Supplement No. 13 - Code of Ordinances - November 2013-*i3
STERLING CODIFIERS"
3906 Schreiber Way
Coeur d'Alene, ID 83815
(208) 665-7193
AHII2
Clerk's thci
)ubuque, 'LA
INSTRUCTION SHEET:
DUBUQUE, Iowa
Supplement No. 13/November, 2013
Includes Ordinances: 19-13 through 22-13,.24-13 through 27-13,
30-13 through 35-13 and 39-13 through 48-13
REMOVE PAGE HEADED INSERT NEW PAGE HEADED
VOLUME 1
Preface Preface
TABLE OF CONTENTS:
Title 9 (conte), Parking Title 9 (cont.), Parking
TITLE, 1:.
1-6-1, Chapter 6, Mayor And City Council
-6-1, Chapter 6, Mayor And City Council
TITLE4:
4-6A-7, 4-6A-7: Proof Of Financial 4-6A-7, 4-6A-7: Proof Of Financial
4-6B-6, the facts averred in the application
TITLE 6:
6-9-2, all, other materials other. than
and following page
TITLE 7:
7-5A-7, b. Hasa gang affiliation; or ,
and following five pages
TITLE 8:
8-3A-2, 8-3A-2: Defenses
TITLE 9:
9-7, Chapter 7, Operation
9-7-321.264, vehicle which is unattended shall
9-7-321.305, In the alley. between Main Street
9-16-321.800, .Chapter 16, Miscellaneous City
and following page
Exemptions
TITLE 10:
Title 10, Public Ways And Property
10-5A-1, Chapter 5, Article A. Administration
10-5B-1, Chapter 5, Article B. Use Regulations
and following eleven pages
4-6B-6, the facts averred in the' application
6-9-2, all other materials other than
and following page
7-5A-7, b. Has a gang affiliation; ()l-
and
rand following seven pages
8-3A-2, 8-3A-2: Defenses, Exemptions
9-7, Chapter 7, Operation.
9-7-321.264,; vehicle which is unattended shall'
9-7-321.305, In the alley between Main Street
9-16-321.800,'Chapter 16 Miscellaneous City
and following page
Title 10, Public Ways And Property
10-5A-1, Chapter 5, Article A. Administration
10-5B-1, Chapter 5, Article B. Use Regulations
and following ten pages
REMOVE PAGE HEADED
VOLUME II
TABLE OF CONTENTS
Title 9 (cont.), Parking
TITLE 14:
14-1A-1, Chapter 1, Article A. Building Code
and following three pages
14-1B-1, Chapter 1, Article B. Residential
and following eight pages
14-1E-1, Chapter 1, Article E. Fire Code
14-1F-1, Chapter 1, Article F. Mechanical
and following twenty three pages
14-2-3, vided, that a fee is paid for each
TITLE 16:
16-6-3-2, F. Area Y: All land west of Locust
and following thirteen pages
16-7-2-1, Tower Height: The distance.
and following: page
16-9-5, peculiar to the property is claimed
and following page
16-11-2, C..Southwest Arterial Corridor
16-11-7, 2. A preliminary plat is not required
and following page
16-11-14, C. Lot Lines: Insofar as practical
and following page
16-13-2, 1. Urban Renewal Districts: These
16-15-11-1.0, 16-15-11-10: C-5 Central
INDEX:
- M-, Motor Vehicles..., Permitting Unauthorized
- 0-, Offenses (cont.)
-P-, Procedure For Licensing Electric
INSERT NEW PAGE HEADED
Title 9 (cont.), Parking
14-1A-1, Chapter 1, Article A. Building Code
and following three pages
14-1B71, Chapter 1, Article B. Residential
and following eight pages
14-1E-1 Chapter 1, Article E. Fire Code
14-1F-1, Chapter 1, Article F. Mechanical
and following twenty three pages
14-2-3, vided, that, a fee is paid for each
and following page
16-6-3-2, F. Area Y: All land west of Locust
and following thirteen pages.
16-7=2-1, Tower Height: The distance
and following two pages
16-9-5, peculiar to the property is claimed
and following page
16-11-2, C. Southwest Arterial Corridor
16-11-7, 2. A preliminary plat is not required
and following page
16-11-14, C. Lot Lines: Insofar, as practical
and following page
16-13-2, 1. Urban Renewal Districts: '.These
and following page
16-15-11-10, 16-15-11-10: C-5 Central
M-, Motor Vehicles..., Permitting Unauthorized
-0-,Offenses (cont.)
-P-, Procedure For Licensing Electric
PREFACE
This city code of the city of Dubuque, as supple-
mented, contains ordinances up to and including
ordinance 18-13, passed March 18, 2013. 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
April 2013
City of Dubuque
TITLE 9 (cont)
Parking
Impoundment Of Vehicles
Miscellaneous City Provisions ..
TITLE 10
Public Ways And Property
Streets, Sidewalks And Other
Public Places
Excavations
Encroachments On Public
Places
Waste Collection Receptacles
Newsracks
Projecting Signs
Other Encroachments
Sidewalk Cafes
Mailboxes
Parades And Assemblies
Parks And Recreation
Administration
Use Regulations
Specific Parks
Railroads
Boats, Boating And Waterfront
Structures
Cable Regulatory Commission
(Rep. by Ord. 5-12, 2-6-2012) 3C
14 Rates And General
15 Regulations 3D
16 Cable Services Customer
Service Standards 3E
Gas Franchise 4
Electric Franchises 5
Interstate Power Company 5A
Maquoketa Valley Electric
Cooperative 5B
Procedure For Licensing
1 Electric Transmission
2 Line Companies 6
3
3A
3B
3C
3D
3E
3F
4
5
5A
5B
5C
6
TITLE 11
Rights Of Way
TITLE 12
Airport
Administration And Enforcement 1
General Regulations 2
Airport Zoning Regulations 3
TITLE 13
Public Utilities
7 Water Use And Service 1
Connections 1A
Water Meters 1B
Rates 1C
Cross Connection Control 1D
Sewers And Sewage Disposal .. 2
Discharge Regulations 2A
Private Disposal Systems;
Private Haulers 2B
Rates 2C
Industrial Pretreatment
Program 2D
Gas Main Connections 3
3A Stormwater Management 4
Illicit Connections And
Discharges To Storm Sewer
3B System 5
Nonfranchised Communications
Systems 1
Cable Right Of Way Regulations . 2
Cable Communications 2A
Open Video Systems 2B
Cable Television 3
Cable Franchise Agreement . . .
Community Teleprogramming
Commission (Rep. by
Ord. 5-12, 2-6-2012)
April 2013
City of Dubuque
TITLE 13 (cont.) TITLE 15
Solid Waste 6 Planning And Zoning
City Or Private Collection
Service 6A Comprehensive Plan 1
Long Range Planning Advisory
Commission 2
TITLE 14
Building And Development
Building Codes 1
Building Code And Regulations 1A
Residential Code 1B
Energy Conservation Code ... 1C
Electrical Code 1D
Fire Code And Regulations ... 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
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
April 2013
TITLE 16
Unified Development Code
PART I. GENERAL PROVISIONS
Title, Purpose And General
Provisions 1
Definitions
PART II. LAND USE REGULATIONS
2
Land Use General Provisions . 3
Nonconformities 4
Zoning Districts 5
Overlay Districts 6
Supplemental Use Regulations . 7
Zoning Board Of Adjustment
Applications And Procedures . 8
Zoning Advisory Commission
Applications And Procedures . . . 9
Historic Preservation Commission
Applications And Procedures ... 10
PART III. LAND DEVELOPMENT
REGULATIONS
Land Subdivision 11
Site Plans 12
Site Design Standards 13
Parking 14
Signs 15
INDEX
City of Dubuque
1-6-1 1-6-3
CHAPTER 6
MAYOR AND CITY COUNCIL
SECTION:
1-6-1: Composition; Terms
1-6-2: Compensation
1-6-3: Mayor Pro Tem
1-6-4: Emergency Succession For Mayor And Council Members
1-6-1: COMPOSITION; TERMS: The city council consists of a
mayor and two (2) council members elected at large, and one
council member elected from each of the four (4) wards. The mayor and
other council members serve four (4) year staggered terms. The mayor is a
member of the city council and may vote on all matters before the council.
(2007 Code § 2-20)
1-6-2: COMPENSATION: Effective January 1, 2006, the compensa-
tion for the mayor shall be eleven thousand five hundred
dollars ($11,500.00) per annum, and the compensation for council members
shall be eight thousand five hundred dollars ($8,500.00) per annum. (2007
Code § 2-21)
1-6-3: MAYOR PRO TEM:
A. Term Of Mayor Pro Tem: The term of mayor pro tem shall be eight
(8) months.
B. Designation Of Mayor Pro Tem: Council members shall serve as
mayor pro tem in the following order: 1) at large council member
elected to two (2) year term; 2) ward two council member; 3) ward
four council member. Thereafter, council members shall serve as
mayor pro tem in the following order:
1. At large council member with two (2) years of term remaining;
City of Dubuque
1-6-3 1-6-4
2. Ward one council member;
3. Ward three council member;
4. At large council member with two (2) years of term remaining;
5. Ward two council member;
6. Ward four council member.
C. Vacancy: In the event of a vacancy in the office of a council member (7
while such council member is serving as mayor pro tem, the person
appointed or elected to fill such vacancy shall serve the remainder of
the term of mayor pro tem. (2007 Code § 2-81)
1-6-4: EMERGENCY SUCCESSION FOR MAYOR AND COUNCIL
MEMBERS:
A. Order Of Succession: When the mayor and the mayor pro tem are
absent or unable to act, the council members in the following order
of succession shall perform the mayor's duties, except that a
succeeding council member may not appoint, employ or discharge
officers or employees without the approval of the city council:
1. Council member at Targe who has served the longer consecutive
term in office; then council member at large who has served the
shorter consecutive term in office; in the event their terms are the
same, then in alphabetical order.
2. Ward council member who has served the longest consecutive
term in office; then ward council member who has served the next
longest consecutive term in office, and so on; in the event that the
consecutive terms of council members in such order are the same,
then in alphabetical order.
B. Official Actions Legal And Binding: Official actions of a succeeding
council member when the mayor and mayor pro tem are absent or
unable to act are legal and binding to the same extent as if done by
the mayor or mayor pro tem. A succeeding council member retains
all the council member's powers as a member of the city council.
(Ord. 67-05, 12-5-2005)
City of Dubuque
4-6A-7 4-6A-9
4-6A-7: PROOF OF FINANCIAL RESPONSIBILITY: Each licensee
must furnish proof of financial responsibility either by the
existence of a liability insurance policy or by posting bond in such amount
as determined by the city manager. (Ord. 14-13, 3-4-2013)
4-6A-8: DISPLAY OF LICENSE: The license provided for herein is
valid only for the location designated in the application and
must be prominently displayed therein at all times. (Ord. 14-13, 3-4-2013)
4-6A-9: EXEMPTIONS FROM ARTICLE: This article does not apply
to or include the following:
A. Solicitors governed by chapter 5 of this title, except for purchases of
gold, bullion, ingots, precious metals, and jewelry which will be
subject to the provisions of the pawnbroker and secondhand dealer
regulations.
B. The sale of secondhand goods where the following are present:
1. The sale is held on property occupied as a dwelling by the seller
or owned, rented, or leased by a charitable or political organization;
2. The items offered for sale are owned by the occupant or seller;
that no sale exceeds a period of seventy two (72) consecutive hours;
and that no more than three (3) sales are held in any twelve (12)
month period;
3. The sale of goods at an auction held by a licensed auctioneer;
4. A bulk sale of property from a merchant, manufacturer, or whole-
saler having an established place of business or open sale from
bankrupt stock;
5. Goods sold at the public market, i.e., farmers' market, etc.; and
6. CDs, DVDs, videotapes, and other similar mediums of transmitting
images or sounds, video games, and gaming systems that are not
originally manufactured with a serial number.
C. Items bought, sold, or traded under a federal firearms license.
April 2013
City of Dubuque
4-6A-9 4-6A-10
D. The return of secondhand items for credit, exchange or refund to the
person from whom said items were originally obtained, provided that
the items were not secondhand items when originally obtained. (Ord.
14-13, 3-4-2013)
4-6A-10: DENIAL, SUSPENSION, OR REVOCATION OF LICENSE:
A. Reasons For Denial, Suspension, Or Revocation: The city manager
may, upon good cause, deny issuance or renewal of a license or
suspend or revoke any license issued under this article for a period
not to exceed one year for any of the following:
1. Violation of any federal, state, or local law, including, but not
limited to, a violation of this article or any other chapter of this code;
2. Misrepresentation of any material fact in the application for a
license;
3. Failure to cooperate with law enforcement; and
4. The licensee, owner, manager, partner, corporate officer, or
director has been convicted of a crime involving robbery, burglary,
theft, forgery, fraud, or deceptive practices, the possession, manu-
facture, or delivery of a controlled substance, possession with intent
to manufacture or deliver a controlled substance, possession of drug
paraphernalia, or nonpayment of excise taxes for a controlled sub-
stance, nonpayment of other taxes, or demonstrated insolvency.
B. Holding Other Licenses During License Suspension: Any licensee
whose license is suspended may not, during said suspension, hold
any other license under this chapter.
C. License Revocation; Time Period For Reapplication: Any licensee
whose license is revoked may not apply for any license under this
article for one year following the revocation.
D. Issuance To Relatives Or Financially Interested Persons During
License Suspension: No new license will be issued to the spouse,
relative within the first degree of consanguinity as defined by the
Iowa Code, or any person holding a financial interest in the licensed
premises during the period the license has been suspended.
E. Notice Of License Suspension Or Revocation: The city manager will
cause to be issued a notice that said license is suspended or
April 2013
City of Dubuque
4-6B-6 4-6B-10
the facts averred in the application and a recommendation to the city
manager as to the approval of the license or permit. (Ord. 14-13, 3-4-2013)
4-6B-7: PROOF OF FINANCIAL RESPONSIBILITY: Each licensee
must furnish proof of financial responsibility either by the
existence of a liability insurance policy or by posting bond in such amount
as determined by the city manager. (Ord. 14-13, 3-4-2013)
4-6B-8: DISPLAY OF LICENSE: The license provided for herein is
valid only for the location designated in the application and
must be prominently displayed therein at all times. (Ord. 14-13, 3-4-2013)
4-6B-9: EXEMPTIONS FROM ARTICLE: This article does not apply
to or include solicitors governed by chapter 5 of this title.
(Ord. 14-13, 3-4-2013)
4-6B-10: DENIAL, SUSPENSION OR REVOCATION OF LICENSE:
A. Reasons For Denial, Suspension, Or Revocation: The city manager
may, upon good cause, deny issuance or renewal of a license or
suspend or revoke any license issued under this article for a period
not to exceed one year for any of the following:
1. Violation of any federal, state, or local law, including, but not
limited to, a violation of this article or any other chapter of this code;
2. Misrepresentation of any material fact in the application for a
license;
3. Failure to cooperate with law enforcement; and
4. The licensee, owner, manager, partner, corporate officer, or
director has been convicted of a crime involving robbery, burglary,
theft, forgery, fraud, or deceptive practices, the possession,
manufacture, or delivery of a controlled substance, possession with
intent to manufacture or deliver a controlled substance, possession
of drug paraphernalia, or nonpayment of excise taxes for a controlled
substance, nonpayment of other taxes, or demonstrated insolvency.
April 2013
City of Dubuque
4-6B-10 4-6B-11
B. Holding Other Licenses During License Suspension: Any licensee
whose license is suspended may not, during said suspension, hold
any other license under this article.
C. License Revocation; Time Period For Reapplication: Any licensee
whose license is revoked may not apply for any license under this
article for one year following the revocation.
D. Issuance To Relatives Or Financially Interested Persons During
License Suspension: No new license will be issued to the spouse,
relative within the first degree of consanguinity as defined by the
Iowa Code, or any person holding a financial interest in the licensed
premises during the period the license has been suspended.
E. Issuance To Relatives Or Financially Interested Persons Following
License Revocation: No new license under this article will be issued
to the spouse or relative within the first degree of consanguinity as
defined by the Iowa Code or any person holding a financial interest
in the licensed premises for one year after revocation.
F. Notice Of License Suspension Or Revocation: The city manager will
cause to be issued a notice that said license is suspended or
revoked and therein set forth the reason(s) therefor. Said notice
must be sent by certified United States mail to the registered
business address on file with the city clerk or by personal service as
provided by Iowa law.
G. Appeal City Manager Decision To City Council: A written notice of
appeal to the city council from a decision of the city manager must
be filed with the city clerk by the licensee within ten (10) days from
the receipt of the notice of suspension or revocation. (Ord. 14-13,
3-4-2013)
4-6B-11: REQUIRED RECORDS:
A. Junk dealers as defined in this article must maintain a record of all
articles of any kind purchased or received. The record must be a full,
true, and complete report of all goods, wares, merchandise, or items
obtained on deposit, pledge, or purchase, or otherwise received. The
report must contain, but is not limited to, the following:
1. A description of the person from whom the goods were acquired,
including:
April 2013
City of Dubuque
6-9-2 6-9-3
all other materials other than conventional materials used as fuels
for a furnace or boiler.
2. This subsection shall not apply to any incinerator operated under
a license granted by the Iowa department of natural resources nor to
any burning conducted under the direction of the fire department for
training purposes.
3. This subsection shall not apply to outdoor cooking using charcoal,
natural or propane gas as a fuel, small wood fires consistent with
section 307.3.2, recreational fires, of the international fire code,
bonfires or prescribed fires as regulated by this chapter. (2007 Code
§ 19-7)
B. Special Permission To Burn Yard Waste:
1. The city manager may allow the burning of yard waste, including
tree stumps, and other yard generated waste, for limited and specific
periods. This provision shall apply only to the burning of such waste
on the premises where such waste was generated.
