations shall include, but are not limited to:
a. Opening and closing hours for the use of all parks, parkways,
trails, open spaces, and recreation facilities by the general public.
b. Establishment of fees, including the issuance of permits for
public use of all parks, parkways, trails, open spaces, and recreation
facilities.
2. Recreational Programs: The establishment of rules and regula-
tions for all recreational programs provided by the city, including the
establishment of fees for participation by the public in such activities.
(Ord. 11-14, 2-3-2014)
D. Cooperation With Other Agencies: In the conduct and operation of
recreation grounds and recreation programs, the commission shall
cooperate with the Dubuque community school district, Holy Family
school system and all other groups interested in the promotion and
implementation of recreational activities which are in the best
interest of the city.
E. Solicitation And Acceptance Of Donations: The commission may
solicit donations and gifts of money, personal and real property and
personal services. All such donations and gifts shall become the
property of the city for the general support of park and recreation
programs of the city unless such items have been designated by the
donors for specific purposes.
F. Membership, Appointment:
1. Membership; Quorum: The commission shall comprise seven (7)
persons who shall be appointed by the city council for terms of three
(3) years. Four (4) members of the commission shall constitute a
quorum for the transaction of business.
2. Terms: The expiration date for all terms of office shall be June 30
of the appropriate year.
G. Attendance:
1. Attendance Entered Upon Minutes: The attendance of all commis-
sion members shall be entered upon the minutes of all meetings by
the secretary.
March 2014
City of Dubuque
10-5B-1 10-5B-1
SECTION:
10-5B- 1:
10-5B- 2:
10-5B- 3:
10-5B- 4:
10-5B- 5:
10-5B- 6:
10-5B- 7:
10-5B- 8:
10-5B- 9:
10-5B-10:
10-5B-11:
10-5B-12:
10-5B-13:
10-5B-14:
10-5B-15:
10-5B-16:
10-5B-17:
10-5B-18:
10-5B-19:
10-5B-20:
10-5B-21:
10-5B-22:
10-5B-23:
10-5B-1:
AT LARGE:
CAT:
CHAPTER 5
PARKS AND RECREATION
ARTICLE B. USE REGULATIONS
Definitions
Intoxicating Beverages
Horsedrawn Vehicles, Riding Of Animals Restricted
Dogs, Cats And Other Domestic Animals
Walking On Grass
Throwing Stones Or Other Missiles
Interfering With Animals
Unlawful Deposits
Obstructions
Posting Bills, Notices Or Signs
Sales Restricted
Possession Of Firearms, Weapons And Fireworks
Climbing On Fences, Roofs
Moving Benches And Tables
Use Of Spotlights, Searchlights
Meetings And Gatherings
Fires
Loosening Stones From Bluffs Prohibited
Washing Vehicles
Compliance With Motor Vehicle Laws, Ordinances
Removal Of Unattended Vehicles Left After Closing Hours
Open Season And Hours Generally
Sledding And Other Snow Activities Prohibited
DEFINITIONS: As used in this article, the following terms
shall have the following meanings:
Any dog, cat or livestock, fowl or ferret found off
the premises of the owner or keeper.
Both male and female animals in the family
Felis catus whether neutered or not.
City of Dubuque
June 2015
10-5B-1 10-5B-1
CITY MANAGER: City manager or city manager's designee.
COMMISSION OR
THE COMMISSION:
DOG:
DOMESTICATED
ANIMAL:
KEEPER:
LEISURE SERVICES
MANAGER:
MULTIPURPOSE USE
TRAIL OR TRAILS:
OPEN SPACES:
OWNER:
PARKS OR
PARKWAYS:
June 2015
The park and recreation advisory commission.
Both male and female animals of the canine
species whether neutered or not, but not includ-
ing a law enforcement dog.
An animal commonly referred to as a bovine,
swine, sheep, goat, domesticated deer, llama,
poultry, rabbit, horse, pony, mule, jenny,
donkey, or hinny.
A person other than the owner keeping, shelter-
ing, having control or custody of or harboring an
animal.
Leisure services manager or leisure services
manager's designee.
A hardened trail of asphalt, concrete or other
impervious surface, typically ten (10) to twelve
feet (12') wide and physically separated from
the motorized vehicular traffic by an open space
or barrier and either within highway public right
of way or private property within an independent
alignment for use by pedestrians, skaters,
joggers, bicyclists, and city maintenance
vehicles.
Open spaces available to the public for passive
recreational use in and adjacent to the city,
which are under the responsibility of the com-
mission.
A person owning a cat, dog, or other animal.
Parks, parkways, buildings, park roads or drive-
ways, and all public service facilities or grounds,
buildings and structures in and adjacent to the
city, which are under the responsibility of the
commission. (Ord. 42-13, 8-5-2013)
City of Dubuque
10-5B-22 10-5B-23
Washington Park
Welu Park
Westbrook Park (Ord. 11-14, 2-3-2014)
I. Miller -Riverview Park shall be open for use by the public from seven
o'clock (7:00) A.M. until ten o'clock (10:00) P.M. daily, and only
registered campers shall be permitted in the area at all other hours.
(Ord. 54-06, 7-5-2006)
J. The city manager or authorized representative shall have the
authority to close any or all parks, parkways, trails, open spaces,
park and recreation facilities, park roadways and park parking lots
before scheduled closing hours at times it is deemed necessary in
the interest and safety of the public. (Ord. 11-14, 2-3-2014)
K. The following parks shall be open for use by the public twenty four
(24) hours per day:
Alliant Energy Amphitheater
American Trust River's Edge Plaza
Mississippi Riverwalk (Ord. 54-06, 7-5-2006)
10-5B-23: SLEDDING AND OTHER SNOW ACTIVITIES PROHIBITED:
No person may sled or engage in any other snow activity,
including, but not limited to, downhill skiing, snowboarding, tobogganing, or
any other means of descending a hill on snow or ice, in any city park or on
any city property except in areas designated by the city manager in the fol-
lowing parks, subject to all rules posted for such sledding or snow activities:
Allison -Henderson Park, daylight hours only.
Bunker Hill Golf Course, daylight hours only.
Comiskey Park, daylight hours only.
Falk Park, daylight hours only.
Flat Iron Park, daylight hours only.
Gay Park, daylight hours only.
Grant Park, daylight hours only.
Hillcrest Park, daylight hours only.
June 2015
City of Dubuque
10-5B-23 10-5B-23
Orange Park, daylight hours only.
Pinard Park, daylight hours only.
Usha Park, daylight hours only.
Valentine Park, daylight hours only.
Washington Park, daylight hours only.
Riding inner tubes in a park or on any public property is prohibited at all
times. (Ord. 11-15, 2-16-2015)
June 2015
City of Dubuque
TITLE 9 (cont.)
Impoundment Of Vehicles 15
Miscellaneous City Provisions 16
TITLE 10
Public Ways And Property
Streets, Sidewalks And Other
Public Places 1
Excavations 2
Encroachments On Public
Places 3
Waste Collection Receptacles 3A
Newsracks 3B
Projecting Signs 3C
Other Encroachments 3D
Sidewalk Cafes 3E
Mailboxes 3F
Parades, Assemblies And
Special Events 4
Parks And Recreation 5
Administration 5A
Use Regulations 5B
Specific Parks, Open Spaces
And Trails 5C
Railroads 6
Boats, Boating And Waterfront
Structures 7
Valet Drop Off Parking;
Permit Requirements 8
TITLE 11
Rights Of Way
Nonfranchised Communications
Systems
Cable Right Of Way Regulations
Cable Communications
Open Video Systems
Cable Television
Cable Franchise Agreement .
Community Teleprogramming
Commission (Rep. by
Ord. 5-12, 2-6-2012) 3B
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 And Light
Company 5A
Maquoketa Valley Electric
Cooperative 5B
Procedure For Licensing
Electric Transmission
Line Companies 6
TITLE 12
Airport
Administration And Enforcement 1
General Regulations 2
Airport Zoning Regulations 3
Airport Commission 4
Airport Zoning Commission 5
Airport Zoning Board Of
Adjustment 6
TITLE 13
Public Utilities
Water Use And Service 1
Connections 1A
Water Meters 1B
1 Rates 10
.. 2 Cross Connection Control 1D
2A Sewers And Sewage Disposal .. 2
2B Discharge Regulations 2A
3 Private Disposal Systems;
3A Private Haulers 2B
June 2015
City of Dubuque
TITLE 13 (cont.)
Rates 2C
Industrial Pretreatment
Program 2D
Fats, Oils And Greases
(FOG) Program 2E
Gas Main Connections 3
Stormwater Management 4
Illicit Connections And
Discharges To Storm Sewer
System 5
Solid Waste 6
City Or Private Collection
Service 6A
TITLE 14
Building And Development
Building Codes 1
Building Code And Regulations 1A
Residential Code 1B
Energy Conservation Code ... 10
Electrical Code 1D
Fire Code And Regulations .. 1 E
Mechanical Code 1F
Fuel Gas Code 1G
Plumbing Code 1H
Accessibility Code For Readily
Achievable Changes 11
Building Construction, Demoli-
tion And Moving
Dangerous Buildings
Licensing Of Vacant And/Or
Abandoned Buildings
Historic Buildings
Historic Preservation (Rep. by
Ord. 52-09, 10-19-2009)
Condominium Conversions And
Transfers To Multiple
Housing Cooperative
Exterior Storage Containers
And Storage Trailers 8
Swimming Pools 9
Signs (Rep. by Ord. 52-09,
10-19-2009) 10
Flood Areas 11
Erosion And Sediment Control . 12
Solar Thermal Licenses 13
Solar Thermal System Permits
And Inspections 14
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 H. LAND USE REGULATIONS
Land Use General Provisions . 3
Nonconformities 4
Zoning Districts 5
2 Overlay Districts 6
3 Supplemental Use Regulations 7
Zoning Board Of Adjustment
4 Applications And Procedures . 8
5 Zoning Advisory Commission
Applications And Procedures . 9
6 Historic Preservation Commission
Applications And Procedures ... 10
7 PART III. LAND DEVELOPMENT
June 2015
REGULATIONS
Land Subdivision 11
City of Dubuque
TITLE 16 (cont)
Site Plans 12
Site Design Standards 13
Parking 14
Signs 15
INDEX
City of Dubuque
November 2014
TITLE 14
BUILDING AND DEVELOPMENT
Subject Chapter
Building Codes 1
Building Code And Regulations 1A
Residential Code 1B
Energy Conservation Code 1C
Electrical Code 1D
Fire Code And Regulations 1 E
Mechanical Code 1F
Fuel Gas Code 1G
Plumbing Code 1H
Accessibility Code For Readily Achievable
Changes 11
Building Construction, Demolition And Moving 2
Dangerous Buildings 3
Licensing Of Vacant And/Or Abandoned Buildings 4
Historic Buildings 5
Historic Preservation (Rep. by Ord. 52-09,
10-19-2009) 6
Condominium Conversions And Transfers To
Multiple Housing Cooperative 7
Exterior Storage Containers And Storage Trailers 8
Swimming Pools 9
Signs (Rep. by Ord. 52-09, 10-19-2009) 10
Flood Areas 11
Erosion And Sediment Control 12
Solar Thermal Licenses 13
Solar Thermal System Permits And Inspections . 14
May 2011
City of Dubuque
14-1A-1 14-1A-2
CHAPTER 1
BUILDING CODES
ARTICLE A. BUILDING CODE AND REGULATIONS
SECTION:
14-1A-1: International Building Code Adopted
14-1A-2: International Building Code Amendments
14-1A-3: Permit Issuance Prohibited During Consideration Of Zoning
Reclassification Or Zoning Or Subdivision Text Amendments
14-1A-4: Demolition Permits In Conservation Districts
14-1A-5: Exterior Security And Appearance Of Buildings
14-1A-1: INTERNATIONAL BUILDING CODE ADOPTED: Except as
hereinafter added to, deleted, modified, or amended, there is
hereby adopted by reference as the building code of the city that certain
building code known as the international building code, 2012 edition, and as
published by the International Code Council, Inc., and the provisions of
such building code shall be controlling in the construction of buildings and
other structures and in all matters covered by such building code within the
corporate limits of the city and shall be known as the "Dubuque building
code". A copy of the international building code, 2012 edition, as adopted,
shall be on file in the office of the city clerk for public inspection. (Ord.
39-13, 7-15-2013)
14-1A-2: INTERNATIONAL BUILDING CODE AMENDMENTS: The
following additions, deletions, modifications, or amendments
of the international building code, 2012 edition, adopted in section 14-1A-1
of this article to read as follows:
Sec. 101.2. Scope.
The provisions of this code shall apply to the construction, alteration,
moving, demolition, repair, maintenance and use of any building or
structure within this jurisdiction, except work located primarily in a
November 2013
City of Dubuque
14-1A-2 14-1A-2
public way, public utility towers and poles, mechanical equipment not
specifically regulated in this code, and hydraulic flood control struc-
tures.
For additions, alterations, moving and maintenance of buildings and
structures, see chapter 34 of the international building code. For
temporary buildings and structures, see section 3103 of the inter-
national building code.
Historic Buildings. Repairs, alterations and additions necessary for
the preservation, restoration, rehabilitation, continued use or change
of use of a historic building may be made in compliance with the
provisions of the 1997 edition of the uniform code for building con-
servation (UCBC) or title 14, chapter 5 of the city of Dubuque code
of ordinances.
Where, in any specific case, different sections of this code specify
different materials, methods of construction or other requirements,
the most restrictive shall govern. Where there is a conflict between a
general requirement and a specific requirement, the specific require-
ment shall be applicable.
Wherever in this code reference is made to the appendix, the provi-
sions in the appendix shall not apply unless specifically adopted.
Sec. 101.4.4. Property Maintenance.
The provisions of the international property maintenance code,
excluding appendix A, shall apply to existing structures and prem-
ises; equipment and facilities; light, ventilation, space heating,
sanitation, life, and fire safety hazards; responsibilities of owners,
operators, and occupants; and occupancy of existing premises and
structures.
Sec. 105.5. Expiration.
Every permit issued shall become invalid unless the work on the site
authorized by such permit is completed within one year after its
issuance, unless the building is part of a project which, because of
its complexity or proportions, will require more time, in which
instance the building official may grant permits for the project in
phases. The building official is authorized to grant, in writing and for
justifiable cause, a renewal of a permit for two (2) successive
periods of ninety (90) days, for a period not to exceed one -hundred
November 2013
City of Dubuque
14-1A-5 14-1A-5
or city manager's designee for the temporarily boarded windows and
doors. A temporary permit may be issued upon submission of a
satisfactory plan to the city manager or city manager's designee
which outlines bringing the windows and doors into compliance with
this section. "Temporary" for purposes of this section means less
than ninety (90) days. One extension of thirty (30) days may be
granted by the city manager or city manager's designee. Further
extensions may be granted at the discretion of the city manager.
D. Appeal Rights:
1. A property owner aggrieved or adversely affected by a decision of
the city manager's designee under this section may apply to the city
manager for review of such decision by filing a written notice of
appeal with the city manager within thirty (30) days of the date of the
decision appealed from. The notice of appeal must include the
following:
a. Name and address of person appealing (appellant).
b. A brief statement in ordinary and concise language of the
decision appealed from, together with any material facts claimed to
support the contentions of the appellant.
c. A brief statement in ordinary and concise language of the
relief sought, and the reasons why it is claimed the protested
decision appealed from should be reversed or modified.
d. The signatures of all parties named as persons appealing and
their official mailing address.
2. The city manager shall review the decision appealed from and any
information provided by the appellant and issue a written decision
within thirty (30) days of receipt of the notice of appeal. The decision
shall be mailed to the appellant. The city manager may affirm,
reverse, or modify the decision of the city manager's designee.
E. Inventory And Review: An inventory of buildings with boarded up
windows and doors shall be completed by December 31, 2010, and
maintained by the city manager. The inventory shall be updated
every twenty four (24) months and provided for review to the city
council.
F. Historic Preservation Requirements: None of the provisions of this
section shall be interpreted to reduce or modify the requirements for
May 2011
City of Dubuque
14-1A-5 14-1A-5
review and approval by the historic preservation commission
required under the code of ordinances for properties located within a
historic preservation or conservation district. (Ord. 16-11, 2-22-2011)
May 2011
City of Dubuque
14-1D-3 14-1D-3
4. Attendance:
a. In the event a member of the board has been absent for three
(3) or more consecutive meetings of the board, without being
excused by the chairperson, such absence will be grounds for the
board to recommend to the city council that the position be declared
vacant and a replacement appointed.
b. Attendance must be entered upon the minutes of all meetings.
5. Minutes: A copy of the minutes of all regular and special meetings
of the board must be filed with the city council within ten (10)
working days after each meeting, or by the next regularly scheduled
city council meeting, whichever is later.
6. Quorum: Four (4) members of the board constitute a quorum for
the transaction of business. The affirmative vote of a majority of the
members present and voting is necessary for the adoption of any
motion or resolution.
K. Compensation: Members serve without compensation, provided that
they may receive reimbursement for necessary travel and other
expenses while on official board business within the limits estab-
lished in the city administrative policies and budget.
L. Removal: The city council may remove any member for cause upon
written charges and after a public hearing.
M. Powers: The board has the following powers, duties, and responsi-
bilities:
1. Any person who is aggrieved by a decision of the building official
on any requirements resulting from the enforcement of this code may
appeal from such decision to the board and the board will serve as
an appeal board. In case the aggrieved party is a member of the
board, that member is disqualified as a member of the board acting
as an appeal board until the appeal has been heard and a decision
rendered.
The appeal must be made by the person aggrieved giving written
notice of such appeal to the building official within seven (7) days of
receipt of the decision from which the appeal is taken. The board,
sitting as an appeal board, must meet within ten (10) business days
after receiving such notice and render a decision within five (5)
June 2015
City of Dubuque
14-1D-3 14-1D-3
business days after the hearing. The decision of the board is final
unless appealed to the district court as provided by law.
The board, after hearing an appeal, has the authority to:
a. Uphold Decision: Uphold the decision of the building official.
b. Reverse/Modify Decision: Reverse or modify the decision of
the building official but only on finding that the building official
incorrectly interpreted the provision of this code.
c. Limitations Of Authority: The board has no authority to
interpret the administrative provisions of this code nor is the board
empowered to waive any requirements of this code. In modifying or
reversing a decision of the building official, the board may authorize
an alternative material or method of construction, provided the board
finds the proposed material or method of construction is satisfactory
for the use intended and complies with the provisions of this code
and that the material or method is, for the purpose intended, at least
equivalent to that prescribed by this code in suitability, strength,
effectiveness, durability, and safety.
All appeals must be conducted in accordance with the procedures
specified in this code. (Ord. 4-15, 1-5-2015)
June 2015
City of Dubuque
14-2-3 14-2-4
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 due cause for the city manager to order all
barricades or fences removed and the public property returned to
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, on the basis of incorrect
information supplied, failure to comply with permit conditions, or 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 FOR CONSTRUCTION OR OTHER WORK
ON CERTAIN STREETS, AREAS OR FACILITIES:
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, 2015, except where a vested right to
the issuance of such permit accrued prior to the effective date
hereof.