2. The city manager may only permit such open burning when the
ambient air quality of the city has met all air quality standards of the
Iowa department of natural resources for the preceding six (6) month
period. (2007 Code § 19-8)
C. Cancellation Of Permitted Open Burning: Permitted open burning of
yard waste may be cancelled immediately by the city manager in the
event of unfavorable local weather or atmospheric conditions, or
such other conditions as the city manager deems appropriate. (2007
Code § 19-9)
6-9-3: BLASTING, FIREWORKS AND OPEN BURNING; PERMITS
AND FEES:
A. Permits Required:
1. Blasting: No person shall engage in any activity involving blasting
with explosives within the city without first obtaining a permit from
the chief of the fire department.
2. Fireworks And Pyrotechnics: No person shall engage in any
activity involving the use or display of fireworks or pyrotechnics
without first obtaining a permit from the chief of the fire department.
City of Dubuque
6-9-3 6-9-4
3. Bonfire: No person shall light and/or conduct a bonfire without first
obtaining a permit from the chief of the fire department.
4. Open Burning Of Land Clearance Materials: No person shall burn
materials resulting from land clearance activities without first
obtaining a permit from the chief of the fire department.
5. Open Burning On Agricultural Property: No person shall, on
property zoned agricultural, burn vegetation or growing form wood
originating on the property without first obtaining a permit from the
chief of the fire department.
6. Prescribed Burns: No person shall kindle a fire for recognized
silvicultural, range or wildlife management practices, or for
prevention or control of disease or pest without first obtaining a
permit from the chief of the fire department. (2007 Code § 19-31)
B. Fees And Requirements For Permits: Fees and requirements for
each permit issued shall be established by the chief of the fire
department. (2007 Code § 19-32)
6-9-4: SERVICE STATIONS:
A. Definition: For the purposes of this section, the following term shall
have the meaning ascribed to such term in this subsection:
SERVICE That portion of a property where flammable or
STATION: combustible liquids used as motor fuels are
stored and dispensed from fixed equipment into
fuel tanks of motor vehicles or floating crafts.
(2007 Code § 19-41)
B. Unloading Of Tank Vehicles While On Public Streets Prohibited;
Exception: No tank vehicle shall discharge or unload, or transfer
class I flammable liquid while any portion thereof is standing on any
street, alley or public highway, except in the case of emergency. In
the event an emergency requires the discharge or unloading of class
I flammable liquid from any tank vehicle on a public street or
highway, the chief shall be notified and such operation shall not be
commenced until such necessary safeguards as the chief shall
require have been established. (2007 Code § 19-42)
City of Dubuque
6-9-4 6-9-5
C. License Required; Fee: No person shall engage in the operation of
any service station within the city without first obtaining an annual
license therefor from the chief of the fire department. The applicant
shall pay a fee therefor as established by the chief. (2007 Code
§ 19-43)
D. Applications: Applicants for a service station license shall file with
the chief an application showing:
1. The name and address of the applicant;
2. The location of the service station;
3. The name and address of the owner of the premises on which the
service station is located;
4. The name and address of the operator of the service station; and
5. The amount of class I flammable liquid storage provided in such
service station. (2007 Code § 19-44)
E. Fees And Requirements For Licenses: Fees and requirements for
service station licenses shall be established by the chief of the fire
department. (2007 Code § 19-45)
F. Expiration; Renewal: The license required by this section shall expire
on June 30 following the issuance thereof and renewal fees for such
licenses shall be due July 1 of each year for the following year and
shall become delinquent if unpaid by July 10 of each year. A penalty
fee shall be added to all delinquent fees. (2007 Code § 19-46)
6-9-5: BULK STORAGE TANK LICENSES:
A. License Required; Fee: No person shall engage in the operation or
business of storing, handling or dispensing of corrosive, flammable,
or combustible liquids, including liquid petroleum gas (LPG) at any
location within the city without first securing an annual license from
the chief of the fire department and paying a fee therefor. (2007
Code § 19-61)
B. Exemption: Service stations licensed under section 6-9-4 of this
chapter, fuel oil used in connection with oil burning equipment
located on or in the premises in which the fuel oil is stored and liquid
petroleum gas (LPG) used in connection with equipment located on
October 2009
City of Dubuque
6-9-5 6-9-6
or in the premises in which the liquid petroleum gas (LPG) is stored
are not subject to the licensing requirements of this section. (2007
Code § 19-62)
C. Fees And Requirements: Fees and requirements for bulk storage
licenses shall be established by the chief of the fire department.
(2007 Code § 19-63)
D. Expiration; Renewal: The license required by this section shall expire
on June 30 following the issuance thereof and renewal fees for such
licenses shall be due July 1 of each year for the following year and
shall become delinquent if unpaid by July 10 of each year. A penalty
fee shall be added to all delinquent fees. (2007 Code § 19-64)
6-9-6: SMOKE DETECTION: The owner of a building or structure
that has a commercial use and which also contains one or
more dwelling units, a congregate residence, or a sleeping room, and which
is not otherwise required by this code to install smoke detectors in such
building or structure shall during any substantial reconstruction or
remodeling of such building or structure install multistation smoke detectors
on each level of the building or structure in each public or common area
and in the basement at locations approved by the fire marshal. All such
smoke detectors shall be interconnected to ensure simultaneous notification
of all building occupants.
The smoke detectors shall receive their primary power from the building
wiring with secondary battery power. The wiring shall be permanent and
without a disconnecting switch other than a switch required for over -current
protection.
The smoke detectors shall be installed according to the manufacturer's
instructions. (Ord. 45-09, 9-8-2009)
October 2009
City of Dubuque
7-5A-7 7-5A-10
b. Has a gang affiliation; or
c. Is in a group of three (3) or more people in a public place
without the permission or authority of the adjacent property owner or
resident and repeatedly beckons to, stops, or attempts to stop or
engage passersby in unsolicited conversation; or repeatedly stops or
attempts to stop motor vehicles by yelling, hailing, waving of arms,
giving hand signals or other similar bodily gestures, or calling out
gang names; or
d. Is in a group of three (3) or more people for a period of time
longer than fifteen (15) minutes in a public place where disorderly
conduct is occurring or has recently occurred; or
e. Is making repeated exchanges of packages or money with
other persons who stop for short periods of time when none of the
parties to the exchange have a valid permit to engage in business or
solicitation; or
f. Evidences an intent to establish a public place as the territory
of a gang including the verbalization of gang names and/or the use
of hand signals known to be gang related. (2007 Code § 33-16)
7-5A-8: RINGING OF BELLS OR GONGS: It shall be unlawful for any
person within the corporate limits of this city to ring or sound
any bell, auction bell, gong, or similar device upon the streets or alleys
within the city so as to disturb the peace. (2007 Code § 33-2)
7-5A-9: PUBLIC URINATION OR DEFECATION: It shall be unlawful
for any person to urinate or defecate in or upon any public or
common property including, but not limited to, streets, alleys, sidewalks or
in any other place where the person could reasonably expect to be seen by
the public. This section shall not apply to private restrooms or public
facilities designated for such purpose. The scheduled fine for a violation of
this section shall be fifty dollars ($50.00). (Ord. 54-07, 10-15-2007)
7-5A-10: WEAPONS, FIREARMS AND FIREWORKS:
A. Use Of Bows And Arrows Or Slingshots:
1. Prohibition: It shall be unlawful for any person within the corporate
limits of the city to use any slingshot of any kind, or to wilfully or
City of Dubuque
7-5A-10 7-5A-10
carelessly throw any stone, stick or other missile in such a manner
as to hit, injure or endanger any person, or window or other property,
or for any person within the corporate limits of the city to hunt with a
bow and arrow.
2. Deer Hunting Excepted: Nothing herein shall prohibit the hunting
with bow and arrow of deer by persons licensed by and during the
period of time authorized by the Iowa department of natural
resources and issued a permit by the city. (2007 Code § 33-7)
B. Carrying Concealed Weapon: It shall be unlawful for any person to
carry under such person's clothes or concealed about their person or
to be found in possession of any slingshot, knuckles of metal or
other material, air gun, or any other weapon other than a knife. This
subsection does not apply to any of the following:
1. A person who goes armed with a dangerous weapon in the
person's own dwelling or place of business, or on land owned or
possessed by the person.
2. A peace officer, when the officer's duties require the person to
carry such weapons.
3. A member of the armed forces of the United States or of the
national guard or person in the service of the United States, when
the weapons are carried in connection with the person's duties as
such.
4. A correctional officer, when the officer's duties require, serving
under the authority of the Iowa department of corrections.
5. A person who for any lawful purpose carries an unloaded pistol,
revolver, or other dangerous weapon inside a closed and fastened
container or securely wrapped package which is too large to be
concealed on the person.
6. A person who for any lawful purpose carries or transports an
unloaded pistol or revolver in a vehicle inside a closed and fastened
container or securely wrapped package which is too large to be
concealed on the person or inside a cargo or luggage compartment
where the pistol or revolver will not be readily accessible to any
person riding in the vehicle or common carrier.
City of Dubuque
7-5A-10 7-5A-10
7. A person while the person is lawfully engaged in target practice on
a range designed for that purpose or while actually engaged in lawful
hunting.
8. A person who carries a knife used in hunting or fishing, while
actually engaged in lawful hunting or fishing.
9. A person who has in the person's possession and who displays to
a peace officer on demand a valid permit to carry weapons which
has been issued to the person, and whose conduct is within the
limits of that permit. A person shall not be convicted of a violation of
this subsection if the person produces at the person's trial a permit
to carry weapons which was valid at the time of the alleged offense
and which would have brought the person's conduct within this
exception if the permit had been produced at the time of the alleged
offense.
10. A law enforcement officer from another state when the officer's
duties require the officer to carry the weapon and the officer is in this
state for any of the following reasons:
a. The extradition or other lawful removal of a prisoner from this
state.
b. Pursuit of a suspect in compliance with chapter 806 of the
code of Iowa.
c. Activities in the capacity of a law enforcement officer with the
knowledge and consent of the chief of police of the city or the sheriff
of the county in which the activities occur or of the commissioner of
public safety.
11. A person engaged in the business of transporting prisoners
under a contract with the Iowa department of corrections or a county
sheriff, a similar agency from another state, or the federal
government. (Ord. 10-08, 2-18-2008)
C. Discharging Firearms And Fireworks:
1. Prohibition: No person shall discharge or fire any cannon, gun,
bomb, pistol, air gun, or other firearms or set off or burn firecrackers,
torpedoes, skyrockets, Roman candles, or other fireworks of like
construction or any fireworks containing any explosive or
inflammable compound, or other device containing any explosive.
City of Dubuque
7-5A-10 7-5A-10
2. Fireworks Display Permit: The city council may, upon application
in writing, grant a permit for the display and use of fireworks by any
organization or groups of individuals when such fireworks display will
be handled by a competent operator.
3. Firing Range Permit: The city council may, upon application in
writing, grant a permit for the operation of a firing range in which the
discharge of firearms for training, recreational or competitive events
would be allowed upon showing that the range would be under the
direction of a competent organization, group or individual.
4. Firearms Used To Control Rodent Or Animal Problems: In the
interest of public health and safety and at such times as approved by
the chief of police, the police or their designee may use firearms to
control rodent or animal problems when it is evident that
conventional control methods have not resolved the problem.
5. Blank Cartridge Use For Shows: Nothing herein shall be construed
to prohibit the use of blank cartridges for a show or the theater, or
for signal purposes in athletic sports or by railroads, or trucks, for
signal purposes, or by a recognized military organization; and
provided further, that nothing in this subsection shall apply to any
substance or composition prepared and used for medicinal or
fumigation purposes. (2007 Code § 33-11)
D. Possession Of Fireworks:
1. Definition: The term "fireworks" includes any explosive
composition, or combination of explosives, substances or articles
prepared for the purpose of producing a visible or audible effect by
combustion, explosion or detonation and includes blank cartridges,
firecrackers, torpedoes, skyrockets, Roman candles or other
fireworks of like construction and fireworks containing any explosive
or flammable compound, or other device containing any explosive
substance. The term "fireworks" does not include gold star producing
sparklers on wires that contain no magnesium or chlorate or
perchlorate, flitter sparklers in paper tubes that do not exceed one-
eighth inch ('/8") in diameter, toy snakes that contain no mercury, or
caps used in cap pistols.
2. Exemption: The use of blank cartridges for a show or the theater,
or for signal purposes in athletic events, or by railroads or trucks for
signal purposes, or by recognized military organizations is exempt
from this subsection.
City of Dubuque
7-5A-10 7-5A-14
3. Prohibition: No person shall possess fireworks except as provided
in this subsection. (2007 Code § 33-11.1)
7-5A-11: UNAUTHORIZED COMPUTER ACCESS: It shall be unlawful
for any person to knowingly and without authorization access
a computer, computer system or a computer network. (2007 Code § 33-12)
7-5A-12: CRIMINAL MISCHIEF: It shall be unlawful for any person to
damage, deface, alter or destroy any tangible property when
done intentionally by one who has no right to so act. (2007 Code § 33-13)
7-5A-13: PROFESSIONAL BOXING ELIMINATION TOURNAMENTS:
A. Definitions: For purposes of this section, the following terms shall
have the following meanings:
ELIMINATION A boxing contest or exhibition in which
TOURNAMENT: contestants box one another, two (2) at a time,
with one contestant being eliminated from the
tournament. This elimination continues, with
winners from the various bouts competing, until
only one contestant remains undefeated in the
weight division.
PROFES-
SIONAL
BOXING:
A boxing contest or exhibition, open to the
public, for which any principal or contestant is
paid.
B. Prohibition: No person shall promote, participate in, or allow
professional boxing that is part of an elimination tournament within
the city. (2007 Code § 33-14)
7-5A-14: UNDERAGE PERSONS ENTERING GAMBLING FACILI-
TIES:
A. Prohibition: It shall be unlawful for any person under the age of
twenty one (21) years to enter or attempt to enter a facility licensed
under Iowa Code to operate gambling games.
City of Dubuque
7-5A-14 7-5A-15
B. Persons Excepted: Subsection A of this section shall not apply to a
person under the age of twenty one (21) years who is:
1. An employee of the licensee or performing a contracted service
for the licensee at the facility;
2. A public official or employee while at the facility in the
performance of such person's official duties;
3. A person going directly to or from an area at the facility
specifically designated for activities for persons under the age of
twenty one (21) years, if accompanied by a person over the age of
twenty one (21) years and if such person first contacts a
representative of the licensee.
C. Area Or Facility Exempted: Subsection A of this section shall not
apply to a facility or that portion of a facility licensed by the state for
parimutuel gaming. (2007 Code § 33-15)
7-5A-15: TOBACCO PRODUCTS TO UNDERAGE PERSONS:
A. Restrictions:
1. A person shall not sell, give, or otherwise supply any tobacco,
tobacco products, or cigarettes to any person under eighteen (18)
years of age.
2. A person under eighteen (18) years of age shall not smoke, use,
possess, purchase, or attempt to purchase any tobacco, tobacco
products, or cigarettes.
3. Possession of cigarettes or tobacco products by an individual
under eighteen (18) years of age does not constitute a violation
under this section if the individual under eighteen (18) years of age
possesses the cigarettes or tobacco products as part of the
individual's employment and the individual is employed by a person
who holds a valid permit under the Iowa Code or who lawfully offers
for sale or sells cigarettes or tobacco products.
4. a. A person shall not be guilty of a violation of this section if
conduct that would otherwise constitute a violation is performed to
assess compliance with cigarette and tobacco products laws if any of
the following applies:
City of Dubuque
7-5A-15 7-5A-16
(1) The compliance effort is conducted by or under the
supervision of law enforcement officers.
(2) The compliance effort is conducted with the advance
knowledge of law enforcement officers and reasonable
measures are adopted by those conducting the effort to
ensure that use of cigarettes or tobacco products by
individuals under eighteen (18) years of age does not result
from participation by any individual under eighteen (18) years
of age in the compliance effort.
b. For the purposes of this subsection, "law enforcement officer"
means a peace officer as defined in Iowa Code section 801.4 and
includes persons designated under this subsection to enforce this
section.
B. Penalty:
1. a. A person, other than a retailer, who violates subsection Al of
this section, is guilty of a simple misdemeanor.
b. An employee of a retailer who violates subsection Al of this
section, commits a simple misdemeanor punishable as a scheduled
violation under Iowa Code section 805.8C.
2. A person who violates subsection A2 of this section, is subject to
the following, as applicable:
a. A civil penalty pursuant to Iowa Code section 805.8C.
b. For a first offense, performance of eight (8) hours of
community work requirements, unless waived by the court.
c. For a second offense, performance of twelve (12) hours of
community work requirements.
d. For a third or subsequent offense, performance of sixteen (16)
hours of community work requirements. (Ord. 22-09, 4-20-2009)
7-5A-16: HUNTING AND TARGET PRACTICE PERMITTED:
A. Permit Issuance; Conditions: Subsections 7 -5A -10A and C of this
article notwithstanding, the city manager may issue an annual permit
to a property owner for hunting and target practice within the
City of Dubuque
7-5A-16 7-5A-16
corporate limits of the city on the owner's property, if the city
manager determines that the property meets the following
conditions:
1. The property is zoned AG agricultural;
2. The property is not less than ten (10) contiguous acres or more in
size;
3. The property owner agrees to be present to supervise target
practice on the owner's property; and
4. Allowing hunting or target practice on the property will not
constitute a danger to public safety.
B. Application: An application to allow hunting or target practice shall
be filed with the city manager on a form provided by the city
manager. The application shall include the following information:
1. The name, address and telephone number of the applicant;
2. The address where the hunting or target practice will take place;
3. A site plan shall be a dimension drawing showing the following:
a. North arrow;
b. Property lines;
c. Location of buildings on the subject property and dimensions;
d. Location of buildings on adjacent property, public streets,
recreational trails or public waters.
Falsification of information on an application shall be grounds for
denial or revocation of a permit.
C. Approval Or Rejection; Permit Term: The city manager shall, upon
consideration of the application and the information required herein,
approve or reject the application. A permit shall be valid for a period
of one year from the date thereof.
D. Nonrefundable Fee: At the time of filing the application, the applicant
shall pay to the city a nonrefundable permit fee established by the
city manager.
City of Dubuque
7-5A-16 7-5A-17
E. Revocation Or Suspension Of Permit; Appeal: A permit may be
revoked or suspended by the city manager by written notice for a
violation of any of the provisions of this section or any other
ordinances of the city or the laws of the United States or the state of
Iowa. The permittee may file with the city clerk a written notice of
appeal to the city council from the suspension or revocation.
F. Compliance With State And Local Laws: A hunter shall comply with
all state and local laws, rules, regulations and ordinances governing
hunting.
G. Firearms Limited: Firearms or other weapons authorized for hunting
and target practice shall be limited to bow and arrow, air gun, or
shotgun with shot ammunition size 4-9, excluding slugs; the use of
rifles, pistols, deer slugs, and black powder rifles and all other
firearms or other weapons is prohibited.
H. Notify Police Prior To Hunting Or Target Practice: The permittee
shall notify police dispatch at the Dubuque law enforcement center,
on the day on which hunting or target practice will occur and prior to
the commencement of any hunting or target practice, of the location
where the hunting or target practice will occur.
Discharging Firearm: A hunter or a person engaged in target practice
shall not discharge a firearm or other weapon in the direction of any
person, livestock, building, public street, recreational trail or public
waters. (Ord. 31-06, 5-1-2006)
7-5A-17: AGGRESSIVE PANHANDLING PROHIBITED:
A. Purpose:
1. The purpose of this section is to ensure unimpeded pedestrian
traffic flow, to maintain and protect the physical safety and well being
of pedestrians, and to otherwise foster a safe and harassment free
climate in public places in the city.
2. This section is not intended to limit any person from exercising
such person's constitutional right to solicit funds, picket, protest, or
engage in other constitutionally protected activity.
B. Definitions: As used in this section, the following terms shall have
the following meanings, unless the context clearly indicates that a
different meaning is intended:
June 2010
City of Dubuque
7-5A-17 7-5A-17
AGGRESSIVE
PANHANDLING:
June 2010
Panhandling which demonstrates a specific
intent to induce, solicit, or procure from another
goods or money which includes one or more of
the following actions:
1. The touching of the solicited person without
the solicited person's consent;
2. Blocking the path of travel of the person
being solicited;
3. Blocking the entry or exit of a person being
solicited to any vehicle or building;
4. Continuing to solicit or request a donation
from a person after that person has refused an
earlier request verbally or has ignored the
request;
5. Following or remaining alongside a person
who, after being solicited, walks away from the
person panhandling and doing the same in a
manner that would cause a reasonably prudent
person to feel threatened, intimidated, or fearful;
6. Making any statement, gesture, or other
communication that would cause a reasonably
prudent person to feel threatened, intimidated,
or fearful;
7. Soliciting a person who is in a situation in
which it would be obvious to a reasonably
prudent person that the person being solicited
would not feel free to immediately walk away,
and shall include, but is not limited to, soliciting
the person at any bus stop, in any public
transportation vehicle, in a line waiting for
service or admission, or dining at an outdoor
service area;
8. Soliciting a person within fifty feet (50') of an
automatic teller machine or an entrance to a
bank or similar institution;
City of Dubuque
7-5A-17 7-5A-17
AUTOMATED
TELLER
MACHINE:
9. Behavior which would deter a reasonably
prudent person from passing through or remain-
ing in or near any thoroughfare, or public place
because of fear, concern, or apprehension
caused by such behavior.
A device, linked to a financial institution's
account records, which is able to carry out
transactions, including, but not limited to,
account transfers, deposits, cash withdrawals,
balance inquiries, and mortgage and loan
payments.
INTIMIDATION: Conduct which repeatedly interferes with the
free passage of other persons in or into public
places or which demonstrates an attempt to
discourage the free passage of other persons in
or into public places.
PANHANDLING: Any request for or solicitation of an immediate
donation of money, and includes a request or
solicitation to purchase an item for an amount
far exceeding its value and circumstances
where a reasonably prudent person would
understand that the purchase is in substance a
donation. Panhandling shall not include the act
of passively standing, sitting, or engaging in a
musical performance or other street perform-
ance with a sign or other indication that
donations are being sought without any verbal
request for a donation other than in response to
an inquiry by another person.
PUBLIC PLACE: Any area generally visible to public view and
includes streets, rights of way, sidewalks,
bridges, alleys, plazas, parks, driveways, park-
ing lots, communication facilities, transportation
facilities, and buildings open to the general
public including those which serve food or drink
or provide entertainment, and the doorways,
entrances, or other openings in buildings or
dwellings and the grounds enclosing them.
June 2010
City of Dubuque
7-5A-17 7-5A-17
THREATS:
C. Prohibited Acts:
Statements, gestures, or other forms of commu-
nication which a reasonably prudent person
would perceive as intending to result in the
procurement of money or goods by intimidation
or coercion.
1. It shall be unlawful for any person, either individually or as part of
a group, to engage in aggressive panhandling in any public place.
2. It shall be unlawful for two (2) or more persons to intentionally
work in concert to commit acts that would constitute aggressive
panhandling if those acts were performed by a single individual.
3. To constitute a violation of this section, the violator's conduct
must be such as to demonstrate a specific intent to induce, solicit, or
procure from another goods or money.
D. Penalty: A violation of this section may be prosecuted as a criminal
or civil matter, and, upon conviction, an individual is subject to a
penalty and other relief in accordance with sections 1-4-1 and 1-4-2
of this code. (Ord. 54-09, 11-2-2009)
June 2010
City of Dubuque
8-3A-2 8-3A-2
8-3A-2: DEFENSES, EXEMPTIONS AND EXCLUSIONS:
A. Defenses:
1. In General: It may be a defense to a charge of discrimination
under this article that an alleged application of qualification
standards, tests, or selection criteria that screen out or otherwise
deny a job or benefit to an individual with a disability has been
shown to be job related and consistent with business necessity, and
such performance cannot be accomplished by reasonable
accommodation, as required under this title.
2. Qualification Standards: The term "qualification standards" may
include a requirement that an individual shall not pose a direct threat
to the health or safety of other individuals in the workplace.
3. Qualification Standards And Tests Related To Uncorrected Vision:
Notwithstanding the provisions under the definition of "disability" in
section 8-1-1 of this title, a covered entity shall not use qualification
standards, employment tests, or other selection criteria based on an
individual's uncorrected vision unless the standard, test, or other
selection criteria, as used by the covered entity, is shown to be job
related and consistent with business necessity.
4. Reasonable Accommodation And Good Faith Effort: In cases
where a discriminatory practice involves the provision of a
reasonable accommodation pursuant to this subsection, actual
damages other than damages for back pay may not be awarded
under this title where the covered entity proves, by a preponderance
of the evidence, good faith efforts, in consultation with the person
with the disability who has informed the covered entity that
accommodation is needed, to identify and make a reasonable
accommodation that would provide such individual with an equally
effective opportunity and would not cause an undue hardship on the
operation of the business.
5. List Of Infectious And Communicable Diseases:
a. Applications: In any case in which an individual has an
infectious or communicable disease that is transmitted to others
through the handling of food that is included on the list developed by
the secretary of health and human services under 42 USC 12113(d)
and which cannot be eliminated by reasonable accommodation, a
covered entity may refuse to assign or continue to assign such
individual to a job involving food handling.
City of Dubuque
8-3A-2 8-3A-2
b. Construction: Nothing in this article shall be construed to
preempt, modify, or amend any local law, ordinance, or regulation
applicable to food handling which is designed to protect the public
health from individuals who pose a significant risk to the health or
safety of others, which cannot be eliminated by reasonable
accommodation, pursuant to the list of infectious or communicable
diseases and the modes of transmissibility published by the
secretary of health and human services.
B. Exemptions: This article shall not apply to:
1. Any employer who regularly employs Tess than four (4) individuals.
For purposes of this subsection, the owner(s), the owner(s)'
spouse(s), and children shall not be counted as employees.
2. The employment of individuals for work within the home of the
employer if the employer or members of the employer's family reside
therein during such employment.
3. The employment of individuals to render personal service to the
person of the employer or members of the employer's family.
4. An employer's qualifications for a job may include a requirement
that an individual shall not pose a direct threat to the health or safety
of other individuals in the workplace.
C. Exclusions:
1. Homosexuality And Bisexuality: For purposes of the definition of
"disability" in section 8-1-1 of this title, homosexuality and bisexuality
are not impairments and as such are not disabilities under this
article.
2. Certain Conditions: Under this article, the term "disability" shall
not include:
a. Transvestism, transsexualism, pedophilia, exhibitionism,
voyeurism, gender identity disorders not resulting from physical
impairments, or other sexual behavior disorders;
b. Compulsive gambling, kleptomania, or pyromania; or
c. Psychoactive substances use disorders resulting from current
illegal use of drugs. (Ord. 18-09, 4-6-2009)
City of Dubuque
9-7 9-7
SECTION:
CHAPTER 7
OPERATION
Division 1. Traffic Signs, Signals And Markings
9-7-321.256: Obedience To Official Traffic Control Devices
9-7-321.257: Official Traffic Control Signals
9-7-321.258: Reserved
9-7-321.259: Unauthorized Signs, Signals, Or Markings
9-7-321.260: Interference With Signs, Signals, Or Devices; Unlawful
Possession
9-7-321.261: Reserved
Division 2. Accidents
9-7-321.262: Duty Of Driver When Damage Is To Vehicle Only
9-7-321.263: Duty Of Driver To Give Information, Aid
9-7-321.264: Duty Of Driver Upon Striking Unattended Vehicle
9-7-321.265: Duty Of Driver Upon Striking Fixtures Upon Highway
9-7-321.266: Reports Required
9-7-321.267 — 9-7-321.274: Reserved
Division 3. Operation Of Motorcycles
And Motorized Bicycles
9-7-321.275: Motorcycles And Motorized Bicycles
9-7-321.275A: Use Of Bicycles, Motorcycles In Parks
9-7-321.276: Use Of Certain Nonmotorized Vehicles, Conveyances, And
Equipment In Municipal Parking Ramps Or Lots And In
Certain Other Places In City
9-7-321.276A: Electric Personal Assistive Mobility Devices
Division 4. Criminal Offenses
9-7-321.277: Reckless Driving
9-7-321.277A: Careless Driving
9-7-321.278: Drag Racing Prohibited
9-7-321.279 — 9-7-321.283: Reserved
City of Dubuque
9-7 9-7
9-7-321.284: Open Containers In Motor Vehicles; Drivers
9-7-321.284A: Open Containers In Motor Vehicles; Passengers
Division 5. Speed Restrictions
9-7-321.285: Limits Generally
9-7-321.286 - 9-7-321.287: Reserved
9-7-321.288: Control Of Vehicle
9-7-321.289: Signs To Be Erected
9-7-321.290: Reserved
9-7-321.291: Speeding Violation Form
9-7-321.292 - 9-7-321.293: Reserved
9-7-321.294: Minimum Speed
9-7-321.295 - 9-7-321.296: Reserved
Division 6. Driving On Right Side Of Roadway;
Overtaking And Passing
9-7-321.297: Driving On Right Hand Side Of Roadway; Exceptions
9-7-321.298: Meeting And Turning To Right
9-7-321.299: Passing Generally
9-7-321.300 - 9-7-321.301: Reserved
9-7-321.302: Overtaking, Passing On Right
9-7-321.303: Limitations On Overtaking On Left
9-7-321.304: Prohibited Passing
9-7-321.305: One -Way Streets
9-7-321.306: Roadways Laned For Traffic
9-7-321.307: Following Too Closely
9-7-321.308 - 9-7-321.310: Reserved
Division 7. Turning And Starting And Signals
On Stopping And Turning
9-7-321.311: Turning At Intersections
9-7-321.312: Turning On Curves, Hills
9-7-321.313: Starting Parked Vehicle
9-7-321.314: Signals Required When Turning
9-7-321.315: Turn Signal To Be Continuous
9-7-321.316: Signal Required When Stopping Or Decreasing Speed
Suddenly
9-7-321.317: Signals To Be By Hand And Arm Or Signal Device
9-7-321.318: Method Of Giving Hand And Arm Signals
City of Dubuque
9-7-321.264 9-7-321.274
vehicle which is unattended shall immediately stop and shall then and there
either locate and notify the operator or owner of such vehicle of the name
and address of the driver and of the owner of the vehicle striking the
unattended vehicle or shall leave in a conspicuous place in the vehicle
struck a written notice giving the name and address of the driver and of the
owner of the vehicle doing the striking and a statement of the circum-
stances thereof. (Ord. 44-08, 6-16-2008)
9-7-321.265: DUTY OF DRIVER UPON STRIKING FIXTURES UPON
HIGHWAY: The driver of any vehicle involved in an accident
resulting in damage to property legally upon or adjacent to a highway shall
take reasonable steps to locate and notify the owner, a peace officer, or
person in charge of such property of such fact and of the driver's name and
address and of the registration number of the vehicle causing the damage
and shall, upon request and if available, exhibit the driver's, operator's, or
chauffeur's license and shall make report of such accident when and as
required in section 9-7-321.266 of this chapter. (Ord. 44-08, 6-16-2008)
9-7-321.266: REPORTS REQUIRED:
A. The driver of a vehicle involved in an accident resulting in injury to or
death of any person shall immediately, by the quickest means of
communication, give notice of such accident to the city manager.
B. The driver of a vehicle involved in an accident resulting in total
property damage to an apparent extent of one thousand dollars
($1,000.00) or more shall report said accident to the police depart-
ment within seventy two (72) hours.
C. Every peace officer, who in the regular course of duty, investigates a
motor vehicle accident of which a report must be made as required
in this section, either at the time of and at the scene of the accident
or thereafter by interviewing witnesses, shall within twenty four (24)
hours after completing such investigation, file a written report of such
accident.
D. Any carrier transporting hazardous materials by rail, air, water, or
upon a roadway in this city, in the case of accident, shall
immediately notify the city manager. (Ord. 44-08, 6-16-2008)
9-7-321.267 — 9-7-321.274: RESERVED: (Ord. 44-08, 6-16-2008)
City of Dubuque
9-7-321.275 9-7-321.275
DIVISION 3. OPERATION OF MOTORCYCLES
AND MOTORIZED BICYCLES
9-7-321.275: MOTORCYCLES AND MOTORIZED BICYCLES:
A. General: The motor vehicle laws apply to the operators of
motorcycles and motorized bicycles to the extent practically
applicable.
B. Riders:
1. Motorized Bicycles: A person operating a motorized bicycle shall
not carry any other person on the vehicle.
2. Motorcycles: A person shall not operate or ride a motorcycle with
another person on the motorcycle unless the motorcycle is designed
to carry more than one person. The additional passenger may ride
upon the permanent and regular seat if designed for two (2) persons
or upon another seat firmly attached to the motorcycle at the rear of
the operator. The motorcycle shall be equipped with footrests for the
passenger unless the passenger is riding in a sidecar or enclosed
cab. The motorcycle operator shall not carry any person nor shall
any other person ride in a position that will interfere with the
operation or control of the motorcycle or the view of the operator.
C. Sitting Position: A person operating a motorcycle or motorized
bicycle shall ride only upon the vehicle's permanent and regular
attached seat. Every person riding upon the vehicle shall be sitting
astride the seat facing forward with one leg on either side of the
vehicle.
D. Use Of Traffic Lanes: Persons shall not operate motorcycles or
motorized bicycles more than two (2) abreast in a single lane.
Except for persons operating such vehicles two (2) abreast, a motor
vehicle shall not be operated in a manner depriving a motorcycle or
motorized bicycle operator of the full use of a lane. A motorcycle or
motorized bicycle shall not be operated between lanes of traffic or
between adjacent lines or rows of vehicles. The operator of a
motorcycle or motorized bicycle shall not overtake and pass in the
same lane occupied by the vehicle being overtaken unless the
vehicle being overtaken is a motorcycle or motorized bicycle.
E. Headlights Turned On: A person shall not operate a 1977 or later
model year motorcycle or any model year motorized bicycle upon the
City of Dubuque
9-7-321.305 9-7-321.306
In the alley between Main Street and Iowa Street, from West 12th
Street to West 6th Street, and from West 4th Street to West 3rd
Street.
On Bluff Street, from West 16th Street to 1st Street.
On Central Avenue, from East 21st Street to 4th Street.
On the portion of Elm Street lying west of the railroad tracks in said
street from East 24th Street and East 26th Street.
On the west ramps of Kerrigan Road.
On St. Mary's Street, from West 3rd Street to Emmett Street.
On Southern Avenue, from South Locust Street (U.S. Highway
61/151) to Valley Street.
On U.S. 61/151 on ramp connection, from 11th Street to 9th Street.
C. Westerly: Traffic shall move westerly only:
On 10th Street, West, from Central Avenue to Bluff Street.
On 11th Street, East, from Kerper Boulevard to Central Avenue.
On 21st Street, East, from White Street to Central Avenue.
D. Easterly: Traffic shall move easterly only:
On 1st Street, from Bluff Street to Locust Street.
On 4th Street, from Central Avenue to White Street.
On 9th Street, West, from Locust Street to Central Avenue.
On 9th Street, East, from Central Avenue to Kerper Boulevard. (Ord.
44-08, 6-16-2008)
9-7-321.306: ROADWAYS LANED FOR TRAFFIC: Whenever any roadway
has been divided into three (3) or more clearly marked lanes
for traffic, the following rules in addition to all others consistent herewith
shall apply:
City of Dubuque
9-7-321.306 9-7-321.311
A. A vehicle shall be driven as nearly as practical entirely within a
single lane and shall not be moved from such lane until the driver
has first ascertained that such movement can be made with safety.