November 2014
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, 2015, except where a vested right to the
issuance of such permit accrued prior to the effective date hereof.
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, 2015, except where a vested right
to the issuance of such permit accrued prior to the effective date
hereof. (Ord. 38-14, 6-16-2014)
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 2014
City of Dubuque
16-5-21 16-5-21-4
16-5-21: AG AGRICULTURE: The AG district is intended to conserve
farmland for agricultural purposes and to serve as a "holding"
zone to prevent the premature development of large land acreages and of
recently annexed land for which the most appropriate future use has not yet
been determined. (Ord. 52-09, 10-19-2009)
16-5-21-1: PROHIBITED USES: The following uses are prohibited in the
AG district:
Feedlot.
Livestock confinement operation. (Ord. 52-09, 10-19-2009)
16-5-21-2: PRINCIPAL PERMITTED USES: The following uses are
permitted in the AG district:
Farming and agriculture, including the raising of field crops and
livestock, horticulture, forestry, animal husbandry, and similar
farming activities.
Noncommercial nursery.
Railroad or public or quasi -public utility, including substation. (Ord.
52-09, 10-19-2009)
16-5-21-3: CONDITIONAL USES: The following conditional uses may be
permitted in the AG district, subject to the provisions of
section 16-8-5 of this title:
Kennel.
Retail sale of agricultural products.
Wind energy conversion system.
Winery. (Ord. 52-09, 10-19-2009)
16-5-21-4: ACCESSORY USES: The following uses may be permitted as
accessory uses as provided in section 16-3-7 of this title:
Barbed wire or electric fences when used for livestock containment.
City of Dubuque
16-5-21-4 16-5-21-8
Barn, shed or similar structure.
Seasonal sale of produce grown on site.
Single-family detached dwelling, provided it is located on a lot of ten
(10) acres or more and is incidental and subordinate to an active
agricultural use it serves.
Wind turbine (building mounted). (Ord. 52-09, 10-19-2009)
16-5-21-5: 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)
16-5-21-6: PARKING: Minimum parking requirements shall be regulated
in conformance with the provisions of chapter 14 of this title.
(Ord. 52-09, 10-19-2009)
16-5-21-7: SIGNS: Signs shall be regulated in conformance with the
provisions of chapter 15 of this title. (Ord. 52-09, 10-19-2009)
16-5-21-8: BULK REGULATIONS: Reserved for future use.
(Ord. 52-09, 10-19-2009)
City of Dubuque
16-8-5-10 16-8-5-10
B. Such use shall be owned and maintained by the property owner of
the residential use it serves;
C. Such use shall be designed, constructed and maintained in
harmony with the residential setting in which it is located;
D. No such use shall exceed seven hundred twenty (720) square
feet of floor area per dwelling unit served, or have a height in excess
of fifteen feet (15');
E. No commercial storage, sales or home based business shall be
permitted within such structure;
F. No outside storage shall be permitted in conjunction with such
use; and
G. A site plan shall be submitted and approved as provided in
chapter 12 of this title.
Off street parking. The off street parking of operable automobiles may be
allowed in the R-1, R-2, R -2A, R-3, R-4, C-4, OR, OS, and OC districts in
accordance with the following conditions:
A. The off street parking shall only serve an abutting permitted or
conditional use on a lot located in any district except C-4. Off street
parking, when located in the C-4 district, shall only serve an abutting
permitted or conditional use on a lot located within the C-4 district;
B. No structure other than a screening or security fence or wall shall
be erected on the premises;
C. Signage shall be limited to one freestanding sign of no more than
six (6) square feet in size per drive opening, identifying the parking
use, providing directions or marking entrances and exits thereto;
D. A site plan shall be submitted and approved as provided in
chapter 12 of this title;
E. Such use shall be compatible in design, construction and
maintenance with the residential setting in which it is located; and
F. No outside storage shall be permitted in conjunction with such
use.
City of Dubuque
16-8-5-10 16-8-5-10
G. Within the OC district, the off street parking shall only serve an
abutting permitted or conditional use on a lot located in the OC
district. Signs within the OC district may be no more than eight (8)
square feet in size.
Outdoor recreation or outdoor amusement center. An outdoor recreation
facility or outdoor amusement center may be allowed in the C-3 district in
accordance with the following conditions:
A. The hours of operation shall be limited, eight o'clock (8:00) A.M.
to twelve o'clock (12:00) midnight, unless further limited by the
zoning board of adjustment.
Passenger transfer facility. A passenger transfer facility may be allowed in
the C-2, C-3, C-4, and C-5 districts in accordance with the following
conditions:
A. Such facility shall provide for the loading and unloading of
passengers so as not to obstruct public streets or alleys or create
traffic or safety hazards; and
B. That adequate indoor waiting area is provided.
Pet daycare or grooming. A pet daycare may be allowed in the C-2 and
C -2A districts in accordance with the following conditions:
A. All operations and activities shall be conducted within a
completely enclosed building.
Photographic studio. A photographic studio may be allowed in the OR
district in accordance with the conditions established by the zoning board of
adjustment.
Private club. A private club may be allowed in the OR, OS, and OC districts
in accordance with the conditions established by the zoning board of
adjustment.
Recreational use. Recreational uses may be allowed in the POS district in
accordance with the following conditions:
A. The use shall not be of a nature which would attract Targe
numbers of participants requiring the provisions of off street parking;
and
B. The use may provide permanent equipment or facilities.
City of Dubuque
16-8-5-10 16-8-5-10
Residential use. A residential use may be allowed in the HI, MHI and LI
districts in accordance with the following conditions:
A. The building in which the residential use is to be located contains
no existing industrial use and will be prohibited from having an
industrial use as long as the residential use is active; and
B. A minimum of six hundred fifty (650) square feet of area be
provided for each unit.
Residential wind energy conversion system. A residential wind energy
conversion system may be allowed in a residential or office district in
accordance with the requirements established in section 16-7-3 of this title.
Restaurant. A restaurant may be allowed in the OC district in accordance
with the following conditions:
A. Carryout items shall not be dispensed through any drive-through
or walk-up window;
B. Any outdoor seating shall be accessory to the indoor operation;
and
C. Opaque screening shall be provided for adjacent first floor
residential uses in conformance with the landscaping requirements
of chapter 13 of this title.
Restaurant, drive-in or carryout:
A. A drive-in/carryout restaurant may be allowed in the CR district in
accordance with the conditions established by the zoning board of
adjustment.
B. A drive-in/carryout restaurant may be allowed in the C-2 and C-4
districts in accordance with the following conditions:
1. Opaque screening shall be provided for adjacent residential
uses in conformance with the landscaping requirements of
chapter 13 of this title.
Retail sale of agricultural products. The retail sale of agricultural products
may be allowed in the AG district in accordance with the conditions
established by the zoning board of adjustment.
City of Dubuque
16-8-5-10 16-8-5-10
Retail sales and service. A retail sales and service use may be allowed in
the HI district in accordance with the following conditions:
A. Retail sales and service activities shall not be permitted in an
area where parking and pedestrian traffic is likely to conflict with on
site or adjacent industrial users; and
B. If located within an actively used industrial building, the retail use
is fully separated from any industrial uses.
Rooming or boarding house. A rooming/boarding house may be allowed in
the R-3, R-4, and OR districts in accordance with the following conditions:
A. The house provides an on site resident manager; and
B. The number of units shall be determined by the zoning board of
adjustment.
Small wind energy conversion system. A small wind energy conversion
system may be allowed in a commercial, industrial, agricultural, planned
unit development, or institutional district in accordance with the
requirements established in section 16-7-3 of this title.
Tour home. A tour home may be allowed in the R-1, R-2, R -2A, R-3, R-4,
OR, and OC districts in accordance with the following conditions:
A. The structure is either regulated by chapter 10 of this title or listed
in the national register of historic places; and
B. Signage shall be limited to one wall mounted sign, not to exceed
six (6) square feet in area, not internally illuminated, and with direct
lighting only with a cutoff type luminaire.
Tourist home. A tourist home may be allowed in the R-1, R-2, R -2A, R-3,
R-4, and OR districts in accordance with the following conditions:
A. Signs shall not be permitted; and
B. Maximum occupancy of two (2) persons per bedroom.
Vehicle body shop. A vehicle repair/body shop may be allowed in the C-4
district in accordance with the conditions established by the zoning board of
adjustment.
City of Dubuque
16-8-5-10 16-8-6-2
Vehicle sales or rental. A vehicle sales or rental facility may be allowed in
the C-4 district in accordance with the conditions established by the zoning
board of adjustment.
Vehicle service or repair. A vehicle service or repair facility may be allowed
in the C-4 district in accordance with the conditions established by the
zoning board of adjustment.
Winery. A winery may be allowed in the AG district in accordance with the
conditions established by the zoning board of adjustment. (Ord. 52-09,
10-19-2009; amd. Ord. 47-14, 7-21-2014)
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 deliver-
ing the completed application form to the planning services depart-
ment 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 appli-
cation 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
November 2014
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 circum-
stances 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 dis-
advantage 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 finan-
cial loss 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
November 2014
City of Dubuque
16-8-6-4 16-8-7-2
proposed variance upon the neighborhood or the public welfare, or to carry
out the general purposes and intent of the provision waived. Violation of
such conditions and restrictions, when made a part of the terms under
which a variance is granted, shall be deemed a violation of this title. (Ord.
52-09, 10-19-2009)
16-8-6-5: DECISIONS AND RECORDS: The board shall render a
written decision on an application for a variance after the
close of the meeting. The decision of the board shall contain specific
findings of fact supporting the granting or denial of the variance and shall
clearly set forth any conditions or restrictions imposed. The board shall
maintain complete records of all action with respect to applications for a
variance. (Ord. 52-09, 10-19-2009)
16-8-7: SPECIAL EXCEPTIONS:
16-8-7-1: APPLICATION: Any person owning property used solely for
residential purposes may apply for a special exception from
the literal enforcement of the bulk regulation requirements for the property
or structure involved. All applications for a special exception shall be made
on the official form for such applications which shall be available without
cost from the planning services department. The applicant shall be required
to supply all pertinent items of information contained on the official
application form as a condition to review of such application. Review of the
application for a special exception may be obtained by delivering the
completed application form to the planning services department together
with payment of the required fee. Upon receipt of the completed forms and
the required fee, the planning services department shall forthwith transmit a
copy of the completed form to the board, retaining the original form as part
of the planning services department's permanent records. Prior to its
review, the board may require the applicant for a special exception to
supply any further information beyond that contained in the application form
where it reasonably considers such information necessary to make the
determination. (Ord. 52-09, 10-19-2009)
16-8-7-2: NOTICE AND MEETING REQUIREMENTS: Following
receipt of a completed application the board shall, with due
diligence, consider such application at a public meeting. The board shall
direct and require verification that the applicant, or their agent has sent
notice of the time and place of the meeting by first class mail to all owners
City of Dubuque
16-8-7-2 16-8-7-4
of property abutting the property for which the special exception is sought,
including property directly across the street. At the public meeting, all
interested parties shall be afforded a reasonable opportunity to appear and
express their views on the application, either in person or by agent. A
record of such meeting shall be entered into the minutes of the board. (Ord.
52-09, 10-19-2009)
16-8-7-3: REQUIREMENTS FOR GRANTING SPECIAL EXCEPTION:
The board shall grant a special exception when the applicant
has shown that the following standards have been met or are not
applicable:
A. That the specific proposed exception will not be detrimental to or
endanger public health, safety, comfort or general welfare.
B. That the specific proposed exception will not be injurious to the use
and enjoyment of other property in the immediate vicinity for the
purposes already permitted, and will not substantially diminish and
impair property values within the neighborhood.
C. That establishment of the specific proposed exception will not
impede the normal and orderly development and improvement of the
surrounding property for uses permitted in the zone in which such
property is located.
D. That adequate utilities, access roads, drainage and other necessary
facilities are being provided.
E. That, except for the specific exception being proposed, any structure
shall in all other respects conform to the applicable regulations or
standards of the zone in which it is to be located. (Ord. 52-09,
10-19-2009)
16-8-7-4: CONDITIONS AND RESTRICTIONS ATTACHED TO
GRANTING SPECIAL EXCEPTION: In granting a special
exception, the board may impose any conditions or restrictions it
reasonably considers necessary to ensure full compliance with the
standards of this title, to reduce or eliminate any detrimental effect of the
proposed special exception on the neighborhood or the public welfare, or to
carry out the general purpose and intent of this title. Violation of such
conditions and restrictions, when made a part of the terms under which a
City of Dubuque
16-8-7-4 16-8-8
special exception is granted, shall be deemed a violation of this title. (Ord.
52-09, 10-19-2009)
16-8-7-5: DECISIONS AND RECORDS: The board shall render a
written decision on an application for a special exception after
the close of the public meeting. The decision of the board shall contain
specific findings of fact supporting the granting or denial of the special
exception and shall clearly set forth any conditions or restrictions imposed
pursuant to this title. The board shall maintain complete records of all action
with respect to applications for a special exception. (Ord. 52-09,
10-19-2009)
16-8-8: APPEAL FROM BOARD DECISION: Appeals from action or
decision of the board shall be made in the manner provided
by state law. (Ord. 52-09, 10-19-2009)
City of Dubuque
16-9-1 16-9-1
SECTION:
16-9-1:
16-9-2:
16-9-3:
16-9-4:
16-9-5:
16-9-5-1:
16-9-5-2:
16-9-5-3:
16-9-6:
16-9-6-1:
16-9-6-2:
16-9-6-3:
16-9-6-4:
16-9-7:
16-9-8:
CHAPTER 9
ZONING ADVISORY COMMISSION
APPLICATIONS AND PROCEDURES
Zoning Advisory Commission
General Powers
Organization, Meetings
Procedures Of Operation
Zoning Reclassification
Application Requirements
Zoning Advisory Commission Action
City Council Action
Text Amendment Procedure
Text Amendment
Application Requirements
Zoning Advisory Commission Action
City Council Action
Public Hearings
Notice Of Zoning Advisory Commission Hearings
16-9-1: ZONING ADVISORY COMMISSION:
A. Membership: The commission shall consist of seven (7) residents of
the city, appointed by the city council, who shall be qualified by
knowledge, experience and ability to act in matters pertaining to
short range planning and zoning, none of whom shall hold an
elective position in the city.
B. Application And Appointment Process: The appointment process to
the commission by the city council shall include at least the
following:
1. An application form requesting basic information on the education,
training, experience, expectations and other qualifications of the
applicant;
City of Dubuque
16-9-1 16-9-2
2. Notice to and an opportunity for the general public to comment in
writing on the qualifications of each applicant; and
3. A formal interview by the city council to determine the applicant's
qualifications and ability to effectively serve on the commission.
C. Term Of Office: The term of office for members of the zoning
advisory commission shall be three (3) years or until a successor is
duly appointed. Two (2) of the initial terms shall be for a term of one
year; two (2) of the initial terms for two (2) years; and three (3) of the
initial terms for three (3) years.
D. Removal: 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.
E. Vacancies: A vacancy occurring on the commission caused by
resignation or otherwise, shall be filled by appointment by the city
council for the remainder of the unexpired term.
F. Compensation: All members of the commission shall serve without
compensation except for actual expenses, which shall be subject to
approval by the council.
G. Appointment To Airport Zoning Commission: Two (2) members of the
commission shall be appointed by the city council to serve on the
airport zoning commission. A member shall serve out the term on the
airport zoning commission even if the member's term on the zoning
commission has expired. (Ord. 52-09, 10-19-2009)
16-9-2: GENERAL POWERS:
A. The zoning advisory commission shall concern itself with short range
physical planning and shall have and possess the following powers,
duties and responsibilities:
1. To prepare and recommend a zoning ordinance by exercising the
powers conferred by state law. Such zoning ordinance shall include
the boundaries of the various zoning districts; the height, number of
stories and size of buildings and other structures in each district; the
percentage of ground that may be occupied; setback requirements;
the size of yards, courts and other open space; the density of
population; the location and use of buildings, structures, and land for
trade, industry, commercial, residential or other purposes; and such
City of Dubuque
16-9-5 16-9-5-2
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 Tight 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 res-
ponsible for the formulation and continuing review of the comprehen-
sive plan, as expressed herein, and this commission shall be
charged with the duty of periodically reviewing the policies and pro-
visions 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 dis-
trict, regardless of such person's interest in the property, by sub-
mitting 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 reclassi-
fication 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 2014
City of Dubuque
16-9-5-3
16-9-5-3: CITY COUNCIL ACTION:
16-9-5-3
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, 2015, except where a vested right to the issuance
of such approval accrued prior to the effective date hereof. (Ord.
39-14, 6-16-2014)
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)
November 2014
City of Dubuque
16-10-1 16-10-1
CHAPTER 10
HISTORIC PRESERVATION COMMISSION
APPLICATIONS AND PROCEDURES
SECTION:
16-10- 1: Purpose And Intent
16-10- 2: Definitions
16-10- 3: Historic Preservation Commission Established
16-10- 4: Commission Organization
16-10- 5: Powers And Duties Generally
16-10- 6: Identification And Designation Of Landmarks, Sites And
Historic Districts
16-10- 7: Designated Landmarks, Sites And Historic Districts
16-10- 8: Demolition Of Landmarks, Landmark Sites And Structures In
Historic Districts And Conservation Districts
16-10- 9: Alteration Of Landmarks, Historic Properties And Sites
16-10-10: Standards For Design Review
16-10-11: Conservation Districts
16-10-12: Conservation Planning Areas
16-10-13: Appeals From Commission Action
16-10-14: Inspection
16-10-15: Violations; Penalties
16-10-1: PURPOSE AND INTENT: The purpose of this chapter is to:
A. Promote the educational, cultural, economic and general welfare of
the public through the protection, enhancement and perpetuation of
districts, individually designated historic properties, landmarks, and
landmark sites of prehistoric, historic, architectural, archeological
and cultural significance;
B. Safeguard the city's prehistoric, historic, aesthetic, architectural,
archeological and cultural heritage by preserving historic properties,
districts, landmarks, and landmark sites of historical, architectural
and cultural significance;
C. Stabilize and improve property values;
July 2014
City of Dubuque
16-10-1 16-10-2
D. Foster civic pride in the legacy of beauty and achievements of the
past;
E. Protect and enhance the city attractions to tourists and visitors and
the support and stimulus to business thereby provided;
F. Strengthen the economy of the city; and
G. Promote the use of properties, districts, landmarks, and landmark
sites of prehistoric, historic, architectural, archeological and cultural
significance as sites for the education, pleasure and welfare of the
people of the city. (Ord. 52-09, 10-19-2009)
16-10-2: DEFINITIONS: For the purpose of this chapter, the following
words and phrases shall have the meanings ascribed to them
below:
ALTERATION: Any act or process which changes the exterior
architectural appearance or exterior feature of a
structure, site or area, including, but not limited
to, the erection, construction, reconstruction,
restoration, removal or demolition of any struc-
ture or part thereof, excavation, or the addition
of an improvement.