B. Upon a roadway which is divided into three (3) lanes, a vehicle shall
not be driven in the center lane except when overtaking and passing
another vehicle where the roadway is clearly visible and such center
lane is clear of traffic within a safe distance, in preparation for a left
turn, or where such center lane is at the time allocated exclusively to
traffic moving in the direction the vehicle is proceeding and is
signposted to give notice of such allocation.
C. Official signs may be erected directing slow moving traffic to use a
designated lane or allocating specified lanes to traffic moving in the
same direction and drivers of vehicles shall obey the directions of
every such sign.
D. Vehicles moving in a lane designated for slow moving traffic shall
yield the right of way to vehicles moving in the same direction in a
lane not so designated when such lanes merge to form a single lane.
E. A portion of a highway provided with a lane for slow moving vehicles
does not become a roadway marked for three (3) lanes of traffic.
(Ord. 44-08, 6-16-2008)
9-7-321.307: FOLLOWING TOO CLOSELY: The driver of a motor vehicle
shall not follow another vehicle more closely than is
reasonable and prudent, having due regard for the speed of such vehicles
and the traffic upon and the condition of the street. (Ord. 44-08, 6-16-2008)
9-7-321.308 — 9-7-321.310: RESERVED: (Ord. 44-08, 6-16-2008)
DIVISION 7. TURNING AND STARTING AND SIGNALS
ON STOPPING AND TURNING
9-7-321.311: TURNING AT INTERSECTIONS: The driver of a vehicle
intending to turn at an intersection shall do as follows:
A. Both the approach for a right turn and a right turn shall be made as
closely as practicable to the right hand curb or edge of the roadway
City of Dubuque
9-16-321.800 9-16-321.800
CHAPTER 16
MISCELLANEOUS CITY PROVISIONS
SECTION:
Division 1. Noise
9-16-321.800: Vehicular Noise
Division 2. Trucks And/Or Machinery
9-16-321.805: Engine Brakes And Compression Brakes
9-16-321.806 - 9-16-321.899: Reserved
9-16-321.900:
9-16-321.901:
9-16-321.902:
9-16-321.903:
Operation Of Vehicles With Caterpillar Wheels Or Heavy
Lugs Restricted
Motor Truck Routes
Motor Truck Routes Prohibited On Designated Streets
Heavy Vehicles Prohibited On Certain Bridges
Division 3. Administration
9-16-321.1000: Arrest, Notice To Appear
9-16-321.1001: Records Of Violations
9-16-321.1002: Authority Of Peace Officers To Stop Vehicles
9-16-321.1003: Road Work Zone Violations
Division 4. Prohibited Activities
9-16-321.2000: Moving Vehicle Into Prohibited Area
9-16-321.2001: Repairs
9-16-321.2002: Operation Of Advertising Vehicles
DIVISION 1. NOISE
9-16-321.800: VEHICULAR NOISE:
A. It shall be unlawful for any person to make, continue, or cause any
disturbing, excessive, or offensive noise which results in discomfort
or annoyance to any reasonable person of normal sensitivity by
November 2012
City of Dubuque
9-16-321.800 9-16-321.900
means of any radio, compact disk player, stereo, speakers, cassette
tape player, or similar sound device in a motor vehicle.
B. The operation of any radio, compact disk player, stereo, speakers,
cassette tape player, or similar sound device in such a manner so as
to be audible at a distance of two hundred feet (200') from the motor
vehicle shall constitute evidence of a prima facie violation of this
section.
C. The scheduled fine for a violation of this section shall be fifty dollars
($50.00). (Ord. 44-08, 6-16-2008)
DIVISION 2. TRUCKS AND/OR MACHINERY
9-16-321.805: ENGINE BRAKES AND COMPRESSION BRAKES:
A. It shall be unlawful for the driver of any vehicle to use or operate or
cause to be used or operated within the city, any engine brake,
compression brake, or mechanical exhaust device designed to aid in
the braking or deceleration of any vehicle that results in excessive,
loud, unusual, or explosive noise from such vehicle.
B. The usage of an engine brake, compression brake, or mechanical
exhaust device designed to aid in braking or deceleration in such a
manner so as to be audible at a distance of three hundred feet (300')
from the motor vehicle shall constitute evidence of a prima facie
violation of this section.
C. The scheduled fine for a violation of this section shall be fifty dollars
($50.00). (Ord. 44-08, 6-16-2008)
9-16-321.806 - 9-16-321.899: RESERVED: (Ord. 44-08, 6-16-2008)
9-16-321.900: OPERATION OF VEHICLES WITH CATERPILLAR
WHEELS OR HEAVY LUGS RESTRICTED: Tractors or
other machinery moving on caterpillar wheels or having heavy lugs shall not
be permitted to be moved over any of the streets without first securing a
route from the city manager and it shall be unlawful to move such vehicle
over any street other than shown in such routing instructions. (Ord. 44-08,
6-16-2008)
November 2012
City of Dubuque
9-16-321.901 9-16-321.902
9-16-321.901: MOTOR TRUCK ROUTES:
A. Motor trucks registered for a gross weight limit exceeding ten
thousand (10,000) pounds (5 tons) shall travel over marked high-
ways when operating in the city and shall not depart from such
marked highways, except that any motor truck whose destination is
in the city may depart from such highway at that point on the high-
way nearest to its destination and then proceed directly to such
destination.
B. Motor trucks whose trips originate within the city shall travel by the
most direct route to that point on a marked highway nearest to such
point of origin.
C. Motor trucks entering the city on an unmarked highway shall proceed
to the nearest marked highway by the most direct route and then
proceed to their destination, except when the destination lies
between the point of entry into the city and the marked highway.
D. The city manager is authorized to designate and establish by appro-
priate signs alternate motor truck routes and to post signs limiting
motor trucks registered with a gross weight limit exceeding ten
thousand (10,000) pounds (5 tons) from operating on nonhighway
streets.
E. The provisions of this section governing the travel of motor trucks on
residential streets shall not apply to public or private carriers of
passengers on tour, fixed demand response, or dial -a -ride routes or
school or church buses. (Ord. 44-08, 6-16-2008)
9-16-321.902: MOTOR TRUCK ROUTES PROHIBITED ON DESIG-
NATED STREETS:
A. Motor trucks registered for a gross weight limit exceeding ten
thousand (10,000) pounds (5 tons) shall not travel over the following
streets:
Ice Harbor Drive, from 1st Street to the 3rd Street Overpass.
Main Street, from 5th Street to 9th Street.
B. The city manager shall post signs limiting motor trucks registered
with a gross weight limit exceeding ten thousand (10,000) pounds (5
November 2012
City of Dubuque
9-16-321.902 9-16-321.1000
tons) from operating on the streets designated in subsection A of this
section.
C. The scheduled fine for a violation of this section shall be fifty dollars
($50.00). (Ord. 44-08, 6-16-2008)
9-16-321.903: HEAVY VEHICLES PROHIBITED ON CERTAIN
BRIDGES:
A. When signs are erected giving notice thereof, no person shall
operate a vehicle exceeding the posted gross vehicle weight limits
on, or over the following bridges:
10 tons
12 tons
20 tons
Louise Lane Bridge
Brunskill Road Bridge
Cousins Road Bridge
B. This section shall not apply to implements of husbandry or to
implements of husbandry loaded on hauling units for transporting the
implements to locations for purposes of repair.
C. A person who violates this section shall, upon conviction or a guilty
plea, be subject to a fine determined by dividing the difference
between the actual weight of the vehicle and the maximum weight
allowed by this section by one hundred (100) and multiplying the
quotient by two dollars ($2.00). (Ord. 44-08, 6-16-2008)
DIVISION 3. ADMINISTRATION
9-16-321.1000: ARREST, NOTICE TO APPEAR: Whenever a peace offi-
cer has reasonable cause to believe that a person has
violated any provisions of this title, such officer may:
A. Immediately arrest such person; or
B. Without arresting the person, prepare in triplicate a written summons
to appear in court containing the name and address of such person,
the operator's or chauffeur's license number, if any, the registration
number, if any, of such person's vehicle, the offense charged, and
the time when and the place where such person shall appear in
court. (Ord. 44-08, 6-16-2008)
November 2012
City of Dubuque
TITLE 10
PUBLIC WAYS AND PROPERTY
Subject Chapter
Streets, Sidewalks And Other Public Places 1
Excavations 2
Encroachments On Public Places 3
Waste Collection Receptacles 3A
Newsracks 3B
Projecting Signs 3C
Other Encroachments 3D
Sidewalk Cafes 3E
Mailboxes 3F
Parades And Assemblies 4
Parks And Recreation 5
Administration 5A
Use Regulations 5B
Specific Parks 5C
Railroads 6
Boats, Boating And Waterfront Structures 7
June 2010
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.
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
landscaping and maintaining park land 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
City of Dubuque
10-5A-2 10-5A-2
been or may be set aside as public parks, playgrounds and other
such park and recreation facilities. Such rules and regulations shall
include, but are not limited to:
a. Opening and closing hours for the use of all park and
recreation facilities by the general public.
b. Establishment of fees, including the issuance of permits for
public use of all park and recreation facilities.
2. Recreational Programs: The establishment of rules and
regulations for all recreational programs provided by the city,
including the establishment of fees for participation by the public in
such activities.
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
commission members shall be entered upon the minutes of all
meetings by the secretary.
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:
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
10-5B-1: DEFINITIONS: As used in this article, the following terms
shall have the following meanings:
COMMISSION OR
THE COMMISSION:
PARKS OR
PARKWAYS:
The park and recreation advisory commission of
the city.
Parks, parkways, buildings, park roads or drive-
ways, and all public service facilities or grounds,
City of Dubuque
May 2011
10-5B-1 10-5B-2
buildings and structures in and adjacent to the
city, which are under the responsibility of the
commission. (Ord. 54-06, 7-5-2006)
10-5B-2: INTOXICATING BEVERAGES:
A. Possession, Consumption, Or Use Of Alcoholic Liquor, Wine, Beer,
Or Other Intoxicating Beverages Prohibited:
1. The possession, consumption, or use of alcoholic liquors, wine,
and beer as defined by chapter 123 of the code of Iowa or any other
intoxicating beverages is prohibited on park roadways and recrea-
tional trails, in park and recreation facility parking lots, and in
vehicles located within a park.
2. The possession, consumption, or use of alcoholic liquors, wine,
and beer as defined by chapter 123 of the code of Iowa or any other
intoxicating beverages is prohibited in any public park or park and
recreation facility unless specifically exempted in subsection B of this
section.
B. Exemptions:
1. Locations Exempt: Subsection A2 of this section shall not apply to
the possession, consumption, or use of alcoholic liquors, wine, beer,
or other intoxicating beverages at:
a. Alliant Energy Amphitheater events for which a special events
permit has been issued;
b. American Trust River's Edge Plaza events for which a special
events permit has been issued;
c. A.Y. McDonald Park;
d. Bunker Hill Golf Course;
e. Eagle Point Park;
f. Flora Park;
g. Four Mounds Park as approved by the Four Mounds
Foundation;
May 2011
City of Dubuque
10-5B-2 10-5B-4
h. John G. Bergfeld Recreation Area;
i. Marshall Park as approved by the Dubuque Arboretum
Association, Inc.;
j. McAleece Park and Recreation Complex;
k. Miller Riverview Park;
I. Mississippi Riverwalk events for which a special events permit
has been issued;
m. Murphy Park;
n. Veterans Park; and
o. Any other park with the prior written approval of the city
manager.
2. Closed Containers: Subsection A of this section shall not apply to
the transporting of closed containers of intoxicating beverages on
park roadways, in park and recreation facility parking lots, in vehicles
located within the park, and the public parks and park and recreation
facilities listed in subsection B1 of this section.
3. Keg Beer: Notwithstanding subsection B1 of this section, beer in
containers commonly referred to as "keg beer" shall only be
permitted by a licensed holder of a beer permit who has obtained a
permit from the city manager authorizing the use of such container.
(Ord. 58-10, 11-1-2010)
10-5B-3: HORSEDRAWN VEHICLES, RIDING OF ANIMALS
RESTRICTED: Horsedrawn vehicles, riding horses or any
other domesticated animal used for such purposes shall be prohibited in
any park unless permission is granted by the park and recreation advisory
commission of the city. (Ord. 54-06, 7-5-2006)
10-5B-4: DOGS, CATS AND OTHER DOMESTIC ANIMALS:
A. Unleashed Animals Prohibited: No person shall be permitted to bring
into any park, any dog, cat or other domestic animal, nor shall any
person permit such dog, cat or other domestic animals to run at
May 2011
City of Dubuque
10-5B-4 10-5B-6
large in any park. Any unattended animal shall be impounded and its
owner may redeem the same upon paying the reasonable costs of
such impoundment.
B. Leashed Dogs And Cats Allowed In Certain Parks And Areas:
Notwithstanding the foregoing, leashed dogs and cats shall be
permitted in the following:
Granger Creek Nature Trail
John G. Bergfeld Recreation Area
Medical Associates Greenbelt Park
Miller -Riverview Park
C. Unleashed Pets Allowed In Pet Park: Unleashed pets shall be
permitted in the pet park. (Ord. 54-06, 7-5-2006)
10-5B-5: WALKING ON GRASS: No person shall go on foot or
otherwise upon the grass or turf of any park or parkway where
any prohibitory sign is posted. (Ord. 54-06, 7-5-2006)
10-5B-6: THROWING STONES OR OTHER MISSILES: No person
shall throw any stone or any other missile within any park or
parkway. (Ord. 54-06, 7-5-2006)
May 2011
City of Dubuque
10-5B-2 10-5B-2
Comiskey park
E.B. Lyons Prairie/Woodland Preserve
Eagle Valley park
Elmwood Green park
Falk park
Flat Iron park
Gay park
Granger Creek nature trail
Grant park
Harvest View park
Heritage trail
Hillcrest park
Hilltop park
Ice Harbor park
Jackson park
Jefferson park
Madison park
Marna Ridge children's forest
Medical Associates Greenbelt
Mississippi Riverwalk
Nicholas J. Sutton swimming pool
Pet park
Pinard park
Pyatigorsk park
Riley park
Rocco Buda Jr. park
Southern park
Teddy Bear park
Usha park
Valentine park
Valley High park
Waller -Cooper park
Washington park
Welu park
Westbrook park
2. This subsection shall not apply, however, to the consumption or
use of beer at public events sponsored by nonprofit organizations
held at the American Trust River's Edge Plaza or the Mississippi
Riverwalk and for which a special events permit has been issued, or
at an event at the Alliant Energy Amphitheater for which a special
events permit has been issued.
City of Dubuque
10-5B-2 10-5B-6
3. This subsection shall also not apply to the consumption or use of
beer in a park for an event with the prior written approval of the city
manager. (Ord. 54-06, 7-5-2006)
10-5B-3: HORSEDRAWN VEHICLES, RIDING OF ANIMALS
RESTRICTED: Horsedrawn vehicles, riding horses or any
other domesticated animal used for such purposes shall be prohibited in
any park unless permission is granted by the park and recreation advisory
commission of the city. (Ord. 54-06, 7-5-2006)
10-5B-4: DOGS, CATS AND OTHER DOMESTIC ANIMALS:
A. Unleashed Animals Prohibited: No person shall be permitted to bring
into any park, any dog, cat or other domestic animal, nor shall any
person permit such dog, cat or other domestic animals to run at
large in any park. Any unattended animal shall be impounded and its
owner may redeem the same upon paying the reasonable costs of
such impoundment.
B. Leashed Dogs And Cats Allowed In Certain Parks And Areas:
Notwithstanding the foregoing, leashed dogs and cats shall be
permitted in the following:
Granger Creek nature trail
John G. Bergfeld recreation area
Medical Associates Greenbelt park
Miller -Riverview park
C. Unleashed Pets Allowed In Pet Park: Unleashed pets shall be
permitted in the pet park. (Ord. 54-06, 7-5-2006)
10-5B-5: WALKING ON GRASS: No person shall go on foot or
otherwise upon the grass or turf of any park or parkway where
any prohibitory sign is posted. (Ord. 54-06, 7-5-2006)
10-5B-6: THROWING STONES OR OTHER MISSILES: No person
shall throw any stone or any other missile within any park or
parkway. (Ord. 54-06, 7-5-2006)
City of Dubuque
10-5B-7 10-5B-12
10-5B-7: INTERFERING WITH ANIMALS: No person shall kill, trap,
tease, annoy, disturb, feed or interfere with any bird or other
fowl, animals or fish in any park or parkway. No person shall rob, injure or
destroy the nest of any bird or any other fowl. (Ord. 54-06, 7-5-2006)
10-5B-8: UNLAWFUL DEPOSITS: No person shall throw, deposit,
place or leave in any park or parkway any paper, rubbish,
waste or refuse of any kind or nature, but shall deposit the same in the
receptacles provided for such materials in the parks or parkways. (Ord.
54-06, 7-5-2006)
10-5B-9: OBSTRUCTIONS: No person shall place or suffer to remain
in any park or parkway any goods, wares, merchandise or
other articles in the nature of any obstruction to the free use and enjoyment
of such park or parkway without written permission from the park and
recreation advisory commission of the city. (Ord. 54-06, 7-5-2006)
10-5B-10: POSTING BILLS, NOTICES OR SIGNS: No person shall
post, paste, fasten, paint or affix any placard, bill, notice or
sign upon any structure, tree, stone, fence, thing, or enclosure along or
within any park or parkway. (Ord. 54-06, 7-5-2006)
10-5B-11: SALES RESTRICTED: No person shall sell or offer for sale
any article or service whatsoever in any park or parkway. The
provisions of this section shall not apply to sales of refreshments or any
other articles from concession stands authorized by the commission. (Ord.
54-06, 7-5-2006)
10-5B-12: POSSESSION OF FIREARMS, WEAPONS AND FIRE-
WORKS:
A. Prohibition: The possession of firearms, air rifles, bows and arrows,
pellet guns or slingshots, or fireworks of any description by any
person within the limits of any park or parkway is hereby prohibited.
B. Deer Hunting With Bow And Arrow: Nothing herein shall prohibit the
hunting with bow and arrow of deer by persons licensed by and
during the period of time authorized by the Iowa department of
City of Dubuque
10-5B-12 10-5B-18
natural resources and issued a permit by the city. (Ord. 54-06,
7-5-2006)
10-5B-13: CLIMBING ON FENCES, ROOFS: No person shall climb,
damage, tamper with, stand or sit on any fence, rail or any
other structure not intended for such use in any park or parkway. The
climbing of buildings and going onto roofs, either with ladders or from the
inside of the buildings through the windows or any other way is forbidden.
Climbing over ledges in ledge gardens by any person is prohibited. (Ord.
54-06, 7-5-2006)
10-5B-14: MOVING BENCHES AND TABLES: No person shall move
benches, seats and tables from any building or to any building
in any park or parkway without first securing permission of the city
manager. (Ord. 54-06, 7-5-2006)
10-5B-15: USE OF SPOTLIGHTS, SEARCHLIGHTS: It shall be unlawful
for any person, except regular park employees, to operate or
manipulate in any park or upon any parkway any spotlight or searchlight.
(Ord. 54-06, 7-5-2006)
10-5B-16: MEETINGS AND GATHERINGS: Buildings for group
gatherings may be reserved during the open park season by
contacting the park and recreation office. Such reservations can be made
twenty three (23) months in advance. Buildings shall be cleaned up after
use by the party reserving the same. Litter, cans, paper, waste and refuse
shall be deposited in receptacles provided therefor. (Ord. 3-08, 1-22-2008)
10-5B-17: FIRES: No person shall start any fire in any park or upon any
parkway, except that small fires may be made in the places in
parks provided by the city for that purpose. Every person who starts or uses
any such fire is hereby charged with the duty of completely extinguishing
such fire before leaving it. (Ord. 54-06, 7-5-2006)
10-5B-18: LOOSENING STONES FROM BLUFFS PROHIBITED: No
person shall loosen stones from bluffs or roll or throw the
same down the face of the bluff. (Ord. 54-06, 7-5-2006)
City of Dubuque
10-5B-19 10-5B-22
10-5B-19: WASHING VEHICLES: No person shall wash any motor
vehicle, motorcycle or scooter in any city park. (Ord. 54-06,
7-5-2006)
10-5B-20: COMPLIANCE WITH MOTOR VEHICLE LAWS,
ORDINANCES: No person in a park or parkway shall fail to
comply with all applicable provisions of the motor vehicle laws of the state
in regard to equipment and operation of motor vehicles together with such
regulations as are contained in this article and other ordinances of the city.
(Ord. 54-06, 7-5-2006)
10-5B-21: REMOVAL OF UNATTENDED VEHICLES LEFT AFTER
CLOSING HOURS: Any motor vehicle left unattended in any
of the parks after closing thereof shall be deemed abandoned and the city
manager or the park ranger shall cause the same to be towed from such
park and the same shall not be redeemed by the owner or the person
responsible therefor until the reasonable towing charges and storage fees
are paid. (Ord. 54-06, 7-5-2006)
10-5B-22: OPEN SEASON AND HOURS GENERALLY:
A. No person shall enter or remain in any park or park and recreation
facility other than during the season and hours designated in this
section.
B. For the purposes of this section, the regular park season shall mean
from the first Saturday in May through the fourth Sunday of October.
The pet park shall be open year round.
C. Eagle Point park and Louis Murphy park shall be open for use by the
public from seven o'clock (7:00) A.M. to ten o'clock (10:00) P.M.
Sunday through Thursday, and from seven o'clock (7:00) A.M. to
eleven o'clock (11:00) P.M. Friday and Saturday during the regular
park season.
D. Marshall park and the public use area of Franklin Delano Roosevelt
park shall be open to the general public from seven o'clock (7:00)
A.M. to sunset daily during the regular park season.
City of Dubuque
10-5B-22 10-5B-22
E. Gerald "Red" McAleece park and recreation complex and Veterans
Memorial park shall be open for use by the public from seven o'clock
(7:00) A.M. to twelve o'clock (12:00) midnight daily.
F. Bunker Hill golf course shall be open for use by the public from
seven o'clock (7:00) A.M. to eleven o'clock (11:00) P.M. daily, March
through November.
G. Flora park swimming pool and Nicholas J. Sutton swimming pool
shall be open for use by the public from six o'clock (6:00) A.M. to ten
o'clock (10:00) P.M. daily, June through August.
H. The following parks and park and recreation facilities shall be open
for use by the public from seven o'clock (7:00) A.M. to ten o'clock
(10:00) P.M. daily:
A.Y. McDonald park
Allison -Henderson park
Avon park
Burden park
Cancer Survivor park
Caledonia park
Cleveland park
Comiskey park
Eagle Valley park
Elmwood Green park
Falk park
Flat Iron park
Flora park
Gay park
Granger Creek nature trail
Grant park
Harvest View park
Heritage trail
Hillcrest park
Hilltop park
Ice Harbor park
Jackson park
Jefferson park
John G. Bergfeld recreation area
Madison park
Marna Ridge children's forest
Medical Associates Greenbelt
Oakwood park
Pet park
City of Dubuque
10-5B-22 10-5B-22
Pinard park
Pyatigorsk park
Riley park
Rocco Buda Jr. park
Southern park
Teddy Bear park
Usha park
Valentine park
Valley High park
Waller -Cooper park
Washington park
Welu park
Westbrook park
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) RM. daily, and only
registered campers shall be permitted in the area at all other hours.
J. The city manager or authorized representative shall have the
authority to close any or all parks, 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.
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)
City of Dubuque
10-5C-1 10-5C-1
CHAPTER 5
PARKS AND RECREATION
ARTICLE C. SPECIFIC PARKS
SECTION:
10-5C-1: Specific Park Areas Described
10-5C-1: SPECIFIC PARK AREAS DESCRIBED:
A.Y. McDonald park:
The following described parcel of real estate is and
shall be used for public park purposes and shall be
continued to be known, called and named as "A.Y.
McDonald park" and placed under the jurisdiction
of the park and recreation advisory commission:
Blocks 1, 2, 3, 4 and 5 in River Front Subdivision
No. 3.
Alliant Energy The following described parcel of real estate is and
Amphitheater shall be used for public park purposes and shall be
continued to be known, called and named as
"Alliant Energy Amphitheater" and placed under the
jurisdiction of the park and recreation advisory
commission:
Allison -Henderson park
The area of the Port of Dubuque west of the
Mississippi Riverwalk, south of the railroad tracks
east of Bell Street, and adjacent to the former
Dubuque Star Brewery.
The following described parcel of real estate is and
shall be used for public park purposes and shall be
continued to be known, called and named as
"Allison -Henderson park" and placed under the
jurisdiction of the park and recreation advisory
commission:
Lots 1, 18, 19, 20, 21 and 22 of Pinehurst Subdivi-
sion in the city of Dubuque, Iowa.
City of Dubuque
10-5C-1 10-5C-1
American Trust River's
Edge Plaza
Avon park
Bunker Hill golf course
Burden park
Caledonia park
The following described parcel of real estate is and
shall be used for public park purposes and shall be
continued to be known, called and named as the
"American Trust River's Edge Plaza" and placed
under the jurisdiction of the park and recreation
advisory commission:
That area, including the flat area, steps and ramp,
outside the floodwall at the Port of Dubuque at the
south end of the Mississippi Riverwalk.
The following described parcel of real estate is and
shall be used for public park purposes and shall be
continued to be known, called and named as "Avon
park" and placed under the jurisdiction of the park
and recreation advisory commission:
Lots 6 through 10 of Mary Ann McDaniel's Subdivi-
sion of parts of Lots 823 and 824 of A. McDaniel's
Subdivision in the city of Dubuque, Iowa.
The following described parcel of real estate is and
shall be continued to be known, called and named
as "Bunker Hill golf course" and placed under the
jurisdiction of the park and recreation advisory
commission:
Part of Lot 2 in Highland Farms Addition; Lot 16 in
Pfohl's Subdivision; Mineral Lots 189, 200, 201,
202, 210, 270, 336 and 370, and parts of Mineral
Lots 190, 265 and 340, all in the city of Dubuque,
Iowa.
The following described parcel of real estate is and
shall be used for public park purposes and shall be
continued to be known, called and named as "Bur-
den park" and placed under the jurisdiction of the
park and recreation advisory commission:
Lot 1 of Lot 1 of Lot 3 northeast quarter, Section
13, Township 89 North, Range 2 East in the city of
Dubuque, Iowa.
The following described parcel of real estate is and
shall be used for public park purposes and shall be
continued to be known, called and named as
"Caledonia park" and placed under the jurisdiction
of the park and recreation advisory commission:
City of Dubuque
10-5C-1 10-5C-1
Cleveland park
Comiskey park
E.B. Lyons Prairie/
Woodland Preserve:
Lot 38 of Kelly's Subdivision in the city of
Dubuque, Iowa.
The following described parcel of real estate is and
shall be used for public park purposes and shall be
continued to be known, called and named as
"Cleveland park" and placed under the jurisdiction
of the park and recreation advisory commission:
South two-thirds of city Lot 695 and Lots 35, 36, 37
and east 20 feet of Lot 38 of Union Addition in the
city of Dubuque, Iowa.
The following described parcel of real estate is and
shall be used for public park purposes and shall be
continued to be known, called and named as
"Comiskey park" and placed under the jurisdiction
of the park and recreation advisory commission:
Lots 1 through 23, Lots 24 through 46 and the
intervening alley in Boulevard Addition of the city
of Dubuque, Iowa.
A. The following described real estate is hereby
placed under the control of the jurisdiction and
management of the park and recreation advisory
commission of the city:
Lots 2 and 3 of the northeast one-quarter of the
southeast one-quarter of section 1, township 88
north, range 2 east of fifth prime meridian; Lots 2
and 3 of the northwest one-quarter of the south-
west one-quarter, Lots 2 and 3 of the northeast
one-quarter of the southwest one-quarter, and Lot
2 of Lot 1 of the southwest one-quarter of the
southwest one-quarter; of section 6, township 88
north, range 3 east of the fifth prime meridian in
Dubuque County, Iowa, according to the respective
recorded plats thereof.
B. Such real estate shall be known, called and
named as the "E.B. Lyons Prairie/Woodland Pre-
serve" and accordingly such real estate is so per-
manently named.
City of Dubuque
10-5C-1 10-5C-1
Eagle Point park and
Ham House Museum
Eagle Valley park
Elmwood Green park
Falk park
The following described parcel of real estate is and
shall be continued to be known, called and named
as "Eagle Point park" and includes the land upon
which the Ham house museum is situated and
placed under the jurisdiction of the park and recre-
ation advisory commission:
Lot 1 through Lot 7 in Berendes Subdivision; Lot 2
in Chris Braun's Place; Lot 1 of Lot 1 of Lot 2 of
Lot 2A in Clark's Subdivision; Lot 2 of Lot 1, Lot 2
of Lot 1 of Lot 1, and Lot 2 in Eagle Point View;
Lot 2 of Lot 6, Lot 2 of Lot 1 of Lot 6, and Lot 107
through Lot 124 in Fountain Hill Resubdivisions;
Lot 529 through Lot 534 in Ham's Addition; Lot 503
through Lot 515 in Ham's Addition (Eagle Point);
Lot 2 of Lot 221, Lot 1 of Lot 222, Lot 223 and Lot
224 in Julien Addition; Lot 1 of Lot 6 in Katherine
Place; Lot 2 of Lot 1 of Lot 1 of Lot 1 in Potter
Place; Lot 1 through Lot 10 in Potter's Shiras Ave-
nue Place; Lot 1 of Lot 2 of Lot 2 of Lot 3 and Lot
2 of Lot 3 in Shiras Subdivision; and parts of Min-
eral Lots 305A, 308, 309A, 310, 311 and 312, all in
the city of Dubuque, Iowa.
The following described parcel of real estate is and
shall be used for public park purposes and shall be
continued to be known, called and named as "Ea-
gle Valley park" and placed under the jurisdiction
of the park and recreation advisory commission:
Lot C of Block 3 of Eagle Valley Subdivision.
The following described parcel of real estate is and
shall be used for public park purposes and shall be
continued to be known, called and named as
"Elmwood Green park" and placed under the juris-
diction of the park and recreation advisory commis-
sion:
Lot 2-2-2 of Mineral Lot 349 in the city of Dubuque,
Iowa.
The following described parcel of real estate is and
shall be used for public park purposes and shall be
continued to be known, called and named as "Falk
park" and placed under the jurisdiction of the park
and recreation advisory commission:
City of Dubuque
10-5C-1 10-5C-1
Flat Iron park
Flora park
Four Mounds
Lot 23 in Falks Subdivision in the city of Dubuque,
Iowa.
The following described parcel of real estate is and
shall be used for public park purposes and shall be
continued to be known, called and named as "Flat
Iron park" (Phoenix) and placed under the jurisdic-
tion of the park and recreation advisory commis-
sion:
A triangularly shaped area bounded on the easterly
side by Main Street, on the southerly side by Jones
Street and on the westerly side by Shields Street.
Except for the appurtenant easements of right of
way and a strip along Pennsylvania Street twenty
feet (20') in width, the following real estate in the
west end of the city:
Sylvester Place: Lot 1 of 4 of Mineral Lot 260; Lot
2 of 1 of 2 of 4 of Mineral Lot 260; Lot 2 of 2 of 4
of Mineral Lot 260; Lot 2 of 2 of Mineral Lot 259;
Lot 1 of 2 of Mineral Lot 259; Lot 1 of 1 of 1 of 1 of
1 of 2 of J.P. Metel's Subdivision is hereby set
apart as a public park to be known as "Flora park"
under the jurisdiction and control of the park and
recreation advisory commission.
The following described parcels of real estate shall
be used for public park purposes and shall be
hereinafter collectively known, called and named
"Four Mounds":
Lot 1 of Lot 1 of Lot 2 of Lot 1 of Lot 1, and Lot 1
of Lot 1 of Lot 2 of Lot 1, both of the Subdivision
of: "Lot 1 of Lot 7 of the southwest one-quarter of
Section 1, the southwest one-quarter of the north-
west one-quarter of Section 1 and Government Lot
1 (or Mineral Lot 331) of Section 1, Township 89
North, Range 2 East of the fifth principal meridian".
Lot 2 of the northwest one-quarter of the northwest
one-quarter of Section 1, Township 89 North,
Range 2 East of the fifth principal meridian, all in
the city of Dubuque, Iowa, and Lot 16 of "John
Deere Dubuque Tractor Works" in Dubuque Town-
ship, and Lot 2 of Lot 1 of Lot 1 of Lot 2 of Lot 2 of
Section 2, both in Township 89 North, Range 2
East of the fifth principal meridian, according to the
United States Government Survey and the record-
ed plats thereof, subject to easements of record.
City of Dubuque
10-5C-1 10-5C-1
Franklin Delano Roo-
sevelt park
Gay park
Gerald "Red"
McAleece park and
recreation complex
Granger Creek nature
trail
The following described parcel of real estate is and
shall be used for public park purposes and shall be
continued to be known, called and named as
"Franklin Delano Roosevelt (FDR) park" and
placed under the jurisdiction of the park and recre-
ation advisory commission:
Lot 1 of the west half of the northeast one-quarter
of Section 4, Township 88 North, Range 2 East of
fifth principal meridian in Dubuque County, Iowa
and Mineral Lots 272 and 273, Lot 1 of Mineral Lot
271, Lot 1 of Mineral Lot 274, and Lot 1 of Mineral
Lot 276 in Dubuque Township, Dubuque County,
Iowa.
The following described parcel of real estate is and
shall be used for public park purposes and shall be
continued to be known, called and named as "Gay
park" and placed under the jurisdiction of the park
and recreation advisory commission:
Lot 1 of Lot 1 of Lot 1 of Lot 1 of Lot 1 of Lot 1 in
Young Primrose Place and Lots 3 and 4 in
Grommersch Place, all in the city of Dubuque,
Iowa.
The following described parcel of real estate com-
monly referred to as "area C", "Hamm Island", and
"City Island" shall be hereinafter known, called and
named as "Gerald 'Red' McAleece park and rec-
reation complex":
Those portions of Mineral Lots 294, 295, Lots 1
and 2 of 296, 297, 298, 299 and 300 and Govern-
ment Lot 1, located in Sections 17, 18, 19 and 20,
Township 89 North, Range 3 East in the city of
Dubuque, Dubuque County, Iowa, and bounded by
Lake Peosta Channel and the Mississippi River.
The following described parcel of real estate is and
shall be used for public park purposes and shall be
continued to be known, called and named as
"Granger Creek nature trail" and placed under the
jurisdiction of the park and recreation advisory
commission:
Area surrounding Dubuque Technology Park at
corner of Highways 151/61 and Lake Eleanor
Road.
City of Dubuque
10-5C-1 10-5C-1
Grant park
Harvest View park
Heritage trail
Hillcrest park
Hilltop park
The following described parcel of real estate is and
shall be used for public park purposes and shall be
continued to be known, called and named as
"Grant park" and placed under the jurisdiction of
the park and recreation advisory commission:
A triangularly shaped area bounded on the easterly
side by Locust Street, on the westerly side by Bluff
Street, and on the southerly side by Fifteenth
Street.
The following described parcel of real estate is and
shall be used for public park purposes and shall be
continued to be known, called and named as "Har-
vest View park" and placed under the jurisdiction of
the park and recreation advisory commission:
Lot A of Harvest View Estates First Addition.
The following described parcel of real estate is and
shall be used for public park purposes and shall be
continued to be known, called and named as "Heri-
tage trail" and placed under the jurisdiction of the
park and recreation advisory commission:
A linear piece of property from 22nd to 32nd
Streets along Elm Street, in the city of Dubuque,
Iowa.