ARCHEOLOGICAL A determination based on the following criteria:
SIGNIFICANCE:
July 2014
A. The site is associated with events that have
made a significant contribution to, and are
identified with, or that outstandingly represent,
the broad cultural patterns of U.S. history and
from which an understanding and appreciation
of those patterns may be gained; or
B. The site is associated importantly with the
lives of persons nationally significant in U.S.
history; or
C. The site represents some great idea or ideal
of the American people; or
D. The site embodies the distinguishing char-
acteristics of an architectural type or specimen
City of Dubuque
16-10-2 16-10-2
ARCHITECTURAL
INTEREST:
exceptionally valuable for a study of a period,
style or method of construction, or that repre-
sents a significant, distinctive and exceptional
entity whose components may lack individual
distinction; or
E. The site is composed of integral parts of the
environment not sufficiently significant by
reason of historical association or artistic merit
to warrant individual recognition, but collectively
compose an entity of exceptionally historical or
artistic significance, or outstandingly commemo-
rate or illustrate a way of life or culture; or
F. The site has yielded or may be likely to yield
information of major scientific importance by
revealing new cultures, or by shedding light
upon periods of occupation over large areas of
the U.S. Such sites are those which have
yielded, or which may reasonably be expected
to yield data affecting theories, concepts and
ideas to a major degree.
A determination that a building, structure, prop-
erty, object, site or area that has sufficient
integrity of location, design, materials and
workmanship to make it worthy of preservation
or restoration.
ARCHITECTURAL A determination based on the following criteria:
SIGNIFICANCE:
A. The structure(s) is (are) the work of, or
associated with, a nationally or locally noted
architect, architectural firm, engineer, builder or
craftsman; or
B. The structure(s) is (are) an example of a
particular period of architecture or architectural
style in terms of detail, material, method of
construction or workmanship, with no or
negligible irreversible alterations to the original
structure; or
City of Dubuque
16-10-2 16-10-2
BUILDING:
C. The structure(s) is (are) one of the few
remaining examples of a particular architectural
style; or
D. The structure(s) is (are) one of a contiguous
group of structures which have a sense of
cohesiveness which is expressed through a
similarity of characteristics, a similarity of a
style, a similarity of period, a similarity of
method of construction or which accent the
architectural significance of the area.
Any structure used or intended for supporting or
sheltering any use or occupancy, typically for
any form of human activity. A building also may
refer to a historically and functionally related
unit, such as a courthouse and jail or a house
and barn. Examples of buildings include:
carriage house, church, garage, hotel, house,
library, school, shed, store or theater.
CERTIFICATE OF A document issued by the historic preservation
APPROPRIATENESS: commission indicating its approval of plans for
an alteration or activity which will:
A. Create a material change in appearance, or
the removal or demolition, of a landmark,
landmark site or of a structure within a historic
district; and
B. Require a regulated permit.
CERTIFICATE A document issued by the historic preservation
OF ECONOMIC commission which acknowledges an exception
NONVIABILITY: as herein defined and which authorizes an
alteration or activity:
A. Which creates a material change in
appearance, or the removal or demolition, of a
landmark, landmark site or of a structure within
a historic district;
B. Which requires a regulated permit; and
City of Dubuque
16-10-2 16-10-2
CHARACTER
DEFINING FEATURE:
C. For which a certificate of appropriateness
has been or would be denied; however, a certifi-
cate of economic nonviability shall be issued
only upon a showing that the property owner will
be deprived of any reasonable economic return
on the property if not allowed to proceed with
the requested alteration or activity.
A prominent or distinctive aspect, quality, or
characteristic of a cultural landscape or historic
building, site, structure, object, or district that
contributes significantly to its physical
character.
COMMISSION: The Dubuque historic preservation commission,
as established by this chapter.
CONSERVATION An area designated by ordinances of the city
DISTRICT: council which:
A. Has defined geographic boundaries;
B. Contains contiguous pieces of property under
diverse ownership;
C. Encompasses areas of historically and
architecturally significant buildings, sites,
structures, objects, or districts, including
potential national or local historic districts; and
D. Is important to maintain and preserve for its
economic and social value and as a neighbor-
hood or area of affordable housing.
CONSERVATION An area designated by ordinances of the city
PLANNING AREA: council which:
A. Has defined geographic boundaries;
B. Contains areas within a historical, architec-
tural or archeological survey;
C. Has a history of good overall maintenance
and where architectural interest is high; and
City of Dubuque
16-10-2 16-10-2
CONTRIBUTING
BUILDING:
D. The city of Dubuque has undertaken the
study of the area.
A contributing building, site, structure, or object
adds to the historic architectural qualities,
historic or traditional cultural associations, or
archeological values for which a property is
significant because:
A. It was present during the period of signifi-
cance or does not relate to the documented
significance of the property; or
B. Despite alterations, disturbances, additions,
or other changes, it still possesses historical
integrity or is capable of yielding important
information about the period; or
C. It independently meets one or more of the
national register of historic places criteria; or
D. It has been identified as contributing in a
historical, architectural, or archeological survey.
CULTURAL A determination based on the following criteria:
SIGNIFICANCE:
A. The role a property, cultural landscape,
building, site, structure, object, or district plays
in a community's historically rooted beliefs,
customs, and practices; or
B. Its association with events, or series of
events, significant to the cultural traditions of a
community.
DEMOLITION: Any act or process which destroys in part or in
whole a landmark or a structure.
DESIGN GUIDELINE: A standard of acceptable activity which will
preserve the prehistoric, historic, architectural,
archeological and cultural character of a build-
ing, district, landmark, site, object or structure.
City of Dubuque
16-10-2 16-10-2
DETERMINATION OF
NO MATERIAL
EFFECT:
DISTRICT:
EXCAVATION:
EXTERIOR
ARCHITECTURAL
APPEARANCE:
EXTERIOR
FEATURES:
HISTORIC DISTRICT:
A document issued by the city planner indicat-
ing approval for any normal "repair" or act of
maintenance as defined by this chapter, which:
A. Is not an "alteration", construction, removal,
"demolition" or "excavation" as defined by this
chapter;
B. Does not create a material change in the
exterior architectural appearance or exterior
features of a structure or site; and
C. Nonetheless does require a regulated permit.
A definable geographic area that can be
distinguished from surrounding properties, and
which possesses a significant concentration,
linkage, or continuity of sites, buildings,
structures or objects united historically or
aesthetically by plan or physical development.
The digging out or removal of earth, soil.
The architectural style and character and the
general composition and arrangement of the
exterior of a building or structure, including
character defining features.
The architectural style and the general design
and arrangement of the exterior of a structure,
including, but not limited to, the kind and texture
of the building material(s), and the type, style
and arrangement of all windows, doors, light
fixtures, signs and other appurtenant elements,
or the natural features of a landmark, landmark
site or structure. In the case of outdoor
advertising signs, "exterior feature" includes the
style, material, size and location of the sign.
An area designated by ordinances of the city
council which:
A. Has defined geographic boundaries;
City of Dubuque
16-10-2 16-10-2
B. Contains contiguous pieces of property under
diverse ownership; and
C. Is one or more of the following:
1. Significant to American history, architec-
ture, prehistoric or historic archaeology or
culture; or
2. Possesses integrity of location, design,
setting, materials, workmanship, feel and
association; or
3. Associated with events that have been a
significant contribution to the broad patterns of
prehistory or history; or
4. Associated with the lives of persons signifi-
cant with the past; or
5. Embodies the distinctive characteristics of
a type, period, or method of construction; or
6. Represents the work of a master; or
7. Possesses high artistic values; or
8. Represents a significant and distin-
guishable entity whose components may lack
individual distinction; or
9. Has yielded, or may be likely to yield,
information important to prehistory and history.
HISTORIC A determination based on the following criteria:
SIGNIFICANCE:
A. The structure(s) or site(s) has (have) a
strong association with the life or activities of a
person or persons who have contributed to or
participated in the historic events of the nation,
state or community; or
B. The structure(s) or site(s) is (are) associated
with an association or group (whether formal or
City of Dubuque
16-10-2 16-10-3
gazebos, advertising signs, billboards, back-
stops for tennis courts, radio and television
antennas, including supporting towers, and
swimming pools. As distinguished from build-
ings, structures are those functional construc-
tions made usually for purposes other than
creating human shelter.
VISIBILITY FROM THE Any portion of a building or structure that is
PUBLIC WAY: visible to a person while standing on an
adjacent improved public street, alley, sidewalk
or step. Temporary structures or vegetation
shall not be considered as obstructions to the
visibility from the public way. (Ord. 52-09,
10-19-2009)
16-10-3: HISTORIC PRESERVATION COMMISSION ESTABLISHED:
A. The historic preservation commission is hereby established and shall
consist of nine (9) members who shall be residents of the city.
B. Members of the commission shall be appointed by the city council as
follows: one resident from each designated historic preservation
district, including the historic districts hereinafter established; and
four (4) at large members. Each member shall possess qualifications
evidencing expertise or interest in architecture, history, archeology,
law, construction or building rehabilitation, city planning or
conservation in general. One commission member shall be a
licensed architect. In the event that a vacancy occurs in a seat which
requires that the appointee be a resident of the district and for which
there is no application from a qualified resident, the city council shall
appoint a tenth member. This appointment shall be temporary. Upon
appointment of a qualified resident to the vacancy, the temporary
appointment shall terminate.
C. Members shall serve three (3) year terms.
D. Vacancies occurring in the commission, other than through expira-
tion of term of office, shall be only for the unexpired portion of the
term of the member replaced. Each member shall serve until the
appointment of a successor.
E. Members may serve for more than one term.
City of Dubuque
16-10-3 16-10-4
F. Vacancies shall be filled by the city council in accordance with the
requirements set forth above.
G. Members shall serve without compensation. (Ord. 52-09,
10-19-2009)
16-10-4: COMMISSION ORGANIZATION:
A. The commission shall elect from its membership a chairperson and
vice chairperson, whose terms of office shall be fixed by bylaws
adopted by the commission. The chairperson shall preside over
meetings of the commission and shall have the right to vote. The
vice chairperson shall, in cases of absence or disability of the
chairperson, perform the duties of the chairperson.
B. The city manager shall designate a person to serve as secretary to
the commission. The secretary shall keep a record of all resolutions,
proceedings and actions of the commission.
C. The commission shall adopt rules or bylaws for the transaction of its
business. The bylaws shall provide for, but not be limited to, the time
and place of holding regular meetings, the procedure for the calling
of special meetings by the chairperson or by at least three (3)
members of the commission and quorum requirements.
D. All meetings of the commission shall be subject to Iowa Code
chapter 21, the Iowa open meetings act.
E. The commission shall keep a record of its resolutions, proceedings
and actions. The records shall be subject to Iowa Code chapter 22,
the Iowa public records act.
F. A quorum of the commission shall be required in order to transact
business.
G. The affirmative vote of a majority of commission members present at
a meeting shall be required for the approval of plans or the adoption
of any resolution, motion or other action of the commission.
H. The vote of each member of the commission shall be recorded.
I. A member of the commission shall attend at least two-thirds (2/3) of
all scheduled meetings within any consecutive twelve (12) month
period. If any member does not attend such prescribed number of
City of Dubuque
16-10-4 16-10-5
meetings it shall constitute grounds for the commission to
recommend to the city council that said member be replaced.
Attendance of all members shall be entered on the minutes.
J. The commission shall file with the city council a copy of the minutes
of each regular and special meeting of the commission within ten
(10) working days after each meeting. (Ord. 52-09, 10-19-2009)
16-10-5: POWERS AND DUTIES GENERALLY:
A. The general duties and powers of the commission shall be as
follows:
1. To promote and conduct educational and interpretive programs on
historic properties within its jurisdiction.
2. To develop and adopt specific standards for review and design
guidelines, in addition to those set forth in section 16-10-10 of this
chapter, for the alteration of landmarks, landmark sites, individually
designated historic properties and property and structures within
historic districts.
3. To adopt its own bylaws.
4. To identify, evaluate, register, manage and protect significant
prehistoric and historic archeological sites.
5. To conduct an ongoing survey to identify historically,
archaeologically and architecturally significant properties, structures
and areas that exemplify the cultural, social, economic, political,
archeological or architectural history of the nation, state or city.
6. To research and recommend to the city council the adoption of
ordinances designating areas as having historic, architectural,
archeological or cultural value or significance as "historic districts".
7. To research and recommend to the city council the adoption of
ordinances designating properties or structures having historic,
architectural, archeological or cultural value or significance as
"landmarks" or "landmark sites".
8. To research and recommend to the city council the adoption of
ordinances designating properties as having historic, architectural,
City of Dubuque
16-10-5 16-10-5
archeological or cultural value or significance as "individually
designated historic properties".
9. To research and recommend to the city council the adoption of
ordinances designating areas as having historic, architectural,
archeological or cultural value as "conservation districts".
10. To research and recommend to the city council the adoption of
ordinances designating areas as having historic, architectural,
archeological or cultural value as "conservation planning areas".
11. To maintain a register of all properties and structures which have
been designated as landmarks, landmark sites or historic districts,
including all information required for each designation.
12. To assist and encourage the nomination of landmarks, landmark
sites and historic districts to the national register of historic places,
and review and comment at a public hearing on any national register
nomination submitted to the commission upon the request of the
mayor, city council or the state historic preservation office.
13. To confer recognition upon the owners of landmarks, individually
designated historic properties or of property or structures within
historic districts.
14. To review in progress or completed work to determine
compliance with specific certificates of appropriateness or
certificates of economic nonviability.
15. To serve as an advisory design review body to the city council
for review of public works projects which have historic preservation
implications in historic districts, individually designated historic
properties, or for alteration of landmarks, landmark sites or
structures, that would result in a material change in appearance or
be visible from the public way.
16. To serve as an advisory review body to the city council for the
review of public planning, design, construction, and maintenance
needs in conservation planning areas upon request from the city
council.
B. The commission shall be governed by the administrative, personnel,
accounting, budgetary and procurement policies of the city. (Ord.
52-09, 10-19-2009)
City of Dubuque
16-10-6 16-10-6
16-10-6: IDENTIFICATION AND DESIGNATION OF LANDMARKS,
SITES AND HISTORIC DISTRICTS:
A. Generally: The commission conducts studies for the identification
and nomination of landmarks, landmark sites, individually designated
historic properties and historic districts, as defined by this chapter.
The commission may proceed on its own initiative or upon a petition
from any person, group or association.
B. Nomination:
1. Landmarks And Landmark Sites: The nomination of landmarks
and landmark sites shall be initiated by an application submitted to
the commission by the property owner on a form supplied by the
commission.
2. Historic Districts: The designation of historic districts must be
initiated by a nomination for such designation. A nomination is made
to the commission on a form prepared by the commission and may
be submitted by a member of the commission, the owner of record of
property within a proposed historic district, the city council, or any
other person or organization. When a commissioner, as a private
citizen, nominates a historic district for designation, the nominating
commissioner shall abstain from voting on the designation. This
provision does not extend to a designation motion presented by a
commissioner as part of commission proceedings.
3. Individually Designated Historic Properties: The nomination of
individually designated historic properties must be initiated by an
application submitted to the commission by the property owner on a
form supplied by the commission.
C. Criteria For Consideration Of Nomination: The commission will, upon
such investigation as it deems necessary, make a determination as
to the following:
1. Whether the nominated property, structure, object, site or area:
(Ord. 25-14, 3-17-2014)
a. Is of "architectural significance", as defined by this chapter; or
b. Is associated with events that have made a significant contri-
bution to the broad patterns of the history of the city of Dubuque,
Dubuque County, the state of Iowa or the nation; or
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City of Dubuque
16-10-6 16-10-6
c. Is associated with the lives of persons significant in the past
of the city of Dubuque, Dubuque County, the state of Iowa or the
nation; or
d. Has yielded, or may be likely to yield, information important in
prehistory or history; and (Ord. 52-09, 10-19-2009)
2. Whether the structure, property, object, site or area has sufficient
integrity of location, design, materials and workmanship to make it
worthy of preservation or restoration; and/or
3. Whether the structure, property, object, site or area is at least fifty
(50) years old, unless the commission determines that it has
achieved significance within the past fifty (50) years and is of
exceptional importance.
D. Notification Of Nomination: Within sixty (60) days after receipt of a
completed nomination in proper form, the commission must meet to
review the nomination. Notice that a nomination for designation is
being considered and the date, time, place and purpose of the meet-
ing must be sent by certified mail, at least fourteen (14) days prior to
the date of the hearing, to the owner(s) of record of the nominated
landmark or landmark site, nominated individually designated historic
property, or property within the nominated historic district and to the
nominator(s). Notice must also be published in a newspaper having
general circulation in the city. The notice must state the street
address and legal description of a nominated landmark or landmark
site or the boundaries of a nominated district.
E. Meeting: The commission may, at its discretion, accept oral or
written testimony concerning the significance of the nominated land-
mark, landmark site or historic district from any interested person.
The commission may request expert testimony, consider staff reports
or present its own evidence regarding the compliance of the
nominated landmark, landmark site, individually designated historic
property or historic district with the criteria set forth in subsection C
of this section. The owner of any nominated landmark, landmark site,
individually designated historic property or of any property within a
nominated historic district shall be allowed a reasonable opportunity
to present evidence regarding the nomination.
F. Determination By Commission, Recommendation And Report: Within
thirty (30) days following the commission's meeting, the commission
will determine whether the nominated landmark, landmark site,
individually designated historic property or historic district meets the
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City of Dubuque
16-10-6 16-10-6
criteria for designation. Such determination is made in an open
meeting by resolution of the commission, in the form of a written
recommendation and a written report in support of the nomination.
The commission's recommendation on the nomination of a landmark,
landmark site, individually designated historic property or historic
district, and its supporting report, will be transmitted to the city
council, with a proposed ordinance or amendment establishing such
landmark, landmark site, individually designated historic property or
historic district and describing its location and boundaries by address
and legal description.
G. Action By City Council:
1. The city council must submit the proposed ordinance or amend-
ment to the state historic preservation office for review and recom-
mendations at least thirty (30) days prior to the date of any public
hearing conducted by the city council. The city will make any recom-
mendations made by the state historic preservation office available
to the public for viewing during normal working hours at a city
government place of public access.
2. Upon receipt of the recommendation and report of the commis-
sion, and after having received a recommendation from the state
historic preservation office or if the thirty (30) day waiting period has
lapsed since submission of the request for such recommendation,
the city council will conduct a public hearing on the ordinance or
amendment establishing the proposed landmark, landmark site,
individually designated historic property or historic preservation dis-
trict. After public hearing, the city council will approve or disapprove
the ordinance or amendment, or refer the nomination back to the
commission for modification. A modified nomination requires compli-
ance with the same procedure for designation as set forth above.
3. City council approval of the ordinance or amendment constitutes
designation of the landmark, landmark site, individually designated
historic property or historic district.
H. Amendment And Rescission Of Designation: A designation may be
amended or rescinded upon petition to the commission and compli-
ance with the same procedure and criteria as set forth above for
designation. (Ord. 25-14, 3-17-2014)
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City of Dubuque
16-10-7 16-10-7
16-10-7: DESIGNATED LANDMARKS, SITES AND HISTORIC DIS-
TRICTS:
A. Historic Districts:
1. Langworthy Historic Preservation District: The properties herein-
after described are hereby designated as a historic preservation dis-
trict, according to the provisions of this chapter:
All of Lots 1 through 3, inclusive; all of Lot 4 excepting the
northerly ten (10) feet thereof, all of the south half of Lot 6; all
of Lots 12 through 16, inclusive; and all of Lots 12A through
16A, inclusive; all being in Paulina Langworthy's Addition. The
west fifteen (15) feet of lot 4; all of Lot 5, and Lot 6; all being
in McCoy Subdivision. All of Lots 1 through 6, inclusively, of
Lot 2 and Lot 3; all of Lot 4; and all of Lots 5 through 8,
inclusive, excepting the northerly twelve (12) feet of all of
them; all being in Mrs. L. A. Langworthy's Addition. All of Lots
1 through 12, inclusive; all of Lots 17 through 21, inclusive;
and all of Lots 9 through 53, inclusive; all being in Julia
Langworthy's Addition. Lots 1 through 4, inclusive; Lot 1 of
Lot 6; Lots 28 through 32, inclusive; Lot 1 of Lot 1 of Lot 1 of
Lot 33; and Lot 1 of Lot 2 of Lot 2 of Lot 33; all being in T. S.
Nairn's Dubuque Addition.
2. Old Main Historic Preservation District: The properties hereinafter
described are hereby designated as a historic preservation district,
according to the provisions of this chapter:
All of city Lots 1 through 12, inclusive; all of city Lots 69
through 80, inclusive; and the south sixty-four (64) feet of Lot
1 Block XV of Dubuque Downtown Plaza.
3. Jackson Park Historic Preservation District: The properties herein-
after described are hereby designated as a historic preservation
district, according to the provisions of this chapter:
July 2014
Beginning at the intersection of West 17th and Heeb Streets,
north along Heeb Street to the south line of M.A. Rebman's
City of Dubuque
16-10-7 16-10-7
Sub.; west along said line and the south line of Duncan's Sub.
to the west line of Lot 4-C.L. six hundred seventy-four (674)
feet; south along said line to the south line of Lot 2-5-C.L.
674; west along said line and along the south line of Lot
1-5-C.L. 674 to Main Street; west across Main Street and
Madison Avenue to the north line of Lot 5-2-C.L. 673;
continuing west along said line to the west line of said lot;
south along said line to Dorgan Place; west along Dorgan
Place to the east line of Lot 1-1A-Dorgan's Sub.; southwest
along said line and along the east line of Lot 1-1-Dorgan's
Sub. and its extension of West 17th Street; first south then in
a counterclockwise manner along the westerly line of D.N.
Cooley's Sub. and its southerly extension to the north line of
Lot 1-1-C.L. 667; east along said Zine to the east line of said
lot; south along said line and the east line of Lot 2-3-C.L. 667
to the south along said line of Lot 2-1-C.L. 667; east along
said line to Bluff Street; south along Bluff Street to the south
line of A.L. Brown's Sub.; west along said line to the east line
of Lot 769B of A. McDaniel's Sub.; south along said line and
the east right-of-way line of Grove Terrace and the east line
of Corkery's Sub. to the north line of Lorimer's Sub.; east
along said line to the east line of Lot 1-1-1 and 11 of
Lorimer's Sub.; south along said line and its extension to
West 9th Street; east along West 9th Street to Locust Street;
north along Locust Street to West 10th Street; east along
West 10th Street to the alley between Locust and Main
Streets; north along said alley to West 13th Street; east along
West 13th Street to Main Street; south along Main Street to
the south line of the north 1/5-C.L. 465; east along said line
and its extension to the east line of the west 33 feet, north
1/5-C.L. 460; north along said line to West 13th Street; east
along West 13th Street to Iowa Street; north along Iowa
Street to West 14th Street; east along West 14th Street to the
alley between Iowa Street and Central Avenue; north along
said alley to West 17th Street; east along West 17th Street to
Heeb Street, the point of beginning.
4. Cathedral Historic Preservation District: The properties hereinafter
described are hereby designated as a historic preservation district,
according to provisions of this chapter:
Beginning at the intersection of Locust Street and West 7th
Street; southwest along West 7th Street to Bluff Street;
northwest along Bluff Street to the northwest line of Lot 5-C.L.
653A; southwest along said line to the southwest line of said
City of Dubuque
16-10-7 16-10-7
lot; southeast along said line to the northwest line of the north
fifty (50) feet of Lot 1-1-C.L. 653; southwest along said line to
the northeast line of Coriell's Dubuque Sub.; first southeast
then in a clockwise manner along said line to West 5th Street;
southeast along West 5th Street; to the northwest line of the
west one hundred seven and five -tenths (107.5) feet -west one
hundred seventy (170) feet-C.L. 624; southwest along said
line to the northeast line of Cooper Heights Sub.; southeast
along said line and along the northeast line of Lot 1-1-1-1C.L.
692 to the north right-of-way line of West 4th Street;
southwest along said right-of-way line and along the
northwest line of Lot 2-1-1-1-C.L. 692 to Raymond Place;
southeast along Raymond Place to the northwest line of
Fenelon Point Sub.; first northeast then in a clockwise manner
along said line to the southwest line of Lot 1-E. seventy-eight
and five -tenths (78.5) feet south one hundred (100) feet-C.L.
692; southeast along said line to West 3rd Street to the
southwest line of Saint Raphael's Add.; southwest along said
line to the northwest line of Lot 1-2-C.L. 694; first northeast
then in a clockwise manner along said line to the
northwesterly most line of Pixler Place; northeast along said
line to the west right-of-way line of Bluff Street; southeast
across Bluff Street to the northeast line of C.L. 589A;
continuing southeast along the northeast line of C.L. 589A
and the northeast line of C.L. 589 and the northeast line of
the north twenty-one (21) feet -north 1/2 C.L. 572 to Locust
Street; northeast along Locust Street to the southwest line of
the south fifty (50) feet-C.L. 568; northwest along said line to
Bissell Lane; north along Bissell Lane to West 4th Street;
northeast along West 4th Street to Locust Street; northwest
along Locust Street to West 7th Street, the place of beginning
as described herein.
5. West 11th Street Historic Preservation District: The properties
hereinafter described are hereby designated as a historic
preservation district, according to provisions of this chapter:
Beginning at the intersection of Loras Boulevard and Bluff
Street; south along Bluff Street to the south line of A.L.
Brown's Sub.; west along said south line to the east line of
Lot 769B of A. McDaniel's Sub.; south along said east line
and along the east right-of-way line of Grove Terrace and
along the east line of Corkery's Sub. to the north line of
Lorimer's Sub.; east along said north line to the east line of
Lot 1-1-1-11-Lorimer's Sub.; south along said east line and its
City of Dubuque
16-10-7 16-10-7
southerly extension to West 9th Street; west along West 9th
Street to the west line of Central Addition; north along said
west line to the south line of the east twenty-seven (27) feet -
Lot 3-C.L. 703; west along said south line to the west line of
said lot; north along said west line to the north line of the
west one hundred thirty-nine (139) feet -Lot 3-C.L. 703; west
along said north line to the east line of Lot 2 -46A -Farley's
Sub.; north along said east line to Wilbur Street; west along
Wilbur Street to the west line of Lot 2 -46A -Farley's Sub.;
south along said west line to the south line of Lot
1 -46 -Farley's Sub.; west along said south line and along the
south line of Lot 1 -45 -Farley's Sub. to the west line of said
Lot 1-45; north along said west line to Wilbur Street; west
along Wilbur Street to Spruce Street; south along Spruce
Street to the south line of Lot 2 -43 -Farley's Sub.; west along
said south line to the east line of the south eighty (80) feet -
Lot 37 -Farley's Sub.; north along said east line to the north
line of said lot; west along said north line to the east line of
Lot 38 -Farley's Sub.; north along said east line to Jefferson
Street; west along Jefferson Street and along the south line of
Lot 2-1-1-3-C.L. 738 to the west line of Lot 2-1-1-3-C.L. 738;
north along said west line and along the west line of Lot
1-1-1-3-C.L. 738 and along the west line of Lot 2-1-3-C.L. 738
and along the west line of Lot 1-2-1-C.L. 738; to West 11th
Street; east along West 11th Street to the west line of Lot 12
of Cummin's Sub.; north along the west lines of Lots 11, 10, 9
and 8 of Cummin's Sub.; north across Race Street; north
along the west line of Lot 6 of Cummin's Sub. to Chestnut
Street; west along Chestnut Street to the west property line of
Lot 8 of Bissell's Dubuque; north along the west property lines
of Lots 9, 10, 11, 12, 13, 14 and 15 of Bissell's Dubuque and
the E. 150' of Lot 5 of C.L. 740; east along the north line of
the E. 150' of Lot 5 of C.L. 740 to Walnut Street; north along
Walnut Street to Loras Boulevard; east along Loras Boulevard
to Henion Street; north along Henion Street to Pickett Street;
east along Pickett Street to the east line of Lot 2-7-C.L. 667;
south along said east line to the south line of Lot 1-4-C.L.
667; first east line then in a counter -clockwise manner along
the southerly lines of Lot 1-4-C.L. 667 and Lot 1-3-C.L. 667 to
the west line of Lot 2-1-C.L. 667; south along said west line of
the south line of Lot 2-1-C.L. 667; east along said south line
to Bluff Street; south along Bluff Street to Loras Boulevard,
the place of beginning.
City of Dubuque
16-10-7 16-10-7
B. Landmarks And Landmark Sites:
1. William M. Black Landmark: The structure hereinafter described is
hereby designated as a landmark, according to the provisions of this
chapter:
Sidewheeler Dredge William M. Black moored at Inner Levee
of the Mississippi River, commonly known as the Ice Harbor.
2. Dubuque City Hall Landmark: The property hereinafter described
is hereby designated as a landmark, according to the provisions of
this chapter:
The building situated on the N 2/5 of City Lot 448 and the N 2/5
of City Lot 457, commonly known as 50 West 13th Street.
3. Dubuque County Courthouse Landmark: The property hereinafter
described is hereby designated as a landmark, according to the
provisions of this chapter:
The building situated on part of City Lot 286 and City Lots
287 to 288, commonly known as 720 Central Avenue.
4. Dubuque County Jail Landmark: The property hereinafter
described is hereby designated as a landmark, according to the
provisions of this chapter:
The building situated on City Lots 284 to 285 and part of City
Lot 286, commonly known as 36 West 8th Street.
5. Julien Dubuque Monument Landmark: The property hereinafter
described is hereby designated as a landmark, according to the
provisions of this chapter:
The structure situated on Pt. Lot 1, Government Lots 1 and 2,
located at terminus of Monument Drive.
6. Mathias Ham House Landmark: The property hereinafter
described is hereby designated as a landmark, according to the
provisions of this chapter:
The building situated on Lot 1 of Lot 531 Ham's Addition,
commonly known as 2241 Lincoln Avenue.
City of Dubuque
16-10-7 16-10-7
7. Shot Tower: The property hereinafter described is hereby desig-
nated as a landmark, according to the provisions of this chapter:
The Shot Tower structure situated on River Front Sub 1,
located at terminus of Commercial Street.
8. Four Mounds Estate Landmark Site: The property hereinafter
described is hereby designated as a landmark site, according to the
provisions of this chapter:
The buildings, structures, objects, sites, and property situated
on Lot 1-1-2-1 & Lot 1-1-2-1-1 of SW -NW & Gov 1 & min Lot
331 & Lot 1 -7 -SW & Lot 2 -NW -NW all in Sec 1 of T89N-R2E
& Lot 1 & Lot 2-1-1-1 of Sub of 1-7 SW and SW of NW Sec 1
T89N-R2E & Gov Lot 1 a/k/a min Lot 331 & Lot 1-1-4, 2-2-4,
2-1-2-4, Lot 2 & 3 of SW Sec 1 of T89N-R2E & Lot 1 Fountain
Hill re -sub & Lot 16 John Deere Dub Tractor Works & Lot
2-1-1-2-2 of SE 1/4 NE 1/4 Sec 2 of T89N-R2E 5th, commonly
known as 4900 Peru Road.
9. Carnegie Stout Public Library: The property hereinafter described
is hereby designated as a landmark, according to the provisions of
this chapter:
The buildings situated on City Lot 658A, City Lot 659, City Lot
660, balance of City Lot 658, commonly known as 360 West
11th Street.
(Ord. 52-09, 10-19-2009)
10. White Water Creek Bridge: The property hereinafter described is
hereby designated as a landmark, according to the provisions of this
chapter:
The span of bridge situated on Lot H Dubuque Industrial
Center West Final Plat, commonly known as the Bergfeld
Recreation Area, 7600 Chavenelle Drive.
(Ord. 4-12, 2-6-2012)
C. Individually Designated Historic Properties: The properties herein-
after described are hereby designated as individually designated
historic properties, according to provisions of this chapter:
1. The buildings, structures, objects, sites, and property situated on
E 1/2 Lot 36, E 15' W 1/2 Lot 36, Lot 37 Prospect Hill Addition,
commonly known as 565 Fenelon Place.
July 2014
City of Dubuque
16-10-7 16-10-8
2. The buildings, structures, objects, sites and property situated on
Lots 22 & 23 and the N 46 feet of Lot 25 LH Langworthy's Sub, also
known as 216 Clarke Drive.
3. The buildings, structures, objects, sites and property situated on
Lots 16 and 17 of the West 1/2 of Block 1 of Dubuque Harbor
Company Addition to the City of Dubuque, Iowa, also known as 40 &
42 Main Street. (Ord. 52-09, 10-19-2009)
4. The buildings, structures, objects, sites and property situated on
Lot 20 Staffords Add., also known as 2537 Windsor Avenue.
5. The buildings, structures, objects, sites and property situated on
Lots 13, 14 & 15 of W 1/2 Blk 1 Dubuque Harbor Co. Add., also
known as 44 Main Street. (Ord. 3-10, 1-19-2010)
16-10-8: DEMOLITION OF LANDMARKS, LANDMARK SITES AND
STRUCTURES IN HISTORIC DISTRICTS AND CONSERVA-
TION DISTRICTS:
A. Demolition Generally: Demolition of landmarks, landmark sites,
individually designated historic properties or structures within historic
districts, and structures in conservation districts is prohibited unless,
upon application and after hearing, the commission issues a certifi-
cate of appropriateness or a certificate of economic nonviability
pursuant to this section.
B. Demolition By Neglect Prohibited: The owner of a building or struc-
ture in any historic or conservation district, or of a landmark or
landmark site, or individually designated historic property must keep
in good repair all the exterior portions of such buildings or structures
and all interior portions thereof whose maintenance is necessary to
prevent deterioration and decay of any exterior portion and comply
with all other provisions of law requiring property and improvements
to be kept in good repair. The owner must repair the building or
structure to correct any of the following defects as determined by the
city building official: (Ord. 26-14, 3-17-2014)
1. Parts which are improperly or inadequately attached so that they
may fall and injure persons or property;
2. A deteriorated or inadequate foundation;
July 2014
City of Dubuque
16-10-8 16-10-8
3. Defective or deteriorated floor supports or floor supports that are
insufficient to carry the loads imposed;
4. Walls, partitions, or other vertical supports that split, lean, list, or
buckle due to defect or deterioration or are insufficient to carry the
load imposed;
5. Ceilings, roofs, ceiling or roof supports, or other horizontal
members which sag, split, or buckle, due to defect or deterioration or
are insufficient to support the load imposed;
6. Fireplaces and chimneys which list, bulge, or settle due to defect
or deterioration or are of insufficient size or strength to carry the
loads imposed;
7. Deteriorated, crumbling, or loose exterior stucco or mortar;
8. Deteriorated or ineffective waterproofing of exterior walls, roofs,
foundations, or floors, including broken windows and doors;
9. Defective or lack of weather protection for exterior wall coverings,
foundations or floors, including broken windows and doors;
10. Any default, defect, or condition in the structure which renders it
structurally unsafe or not properly watertight;
11. Deterioration of any exterior feature so as to create a hazardous
condition which could make demolition necessary for the public
safety;
12. Deterioration or removal after the effective date hereof of any
unique architectural feature which would detract from the original
architectural style;
13. Deterioration of exterior stairs, porches, handrails, window and
door frames, cornices, wall facings, and architectural details that
cause instability, loss of shape and form, or crumbling;
14. Rotting, holes, and other forms of decay; or
15. Leaving a building or structure open or vulnerable to vandalism,
decay by the elements, or animal and/or insect infestation.
C. Emergency/Hazard Removal: In the event that a building or structure
becomes damaged by fire, or other calamity or disaster, to such an
July 2014
City of Dubuque
16-10-8 16-10-8
extent that the building official determines it cannot reasonably be
repaired and restored, or it poses an immediate risk to public safety
and well being, after consultation with a licensed architect or
engineer in determining whether a building or structure can be
reasonably repaired, stabilized or restored, any portion thereof may
be removed in conformance with applicable laws. (Ord. 52-09,
10-19-2009)
D. Review Of Demolition Permits: Upon receiving an application for a
demolition permit for any building subject to this section, the building
official must immediately notify the planning services department of
such application. If the application is for any building with one or
more dwelling units, the building official must also immediately notify
the housing and community development department. The applicant
must file the information required in this section with the historic
preservation commission at the office of the planning services
department by the application deadline established by the commis-
sion. If the application is for any building with one or more dwelling
units, the planning services department must provide the filed
information to the housing and community development department.
1. At its next regular meeting, the commission will approve or deny
the application, or table the application for additional information for
a specified period not to exceed ninety (90) days from the date of
application with the commission. Failure of the commission to take
action on the application within the ninety (90) day period, unless the
applicant requests and the commission grants an extension of such
time, constitutes commission approval thereof.
2. The commission will review all information submitted by the appli-
cant and, if the application is for any building with one or more
dwelling units, all information submitted by the housing and commu-
nity development department, and make a determination as to the
following:
a. Whether the building proposed for demolition has historic or
architectural significance to the community; and
b. Whether denial of the proposed demolition permit would pre-
vent the property owner from earning a reasonable economic return
on the property.
3. If the commission finds that denial of the application would pre-
vent the property owner from earning a reasonable economic return
on the property, or that the building does not have any historical or
July 2014
City of Dubuque
16-10-8 16-10-8
architectural significance to the community, the commission will
approve the application.
4. If the commission finds that denial of the application would not
prevent the property owner from earning a reasonable economic
return on the property, and that the building has historical or
architectural significance to the community, the commission will deny
the permit application.
5. If the applicant is the state of Iowa or a political subdivision of the
state, the city council will also make a determination as to whether
the denial of the application would prevent the state or the political
subdivision from accomplishing its governmental functions as
follows:
a. If, after weighing the interests and attempting to accommo-
date all conflicting governmental interests, the city council finds that
denial of the application would prevent the state or the political
subdivision from accomplishing its governmental functions, the city
council will approve the application.
b. If, after weighing the interests and attempting to accommo-
date all conflicting governmental interests, the city council finds that
denial of the application would not prevent the state or the political
subdivision from accomplishing its governmental functions, the city
council may deny the application.