The following described parcel of real estate is and
shall be used for public park purposes and shall be
continued to be known, called and named as
"Hillcrest park" and placed under the jurisdiction of
the park and recreation advisory commission:
Lot 1 of Lot 4 of Mineral Lot 261 in the city of
Dubuque, Iowa.
The following described parcel of real estate is and
shall be used for public park purposes and shall be
continued to be known, called and named as "Hill-
top park" and placed under the jurisdiction of the
park and recreation advisory commission:
City of Dubuque
10-5C-1 10-5C-1
Ice Harbor park
Jackson park
Jefferson park
John G. Bergfeld rec-
reation area
West one-half of Lot 1 of the south one-third of
Lots 34 and 35; west 127 feet and 6 inches of Lot
1 of Lot 2 of the south one-third of Lots 34 and 35;
west one-half of Lot 2 of Lot 2 of the south one-
third of Lots 34 and 35; west one-half of the north
one-half of Lot 36; west one-half of the south one-
half of Lot 36; west one-half of Lot 2 of Lot 37; Lot
1 of Lot 1 of Lot 37; Lot 2 of Lot 2 of Lot 1 of Lot
37 all in Kelly's Subdivision in the city of Dubuque,
Iowa.
The following described parcel of real estate is and
shall be used for public park purposes and shall be
continued to be known, called and named as "Ice
Harbor park" and placed under the jurisdiction of
the park and recreation advisory commission:
The area of the Port of Dubuque between the
Portside Building and the National Mississippi
River Museum and Aquarium.
The following described parcel of real estate is and
shall be used for public park purposes and shall be
continued to be known, called and named as
"Jackson park" and placed under the jurisdiction of
the park and recreation advisory commission:
An area bounded on the westerly side by Main
Street, on the southerly side by Fifteenth Street, on
the easterly side by Iowa Street and on the north-
erly side by the south property line of city Lot 746
of the original township, all in the city of Dubuque,
Iowa.
The following described parcel of real estate is and
shall be used for public park purposes and shall be
continued to be known, called and named as "Jef-
ferson park" and placed under the jurisdiction of
the park and recreation advisory commission:
Lots 38, 39, 40 and east 21 feet of Lot 41 of
Farley's Subdivision in the city of Dubuque, Iowa.
The following described parcel of real estate is and
shall be used for public park purposes and shall be
continued to be known, called and named as "John
G. Bergfeld recreation area" and placed under the
jurisdiction of the park and recreation advisory
commission:
City of Dubuque
10-5C-1 10-5C-1
Louis Murphy park
Madison park
Marna Ridge children's
forest
Lot C of the Dubuque Industrial Center West.
The following described parcel of real estate is and
shall be continued to be known, called and named
as "Louis Murphy park", also formerly known as
"Grandview park", and placed under the jurisdiction
of the park and recreation advisory commission:
That part of Lots 1, 2 and 4 of Mineral Lot 37 lying
southerly of Highway 61; that part of Lots 1, 2, 3, 4
and 5 of O'Connor's Subdivision lying southerly of
Highway 61; westerly 42 feet of Lot 2 and the
westerly 42 feet of Lot 2 of Lot 15 in Summer Hill
Addition; Lots 14, 15, 16 and 17 in Rowan's Addi-
tion; Lot 1 of Lot 1 of the subdivision of Mineral Lot
36A; Lot 1 of Lot 2 of Mineral Lot 38; and that part
of Lot 6 and all of Lots 7, 8, 9, 10, 11, 12 and 13
lying easterly of Highway 61, all in the city of
Dubuque, Iowa.
The following described parcel of real estate is and
shall be continued to be known, called and named
as "Madison park" and placed under the jurisdiction
of the park and recreation advisory commission:
Lots 32, 33, and 34 of the Subdivision of Lots 676
and 677 in L.H. Langworthy Addition; Lot 5 of the
Subdivision of Lot 674 in L.H. Langworthy Addition;
Lot 1 of Lot 2 of the Subdivision of Lots 676 and
677 in L.H. Langworthy Addition; Lot 3 of Lot 3 of
the Subdivision of Lots 676 and 677 in L.H.
Langworthy Addition; and two (2) unnumbered Lots
lying between Lots 677 and 678 in L.H. Langworthy
Addition, all in the city of Dubuque, Iowa.
The following described parcel of real estate is and
shall be used for public park purposes and shall be
continued to be known, called and named as
"Marna Ridge children's forest" and placed under
the jurisdiction of the park and recreation advisory
commission:
Lot A of Lot B, Block 1 of Marna Ridge Estates 2,
as comprised of Mildreds Addition in the city of
Dubuque, Iowa.
City of Dubuque
10-5C-1 10-5C-1
Marshall park
Medical Associates
greenbelt
Miller -Riverview park
Mississippi Riverwalk
The following described parcel of real estate is and
shall be used for public park purposes and shall be
continued to be known, called and named as "Mar-
shall park" and placed under the jurisdiction of the
park and recreation advisory commission:
Northwest one-quarter of the southeast one-quarter
of the southwest one-quarter of Section 10, Town-
ship 89 North, Range 2 East of the fifth principal
meridian according to the United States Govern-
ment Survey thereof, and the southwest quarter of
the southwest quarter of Section 10, Township 89
North, Range 2 East of the fifth principal meridian
according to the United States Government Survey
thereof, also right-of-way over the westerly 20 feet
of Lot 1 of the subdivision of Lot 1 of 1 of 1 of
Mineral Lot 390, Lot 2 of 1 of Mineral Lot 386 and
Lot 2 of Mineral Lot 380 according to the recorded
plats thereof, all in the city of Dubuque, Iowa.
The following described parcel of real estate is and
shall be used for public park purposes and shall be
continued to be known, called and named as "Med-
ical Associates greenbelt" and placed under the
jurisdiction of the park and recreation advisory
commission:
Lot 11 of Medical Associates Subdivision in the city
of Dubuque, Iowa.
The following described parcel of real estate is and
shall be known, called and named as "Miller -
Riverview park" and placed under the jurisdiction
of the park and recreation advisory commission:
That part of Chaplain Schmitt Memorial Island
located northerly of the Dubuque greyhound racing
facility and easterly of the wetlands area extending
easterly an average of approximately four hundred
(400) feet more or less to the Mississippi River.
The following described parcel of real estate is and
shall be used for public park purposes and shall be
continued to be known, called and named as "Mis-
sissippi Riverwalk" and placed under the
jurisdiction of the park and recreation advisory
commission:
City of Dubuque
10-5C-1 10-5C-1
Nicholas J. Sutton
swimming pool
Oakwood park
Park Tree Farm
Pet park
The walkway on the floodwall between the Ameri-
can Trust River's Edge Plaza and the Alliant Ener-
gy Amphitheater.
The following described parcel of real estate is and
shall be continued to be known, called and named
as "Nicholas J. Sutton swimming pool" and placed
under the jurisdiction of the park and recreation
advisory commission:
Part of Lots 44, 45, 46, 47, 48, 331, 332 and 333 in
Ham's Addition; that part of vacated Garfield Ave-
nue lying adjacent to Lots 45, 46, 331 and 332 in
Ham's Addition; that part of vacated Summer
Street lying adjacent to Lots 44, 45, 46, 47, 48,
331, 332 and 333 in Ham's Addition; and that part
of the vacated alley lying adjacent to Lots 46 and
47 in Ham's Addition, all in the city of Dubuque,
Iowa.
The following described parcel of real estate is and
shall be used for public park purposes and shall be
continued to be known, called and named as
"Oakwood park" and placed under the jurisdiction
of the park and recreation advisory commission:
Lot 2 Oakwood Park Subdivision and Lot 1 of Lot 1
of Lot 1 of Heim Subdivision, both in the city of
Dubuque, Iowa.
The following described parcel of real estate is and
shall be continued to be known, called and named
as "Park Tree Farm" and placed under the jurisdic-
tion of the park and recreation advisory commis-
sion:
Lots 503 and 515 in Ham's Addition of the city of
Dubuque, Iowa.
The following described parcel of real estate is and
shall be used for public park purposes and shall be
continued to be known, called and named as "Pet
park" and placed under the jurisdiction of the park
and recreation advisory commission:
Area on North Grandview Avenue, east of the
Bunker Hill golf course and south of the water
department pumping station.
City of Dubuque
10-5C-1 10-5C-1
Pinard park
Pyatigorsk park
Riley park:
Rocco Buda Jr. park
Southern park
The following described parcel of real estate is and
shall be used for public park purposes and shall be
continued to be known, called and named as
"Pinard park" and placed under the jurisdiction of
the park and recreation advisory commission:
Lots 138, 139 and 140 in Glendale Addition No. 2
in the city of Dubuque, Iowa.
The following described parcel of real estate is and
shall be used for public park purposes and shall be
continued to be known, called and named as
"Pyatigorsk park" and placed under the jurisdiction
of the park and recreation advisory commission:
Area located at the northeast corner of Sixteenth
Street and Kerper Boulevard, west of the Jaycees
trail and south of the Highway 151 Bridge.
The following described parcel of real estate is and
shall be used for public park purposes and shall be
continued to be known, called and named as "Riley
park" and placed under the jurisdiction of the park
and recreation advisory commission:
Lot E of Crescent Heights Subdivision.
The following described parcel of real estate is and
shall be used for public park purposes and shall be
continued to be known, called and named as
"Rocco Buda Jr. park" and placed under the juris-
diction of the park and recreation advisory commis-
sion:
Lot 1 of 1 of 1 of 810 A. McDaniels Subdivision.
The following described parcel of real estate is and
shall be used for public park purposes and shall be
continued to be known, called and named as
"Southern park" and placed under the jurisdiction
of the park and recreation advisory commission:
Beginning at the NW Corner of Lot 1 of said John
Breakey's Addition; thence S46°223/4'W, 315.98 ft.,
along the Northwesterly line of said John Breakey's
Addition; thence S81 °011/4'W, 12.72 ft.; thence
S38°473/4'E, 64.04 ft.; thence S51 °121/4'W, 46.36
ft.; thence N38°473/4'W, 78.87 ft.; thence
S68°573/4'W, 111.56 ft.; thence S35°45'W, 84.25
ft.; thence S42°39'E, 218.28 ft.
City of Dubuque
10-5C-1 10-5C-1
Teddy Bear park
Usha park
Valentine park
Valley High park
Veterans' Memorial
park
The following described parcel of real estate is and
shall be used for public park purposes and shall be
continued to be known, called and named as "Ted-
dy Bear park" and placed under the jurisdiction of
the park and recreation advisory commission:
Lot 1 of Block 19, Sunnyslopes Estates in the city
of Dubuque, Iowa.
The following described parcel of real estate is and
shall be used for public park purposes and shall be
continued to be known, called and named as "Usha
park" and placed under the jurisdiction of the park
and recreation advisory commission:
Lot 1 of Lot 2 of Lot 1 of Byrne's Subdivision in the
city of Dubuque, Iowa.
The following described parcel of real estate is and
shall be used for public park purposes and shall be
continued to be known, called and named as "Val-
entine park" and placed under the jurisdiction of
the park and recreation advisory commission:
Lot 1 of the Subdivision of Lot 1 of Lot 1 of Lot 1 of
McLean Heights and Lot 4 in Block 2 of Marna
Ridge Estates 2 in the city of Dubuque, Iowa.
The following described parcel of real estate is and
shall be used for public park purposes and shall be
continued to be known, called and named as "Val-
ley High park" and placed under the jurisdiction of
the park and recreation advisory commission:
Lot 2 of Lot 1 of Lot 1 of Lot 1 in Mineral Lot 337
and Lot 5 in Wiegand's Subdivision, all in the city
of Dubuque, Iowa.
The following described parcel of real estate is and
shall be continued to be known, called and named
as "Veterans' Memorial park" and placed under the
jurisdiction of the park and recreation advisory
commission:
Lot 2 of Mineral Lot 382, Lots 1 and 2 of Lot 1 of
Mineral Lot 383, Mineral Lot 384 and part of Lot 1
of Lot 1 of Lot 2 of Mineral Lot 385 lying south of
Thirty Second Street, all in the city of Dubuque,
Iowa.
City of Dubuque
10-5C-1 10-5C-1
Waller -Cooper park
Washington park:
Welu park
Westbrook park
(Ord. 54-06, 7-5-2006)
The following described parcel of real estate is and
shall be used for public park purposes and shall be
continued to be known, called and named as
"Waller -Cooper park" and placed under the juris-
diction of the park and recreation advisory commis-
sion:
Lots 26, 27 and 28 in Cooper Heights Addition in
the city of Dubuque, Iowa.
The following described parcel of real estate is and
shall be used for public park purposes and shall be
continued to be known, called and named as
"Washington park" and placed under the jurisdic-
tion of the park and recreation advisory commis-
sion:
An area bounded on the northerly side by West
Seventh Street, on the westerly side by Bluff
Street, on the southerly side by West Sixth Street,
and on the easterly side by Locust Street.
The following described parcel of real estate is and
shall be used for public park purposes and shall be
continued to be known, called and named as "Welu
park" and placed under the jurisdiction of the park
and recreation advisory commission:
Lot 22 of Sunset Park Eighth Addition to the city of
Dubuque, Iowa.
The following described parcel of real estate is and
shall be used for public park purposes and shall be
continued to be known, called and named as
"Westbrook park" and placed under the jurisdiction
of the park and recreation advisory commission:
Approximately three (3) acres within Lot A, Block 1
of Westbrook Subdivision.
City of Dubuque
TITLE 9 (cont.)
Parking 14
Impoundment Of Vehicles 15
Miscellaneous City Provisions 16
TITLE 10
Public Ways And Property
Streets, Sidewalks And Other
Public Places 1
Excavations 2
Encroachments On Public
Places 3
Waste Collection Receptacles 3A
Newsracks 3B
Projecting Signs 3C
Other Encroachments 3D
Sidewalk Cafes 3E
Mailboxes 3F
Parades And Assemblies 4
Parks And Recreation 5
Administration 5A
Use Regulations 5B
Specific Parks 5C
Railroads 6
Boats, Boating And Waterfront
Structures 7
TITLE 11
Rights Of Way
Nonfranchised Communications
Systems 1
Cable Right Of Way Regulations 2
Cable Communications 2A
Open Video Systems 2B
Cable Television 3
Cable Franchise Agreement ... 3A
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 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
TITLE 13
Public Utilities
Water Use And Service 1
Connections 1A
Water Meters 1B
Rates 1C
Cross Connection Control 1D
Sewers And Sewage Disposal 2
Discharge Regulations 2A
Private Disposal Systems;
Private Haulers 2B
Rates 2C
Industrial Pretreatment
Program 2D
Gas Main Connections 3
Stormwater Management 4
Illicit Connections And
Discharges To Storm Sewer
System 5
April 2013
City of Dubuque
TITLE 13 (cont.) TITLE 15
Solid Waste 6 Planning And Zoning
City Or Private Collection
Service 6A Comprehensive Plan 1
Long Range Planning Advisory
Commission 2
TITLE 14
Building And Development
Building Codes 1
Building Code And Regulations 1A
Residential Code 1B
Energy Conservation Code ... 1C
Electrical Code 1D
Fire Code And Regulations ... 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
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
April 2013
TITLE 16
Unified Development Code
PART I. GENERAL PROVISIONS
Title, Purpose And General
Provisions 1
Definitions
PART II. LAND USE REGULATIONS
2
Land Use General Provisions . . 3
Nonconformities 4
Zoning Districts 5
Overlay Districts 6
Supplemental Use Regulations 7
Zoning Board Of Adjustment
Applications And Procedures . . . 8
Zoning Advisory Commission
Applications And Procedures 9
Historic Preservation Commission
Applications And Procedures ... 10
PART III. LAND DEVELOPMENT
REGULATIONS
Land Subdivision 11
Site Plans 12
Site Design Standards 13
Parking 14
Signs 15
INDEX
City of Dubuque
14-1A-1 14-1A-2
CHAPTER 1
BUILDING CODES
ARTICLE A. BUILDING CODE AND REGULATIONS
SECTION:
14-1A-1:
14-1A-2:
14-1A-3:
14-1A-4:
14-1A-5:
International Building Code Adopted
International Building Code Amendments
Permit Issuance Prohibited During Consideration Of Zoning
Reclassification Or Zoning Or Subdivision Text Amendments
Demolition Permits In Conservation Districts
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, 2009 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, 2009 edition, as adopted,
shall be on file in the office of the city clerk for public inspection. (Ord.
41-10, 7-19-2010)
14-1A-2: INTERNATIONAL BUILDING CODE AMENDMENTS: The
following additions, deletions, modifications, or amendments
of the international building code, 2009 edition, adopted in section 14-1A-1
of this article 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
April 2013
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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
structures.
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
conservation (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
requirement 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.
(Ord. 41-10, 7-19-2010)
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
April 2013
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14-1A-2 14-1A-2
eighty (180) days; provided, that a fee is paid for each renewal as
set by the city manager and the permit holder complies with the
conditions outlined on the building permit.
All city of Dubuque residential building permits issued prior to July
16, 2007 without an expiration date listed shall expire on October 1,
2010.
(Ord. 61-12, 11-19-2012)
Sec. 113. Building Code And Advisory Appeals Board.
A. Board Created. There is hereby created a building code and
advisory appeals board.
B. Mission. The mission of the building code and advisory appeals
board shall be to determine the suitability of alternative building
materials and methods of building construction, to provide for
reasonable interpretation of the provisions of the building code, and
to advise the city council on all building construction regulations and
procedures.
C. Internal Organization And Rules. The board may adopt rules and
regulations to govern its organizational procedures as may be neces-
sary and which are not in conflict with city or state code.
D. Procedures For Operation. All administrative, personnel, account-
ing, budgetary, and procurement policies of the city shall govern the
board in all its operations.
E. Membership.
1. The building code advisory and appeals board shall consist of five
(5) residents of the city of Dubuque, appointed by the city council.
2. Special Qualifications.
a. One (1) member shall be an architect or engineer registered in the
state of Iowa;
b. One (1) member shall be a general building construction
contractor;
c. One (1) member shall be a journeyman carpenter; and,
d. Two (2) members shall be from the public at -large.