6. If the city council denies the application, it will state its findings in
writing and shall transmit a copy of such findings to the applicant.
E. Standards For Demolition Review:
1. The report, "Heritage Of Dubuque", dated March 1974, and filed
on record on January 27, 1975, is a comprehensive study for the
historical preservation and conservation of the city and one of the
guides to be considered at such time as a demolition permit is
applied for under this section. The city of Dubuque's historic property
inventory and any subsequent official architectural/historical
surveys/evaluations and nominations to the national register of
historic places prepared for any buildings located within the
conservation districts described in subsection A of this section are
also guidelines at such time.
2. In determining whether a building has historic or architectural
significance, the commission considers an application for a demoli-
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16-10-8 16-10-8
tion permit in accordance with the standards for review set forth in
the secretary of the interior's "standards for identification and
evaluation", and any subsequent revisions of these standards and
guidelines by the secretary of the interior. The commission also
considers a determination from the state historical preservation office
as to the potential eligibility for listing of the building proposed for
demolition on the national register of historic places.
F. Economic Guidelines And Review Criteria:
1. In determining whether to approve or deny the application, the
commission may consider the information set forth in this subsection.
The commission may also investigate strategies which would allow
the property owner to earn a reasonable economic return on the
property, may solicit expert testimony, and may require that the
applicant make submissions concerning any or all of the following
information:
a. A bid from a qualified contractor showing the cost of the
proposed demolition.
b. A report from a licensed engineer, architect or contractor with
experience in rehabilitation as to the structural integrity of the
structure(s) that the applicant proposes to demolish.
c. The appraised value of the property by a licensed appraiser
for the following conditions:
July 2014
(1) In the property's current condition;
(2) After completion of the proposed demolition;
(3) After rehabilitation of the existing property for continued
use by providing sales for the previous six (6) months for at
least three (3) comparable properties. If there are not sales
for the previous six (6) months at comparable properties,
sales for the previous year at comparable properties may be
used; and
(4) If the property is an income producing property, such
valuation must include the rent scheduled and anticipated
income after such rehabilitation, and the same for at least
three (3) comparable properties to substantiate the informa-
tion provided for the property in question.
City of Dubuque
16-10-8 16-10-8
d. An estimate from an architect, developer, contractor, or
appraiser experienced in rehabilitation as to the cost to rehabilitate
the building to the point of which a reasonable use or a reasonable
profit can be realized from the property, including, but not limited to,
bringing a building up to code so it can be occupied, not necessarily
its "highest and best use", preferred use, or a restoration project.
e. The amount paid for the property, the date of purchase, and
the person from whom the property was purchased, a description of
the relationship, if any, if any between the owner of record, the
applicant and the person from whom the property was purchased or
is being purchased, and the terms of the purchase or proposed
purchase, including financing.
f. If the property is income producing, copies of the 1040
schedule E or other appropriate forms and/or schedules filed with the
IRS for the previous two (2) years. Such forms must include opera-
tion and maintenance expenses, depreciation deduction and annual
cash flow before and after debt service, if any. Such forms must be
signed by the current property owner to certify their authenticity. If
such forms/statements are not available, income statements from a
certified public accountant or licensed public accountant on letter-
head and signed may be substituted.
g. The name of all mortgagees and the balance of all mortgages
or other financing secured by the property and annual debt service, if
any, for the previous two (2) years. Debt service is the amount of
principal and interest payments paid annually on the property.
h. All appraisals obtained within the previous two (2) years by
the owner or applicant in connection with the purchase, financing
and ownership of the property.
i. Any listing of the property for sale or rent, the price asked and
offers received for sale or rent, if any, within the previous five (5)
years.
j. The assessed value of the property for the previous two (2)
assessment years.
k. The amount of real estate taxes assessed for the previous two
(2) assessment years and whether or not they have been paid.
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I. The form of ownership or operation of the property, whether
sole proprietorship, for profit or not for profit corporation, limited
partnership, joint venture or other.
m. Any other information considered necessary by the commis-
sion to determine whether the property yields or may yield a reason-
able economic return to the property owner(s). A "reasonable
economic return" is defined as the cost to rehabilitate the building to
the point at which a reasonable use or a reasonable profit can be
realized from the property. This may mean bringing a building up to
code to the point at which it can be occupied, not necessarily to its
"highest and best use", preferred use or a restoration project.
n. Proof of the applicant's efforts to obtain financing, tax
incentives, preservation grants and other incentives to allow the
applicant to earn a reasonable economic return from the property.
o. Documents detailing the applicant's efforts in ongoing
maintenance and repair. This may include, but is not limited to, tax
statements and/or copies of invoices.
2. If the application is for any building with one or more dwelling
units, the housing and community development department may also
make submissions concerning any or all of the above information,
including strategies which would allow the property owner to earn a
reasonable economic return on the property. The commission will
consider such information.
G. Guidelines And Review Criteria For Applications By State Or Political
Subdivision Of State:
1. In determining whether to approve or deny the application, the
commission may consider the information set forth in this subsection
and any other information the commission considers relevant to
balancing any conflicting governmental interests.
2. The commission may require that the applicant make submissions
concerning the following information for the proposed site and
suitable alternative location(s), including, but not limited to:
a. Fair market value of property.
b. Estimate of the cost of the proposed demolition, including
hazardous material removal and remediation.
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c. Fair market value of any property owned by the governmental
body that could be sold if that site is not chosen for the project.
d. Property tax impact of removing private property from the tax
rolls at the proposed location and all alternative locations.
e. Any other factors that contribute to making one location more
suitable than others for the proposed use.
f. Any other information appropriate to evaluating how all con-
flicting governmental interests may be accommodated.
g. The need for the use in question, the effect on neighboring
property, and the environmental impact of the proposed use.
H. Action: If the commission fails to take action to approve, deny or
withhold action on the application within the ninety (90) day period,
or such extension as requested by the applicant, the building official
will issue the permit forthwith. (Ord. 26-14, 3-17-2014)
16-10-9: ALTERATION OF LANDMARKS, HISTORIC PROPERTIES
AND SITES:
A. No regulated permit or site plan approval for the alteration of land-
marks, individually designated historic properties, landmark sites or
structures in historic districts may be issued prior to review and
action by the commission unless a determination of no material
effect has been made in accordance with this chapter. (Ord. 52-09,
10-19-2009)
B. Nothing in this chapter may be construed to prevent ordinary mainte-
nance or repair of any landmark, landmark site or structure or site
within a historic district where such maintenance or repair does not
involve a material change of appearance which necessitates issu-
ance of a regulated permit or site plan approval.
C. An application for a regulated permit or site plan approval must be
made to the appropriate city official. The application must state or
the appropriate city official will determine whether the proposed work
or activity is to be done on a landmark, landmark site, individually
designated historic property or on a structure within a historic
district.
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D. If the application demonstrates no material effect as recognized by
this chapter, then the city planner may issue a determination of no
material effect, which authorizes the proposed work or activity to
proceed. If a permit application does not demonstrate compliance
with the standards for a determination of no material effect, then an
application must be made for commission review of the proposed
work or activity. The application for commission review will be filed in
the planning services department.
E. Unless otherwise mutually agreed upon by the applicant and the
commission, the commission will, within sixty (60) days after sub-
mittal of a complete application, review the proposed work or activity
to determine whether it complies with the standards specified in this
chapter. In the event the commission does not approve or deny an
application within sixty (60) days after submittal of a complete appli-
cation, such application is deemed approved by the commission,
unless the applicant has consented to an extension of the sixty (60)
day period. The commission will issue a certificate of appropriate-
ness if, after conducting a review of the application, it finds: (Ord.
27-14, 3-17-2014)
1. That the property owner or the property owner's representative
has established that the proposed work or activity complies with the
standards specified in this chapter and conforms to the purpose and
intent of this chapter; and
2. That creating, changing, destroying or affecting the exterior
architectural features of the structure, improvement or site upon
which the work is to be done will not have a substantial adverse
effect on the aesthetic, historic or architectural significance and
value of either the property itself or of the neighboring improvements
in a district.
3. In reviewing the proposed work or activity, the commission may
confer with the applicant or the applicant's authorized representative.
The commission may require submission of such additional draw-
ings, sketches, photographs or other exhibits, as it deems reason-
ably necessary for consideration of the application. (Ord. 52-09,
10-19-2009)
F. The issuance of a certificate of appropriateness enables the appli-
cant to obtain a regulated permit or site plan approval and to pro-
ceed with the proposed work or activity.
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G. If the commission denies the proposed work or activity, it must state
its reasons and transmit to the applicant a written record of its
denial. The commission may propose revisions to the applicant's
proposal, which, if adopted by the applicant, may cause the commis-
sion to reconsider its denial. The applicant may modify the proposed
project and resubmit a modified proposal at any time.
H. The commission will also issue a certificate of appropriateness, if,
after conducting a review of preservation alternatives, it finds: (Ord.
27-14, 3-17-2014)
1. That the property owner or the property owner's representative
has established that the preservation alternatives for the proposed
work or activity conform to the purpose and intent of this chapter;
and
2. That creating, changing, destroying or affecting the exterior
architectural features of the structure, improvement or site upon
which the work or activity is to be done will not have a substantial
adverse effect on the aesthetic, historic or architectural significance
and value of either the property itself or of the neighboring improve-
ments in a district. (Ord. 52-09, 10-19-2009)
Prior to filing an application for a certificate of economic nonviability,
as provided for in subsection J of this section, the applicant must file
an application for a review of preservation alternatives. This applica-
tion documents the applicant's attempts to evaluate and obtain
"preservation alternatives", including, but not limited to, financing, tax
incentives, preservation grants, restoration alternatives and other
incentives sufficient to allow the applicant to earn a reasonable
economic return from the property.
1. After a review of the preservation alternatives, the commission
approves or denies the proposed project.
2. If the proposed project is approved, the commission issues a
certificate of appropriateness.
3. If the commission denies the proposed project, it must state its
reasons and transmit to the applicant a written record of its denial.
The commission may propose appropriate revisions of the appli-
cant's proposal that, if adopted by the applicant, may cause the
commission to reconsider its denial. The applicant may modify the
proposed project and resubmit a modified proposal at any time.
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J. If the commission denies such proposed project after a review of
preservation alternatives, it may, upon application or on its own
motion, issue a certificate of economic nonviability.
1. Certificate Of Economic Nonviability: Upon application or motion
for a certificate of economic nonviability, the commission will
schedule a public meeting on that application or motion.
2. Data To Be Provided By Applicant: Before rendering its decision,
the commission may solicit expert opinion or require that the
applicant for a certificate of economic nonviability submit the
following information, including, but not limited to: (Ord. 27-14,
3-17-2014)
a. Estimate of the cost of the proposed work or activity and an
estimate of any additional cost that would be incurred to comply with
the recommendations of the historic preservation commission for
changes necessary for the issuance of a certificate of appropriate-
ness.
b. A report from a licensed engineer or architect with experience
in rehabilitation as to the structural soundness of any structures and
their suitability for rehabilitation. (Ord. 52-09, 10-19-2009)
c. Estimated market value of the property in its current condition;
after completion of the proposed construction or alteration; and after
any changes recommended by the commission.
d. The amount paid for the property, the date of purchase and
the person from whom purchased, including a description of the
relationship, if any, between the owner of record or the applicant and
the person from whom the property was purchased, and any terms of
financing between the seller and buyer.
e. If the property is income producing, the annual gross income
from the property for the previous two (2) years.
f. Itemized operating and maintenance expenses for the previous
two (2) years; and depreciation deduction and annual cash flow
before and after debt service, if any, during the same period.
g. The remaining balance on any mortgage or other financing
secured by the property and annual debt service, if any, for the
previous two (2) years.
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16-10-9 16-10-9
h. All appraisals obtained within the previous two (2) years by
the owner or applicant in connection with the purchase, financing or
ownership of the property.
i. Any listing of the property for sale or rent, price asked and
offers received, if any, within the previous two (2) years.
j. The assessed value of the property according to the two (2)
most recent assessments.
k. The amount of real estate taxes for the previous two (2) years
and whether or not they have been paid.
I. The form of ownership or operation of the property, whether
sole proprietorship, for profit or not for profit corporation, limited
partnership, joint venture or other.
m. Any other information considered necessary by the commis-
sion to make a determination as to whether the property yields or
may yield any reasonable economic return to the property owner(s),
including, but not limited to, the income tax bracket of the owner(s)
or applicant(s) or of the principal investor(s) in the property.
n. Proof of the applicant's efforts to obtain financing, tax
incentives, preservation grants and other incentives sufficient to
allow the applicant to earn a reasonable and an economic return
from the property.
o. A showing of the applicant's efforts in ongoing maintenance
and repair.
3. Issuance Or Postponement Of Certificate: If the commission, after
review of the evidence submitted, finds that denial of the proposed
work would prevent the property owner from earning any reasonable
economic return from the property, the commission will:
a. Immediately issue a certificate of economic nonviability; or
b. At its discretion, postpone, for a period not to exceed one
hundred eighty (180) days, the issuance of a certificate of economic
nonviability. During this time, the commission will investigate
strategies for the property owner to earn a reasonable economic
return from the property. No regulated permit will be issued during
this time unless a certificate of appropriateness has been secured. If,
at the end of the one hundred eighty (180) day period, the commis -
July 2014
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16-10-9 16-10-9
sion, after a public meeting, finds that the property owner still cannot
earn any reasonable economic return from the property, it will issue
a certificate of economic nonviability.
4. Denial Of Certificate: If the commission finds, after initial review or
after the one hundred eighty (180) day period of postponement, that
the property owner has earned or is able to earn a reasonable
economic return from the property, then the commission will deny
the application for a certificate of economic nonviability.
K. The failure of the commission to approve or deny an application for a
certificate of appropriateness within sixty (60) days from the date of
the filing of the application for a certificate of appropriateness,
unless an extension is agreed upon mutually by the applicant and
the commission, constitutes approval, unless within such sixty (60)
days the commission has made a determination of economic non -
viability and has suspended its decision regarding a certificate of
economic nonviability pursuant to subsection J3b of this section.
L. The certificate of appropriateness expires and becomes null and void
unless the regulated permits are secured within sixty (60) days from
the date of its issuance.
M. All required permits must be secured and work must commence
within sixty (60) days from the date of the issuance of the certificate
of appropriateness and be completed within such time as the build-
ing official determines is reasonable under the circumstances, but
not longer than two (2) years after its issuance. The building official
may grant, in writing, one or more extensions of time, for periods not
to exceed one hundred eighty (180) days each. The extensions must
be requested in writing and justifiable cause for the extension must
be demonstrated. (Ord. 27-14, 3-17-2014)
N. The transfer of a determination of no material effect, a certificate of
appropriateness or a certificate of economic nonviability from one
structure, improvement or site to another structure, improvement or
site or from one person to another is prohibited. (Ord. 52-09,
10-19-2009)
O. Each determination of no material effect, certificate of appropriate-
ness or certificate of economic nonviability issued under the provi-
sions of this chapter expires and becomes null and void if the work
or activity for which the determination of no material effect,
certificate of appropriateness or certificate of economic nonviability
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16-10-9 16-10-10
was issued is not commenced within one year of its issuance. (Ord.
27-14, 3-17-2014)
16-10-10: STANDARDS FOR DESIGN REVIEW:
A. The commission considers each design review on the merits of the
individual case, with due deliberation given to each proposed
change(s) and its sympathetic relationship to the specific historic
setting, architectural or historic significance, extent of previous
alteration, use of original materials and quality of design of the
existing structure or site. Commission approval of a particular type of
alteration or activity does not establish a binding precedent for future
commission action, but may constitute an additional factor to be
considered in subsequent design reviews involving the same type of
alteration or activity.
B. The "secretary of interior's standards and guidelines for archaeology
and historic preservation", the "secretary of interior's standards and
guidelines for the treatment of historic properties", codified as 36
CFR 68, as amended, and the "secretary of the interior's standards
for rehabilitation and guidelines for rehabilitating historic buildings",
provide the guidelines by which the commission reviews an applica-
tion for a certificate of appropriateness or certificate of economic
nonviability, and any subsequent revisions of these standards and
guidelines by the secretary of the interior will be adopted by the
commission.
C. The commission shall also be guided by the "Architectural Guide-
lines For Historic Structures In The Historic Districts Of The City Of
Dubuque, Iowa"; the "Streetscape And Landscape Guidelines For
The Historic Districts Of The City Of Dubuque, Iowa"; and any design
standards specified in the ordinance or amendment designating the
landmark, landmark site or historic district.
D. The commission considers the factors of architectural style, scale,
mass, arrangement, texture, materials, and any other pertinent
factors. The proposed work must be appropriate for and must
restore, preserve, or enhance features of buildings or structures. The
proposed work shall not adversely affect the exterior architectural
features of the building or structure, nor shall the proposed work
adversely affect the character or special historical, architectural or
aesthetic value of the property and its setting. The proposed work
also must conform to such further standards as may be embodied in
the ordinance. (Ord. 28-14, 3-17-2014)
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16-10-11 16-10-11
16-10-11: CONSERVATION DISTRICTS:
A. Application Of Section: The provisions of this section apply to all
buildings located in whole or in part within the following described
conservation districts: (Ord. 29-14, 3-17-2014)
1. 4th Street Neighborhood Conservation District: Beginning at the
intersection of 7th and Bluff Streets, thence southerly along Bluff
Street to its intersection with West 5th Street; thence westerly along
West 5th Street to its intersection with the northerly extension of
Raymond Street; thence southerly along Raymond Street and its
northerly and southerly extensions to its intersection with West 3rd
Street; thence easterly along West 3rd Street to its intersection with
St. Mary's Street; thence southerly along St. Mary's Street to its
intersection with Emmett Street; thence easterly along Emmett Street
to its intersection with Bluff Street; thence southerly along Bluff
Street to its intersection with 1st Street; thence easterly along 1st
Street to its intersection with the alley between Bluff and Locust
Streets; thence northerly along the alley between Bluff and Locust
Streets to its intersection with West 5th Street; thence easterly along
West 5th Street to its intersection with Locust Street; thence
northerly along Locust Street to its intersection with 7th Street;
thence westerly along 7th Street to its intersection with Bluff Street
which is the point of beginning.
2. Fenelon Place Neighborhood Conservation District: Beginning at
the intersection of West 5th and Burch Streets, thence southerly
along Burch Street to its intersection with West 3rd Street; thence
easterly along West 3rd Street to its intersection with the southerly
extension of Raymond Street; thence northerly along Raymond
Street and its southerly and northerly extensions to its intersection
with West 5th Street; thence westerly along West 5th Street to its
intersection with Burch Street which is the point of beginning.
3. 3rd Street Neighborhood Conservation District: Beginning at the
intersection of West 3rd and Hill Streets thence southwesterly along
Hill Street to its intersection with Langworthy Street; thence
northwesterly along Langworthy Street to its intersection with Alpine
Street; thence northeasterly along Alpine Street to its intersection
with West 3rd Street; thence northwesterly along West 3rd Street to
its intersection with Nevada Street; thence northeasterly along
Nevada Street to its intersection with West 5th Street; thence
southeasterly along West 5th Street to its intersection with Alpine
Street; thence southerly along Alpine Street to its intersection with
Melrose Terrace; thence southeasterly along Melrose Terrace and its
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16-10-11 16-10-11
southeasterly extension to its intersection with Winona Street; thence
southwesterly along Winona Street to its intersection with West 3rd
Street; thence southeasterly along West 3rd Street to its intersection
with Hill Street which is the point of beginning.
(Ord. 52-09, 10-19-2009)
4. Washington Street Neighborhood Conservation District: Beginning
at the intersection of E. 22nd Street and Kniest Street, thence
southeasterly along Kniest Street to its intersection with Garfield
Avenue, thence southwesterly along Garfield Avenue to its inter-
section with the City alley located between Elm Street and Kniest
Street, thence southeasterly along the City alley to its intersection
with E. 18th Street, thence southwesterly along E. 18th Street to its
intersection with the City alley located between the Iowa Chicago
and Eastern Railroad right-of-way and Elm Street, thence south-
easterly along the City alley to its intersection with E. 17th Street,
thence northeasterly along E. 17th Street to its intersection with the
Iowa Chicago and Eastern Railroad right-of-way, thence south-
easterly along the Iowa Chicago and Eastern Railroad right-of-way to
its intersection with E. 16th Street, thence southwesterly along E.
16th Street to its intersection with Elm Street, thence southeasterly
along Elm Street to its intersection with E. 15th Street, thence
northeasterly along E. 15th Street to its intersection with the City
alley located between Elm Street and Pine Street, thence south-
easterly along the City alley located between Elm Street and Pine
Street to its intersection with E. 14th Street, thence southwesterly
along E. 14th Street to its intersection with the City alley located
between Elm Street and Pine Street, thence southeasterly along the
City alley located between Elm Street and Pine Street to its
intersection with E. 12th Street, thence southwesterly along E. 12
Street to its intersection with Elm Street, thence southeasterly along
Elm Street to its intersection with E. 11th Street, thence
southwesterly along E. 11th Street to its intersection with W. 11th
Street, thence southwesterly along W. 11th Street to its intersection
with the City alley located between Central Avenue and Iowa Street;
thence northwesterly along the City alley to its intersection with the
City Hall access driveway, thence southwesterly along the City Hall
access driveway to its intersection with Iowa Street, thence
northwesterly along Iowa Street to its intersection with Loras
Boulevard; thence northeasterly along Loras Boulevard to its
intersection with the City alley located between Iowa Street and
Central Avenue, thence northwesterly along the City alley to its
intersection with W. 17th Street, thence northeasterly along W. 17th
Street to its intersection with Heeb Street; thence northwesterly
along Heeb Street to its intersection with the northern boundary of
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16-10-11 16-10-11
Parcel #10-24-252-018; thence northeasterly along the northern
boundary of Parcel #10-24-252-018 to its intersection with the west
boundary of Parcel #10-24-252-017; thence northwesterly along the
west boundary of Parcel #10-24-252-017 to its intersection with the
south boundary of Parcel #10-24-252-015, thence northeasterly
along the south boundary of Parcel #10-24-252-015 to its inter-
section with the west boundary of Parcel #10-24-252-013, thence
northwesterly along the west boundary of Parcel #10-24-252-013 to
its intersection with Heeb Street, thence northwesterly along Heeb
Street to its intersection with Kaufmann Avenue, thence north-
easterly along Kaufmann Avenue to its intersection with 22nd Street
thence northeasterly along 22nd Street to its point of origin at the
intersection of E. 22nd Street and Kniest Street excluding the area
beginning at the intersection of E. 14th Street and Jackson Street,
thence southeasterly along Jackson Street to its intersection with E.
13th Street, thence southwesterly along E. 13th Street to its
intersection with White Street, thence northwesterly along White
Street to its intersection with E. 14th Street, thence northeasterly
along E. 14th Street to its point of origin at the intersection of E. 14th
Street and Jackson Street.
This subsection shall not apply to an application for a demolition
permit for properties being acquired and demolished for the Bee
Branch Creek restoration project. (Ord. 15-11, 2-22-2011)
5. Jackson Park Neighborhood Conservation District: Beginning at
the intersection of 14th Street and Central Avenue thence westerly
along 14th Street to its intersection with Iowa Street; thence
southerly along Iowa Street to its intersection with 10th Street;
thence westerly along 10th Street to its intersection with Bluff Street;
thence northerly along Bluff Street to its intersection with Locust
Street; thence northwesterly along Locust Street to its intersection
with Ellis Street; thence northerly along Ellis Street and its northerly
extension to its intersection with Clarke Drive; thence northwesterly
along Clarke Drive to its intersection with Paul Street; thence
northeasterly along Paul Street to its intersection with Lowell Street;
thence southeasterly along Lowell Street to its intersection with
North Main Street; thence southerly along North Main Street to its
intersection with Clarke Drive; thence southeasterly along Clarke
Drive and its southeasterly extension to its intersection with Central
Avenue; thence southerly along Central Avenue to its intersection
with 14th Street which is the point of beginning.
6. West 11th Street Neighborhood Conservation District: Beginning
at the intersection of 9th and Bluff Streets thence westerly along 9th
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16-10-11 16-10-11
Street to its intersection with University Avenue; thence westerly
along University Avenue to its intersection with Spruce Street;
thence northerly along Spruce Street to its intersection with West
11th Street; thence westerly along West 11th Street to its intersec-
tion with Walnut Street; thence northerly along Walnut Street to its
intersection with Loras Boulevard; thence westerly along Loras
Boulevard to its intersection with Cox Street; thence northerly along
Cox Street to its intersection with the westerly extension of West
16th Street; thence easterly along West 16th Street and its westerly
extension to its intersection with Montrose Terrace; thence northerly
along the northeasterly extension of Montrose Terrace to its inter-
section with West Locust Street; thence southeasterly along West
Locust Street to its intersection with Bluff Street; thence southerly
along Bluff Street to its intersection with 9th Street which is the point
of beginning.
7. Broadway Street Neighborhood Conservation District: Beginning at
the intersection of West 23rd Street and Central Avenue thence
westerly along West 23rd Street to its intersection with Lewis Street;
thence northwesterly along Lewis Street to its intersection with
Fulton Street; thence northerly along Fulton Street to its intersection
with King Street; thence easterly along King Street and its easterly
extension to its intersection with Central Avenue; thence southerly
along Central Avenue to its intersection with West 23rd Street which
is the point of beginning.
8. Downtown Neighborhood Conservation District: Beginning at the
intersection of White Street and 11th Street, thence southerly along
White Street to its intersection with 5th Street; thence easterly along
5th Street to its intersection with the railroad tracks; thence easterly
along the railroad tracks to their intersection with the Mississippi
River; thence southerly along the riverfront across the Ice Harbor to
the eastern terminus of 1st Street; thence westerly along 1st Street
to its intersection with U.S. Highway 61/151; thence southerly along
U.S. Highway 61/151 to its intersection with the Locust Street
Connector; thence westerly along the Locust Street Connector and
across Locust Street to Jones Street; thence westerly along Jones
Street to its intersection with Bissell Lane; thence northerly along
Bissell Lane extended to 1st Street; thence westerly along 1st Street
to its intersection with Bluff Street; thence northerly along Bluff
Street to its intersection with 5th Street; thence easterly on 5th
Street to its intersection with Locust Street; thence northerly on
Locust Street to its intersection with 7th Street; thence westerly on
7th Street to its intersection with Bluff Street; thence southerly on
Bluff Street to its intersection with 5th Street; thence westerly along
July 2014
City of Dubuque
16-10-11 16-10-11
5th Street to the bluff line; thence northerly along the bluff line to 9th
Street; thence easterly along 9th Street to its intersection with Bluff
Street; thence northerly along Bluff Street to its intersection with 10th
Street; thence easterly along 10th Street to its intersection with Iowa
Street; thence northerly along Iowa Street to its intersection with
14th Street; thence easterly along 14th Street to its intersection with
White Street, thence southerly along White Street to its intersection
with 13th Street, thence westerly along 13th Street to its intersection
with Central Avenue, thence southerly along Central Avenue to its
intersection with 11th Street, thence easterly along 11th Street to its
intersection with White Street, which is the point of beginning.
9. Brewery Conservation District: Lot 2-7 of Mineral Lot 322, Lot
1-1-3-8 of Mineral Lot 322, and Lot 2-1 of Liebe's Subdivision No. 3
in the City of Dubuque, Iowa.
(Ord. 52-09, 10-19-2009)
B. Process For Establishment, Expansion Or Alteration Of Conservation
District: Any person may request that the city council establish,
expand or alter a conservation district. The process for establish-
ment, expansion or alteration of a conservation district is as follows:
1. A written request for the establishment, expansion or alteration of
a conservation district must be submitted to the city clerk. At its next
regular meeting following receipt of the request by the city clerk, the
city council may approve or deny the request, set the request for
consideration at a subsequent meeting, set the request for a public
hearing, or refer the request to the commission for a recommenda-
tion before voting on the request.
2. At its next regular meeting, if a referral is made to it by the city
council, the commission will review the request, and make a recom-
mendation to the city council to approve or deny the request, or to
table the request for additional information for a specified period not
to exceed sixty (60) days. Failure of the commission to act on the
request within the sixty (60) day period, unless the applicant
requests and the commission grants an extension of such time,
constitutes commission approval thereof. The recommendation of the
commission will be transmitted to the city clerk. The city clerk will
promptly transmit the recommendation and the application to the city
council for its consideration. In determining whether to recommend
approval or denial of the request, the commission will consider
whether the proposed conservation district, or the expansion or
alteration of the district, has historic or architectural significance to
the community.
July 2014
City of Dubuque
16-10-11 16-10-11
3. At its next regular meeting following receipt of the recommenda-
tion of the commission by the city clerk, the city council will approve
or deny the request, or refer the nomination back to the commission
for modification. (Ord. 29-14, 3-17-2014)
C. Historic And Architectural Significance Guidelines And Review
Criteria:
1. The report, "Heritage Of Dubuque", dated March 1974, and filed
on record on January 27, 1975, shall be considered as a comprehen-
sive study for the historical preservation of the city and as one of the
guides to be considered at such time as a demolition permit is
applied for in a reference conservation district. The city of Dubuque's
historic property inventory and any subsequent official architectural/
historical surveys/evaluations and nominations to the national
register of historic places prepared for any buildings located within
the conservation districts described in subsection A of this section
also shall be considered as guidelines at such time.
2. In determining whether a building has historic or architectural
significance, the commission shall consider an application for a
demolition permit in accordance with the standards for review set
forth in the secretary of the interior's "standards for identification and
evaluation", and any subsequent revisions of these standards and
guidelines by the secretary of the interior. The commission shall also
consider a determination from the state historical preservation office
as to the potential eligibility for listing of the building proposed for
demolition on the national register of historic places.
D. Economic Guidelines And Review Criteria:
1. In determining whether to approve or deny the application, the
commission may consider the information set forth in this subsection.
The commission may also investigate strategies which would allow
the property owner to earn a reasonable economic return on the
property, may solicit expert testimony, and may require that the
applicant make submissions concerning any or all of the following
information:
a. A bid from a qualified contractor showing the cost of the
proposed demolition.
b. A report from a licensed engineer, architect or contractor with
experience in rehabilitation as to the structural integrity of any struc-
ture that the applicant proposes to demolish.
July 2014
City of Dubuque
16-10-11 16-10-11
c. An opinion of the market value and the appraised value of the
property by a realtor or appraiser: 1) in its current condition; 2) after
completion of the proposed demolition; 3) after renovation of the
existing property for continued use; and 4) all appraisals obtained
within the last five (5) years for the property.
d. An estimate from an architect, developer, real estate con-
sultant, appraiser or other real estate professional experienced in
rehabilitation of the cost: 1) to perform the repairs identified by the
building services department and the housing and community devel-
opment department if the structure contains one or more dwelling
units; and 2) to rehabilitate the structure.
e. The amount paid for the property, the date of purchase and
the person from whom the property was purchased, a description of
the relationship, if any, between the owner of record, the applicant
and the person from whom the property was purchased, and the
terms of the purchase or proposed purchase, including financing.
f. If the property is income producing, form 1040 schedule E or
equivalent for the previous two (2) years.
g. Itemized operating and maintenance expenses for the pre-
vious two (2) years, and the depreciation deduction and annual cash
flow before and after debt service, if any, during the same period.
h. The name of all mortgagees and the balance of all mortgages
or other financing secured by the property and annual debt service, if
any, for the previous two (2) years.
i. Any listing of the property for sale or rent, the price asked and
offers received, if any, within the previous five (5) years.
July 2014
City of Dubuque
16-10-11 16-10-11
j. The assessed value of the property for the previous two (2)
assessment years.
k. The amount of real estate taxes assessed for the previous two
(2) assessment years and whether or not they have been paid.
1. Any other information considered necessary by the city council
to make a determination as to whether the property does or may
yield a reasonable economic return to the property owner(s).
m. A statement of the applicant's efforts to obtain financing, tax
incentives, preservation grants and other incentives sufficient to
allow the applicant to earn a reasonable economic return from the
property in its current condition, and after renovation of the existing
property for continued use.
n. A statement of the applicant's current maintenance and repair
activities.
2. If the application is for any building with one or more dwelling
units, the housing and community development department may also
make submissions concerning any or all of the above information,
including strategies which would allow the property owner to earn a
reasonable economic return on the property. The commission shall
consider such information.
E. Guidelines And Review Criteria For Applications By State Or Political
Subdivision Of State:
1. In determining whether to approve or deny the application, the
commission may consider the information set forth in this subsection
and any other information the commission considers relevant to
balancing any conflicting governmental interests.
2. The commission may require that the applicant make submissions
concerning any or all of the following information for the proposed
site and suitable alternative location(s):
a. Fair market value of property.
b. Estimate of the cost of the proposed demolition, including
hazardous material removal and remediation.
c. Fair market value of any property owned by the governmental
body that could be sold if that site is not chosen for the project.
City of Dubuque
16-10-11 16-10-11
d. Property tax impact of removing private property from the tax
rolls at the proposed location and all alternative locations.
e. Any other factors that contribute to making one location more
suitable than others for the proposed use.
f. Any other information appropriate to evaluating how all
conflicting governmental interests may be accommodated.
g. The need for the use in question, the effect on neighboring
property, and the environmental impact of the proposed use.
F. Action: If the commission fails to take action to approve, deny or
withhold action on the application within the ninety (90) day period,
or such extension as requested by the applicant, the building official
shall issue the permit forthwith.
G. Process For Establishment, Expansion Or Alteration Of Conservation
District: Any person may make a request to the city council for
establishment, expansion or alteration of a conservation district. The
process for establishment, expansion or alteration of a conservation
district shall be as follows:
1. A written request for the establishment, expansion or alteration of
a conservation district shall be submitted to the city clerk. At its next
regular meeting following receipt of the request by the city clerk, the
city council may approve or deny the request, set the request for
consideration at a subsequent meeting, set the request for a public
hearing, or refer the request to the commission for a
recommendation before voting on the request.
a. If the city council considers the request at a public hearing, a
notice of the date, time and location of the hearing shall be
published in accordance with Iowa Code section 362.3.
b. The city council may also direct the city clerk to mail a notice
of the date, time and location of the meeting at which the city council
will consider the request to the property owners of record in the
district.
c. If the city council refers the request to the commission, the
city council may also direct the secretary of the commission to mail a
notice of the date, time and location of the meeting at which the
commission will consider the request to the property owners of
record in the district.
City of Dubuque
16-10-11 16-10-11
2. At its next regular meeting, if a referral is made to it by the city
council, the commission shall review the request, and make a
recommendation to the city council to approve or deny the request,
or to table the request for additional information for a specified
period not to exceed sixty (60) days. A failure of the commission to
take action on the request within the sixty (60) day period, unless the
applicant requests and the commission grants an extension of such
time, shall constitute commission approval thereof. The recommen-
dation of the commission shall be transmitted to the city clerk. The
city clerk shall promptly transmit the recommendation and the
application to the city council for its consideration. In determining
whether to recommend approval or denial of the request, the com-
mission shall consider whether the proposed conservation district, or
the expansion or alteration of the district, has historic or architectural
significance to the community.
3. At its next regular meeting following receipt of the recommen-
dation of the commission by the city clerk, the city council shall
approve or deny the request.
H. Demolition By Neglect Prohibited: The owner of a building or struc-
ture in any conservation district shall preserve and keep in good
repair all of the exterior portions of such buildings and structures and
all interior portions thereof whose maintenance is necessary to
prevent deterioration and decay of any exterior portion. This shall be
in addition to all other provisions of law requiring property and
improvements to be kept in good repair. The owner shall repair the
building or structure to correct any of the following defects as
determined by the building official:
1. Parts which are improperly or inadequately attached so that they
may fall and injure persons or property;
2. A deteriorated or inadequate foundation;
3. Defective or deteriorated floor supports or floor supports that are
insufficient to carry the loads imposed;
4. Walls, partitions, or other vertical supports that split, lean, list, or
buckle due to defect or deterioration or are insufficient to carry the
load imposed;
5. Ceilings, roofs, ceiling or roof supports, or other horizontal
members which sag, split, or buckle, due to defect or deterioration or
are insufficient to support the load imposed;
City of Dubuque
16-10-11 16-10-12
6. Fireplaces and chimneys which list, bulge, or settle due to defect
or deterioration or are of insufficient size or strength to carry the
loads imposed;
7. Deteriorated, crumbling, or loose exterior stucco or mortar;
8. Deteriorated or ineffective waterproofing of exterior walls, roofs,
foundations, or floors, including broken windows and doors;
9. Defective or lack of weather protection for exterior wall coverings,
foundations, or floors, including broken windows and doors;
10. Any default, defect, or condition in the structure which renders it
structurally unsafe or not properly watertight;
11. Deterioration of any exterior feature so as to create a hazardous
condition which could make demolition necessary for the public
safety;
12. Deterioration or removal after the effective date hereof of any
unique architectural feature which would detract from the original
architectural style;
13. Deterioration of exterior stairs, porches, handrails, window and
door frames, cornices, wall facings, and architectural details that
cause instability, loss of shape and form, or crumbling;
14. Rotting, holes, and other forms of decay; or
15. Leaving a building or structure open or vulnerable to vandalism,
decay by the elements, or animal and/or insect infestation. (Ord.