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14-1A-2 14-1A-2
F. Terms. The term of office for members of the building code
advisory and appeals board shall be three (3) years. All officers shall
be eligible to serve successive terms of office.
G. Vacancies. Vacancies caused by death, resignation, or otherwise
shall be promptly filled by the city council for the unexpired term of
office.
H. Officers/Organization. The board shall choose annually, from its
own membership, a chairperson and vice chairperson, each to serve
a term of one (1) year. The building official, or designee, shall be
secretary of the board. The board shall fill vacancies among its
officers for the remainder of the unexpired term.
I. Meetings.
1. Regular Meetings. The building code advisory and appeals board
shall meet upon call of the chairperson, secretary or city manager.
2. Special Meetings. Special meetings may be called by the chair-
person or at the written request of three (3) members 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.
3. Open Meetings. All meetings shall be called and held in confor-
mance with the Iowa open meetings law.
4. Attendance.
a. In the event a member of the building code advisory and appeals
board, created by this chapter, has been absent for three (3) or more
consecutive meetings of the board, without being excused by the
chairperson, it shall be grounds for the board to recommend to the
city council that the position be declared vacant and a replacement
appointed.
b. Attendance shall be entered upon the minutes of all meetings.
5. Minutes. A copy of the minutes of all regular and special meetings
of the board shall be filed with the city council within ten (10) working
days after each meeting.
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14-1A-2 14-1A-2
6. Quorum. Three (3) members of the board shall constitute a
quorum for the transaction of business. The affirmative vote of at
least three (3) members shall be necessary for the adoption of any
resolution.
J. Compensation. The members of the building code advisory and
appeals board created by this chapter shall serve without compensa-
tion, provided that they may receive reimbursement for necessary
travel and other expenses while on official board business and such
shall be within the limits established in the city budget.
K. Removal. The city council may remove any member of any board
or commission which it has established.
L. Powers. The building code advisory and appeals board shall have
the following powers, duties, and responsibilities:
1. Any person who is aggrieved by a decision of the building official
on any requirements resulting from the enforcement of the building
code may appeal from such decision to the building code board and
said board shall serve as an appeal board. In case the aggrieved
party is a member of said board, said member shall be disqualified
as a member of the board acting as an appeal board, until the
person aggrieved has been heard and a decision rendered.
The appeal shall be made by the person aggrieved, giving written
notice of such appeal to the building official within seven (7) days of
receipt of decision from which the appeal is taken. The building code
board sitting as an appeal board shall meet within ten (10) working
days after receiving such notice and render a decision within five (5)
working days thereafter. Any interested party, including the building
official, shall have the right to present their case to the appeal board,
whose decision shall be final unless appealed to the district court as
provided by law.
The board of appeals may reverse or modify a decision of the build-
ing official only on finding that:
a. The building official had incorrectly interpreted the provision of
this code; or,
b. The decision of the building official creates an unnecessary hard-
ship upon the appellant.
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14-1A-2 14-1A-2
The board of appeals shall require that sufficient evidence or proof
be submitted to substantiate any claims made regarding the use of
alternates.
All appeal hearings shall be conducted in accordance with the proce-
dures specified in this code.
On issues before the board involving the Americans with disabilities
act (ADA) the board may elect to seek input from ADA advocates in
the community. If the board elects to seek input from ADA advocates
in the community the board shall consult with a minimum of two (2)
individuals.
M. Limitations Of Authority. The board of appeals shall have no
authority relative to interpretation of the administrative provisions of
this code nor shall the board be empowered to waive requirements
of this code.
In so modifying or reversing such decision of the building official, the
board of appeals may authorize any alternate to the decision of the
building official and the provisions, provided it 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, method, or work offered is, for the purpose intended, at
least equivalent to that prescribed by this code in suitability,
strength, effectiveness, durability, fire resistance, and safety.
Sec. 114. Violations.
It shall be unlawful for any person, firm or corporation to erect,
construct, enlarge, alter, repair, move, improve, remove, convert or
demolish, equip, use, occupy or maintain any building or structure or
cause or permit the same to be done in violation of this code.
The doing of any act, or the omission of any act, declared to be
unlawful by this code, or any code or ordinance herein adopted by
reference shall be deemed a separate offense for each and every
day or portion thereof during which any such unlawful act is
committed, continued or permitted and upon conviction shall be
punishable as provided in title 1 of the code of ordinances. The
penalty herein provided shall be cumulative with and in addition to
the revocation, cancellation or forfeiture of any license or permit
elsewhere in this code provided for violation thereof.
April 2013
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14-1A-2 14-1A-3
Sec. 116. Unsafe Structures And Equipment.
All buildings or structures regulated by this code which are struc-
turally unsafe or not provided with adequate egress, or which
constitute a fire hazard, or are otherwise dangerous to human life
are, for the purpose of this section, unsafe. Any use of buildings or
structures constituting a hazard to safety, health or public welfare by
reason of inadequate maintenance, dilapidation, obsolescence, fire
hazard, disaster, damage or abandonment is, for the purpose of this
section, an unsafe use. Parapet walls, cornices, spires, towers,
tanks, statuary and other appendages or structural members which
are supported by, attached to, or a part of a building and which are
in deteriorated condition or otherwise unable to sustain the design
loads which are specified in this code are hereby designated as
unsafe building appendages.
All such unsafe buildings, structures or appendages are hereby
declared to be public nuisances and shall be abated by repair,
rehabilitation, demolition or removal in accordance with the
procedures set forth in title 14, chapter 3 of the code of ordinances.
(Ord. 41-10, 7-19-2010)
14-1 A-3: PERMIT ISSUANCE PROHIBITED DURING CONSIDERA-
TION OF ZONING RECLASSIFICATION OR ZONING OR
SUBDIVISION TEXT AMENDMENTS: The building official of the city is
hereby prohibited from issuing a building permit for real property for which
action has been initiated for a change in the zoning classification of the
property or a text amendment of the zoning or subdivision ordinances. The
prohibition shall be from the date of the filing of the application with the
planning services department until the date of final action of the city council
upon such zoning reclassification or text amendment, including publication
as provided by law where the reclassification or amendment is adopted by
the city council. The city council may, by one or more resolutions, waive
this prohibition in whole or in part. (Ord. 36-06, 5-15-2006)
April 2013
City of Dubuque
7
14-1B-1 14-1B-2
SECTION:
14-1B-1:
14-1B-2:
CHAPTER 1
BUILDING CODES
ARTICLE B. RESIDENTIAL CODE
International Residential Code Adopted
International Residential Code Amendments
14-1B-1: INTERNATIONAL RESIDENTIAL 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 residential code, 2009 edition, and
as published by the International Code Council, Inc., and the provisions of
such building code shall be controlling in the construction, remodeling,
maintenance, repair, and reconstruction of one- and two-family residential
buildings and in all matters covered by such building code within the
corporate limits of the city and shall be known as the "Dubuque residential
building code". A copy of the international residential code, 2009 edition, as
adopted, shall be on file in the office of the city clerk for public inspection.
(Ord. 42-10, 7-19-2010)
14-1 B-2: INTERNATIONAL RESIDENTIAL CODE AMENDMENTS:
The following additions, deletions, modifications, or amend-
ments of the international residential code, 2009 edition, adopted in section
14-1B-1 of this article read as follows:
Sec. R103.1. Creation Of Enforcement Agency.
There is hereby established in the city the building services depart-
ment, which shall be under the jurisdiction of the building official.
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
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City of Dubuque
14-1B-2 14-1B-2
issuance. The building official is authorized to grant, in writing, one
or more extensions of time, for periods not to exceed 180 days. The
extensions shall be requested in writing and justifiable cause
demonstrated.
Sec. R112. Building Code And Advisory Appeals Board.
An appeal of a decision rendered under the international residential
code shall be brought to the building code and advisory appeals
board as outlined in city of Dubuque code of ordinances, title 14,
chapter 1, article A.
Sec. R113. Violations.
It shall be unlawful for any person, firm or corporation to erect,
construct, enlarge, alter, repair, move, improve, remove, convert or
demolish, equip, use, occupy or maintain any building or structure or
cause or permit the same to be done in violation of this code.
The doing of any act, or the omission of any act, declared to be
unlawful by this code, or any code or ordinance herein adopted by
reference shall be deemed a separate offense for each and every
day or portion thereof during which any such unlawful act is
committed, continued or permitted and upon conviction shall be
punishable as provided in title 1 of the code of ordinances. The
penalty herein provided shall be cumulative with and in addition to
the revocation, cancellation or forfeiture of any license or permit
elsewhere in this code provided for violation thereof.
Sec. 310.1. Emergency Escape And Rescue Required.
Basements, habitable attics, and every sleeping room shall have at
least one (1) operable emergency escape and rescue opening.
Where basements contain one or more sleeping rooms, emergency
egress and rescue openings shall be required in each sleeping room.
Where emergency escape and rescue openings are provided they
shall have a sill height of not more than 44 inches (1118 mm) above
the floor. Where a door opening having a threshold below the
adjacent ground elevation serves as an emergency escape and
rescue opening and is provided with a bulkhead enclosure, the
bulkhead enclosure shall comply with section R310.3. The net clear
opening dimensions required by this section shall be obtained by the
normal operation of the emergency escape and rescue opening from
the inside. Emergency escape and rescue openings with a finished
sill height below the adjacent ground elevation shall be provided with
November 2010
City of Dubuque
14-1B-2 14-1B-2
a window well in accordance with section R310.2. Emergency
escape and rescue openings shall open directly into a public way, or
to a yard or court that opens to a public way.
Exceptions:
1. Basements used only to house mechanical equipment and
not exceeding total floor area of 200 square feet (18.58 m2).
2. Basements without bedrooms that provide a second
stairway that terminates in a room separate from the first
stairway.
3. The finished sill height may exceed 44 inches (1118 mm)
above the floor if approved by the building official and the
following conditions are met:
a. The exterior finish grade is more than 36 inches (914 mm)
above the interior floor level of the room, or altering the
exterior configuration of the building would adversely affect
the historical significance of the building.
b. A platform capable of supporting a live load of 300 pounds
shall be permanently affixed at the interior of the window. This
platform shall be no lower than 20 inches (508 mm) above the
floor and no higher than 36 inches (914 mm) above the floor.
The distance from the platform to the finished sill height shall
not exceed 36 inches (914 mm). The platform shall extend
outward from the wall a minimum of 24 inches (610 mm) and
shall be at least as wide as the clear openable width of the
window.
c. The escape or rescue window shall comply with section
R310.2.
d. The building is equipped with smoke detectors installed in
accordance with section R313.
Sec. R311.7.7.2. Continuity.
Handrails for stairways shall be continuous for the full length of the
flight, from a point directly above the top riser of the flight to a point
directly above the lowest riser of the flight. Handrail ends shall be
returned or shall terminate in newel posts or safety terminals.
November 2010
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14-1B-2 14-1B-2
Handrails adjacent to a wall shall have a space of not less than 11/2
inch (38 mm) between the wall and the handrails.
Exceptions:
1. Handrails shall be permitted to be interrupted by a newel
post at a turn.
2. The use of a volute, turnout or starting easing shall be
allowed over the lowest tread.
3. Top rails may be interrupted by walls.
Sec. R313. Automatic Fire Sprinkler Systems is hereby amended by
repealing such section.
Sec. R404.1.2. Concrete Foundation Walls.
Concrete foundation walls that support light -frame walls shall be
designed and constructed in accordance with the provisions of this
section, ACI 318, ACI 332 or PCA 100. Concrete foundation walls
that support above -grade concrete walls that are within the
applicability limits of section R611.2 shall be designed and
constructed in accordance with the provisions of this section ACI
318, ACI 332 or PCA 100. When ACI 318, ACI 332, PCA 100 or the
provisions of this section are used to design concrete foundation
walls, project drawings, typical details, and specifications are not
required to bear the seal of the architect or engineer responsible for
design, unless otherwise required by the state law of the jurisdiction
having authority.
Exception:
The following reinforcement requirements may be used as an
alternative for 8" (204 mm) thick concrete foundation walls
between 96 (2438 mm) and 120 inches (3048 mm) in height:
#4 bars 20 inches (508 mm) on center vertically and #4 bars
24 inches (610 mm) on center horizontally.
Sec. P2603.6. Freezing.
As Dubuque requires a winter design temperature of 32 degrees
Fahrenheit (0 degrees Celsius) or lower as shown in table R301.2(1)
of this code, a water, soil or waste pipe shall not be installed outside
of a building, in exterior walls, in attics or crawl spaces, or in any
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14-1B-2 14-1B-2
other place subjected to freezing temperature unless adequate
provision is made to protect it from freezing by insulation or heat or
both. Water service pipe shall be installed not less than 6 inches
(152 mm) below the frost line.
Sec. P3114.3. Where Permitted.
Individual vents, branch vents, circuit vents and stack vents shall be
permitted to terminate with a connection to an air admittance valve
when approved by the building official or their agent in cases where
structural or existing conditions do not allow for the termination of a
vent to the exterior of the structure.
Individual and branch type air admittance valves shall vent only
fixtures that are on the same floor level and connect to a horizontal
branch drain.
Part VIII "Electrical" is hereby amended by deleting chapters 34-43 in their
entirety.
(Ord. 42-10, 7-19-2010)
November 2010
City of Dubuque
14-1C-1 14-1C-2
SECTION:
14-1C-1:
14-1C-2:
CHAPTER 1
BUILDING CODES
ARTICLE C. ENERGY CONSERVATION CODE
International Energy Conservation Code Adopted
International Energy Conservation Code Amendments
14-1C-1: INTERNATIONAL ENERGY CONSERVATION CODE
ADOPTED: Except as hereinafter added to, deleted, modified,
or amended, there is hereby adopted by reference as the energy code of
the city that certain code known as the international energy conservation
code, 2009 edition, and as published by the International Code Council,
Inc., and the thermal efficiency provisions of such code shall be controlling
in the construction of all new construction and any renovation project that
effects the building thermal envelope of a structure within the corporate
limits of the city, and the lighting efficiency provisions of such code shall be
controlling in the new construction of buildings which are open to the
general public during normal business hours, and shall be known as the
"Dubuque energy code". A copy of the international energy conservation
code, 2009 edition, as adopted, shall be on file in the office of the city clerk
for public inspection. (Ord. 40-10, 7-19-2010)
14-1C-2: INTERNATIONAL ENERGY CONSERVATION CODE
AMENDMENTS: The following additions, deletions, modifica-
tions, or amendments of the international energy conservation code, 2009
edition, adopted in section 14-1C-1 of this article read as follows:
Section 202 General Definitions.
Above -Grade Wall. A wall more than 50 percent above grade and
enclosing conditioned space. This includes between -floor spandrels,
peripheral edges of floors, roof and basement knee walls, dormer
November 2010
City of Dubuque
14-1C-2 14-1C-2
walls, gable end walls, walls enclosing a mansard roof and skylight
shafts.
Accessible. Admitting close approach as a result of not being
guarded by locked doors, elevation or other effective means (see
"Readily Accessible").
Addition. An extension or increase in the conditioned space floor
area or height of a building or structure.
Air Barrier. Material(s) assembled and joined together to provide a
barrier to air leakage through the building envelope. An air barrier
may be a single material or a combination of materials.
Alteration. Any construction or renovation to an existing structure
other than repair or addition that requires a permit. Also, a change in
a mechanical system that involves an extension, addition or change
to the arrangement, type or purpose of the original installation that
requires a permit.
Approved. Approval by the code official as a result of investigation
and tests conducted by him or her, or by reason of accepted
principles or tests by nationally recognized organizations.
Automatic. Self-acting, operating by its own mechanism when
actuated by some impersonal influence, as, for example, a change in
current strength, pressure, temperature or mechanical configuration
(see "Manual").
Basement Wall. A wall 50 percent or more below grade and
enclosing conditioned space.
Building. Any structure used or intended for supporting or sheltering
any use or occupancy.
Building Thermal Envelope. The basement walls, exterior walls, floor,
roof, and any other building element that enclose conditioned space.
This boundary also includes the boundary between conditioned
space and any exempt or unconditioned space.
C -Factor (Thermal Conductance). The coefficient of heat trans-
mission (surface to surface) through a building component or
assembly, equal to the time rate of heat flow per unit area and the
unit temperature difference between the warm side and cold side
surfaces (Btu/h ft2 x oF) [W/(m2 x K)].
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14-1C-2 14-1C-2
Code Official. The officer or other designated authority charged with
the administration and enforcement of this code, or a duly authorized
representative.
Commercial Building. For this code, all buildings that are not
included in the definition of "Residential Buildings."
Conditioned Floor Area. The horizontal projection of the floors
associated with the conditioned space.
Conditioned Space. An area or room within a building being heated
or cooled, containing uninsulated ducts, or with a fixed opening
directly into an adjacent conditioned space.
Crawl Space Wall. The opaque portion of a wall that encloses a
crawl space and is partially or totally below grade.
Curtain Wall. Fenestration products used to create an external
nonload-bearing wall that is designed to separate the exterior and
interior environments.
Daylight Zone.
1. Under Skylights. The area under skylights whose horizontal
dimension, in each direction, is equal to the skylight dimension in
that direction plus either the floor -to ceiling height or the dimension
to a ceiling height opaque partition, or one-half the distance to
adjacent skylights or vertical fenestration, whichever is least.
2. Adjacent To Vertical Fenestration. The area adjacent to vertical
fenestration which receives daylight through the fenestration. For
purposes of this definition and unless more detailed analysis is
provided, the daylight zone depth is assumed to extend into the
space a distance of 15 feet (4572 mm) or to the nearest ceiling
height opaque partition, whichever is less. The daylight zone width is
assumed to be the width of the window plus 2 feet (610 mm) on each
side, or the window width plus the distance to an opaque partition, or
the window width plus one-half the distance to adjacent skylight or
vertical fenestration, whichever is least.