52-09, 10-19-2009)
16-10-12: CONSERVATION PLANNING AREAS: At the request of the
city council, the commission shall conduct studies and
encourage special attention to the public planning, design, construction,
and maintenance needs with respect to land use, transportation, public
utilities, public facilities, housing, open space, historic preservation, urban
design, and other elements of the comprehensive plan in the following
conservation planning areas:
A. Phase I Historic And Architectural Survey Area: An area located in
the Washington/Jackson/Elm Street area north of the central busi-
ness district in the Couler Valley, which consists primarily of the
City of Dubuque
16-10-12 16-10-13
Central Avenue, White Street, Jackson Street, Washington Street,
Elm Street, Pinard Street, and Kniest Street corridors between 8th
and 26th Streets.
B. Phase II Historic And Architectural Survey Area: An area northeast
of the original plat of the city of Dubuque with two (2) distinct
subareas: the Rhomberg/Eagle Point neighborhood which consists
primarily of three (3) streets (Garfield, Rhomberg and Lincoln)
running northeast and southwest from Kniest Street to Eagle Point
area; and, the Linwood district, which consists of streets located on
the hillside between 22nd Street and Linwood cemetery, from Queen
Street to Jefferson Middle School.
C. Warehouse District: The area encompassed by 12th Street on the
north, White Street on the west, and U.S. 61/151 on the east. (Ord.
52-09, 10-19-2009)
16-10-13: APPEALS FROM COMMISSION ACTION:
A. An aggrieved party may appeal the commission's action to the city
council by filing a notice of appeal with the planning services
department within thirty (30) days from the date of notice of the
commission's action.
B. Upon filing of a notice of appeal, the planning services department
shall immediately transmit such notice and the record of the action
before the commission to the city clerk.
C. On appeal, the city council shall consider only the record of the
action before the commission. No new matter may be considered.
D. The city council shall consider whether the commission has
exercised its powers and followed the guidelines established by law
and this chapter, and whether the commission's action was patently
arbitrary or capricious.
E. The city council may affirm or reverse the commission's action, or
may refer the matter back to the commission for such further action
as may be appropriate. The city clerk shall give written notice of the
city council's decision on appeal within seven (7) days of the city
council's decision to the appellant and the historic preservation
commission.
City of Dubuque
16-10-13 16-10-15
F. An appellant who is not satisfied by the decision of the city council
may appeal within sixty (60) days of the city council's decision to the
district court for Dubuque County, pursuant to Iowa Code section
303.34. (Ord. 52-09, 10-19-2009)
16-10-14: INSPECTION:
A. After a certificate of appropriateness or certificate of economic
nonviability has been issued and a regulated permit granted to the
applicant, the building official, city engineer or other local authority
may from time to time inspect the work authorized and shall take
such action as is necessary to enforce compliance with the approved
plans.
B. Historic preservation commissioners may from time to time inspect,
from the public way, the work authorized and shall advise the
building official or other enforcement authority as necessary to
enforce compliance with the approved plans. (Ord. 52-09,
10-19-2009)
16-10-15: VIOLATIONS; PENALTIES: It shall be unlawful for any
person to disobey, omit, neglect or refuse to comply with any
provision of this chapter, and such person shall be subject to the provisions
of sections 1-4-1 and subsections 1-4-2A through C of this code. (Ord.
52-09, 10-19-2009)
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 Tots, 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, 2015, except for the property within the final plat of
Siegert's Place Fifth Addition or where a vested right to the issuance
of such approval accrued prior to the effective date hereof. (Ord.
6-15, 1-20-2015)
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)
June 2015
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
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 2014
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, 2015, except where a vested right to the issuance
of such approval accrued prior to the effective date hereof. (Ord.
41-14, 6-16-2014)
Notwithstanding the foregoing, the city council may approve a pro-
posed 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)
16-13-3: SITE DEVELOPMENT REQUIREMENTS:
16-13-3-1: SITE LIGHTING:
A. The following site features shall be illuminated by an exterior Tight
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;
3. All exterior lighting luminaries shall be designed and installed to
shield light 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 2014
City of Dubuque
-B- -B-
BICYCLES (cont.)
Bicycle Dealers And Repair Shops 7-7-37
Bicycle In Crosswalk 7-7-18
Bicycle Not To Pass In Or Between Lanes 7-7-16
Bicycle Parking 7-7-10
Bicycle Parking Required 16-14-9
Bicycle Records 7-7-32
Bicycle To Be Driven To The Right 7-7-11
Bicycle Turn Signals 7-7-12
Bicycles; Motor Vehicles And Traffic 9-1-321.2C
Clinging To Vehicles 7-7-8
Definitions 7-7-5
Equipment 7-7-6
Following Fire Apparatus 7-7-9
Intent And Purpose 7-7-1
Left Turns By Bicycles 7-7-13
Parking Lot Provisions For Bicycle Parking 16-13-3-5-1
Passing On Right 7-7-14
Passing Within Lane Prohibited 7-7-15
Reckless Operator Of A Bicycle 7-7-20
Registration Fees 7-7-31
Registration Required 7-7-30
Registration Sticker Or Decal 7-7-33
Rental Agencies 7-7-36
Replacement Of Registration Sticker Or Decal 7-7-34
Required Method Of Riding A Bicycle 7-7-7
Riding Abreast 7-7-17
Violation 7-7-38
BOARD OF LIBRARY TRUSTEES
Annual Reports 2-7-7
Charge Of Building, Donations 2-7-6
Compensation 2-7-3
Composition 2-7-1
Eligibility For Membership 2-7-2
Powers And Duties Generally 2-7-5
Terms Of Members; Filling Of Vacancies 2-7-4
BOARDS AND COMMISSIONS
Airport Commission 12-4
Airport Zoning Board Of Adjustment 12-6
Airport Zoning Commission 12-5
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
Electrical Code Board 14-1D-3
June 2015
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
June 2015
City of Dubuque
-B- -B-
BUILDING AND DEVELOPMENT (cont.)
Building Construction, Demolition And Moving 14-2
Condominium Conversions And Transfers To Multiple
Housing Cooperative 14-7
Dangerous Buildings 14-3
Erosion And Sediment Control 14-12
Exterior Storage Containers And Storage Trailers 14-8
Flood Areas 14-11
Historic Buildings 14-5
Historic Preservation 16-10
Licensing Of Vacant And/Or Abandoned Buildings
Definitions 14-4-1
Fees 14-4-4
Inspections 14-4-6
Registration 14-4-3
Relationship Of License To Other Codes 14-4-10
Renewal Licenses 14-4-7
Renewal, Penalty For Failure To Renew License 14-4-8
Revocation, Reinstatement Measures 14-4-9
Terms Of Licenses 14-4-5
Vacant And/Or Abandoned Building License ......... 14-4-2
Signs 16-15
Solar Thermal Licenses 14-13
Solar Thermal System Permits And Inspections 14-14
Swimming Pools 14-9
BUILDING CODE AND REGULATIONS
Demolition Permits In Conservation Districts 14-1A-4
Exterior Security And Appearance Of Buildings 14-1A-5
International Building Code Adopted 14-1A-1
International Building Code Amendments 14-1A-2
Permit Issuance Prohibited During Consideration Of Zoning
Reclassification Or Zoning Or Subdivision Text
Amendments 14-1A-3
BUILDING CONSTRUCTION, DEMOLITION AND MOVING
Application For Permit 14-2-2
Fees 14-2-5
Insurance Requirements 14-2-7
Moratorium For Construction Or Other Work On Certain
Streets, Areas Or Facilities 14-2-4
Permit Issuance; Generally 14-2-3
Permit Required 14-2-1
Special Provisions 14-2-6
Special Requirements 14-2-8
BURNING RESTRICTIONS 6-9-2
April 2013
City of Dubuque
BUSINESS AND LICENSE REGULATIONS
Adult Entertainment Establishments 4-8
Business Licenses Generally 4-1
Central Market 4-4
Excursion Boat Admission Fees 4-3
Liquor Control 4-2
Alcoholic Beverages 4-2A
Liquor, Beer And Wine Licenses And Permits 4-2B
Pawnbrokers And Secondhand Dealers; Junk And Auto
Salvage Dealers 4-6
Junk Dealers And Auto Salvage Dealers 4-6B
Pawnbrokers And Secondhand Dealers 4-6A
Vehicles For Hire And Public Transportation 4-7
Motorized Vehicles For Hire 4-7B
Nonmotorized Vehicles 4-7A
BUSINESS LICENSES GENERALLY
Application For License 4-1-2
Effect Of Chapter 4-1-9
Issuance Of License 4-1-3
License Required 4-1-1
License Suspension Or Revocation 4-1-8
Proration Of License Fee 4-1-5
Record Of Licenses 4-1-4
Refund Of Fee Prohibited; Exception 4-1-6
Transferability; Changes In Location 4-1-7
C
CABLE RIGHT OF WAY REGULATIONS
Administration 11-2-16
Audits 11-2-17
Authority 11-2-6
Authorization Required 11-2-8
Bond Or Letter Of Credit 11-2-19
Business License 11-2-14
Cable Communications
Construction Standards 11-2A-8
Consumer Protection 11-2A-11
Definitions 11-2A-6
Delegation Of Powers 11-2A-5
Franchise Fee 11-2A-13
Further Findings And Purpose 11-2A-2
Goals 11-2A-3
Grant Of Franchise 11-2A-7
Insurance 11-2A-15
April 2013
City of Dubuque
-c- -c-
CABLE RIGHT OF WAY REGULATIONS (cont.)
Intent 11-2A-4
Interference With Public Projects 11-2A-10
Performance Guarantees And Penalties 11-2A-17
Rate Regulation 11-2A-12
Recourse Against City Limited 11-2A-20
Reports And Records; Cable 11-2A-16
Rights Of Individuals Protected 11-2A-19
System Tests And Inspections 11-2A-14
Title 11-2A-1
Transfers 11-2A-18
Use Of Public Property 11-2A-9
Construction Standards 11-2-9
Definitions 11-2-5
Enforcement 11-2-21
Indemnification 11-2-22
Insurance 11-2-20
Legislative Findings 11-2-2
Open Video Systems
Applicability Of Chapter 11-2B-1
Application For Open Video System Authorization 11-2B-2
Fee In Lieu Of Franchise Fee 11-2B-3
Public, Educational And Governmental Access
Obligations 11-2B-4
Right Of Way Usage 11-2B-5
Placement Of Facilities 11-2-10
Purposes 11-2-3
Reimbursement Of Costs 11-2-15
Relocation Of Facilities 11-2-11
Reports And Records 11-2-18
Reservation Of Rights; Police Power 11-2-7
Restoration 11-2-12
Rules Of Construction 11-2-4
Severability 11-2-23
Title 11-2-1
Work Permits 11-2-13
CABLE TELEVISION
Cable Franchise Agreement
Channels And Facilities For Public, Educational And
Governmental Use 11-3A-6
Definitions 11-3A-1
Exhibit A; Acceptance Of Franchise By Grantee 11-3A-11
Exhibit B; I -Net Site List 11-3A-12
Franchise Fee 11-3A-7
Grant Of Authority; Limits And Reservations 11-3A-2
Liabilities 11-3A-8
April 2012
City of Dubuque
CABLE TELEVISION (cont)
Miscellaneous Provisions 11-3A-10
Performance Guarantees And Remedies 11-3A-9
Provision Of Cable Service 11-3A-4
System Facilities, Equipment And Services 11-3A-5
Transfers 11-3A-3
Cable Services Customer Service Standards
Application Of Provisions 11-3E-2
Complaints 11-3E-5
Conflict 11-3E-4
Enforcement Agency 11-3E-3
Federal Communications Commission Customer
Service Obligations Adopted 11-3E-1
Violation 11-3E-6
Rates And General Regulations
Authority 11-3D-1
Definitions 11-3D-2
Misappropriation Of Cable Services 11-3D-7
Monthly Subscriber Rates And Charges 11-3D-5
Rate Setting 11-3D-6
Refunds For Cancellations 11-3D-4
Subscriber Payments 11-3D-3
CABLE TELEVISION COMMISSION
Commission Created 2-11-1
Compensation 2-11-11
Internal Organization And Rules 2-11-3
Meetings 2-11-10
Membership 2-11-5
Oath 2-11-6
Officers/Organization 2-11-9
Powers 2-11-13
Procedures For Operation 2-11-4
Purpose 2-11-2
Removal 2-11-12
Term 2-11-7
Vacancies 2-11-8
CARELESS DRIVING 9-7-321.277A
CATS (See Also ANIMAL CONTROL) 7-6B
CENTRAL MARKET
Display Permit Restricted To Central Market Area 4-4-5
Farmers' Market; Display Of Merchandise 4-4-2
Inspection; Confiscation Of Food Unfit For Consumption 4-4-9
Market Area Delineated 4-4-1
Market Master Designated; Duties Generally 4-4-7
Market Stalls Established; Issuance Of Permits 4-4-3
Restricted Parking In Central Market 4-4-4
April 2012
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
CITY CLERK AND ASSISTANT CITY CLERK 1-7-5
CITY CODE (See Also DUBUQUE CITY CODE) 1-1
CITY COUNCIL (See Also MAYOR AND CITY COUNCIL) 1-6
CITY MANAGER 1-7-4
CITY OFFICERS AND EMPLOYEES (See Also OFFICERS AND
EMPLOYEES, CITY) 1-7
CIVIC CENTER ADVISORY COMMISSION
Administrative And Other Policies; Applicability 2-4-16
Attendance At Meetings 2-4-8
Commission Created 2-4-1
Compensation 2-4-9
Duties And Responsibilities 2-4-4
Duties Of Officers 2-4-11
Internal Rules And Regulations 2-4-15
Meetings 2-4-12
Membership; Appointment 2-4-6
Minutes Filed With City Clerk 2-4-14
Organization; Election Of Officers 2-4-10
Programs, Projects And Services 2-4-5
Purposes, Objectives Generally 2-4-2
Quorum And Voting 2-4-13
Specific Purposes 2-4-3
Vacancies In Membership 2-4-7
CIVIL RIGHTS, ENFORCEMENT OF (See Also HUMAN
RIGHTS) 8-4
CIVIL SERVICE COMMISSION
Applicability; Compliance With Statutes 2-2-1
Appointment; Term 2-2-4
Chairperson; Clerk 2-2-6
Commission Created 2-2-2
Compensation 2-2-5
Conduct Of Examinations; Certification Of Qualified Persons 2-2-10
Council To Furnish Meeting Room, Equipment, Recorder 2-2-7
Examination Of Applicants 2-2-9
Procedure For Conduct Of Hearing Appeals 2-2-11
Qualifications Generally 2-2-3
Record Of Meetings And Personnel 2-2-8
January 2015
City of Dubuque
CLERK, CITY 1-7-5
CODES, STATE STATUTES ADOPTED
Building Codes 14-1A-1
Cable Customer Service Obligations, State Statute 11-3E-1
Electrical Code 14-1D-1
Energy Conservation Code 14-1C-1
Federal Aviation Regulations 12-2-2
Food And Consumer Safety, State Administrative Code 6-2-1
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 12-4-11
Airport Zoning Board Of Adjustment 12-6-11
Airport Zoning Commission 12-5-11
Arts And Cultural Affairs Advisory Commission 2-8-11
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
Environmental Stewardship Advisory Commission 2-6-11
Historic Preservation Commission 16-10-3G
Housing Commission 2-5B-5
Mayor 1-6-2
Park And Recreation Advisory Commission 10 -5A -2H
Transit Advisory Board 5-1-11
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
January 2015
City of Dubuque
-H- -H-
HOTEL AND MOTEL TAX
Definitions 3-3-1
Levy 3-3-2
Payment 3-3-3
HOUSING AGENCY AND COMMUNITY DEVELOPMENT
COMMISSION 2-5
Community Development Advisory Commission
Commission Created; Composition 2-5C-1
General Duties And Responsibilities 2-5C-4
Grievance Procedure; Review Standards; Appeal
Process 2-5C-5
Organization 2-5C-3
Procedures For Operations 2-5C-6
Term; Filling Of Vacancies; Compensation 2-5C-2
Housing Commission
Commission Created 2-5B-1
Compensation 2-5B-5
Internal Organization And Rules 2-5B-6
Meetings 2-5B-4
Membership; Vacancies; Qualifications 2-5B-3
Procedures For Operations 2-5B-7
Purpose; Approval Of Proposals 2-5B-2
Trust Fund Advisory Committee
Committee Established; Membership; Functions 2-5D-6
Financial Management 2-5D-3
Funding 2-5D-5
Iowa Finance Authority State Housing Trust Fund
Program 2-5D-7
Purpose 2-5D-2
Trust Fund Administration 2-5D-4
Trust Fund Established 2-5D-1
HOUSING COMMISSION 2-5B
HOUSING REGULATIONS
Definitions 6-6-2
Enforcement 6-6-3
Enforcement Of Order Of City Manager 6-6-5
Housing Code Appeals Board 6-6-8
Housing Standards 6-6-10
Inspection Of Properties Owned By Priority Category 6-6-13
Licenses And Inspections 6-6-7
Notices And Orders 6-6-4
Performance Of Work To Repair Or Demolish; Other Costs 6-6-6
Priority Category 6-6-11
Procedure For Hearing Appeal 6-6-9
Procedure For Hearing Appeal Of Priority Category Status 6-6-12
Title; Legislative Findings; Purposes; Scope 6-6-1
November 2011
City of Dubuque
-H- -H-
HUMAN RIGHTS
Definitions; General Provisions
Definitions 8-1-1
Enforcement Of Civil Rights
Amendments Of Complaints 8-4-2
Commission Orders 8-4-6
Commission Proceedings Upon Failure To Reach
Settlement By Conciliation 8-4-5
Commission Staff Proceedings On Complaints 8-4-4
Filing Complaints 8-4-1
Judicial Review; Enforcement Actions 8-4-9
Provisional Remedies 8-4-8
Release From Administrative Process; Alternative
Judicial Proceedings Upon Complaints 8-4-7
Rule Of Construction 8-4-10
Time Limitation For Filing Complaint 8-4-3
Fair Housing
Administrative Enforcement; Preliminary Matters 8-5-6
Cooperation With State And Federal Agencies 8-5-14
Definitions 8-5-1
Disclaimer Of Preemptive Effect 8-5-17
Discrimination In Provision Of Brokerage Services 8-5-5
Discrimination In Residential Real Estate Related
Transactions 8-5-4
Enforcement By City Attorney's Office 8-5-13
Enforcement By Commission 8-5-9
Enforcement By Private Persons 8-5-12
Exemptions 8-5-3
Interference, Coercion Or Intimidation; Enforcement By
Civil Action 8-5-15
Judicial Review 8-5-11
Probable Cause Determination And Effect 8-5-7
Prohibitions 8-5-2
Review By Commission; Service Of Final Order 8-5-10
Subpoenas; Giving Of Evidence 8-5-8
Violations; Bodily Injury; Death; Penalties 8-5-16
Human Rights Commission
Appointment; Terms; Filling Of Vacancies 8-2-3
City Policies Applicable To Commission Operations 8-2-13
Compensation 8-2-5
Composition 8-2-2
Confidentiality Of Complaints 8-2-11
Created 8-2-1
Meetings 8-2-8
Officers 8-2-4
Powers And Duties 8-2-12
Quorum 8-2-9
Records To Be Public; Exceptions 8-2-10
November 2011
City of Dubuque
LIQUOR CONTROL (cont.)
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
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 Tem 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
January 2015
City of Dubuque
-M- -M-
MAYOR AND CITY COUNCIL (cont.)
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
MECHANICAL CODE
Fees 14-1F-3
International Mechanical Code Adopted 14-1F-1
International Mechanical Code Amendments 14-1 F-2
MEETINGS
Airport Commission 12-4-10
Airport Zoning Board Of Adjustment 12-6-10
Airport Zoning Commission 12-5-10
Arts And Cultural Affairs Advisory Commission 2-8-10
Cable Television Commission 2-11-10
City Council 1-6A-3
Civil Service Commission 2-4-12
Environmental Stewardship Advisory Commission 2-6-10
Historic Preservation Commission 16-10-4
Housing Commission 2-5B-4
Investment Oversight Advisory Commission 2-3-10
Long Range Planning Advisory Commission 15-2-4B
Park And Recreation Advisory Commission 10-5A-2
Transit Advisory Board 5-1-10
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
MISDEMEANOR (See Also GENERAL PENALTY, CITY CODE) 1-4
January 2015
City of Dubuque
-o- -o-
OFFENSES
Crime Property
Definitions 7-5C-1
Effect Of Notice 7-5C-7
Notice 7-5C-5
Preenforcement Procedure 7-5C-3
Procedure For Enforcement 7-5C-4
Service Of Notice 7-5C-6
Specified Crime Property Prohibited 7-5C-2
Drug Paraphernalia
Drug Paraphernalia Defined 7-5B-1
Prohibited Acts 7-5B-2
Sniffing Glue Or Other Chemical Substances 7-5B-4
Under The Influence Of Controlled Substance 7-5B-3
General Offenses
Advertising Materials; Billposting; Littering 7-5A-5
Aggressive Panhandling Prohibited 7-5A-17
Criminal Mischief 7-5A-12
Defacing Notices 7-5A-6
Disorderly Conduct 7-5A-1
False And Fraudulent Reports 7-5A-3
False Representation Of Records Or Processes 7-5A-4
Hunting And Target Practice Permitted 7-5A-16
Loitering For Illegal Purposes 7-5A-7
Offenses Relating To Officers And Employees 7-5A-2
Professional Boxing Elimination Tournaments 7-5A-13
Public Urination Or Defecation 7-5A-9
Ringing Of Bells Or Gongs 7-5A-8
Tobacco Products To Underage Persons 7-5A-15
Unauthorized Computer Access 7-5A-11
Underage Persons Entering Gambling Facilities 7-5A-14
Unlawful Assembly 7-5A-18
Weapons, Firearms And Fireworks 7-5A-10
Parental Responsibility
Definitions 7-5D-1
Penalties 7-5D-4
Reasonable Control Over Minor 7-5D-2
Violation 7-5D-3
Social Host Responsibility
Affirmative Defense 7-5E-6
Definitions 7-5E-2
Enforcement 7-5E-9
Evidence Of Possession And Consumption 7-5E-7
Exemption 7-5E-5
Penalties 7-5E-8
Prohibited Acts 7-5E-4
June 2015
City of Dubuque
-0- -P-
OFFENSES (cont.)
Purpose 7-5E-1
Severability 7-5E-10
Social Host Duties 7-5E-3
OFFICE ZONING DISTRICTS 16-5-7, 16-5-8, 16-5-9
OFFICERS AND EMPLOYEES, CITY
Bonds Of Officers And Employees 1-7-1
City Attorney 1-7-6
City Clerk And Assistant City Clerk 1-7-5
City Manager 1-7-4
Deposits Of City Funds 1-7-2
Finance Director -City Treasurer 1-7-7
Offenses Relating To Officers And Employees 7-5A-2
Transfer Of Records And Property To Successor 1-7-3
OPEN VIDEO SYSTEMS (See Also CABLE RIGHT OF WAY
REGULATIONS) 11-2B
ORDINANCES AND RESOLUTIONS
Effect Of Repeal Of Ordinance 1-6A-2
Ordinances, Resolutions And Motions 1-6A-12
P
PARADES, ASSEMBLIES AND SPECIAL EVENTS
Assemblies 10-4-2
Definitions 10-4-1
Parades And Special Events 10-4-3
Private Property 10-4-4
PARKING REGULATIONS 9-14-321.600 — 9-14-321/44
PARKS AND RECREATION
Administration
Park And Recreation Advisory Commission 10-5A-2
Park Rangers 10-5A-1
Specific Parks, Open Spaces And Trails
Specific Park Areas, Open Spaces, And Trails
Described 10-5C-1
Use Regulations
Climbing On Fences, Roofs 10-5B-13
Compliance With Motor Vehicle Laws, Ordinances 10-5B-20
Definitions 10-5B-1
Dogs, Cats And Other Domestic Animals 10-5B-4
Fires 10-5B-17
Horsedrawn Vehicles, Riding Of Animals Restricted 10-5B-3
Interfering With Animals 10-5B-7
Intoxicating Beverages 10-5B-2
June 2015
City of Dubuque
PARKS AND RECREATION (cont.)
Loosening Stones From Bluffs Prohibited 10-5B-18
Meetings And Gatherings 10-5B-16
Moving Benches And Tables 1O -5B-14
Obstructions 10-5B-9
Open Season And Hours Generally 1O -5B-22
Possession Of Firearms, Weapons And Fireworks 10-5B-12
Posting Bills, Notices Or Signs 10 -5B -1O
Removal Of Unattended Vehicles Left After Closing
Hours 1O -5B-21
Sales Restricted 10-5B-11
Sledding And Other Snow Activities Prohibited 10-5B-23
Throwing Stones Or Other Missiles 1O -5B-6
Unlawful Deposits 10-5B-8
Use Of Spotlights, Searchlights 10-5B-15
Walking On Grass 1O -5B-5
Washing Vehicles 10-58-19
PAWNBROKERS AND SECONDHAND DEALERS; JUNK AND
AUTO SALVAGE DEALERS
Junk Dealers And Auto Salvage Dealers
Application Contents 4-6B-5
Definitions 4-0B-1
Oenia|, Suspension Or Revocation Of License 4-6B-9
Display Of License 4-6B-7
Exemptions From Article 4-6B-8
Inspection 4-0B-13
Investigation Of Applicant And Premises 4-0B-6
License 4-6B-3
Penalties 4-0B-2
Persons Eligible 4-6B-4
Prohibited Acts 4-6B-11
Purchases Or Donation Transactions 4-6B-12
Required Records 4-8B-10
Screening Requirements For Junk And Saivage
Operations 4-6B-14
Pawnbrokers And Secondhand Dealers
Application Contents 4-6A-5
Definitions 4-6A-1
Oenie|, 8uspnnsion, Or Revocation Of License 4-0Ar1O
Display Of License 4-6A-8
Exemptions From Article 4-6A-9
Inspection 4-6A-13
Investigation Of Applicant And Premises 4-0A-6
License 4-0A-3
Penalties 4-6A-2
Persons Eligible 4-6A-4
June 2015
City of Dubuque
-P- -P-
PAWNBROKERS AND SECONDHAND DEALERS; JUNK AND
AUTO SALVAGE DEALERS (cont.)
Prohibited Acts 4-6A-12
Proof Of Financial Responsibility 4-6A-7
Required Records 4-5A-11
PAYDAY LENDING ESTABLISHMENTS (See also UNIFIED
DEVELOPMENT CODE) 16-7-5
PEDESTRIANS' RIGHTS AND DUTY 9-8-321.326 — 9-8-321.333
PENALTY, GENERAL (See Also GENERAL PENALTY, CITY
CODE) 1-4
PLANNING AND ZONING
Comprehensive Plan
Community Planning Defined 15-1-3
Comprehensive PIan Defined 15-1-1
Elements Of Comprehensive Plan 15-1-2
Long Range Planning Advisory Commission
Commission Created; Compostion 15-2-1
Organization; Meetings 15-2-4
Powers 15-2-3
Procedures For Operations 15-2-5
Term Of Office 15-2-2
Unified Development Code Title 16
PLUMBING CODE
Backflow Prevention Requirements For
Existing Water Services 14-1H-5
New Residential Construction 14-1H-4
Inspection Fees 14-1H-6
International Plumbing Code Adopted 14-1H-1
International Plumbing Code Amendments 14-1H-2
Licensure And Certification 14-1H-3
POLICE DEPARTMENT
Fees For Police Department Services 7-1-1
POL|CE, FIRE AND PUBLIC SAFETY
Alarm System Permits 7-4
Animal Control 7-6
Dangerous Animals 7-6O
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
June 2015
City of Dubuque
-u- -u-
UNIFIED DEVELOPMENT CODE (cont)
Establishment Of Floodplain Overlay Districts 16-6-4-9
Establishment Of Official Floodplain Zoning Map 16-6-4-3
FF Floodway Fringe Overlay District 16-6-4-11
FP General Floodplain Overlay District 16-6-4-12
FW Floodway Overlay District 16-6-4-10
Floodplain Overlay District Administration 16-6-4-13
Interpretation 16-6-4-7
Lands To Which Regulations Apply 16-6-4-2
Purpose 16-6-4-1
Rules For Interpretation Of District Boundaries 16-6-4-4
Warning And Liability Disclaimer 16-6-4-8
Zoning Board Of Adjustment Action Authorized 16-6-4-14
HI Heavy Industrial District 16-5-19
Accessory Uses 16-5-19-3
Bulk Regulations 16-5-19-7
Conditional Uses 16-5-19-2
Parking 16-5-19-5
Principal Permitted Uses 16-5-19-1
Signs 16-5-19-6
Temporary Uses 16-5-19-4
Historic Preservation Commission Applications And
Procedures
Alteration Of Landmarks, Historic Properties And Sites 16-10-9
Appeals From Commission Action 16-10-13
Commission Organization 16-10-4
Conservation Districts 16-10-11
Conservation Planning Areas 16-10-12
Definitions 16-10-2
Demolition Of Landmarks, Landmark Sites And
Structures In Historic Districts And Conservation
Districts 16-10-8
Designated Landmarks, Sites And Historic Districts 16-10-7
Historic Preservation Commission Established 16-10-3
Identification And Designation Of Landmarks, Sites
And Historic Districts 16-10-6
Inspection 16-10-14
Powers And Duties Generally 16-10-5
Purpose And Intent 16-10-1
Standards For Design Review 16-10-10
Violations; Penalties 16-10-15
Home Based Businesses 16-7-1
General Provisions 16-7-1-1
Home Based Businesses As Conditional Uses 16-7-1-4
Permitted Home Based Business Uses 16-7-1-2
Prohibited Home Based Business Uses 16-7-1-3
July 2014
City of Dubuque
UNIFIED DEVELOPMENT CODE (cont.)
ID Institutional District 16-5-22
Accessory Uses 16-5-22-3
Bulk Regulations 16-5-22-7
Commencement Of Use By Parties Unassociated With
Principal Institution Prohibited 16-5-22-5
Conditional Uses 16-5-22-2
District Establishment, Expansion And Modification 16-5-22-4
District Standards 16-5-22-6
Principal Permitted Uses 16-5-22-1
LI Light Industrial District 16-5-18
Accessory Uses 16-5-18-3
Bulk Regulations 16-5-18-7
Conditional Uses 16-5-18-2
Parking 16-5-18-5
Principal Permitted Uses 16-5-18-1
Signs 16-5-18-6
Temporary Uses 16-5-18-4
Land Subdivision
Applicability 16-11-2
Application Fee For Subdivision Plat Review Required 16-11-5
Application Requirements And Review Process 16-11-7
Bikeways 16-11-17
Blocks And Lots 16-11-14
Conservation Subdivision 16-11-11
Conservation Subdivision Design Criteria 16-11-11-1
Conservation Subdivision Development Bonus 16-11-11-2
Cottage Design Subdivision 16-11-13
Exception Of Specific Subdivision Requirements 16-11-4
Improvement Guarantees 16-11-24
Obligation To Install Improvements 16-11-23
Purpose And Intent 16-11-1
Recording Of Subdivision Plats 16-11-3
Recreational Open Space 16-11-9
Computation Of Recreational Open Space
Required 16-11-9-1
Ownership And Management 16-11-9-3
Responsibility For Site Preparation 16-11-9-2
Sanitary Sewer 16-11-21
Sidewalks 16-11-16
Solar Subdivision 16-11-12
Stormwater, Grading And Erosion Control 16-11-22
Street Trees 16-11-19
Streets 16-11-15
Subdivision Design Standards 16-11-8
Subdivisions Classified 16-11-6
July 2014
City of Dubuque
UNIFIED DEVELOPMENT CODE (cont.)
Special Exceptions 16-8-7
Application 16-8-7-1
Conditions And Restrictions Attached To Granting
Special Exception 16-8-7-4
Decisions And Records 16-8-7-5
Notice And Meeting Requirements 16-8-7-2
Requirements For Granting Special Exception 16-8-7-3
Variance Procedure 16-8-6
Application 16-8-6-1
Conditions And Restrictions Attached To Granting
Of Variance 16-8-6-4
Decisions And Records 16-8-6-5
Notice And Meeting Requirements 16-8-6-2
Requirements For Granting Of Variance 16-8-6-3
Zoning Board Of Adjustment 16-8-1
Zoning Districts
AG Agriculture 16-5-21
C-1 Neighborhood Commercial 16-5-10
C-2 Neighborhood Shopping Center 16-5-11
C -2A Mixed Use Neighborhood 16-5-12
C-3 General Commercial 16-5-13
C-4 Downtown Commercial 16-5-14
C-5 Central Business 16-5-15
CR Commercial Recreation 16-5-17
CS Commercial Service And Wholesale 16-5-16
Generally 16-5-1
Annexation Zoning Policy 16-5-1-5
Application Of Zoning District Regulations 16-5-1-1
Conformance To Code Required 16-5-1-6
Official Zoning Map 16-5-1-3
Zoning District Boundaries 16-5-1-2
Zoning Districts Established 16-5-1-4
HI Heavy Industrial 16-5-19
ID Institutional 16-5-22
LI Light Industrial 16-5-18
MHI Modified Heavy Industrial 16-5-20
OC Office Commercial 16-5-9
OR Office Residential 16-5-7
OS Office Service 16-5-8
POS Public Open Space 16-5-23
PUD Planned Unit Development 16-5-24
R-1 Single -Family Residential 16-5-2
R-2 Two -Family Residential 16-5-3
R -2A Alternate Two -Family Residential 16-5-4
July 2014
City of Dubuque
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UNIFIED DEVELOPMENT CODE (cont.)
R-3 Moderate Density Multi -Family Residential 16-5-5
R-4 Multi -Family Residential 16-5-6
UTILITIES (See Also PUBLIC UTILITIES) Title 13
V
VACANT AND/OR ABANDONED BUILDINGS, LICENSING OF 14-4
VALET DROP OFF PARKING; PERMIT REQUIREMENTS
Application Form; Information Required 10-8-4
Hold Harmless Agreement 10-8-5
Permit
Application 10-8-3
Fee 10-8-2
Required 10-8-1
Revocation Of Permit 10-8-7
Standards For Issuance 10-8-6
VEHICLES (See Also MOTOR VEHICLES AND TRAFFIC) Title 9
VEHICLES FOR HIRE AND PUBLIC TRANSPORTATION
Motorized Vehicles For Hire
Definitions 4-7B-1
Exemptions 4-7B-2
Manifests 4-7B-5
Open Stands 4-7B-6
Posting Of Rates 4-7B-4
Taxicab Business License And Taxicab Driver's Permit 4-7B-8
Taximeter Required 4-7B-3
Vehicles, License And Maintenance 4-7B-7
Nonmotorized Vehicles
Business License Requirements; Fees; Insurance 4-7A-4
Definitions 4-7A-1
Operation Requirements 4-7A-3
Operator's Permit Requirements 4-7A-5
Posting Of Rates 4-7A-2
VICIOUS DOGS (See Also ANIMAL CONTROL) 7-6E
W
WATER USE AND SERVICE
Abandoned Service Pipes 13-1-3
Care Of Water Heaters During Service Shutoffs 13-1-5
City Not Responsible For Breaks In Lines 13-1-2
July 2014
City of Dubuque
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WATER USE AND SERVICE (cont.)
City's Right To Shut Off Service, Establish Fee 13-1-4
Closing Of Accounts 13-1-8
Connections
Alteration To Services 13-1A-8
Application For Service Connection 13-1A-2
Approval Before Backfilling 13-1A-7
Conditions For Service Taps By City 13-1A-4
Connecting City Lines To Private Systems Restricted 13-1A-13
Installation And Maintenance At Expense Of Owner 13-1A-12
Installation Standards And Materials 13-1A-6
Mandatory Connection; Notice; Completion Of Work 13-1A-1
Required Depth Of Service Pipes 13-1A-11
Separate Connections 13-1A-9
Service Connections Installed 13-1A-5
Tap Charges 13-1A-3
Water Supply Control Devices 13-1A-10
Cross Connection Control
City Manager's Authority 13-1D-3
Customer Noncompliance 13-1D-8
Customer Responsibilities 13-1 D-6
Definitions 13-1D-2
Existing Water Services 13-1D-5
Fees 13-1D-9
New Water Services 13-1D-4
Penalty 13-1D-10
Purpose 13-1D-1
Required Backflow Prevention Assemblies 13-1 D-7
Separability Of Provisions 13-1D-11
Extension Of Mains 13-1-13
Fire Lines 13-1-14
Impersonation Of Department Inspectors 13-1-11
Information As To Location Of Mains And Pipes 13-1-12
Nonliability Of City In Turning On Service 13-1-6
Provisions Of Chapter Part Of Contract 13-1-1
Rates
Construction Use 13-1C-3
Fire Sprinkler Service 13-1C-2
Payment Of Bills 13-1C-4
Residential, Commercial, Industrial And All Other Uses 13-1C-1
Right Of Access For Inspection 13-1-10
Service Turned On By City Only 13-1-7
Use Of Fire Hydrants Restricted 13-1-9
July 2014
City of Dubuque
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WATER USE AND SERVICE (cont.)
Water Meters
Accuracy, Testing 13-1 B-11
Check Valves On Water Heaters 13-1 B-10
Installing Multiple Meters In Same Building 13-1B-7
Location, Method Of Installation 13-1B-4
Meters Furnished By City Or Owner 13-1B-2
Meters Required 13-1B-1
Protecting Meter And Accessories From Damage 13-1B-8
Reading Meters 13-1B-12
Remote Readers 13-1B-5
Right To Repair Without Notice; Tampering Prohibited 13-1 B-9
Services Larger Than Two Inches 13-1B-6
Unmeasured Flow Reducer Installed 13-1B-3
WEAPONS
Possession Of Firearms, Weapons And Fireworks In Parks 10-5B-12
Weapons, Firearms And Fireworks 7-5A-10
WEEDS (See Also TREES AND WEEDS) 6-8
WINE (See Also LIQUOR CONTROL) 4-2B
X
Y
Z
ZONING (See Also UNIFIED DEVELOPMENT CODE) Title 16
July 2014
City of Dubuque