Demand Control Ventilation (DCV). A ventilation system capability
that provides for the automatic reduction of outdoor air intake below
design rates when the actual occupancy of spaces served by the
system is less than design occupancy.
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14-1C-2 14-1C-2
Duct. A tube or conduit utilized for conveying air. The air passages
of self-contained systems are not to be construed as air ducts.
Duct System. A continuous passageway for the transmission of air
that, in addition to ducts, includes duct fittings, dampers, plenums,
fans and accessory air -handling equipment and appliances.
Dwelling Unit. A single unit providing complete independent living
facilities for one or more persons, including permanent provisions for
living, sleeping, eating, cooking and sanitation.
Economizer, Air. A duct and damper arrangement and automatic
control system that allows a cooling system to supply outside air to
reduce or eliminate the need for mechanical cooling during mild or
cold weather.
Economizer, Water. A system where the supply air of a cooling
system is cooled indirectly with water that is itself cooled by heat or
mass transfer to the environment without the use of mechanical
cooling.
Energy Analysis. A method for estimating the annual energy use of
the proposed design and standard reference design based on
estimates of energy use.
Energy Cost. The total estimated annual cost for purchased energy
for the building functions regulated by this code, including applicable
demand charges.
Energy Recovery Ventilation System. Systems that employ air-to-air
heat exchangers to recover energy from exhaust air for the purpose
of preheating, precooling, humidifying or dehumidifying outdoor
ventilation air prior to supplying the air to a space, either directly or
as part of an HVAC system.
Energy Simulation Tool. An approved software program or calcula-
tion -based methodology that projects the annual energy use of a
building.
Entrance Door. Fenestration products used for ingress, egress and
access in nonresidential buildings, including, but not limited to,
exterior entrances that utilize latching hardware and automatic
closers and contain over 50 -percent glass specifically designed to
withstand heavy use and possibly abuse.
November 2010
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14-1C-2 14-1C-2
Exterior Wall. Walls including both above -grade walls and basement
walls.
F -Factor. The perimeter heat loss factor for slab -on -grade floors
(Btu/h x ft x OF) [W/(m x K)].
Fan Brake Horsepower (BHP). The horsepower delivered to the fan's
shaft. Brake horsepower does not include the mechanical drive
losses (belts, gears, etc.).
Fan System BHP. The sum of the fan brake horsepower of all fans
that are required to operate at fan system design conditions to
supply air from the heating or cooling source to the conditioned
spacers and return it to the source or exhaust it to the outdoors.
Fan System Design Conditions. Operating conditions that can be
expected to occur during normal system operation that result in the
highest supply fan airflow rate to conditioned spaces served by the
system.
Fan System Motor Nameplate HP. The sum of the motor nameplate
horsepower of all fans that are required to operate at design
conditions to supply air from the heating or cooling source to the
conditioned spacers and return it to the source or exhaust it to the
outdoors.
Fenestration. Skylights, roof windows, vertical windows (fixed or
moveable), opaque doors, glazed doors, glazed block and combina-
tion opaque/glazed doors. Fenestration includes products with glass
and nonglass glazing materials.
Gambling Facility - Back Of House. Areas of a gambling structure or
moored barge and associated hotel, meeting, entertainment or
recreation spaces that are only accessible to authorized personnel
and not to the general public and guests, such as employee and
delivery entrances, employee lounges and dining areas, administra-
tive offices and meeting rooms, maintenance areas, storage rooms,
service corridors, etc.
Gambling Facility - Front Of House. Areas of gambling structure or
moored barge and associated hotel, meeting, entertainment or
recreation spaces that are physically accessible or visible to the
general public and guests, such as the exterior facades,
landscaping, entries, lobbies, guestroom corridors, porte cocheres,
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14-1C-2 14-1C-2
retail shops, restaurants, theaters, gaming areas, guest conference
and meeting rooms, other areas of entertainment or recreation, etc.
Heat Trap. An arrangement of piping and fittings, such as elbows, or
a commercially available heat trap that prevents thermosyphoning of
hot water during standby periods.
Heated Slab. Slab -on -grade construction in which the heating
elements, hydronic tubing, or hot air distribution system is in contact
with, or placed within or under, the slab.
Humidistat. A regulatory device, actuated by changes in humidity,
used for automatic control of relative humidity.
IDGH-Efficacy Lamps. Compact fluorescent lamps, T-8 or smaller
diameter linear fluorescent lamps, or lamps with a minimum efficacy
of:
1. 60 lumens per watt for lamps over 40 watts,
2. 50 lumens per watt for lamps over 15 watts to 40 watts, and
3. 40 lumens per watt for lamps 15 watts or less.
Infiltration. The uncontrolled inward air leakage into a building
caused by the pressure effects of wind or the effect of differences in
the indoor and outdoor air density or both.
Insulating Sheathing. An insulating board with a core material having
a minimum R -value of R-2.
Kitchen Display. A substantially open cooking and food preparation
facility, located in the front -of -house dining room/lounge area
specifically for the purpose of demonstrating the function of food and
drink preparation.
Labeled. Equipment, materials or products to which have been
affixed a label, seal, symbol or other identifying mark of a nationally
recognized testing laboratory, inspection agency or other organiza-
tion concerned with product evaluation that maintains periodic
inspection of the production of the above -labeled items and whose
labeling indicates either that the equipment, material or product
meets identified standards or has been tested and found suitable for
a specified purpose.
November 2010
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14-1C-2 14-1C-2
Listed. Equipment, materials, products or services included in a list
published by an organization acceptable to the code official and
concerned with evaluation of products or services that maintains
periodic inspection of production of listed equipment or materials or
periodic evaluation of services and whose listing states either that
the equipment, material, product or service meets identified
standards or has been tested and found suitable for a specified
purpose.
Low -Voltage Lighting. Lighting equipment powered through a
transformer such as a cable conductor, a rail conductor and track
lighting.
Manual. Capable of being operated by personal intervention (see
"Automatic").
Nameplate Horsepower. The nominal motor horsepower rating
stamped on the motor nameplate.
Proposed Design. A description of the proposed building used to
estimate annual energy use for determining compliance based on
total building performance.
R -Value (Thermal Resistance). The inverse of the time rate of heat
flow through a body from one of its bounding surfaces to the other
surface for a unit temperature difference between the two surfaces,
under steady state conditions, per unit area (h . ftz . °FIBtu)
[(m2 . K)/W].
Readily Accessible. Capable of being reached quickly for operation,
renewal or inspection without requiring those to whom ready access
is requisite to climb over or remove obstacles or to resort to portable
ladders or access equipment (see "Accessible").
Repair. The reconstruction or renewal of any part of an existing
building.
Residential Building. For this code, includes R-3 buildings, as well as
R-2 and R-4 buildings three stories or Tess in height above grade.
Roof Assembly. A system designed to provide weather protection
and resistance to design loads. The system consists of a roof
covering and roof deck or a single component serving as both the
roof covering and the roof deck. A roof assembly includes the roof
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City of Dubuque
14-1C-2 14-1C-2
covering, underlayment, roof deck, insulation, vapor retarder and
interior finish.
Screw Lamp Holders. A lamp base that requires a screw -in -type
lamp, such as a compact -fluorescent, incandescent, or tungsten -
halogen bulb.
Service Water Heating Supply of hot water for purposes other than
comfort heating.
Skylight. Glass or other transparent or translucent glazing material
installed at a slope of 15 degrees (0.26 rad) or more from vertical.
Glazing material in skylights, including unit skylights, solariums,
sunrooms, roofs and sloped walls is included in this definition.
Sleeping Unit. A room or space in which people sleep, which can
also include permanent provisions for living, eating, and either
sanitation or kitchen facilities but not both. Such rooms and spaces
that are also part of a dwelling unit are not sleeping units.
Solar Heat Gain Coefficient (SHGC). The ratio of the solar heat gain
entering the space through the fenestration assembly to the incident
solar radiation. Solar heat gain includes directly transmitted solar
heat and absorbed solar radiation which is then reradiated,
conducted or convected into the space.
Standard Reference Design. A version of the proposed design that
meets the minimum requirements of this code and is used to deter-
mine the maximum annual energy use requirement for compliance
based on total building performance.
Storefront. A nonresidential system of doors and windows mulled as
a composite fenestration structure that has been designed to resist
heavy use. Storefront systems include, but are not limited to, exterior
fenestration systems that span from the floor level or above to the
ceiling of the same story on commercial buildings.
Sunroom. A one-story structure attached to a dwelling with a glazing
area in excess of 40 percent of the gross area of the structure's
exterior walls and roof.
Thermal Isolation. Physical and space conditioning separation from
conditioned space(s). The conditioned space(s) shall be controlled
as separate zones for heating and cooling or conditioned by
separate equipment.
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14-1C-2 14-1C-2
Thermostat. An automatic control device used to maintain tempera-
ture at a fixed or adjustable set point.
U -Factor (Thermal Transmittance). The coefficient of heat trans-
mission (air to air) through a building component or assembly, equal
to the time rate of heat flow per unit area and unit temperature
difference between the warm side and cold side airfilms
(Btu/h . ft2 . OF) (W/(m2 . K»).
Ventilation. The natural or mechanical process of supplying condi-
tioned or unconditioned air to, or removing such air from, any space.
Ventilation Air. That portion of supply air that comes from outside
(outdoors) plus any recirculated air that has been treated to maintain
the desired quality of air within a designated space.
Zone. A space or group of spaces within a building with heating or
cooling requirements that are sufficiently similar so that desired
conditions can be maintained throughout using a single controlling
device.
Sec. 403.2. Reserved.
Sec. 505.5.1. Total Connected Interior Lighting Power.
The total connected interior lighting power (watts) shall be the sum
of the watts of all interior lighting equipment as determined in
accordance with section 505.5.1.1 through 505.5.1.4.
Exceptions: The connected power associated with the following
lighting equipment is not included in calculating the total connected
lighting power.
1. Specialized medical, dental, and research lighting.
2. Professional and/or competition level sports playing area lighting.
3. Display lighting for exhibits in galleries, museums, monuments,
and convention centers.
4. Sleeping unit lighting in hotels, motels, boarding houses or similar
buildings
5. Emergency lighting automatically off during normal building
operation.
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14-1C-2 14-1C-2
6. Gambling facility - front of house areas.
7. Display kitchen and bar areas.
Sec. 505.5.2. Interior Lighting Power.
The total interior lighting power (watts) is the sum of all interior
lighting powers for all area in the building covered in this permit. The
interior lighting power is the floor area for each building area type
listed in table 505.5.2 times the value from table 505.5.2 for that
area. For areas with high ceilings and lighting fixture mounting
heights that exceed 12 feet, an adjustment factor is allowed by
multiplying the LPD value from table 505.5.2 with the adjustment
factor in table 505.5.3. For the purposes of this method, an "area"
shall be defined as all contiguous spaces that accommodate or are
associated with a single building area type as listed in table 505.5.2.
When this method is used to calculate the total interior lighting
power for an entire building, each building area type shall be treated
as a separate area.
TABLE 505.5.3
ADJUSTMENTS FOR MOUNTING HEIGHTS ABOVE FLOOR
Height (In Feet) Above
The Finished Floor To The
Bottom Of Luminaire(s)
Multiply LPD By
12 or less
1.0
13
1.05
14
1.10
15
1.15
16
1.21
17
1.47
18
1.65
19
1.84
20 or more
2.04
November 2010
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14-1C-2 14-1C-2
Sec. 505.6. Exterior Lighting (Mandatory).
When the power for the exterior lighting is supplied through the
energy service to the building, all exterior lighting, other than low -
voltage lighting, shall comply with sections 505.6.1 and 505.6.2.
Exceptions:
1. Where approved because of historical, safety, signage or
emergency considerations.
2. Light emitting diode (LED), neon, and cold cathode exterior lamp
sources.
3. Gambling facility - front of house areas.
(Ord. 40-10, 7-19-2010)
November 2010
City of Dubuque
14-1E-1 14-1E-2
SECTION:
14-1E-1:
14-1E-2:
14-1E-3:
14-1E-4:
14-1E-5:
CHAPTER 1
BUILDING CODES
ARTICLE E. FIRE CODE AND REGULATIONS
International Fire Code Adopted
International Fire Code Amendments
International Fire Code Enforcement
Emergencies
Special Conditions
14-1E-1: INTERNATIONAL FIRE CODE ADOPTED: Except as
hereinafter added to, deleted, modified or amended, the
international fire code, 2009 edition, as promulgated by the International
Code Council, is hereby adopted by reference from the effective date
hereof.
A copy of the international fire code, 2009 edition, shall be on file in the
office of the city clerk for public inspection. (Ord. 46-10, 8-6-2010)
14-1 E-2: INTERNATIONAL FIRE CODE AMENDMENTS: The follow-
ing additions, deletions, modifications, or amendments of the
international fire code, 2009 edition, adopted in section 14-1E-1 of this
article read as follows:
Section 102.5, 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 conservation
(UCBC) or title 14, chapter 5 of the city of Dubuque code of
ordinances.
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14-1E-2 14-1E-3
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
requirement shall be applicable.
Wherever in this code reference is made to the appendix, the
provisions in the appendix shall not apply unless specifically
adopted.
Section 104.1.2, Fire/Police Investigators.
The fire chief may appoint and designate such members of the fire
department as fire/police investigators upon being certified by the
Iowa Law Enforcement Academy. A fire/police investigator shall have
the powers of a peace officer in performing the duties under this
code, including full powers of arrest to effectuate the duties of
enforcing city ordinances and state statutes. Notwithstanding such
status as a peace officer, a fire/police investigator shall be subject to
the rules and regulations of the Dubuque fire department and shall
perform such functions as the fire chief shall assign.
Section 105, Permits Required.
It shall be unlawful for any person, firm or corporation to use a
building or premises or engage in any activities for which a permit is
required by the code of ordinances without first having obtained such
permit.
Section 108. Whenever the fire chief shall disapprove an application or
refuse to grant a permit applied for, that applicant may appeal from the
decision of the fire chief to the city manager within ten (10) days from the
date of the decision appealed. Such appeal to the city manager shall be
made in writing setting forth the decision appealed from and the grounds for
such appeal.
Section 109.3, Violation Penalties is hereby repealed.
(Ord. 46-10, 8-6-2010)
14-1E-3: INTERNATIONAL FIRE CODE ENFORCEMENT: The code
adopted by section 14-1E-1 of this article shall be enforced by
the bureau of fire prevention in the fire department of the city. (Ord. 46-10,
8-6-2010)
November 2010
City of Dubuque
14-1F-1 14-1F-2
CHAPTER 1
BUILDING CODES
ARTICLE F. MECHANICAL CODE
SECTION:
14-1F-1: International Mechanical Code Adopted
14-1F-2: International Mechanical Code Amendments
14-1F-3: Fees
14-1F-1: INTERNATIONAL MECHANICAL CODE ADOPTED: Except
as hereinafter added to, deleted, modified or amended, there
is hereby adopted by reference as the mechanical code of the city that
certain mechanical code known as the international mechanical code, 2009
edition, and the provisions of such mechanical code shall be controlling for
the installation, maintenance and use of heating, ventilating, cooling,
refrigeration systems, incinerators and other miscellaneous heat producing
appliances within the corporate limits of the city and shall be known as the
Dubuque mechanical code. A copy of the international mechanical code,
2009 edition, as adopted, shall be on file in the office of the city clerk for
public inspection. (Ord. 44-10, 7-19-2010)
14-1 F-2: INTERNATIONAL MECHANICAL CODE AMENDMENTS:
The following additions, deletions, modifications, or amend-
ments of the international mechanical code, 2009 edition, adopted in
section 14-1F-1 of this article read as follows:
Section 203, "Board Of Appeals" is hereby amended by repealing such
section and replacing such section with a new section in lieu thereof as
follows:
Section 203. Mechanical Code Board.
A. Board Created. There is hereby created a mechanical code board.
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14-1F-2 14-1F-2
B. Mission. The mission of the mechanical code board shall be to
determine the suitability of alternative materials and methods of
installation, to provide for reasonable interpretations of the
mechanical code, to serve as an appeal body for the decisions of the
building official, to advise the city council on all heating, ventilating,
air conditioning, and refrigeration regulations and procedures, and to
provide for examining applicants for certification of competency and
issuing certificates of competency and registration.
C. Internal Organization And Rules. The board may adopt rules and
regulations to govern its organizational procedures as may be
necessary and which are not in conflict with city or state code.
D. Procedures For Operation. All administrative, personnel,
accounting, budgetary, and procurement policies of the city shall
govern the board in all its operations.
E. Membership.
1. The mechanical code board shall consist of seven (7)
residents of the city of Dubuque, appointed by the city
council.
2. Special Qualifications.
a. Each member shall have a background or experience in
sheet metal contracting, hot water and steam fitting
contracting, hot water and steam fitting work, refrigeration
contracting, refrigeration work, or mechanical engineering.
F. Terms. The term of office for members of the mechanical code
board shall be three (3) years. All officers shall be eligible to serve
successive terms of office.
G. Vacancies. Vacancies caused by death, resignation, or otherwise
shall be promptly filled by the city council for the unexpired term of
office.
H. Officers/Organization. The board shall choose annually, from its
own membership, a chairperson and vice chairperson, each to serve
a term of one (1) year. The building official, or the building official's
designee, shall be secretary of the board. The board shall fill
vacancies among its officers for the remainder of the unexpired term.
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14-1F-2 14-1F-2
I. Meetings.
1. Regular Meetings. The mechanical code board shall meet
at least once every three (3) months.
2. Special Meetings. Special meetings may be called by the
chairperson or at the written request of three (3) members 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.
3. Open Meetings. All meetings shall be called and held in
conformance with the Iowa open meetings law.
4. Attendance.
a. In the event a member of the mechanical code board,
created by this chapter, has been absent for three (3) or more
consecutive meetings of the board, without being excused by
the chairperson, it shall be grounds for the board to
recommend to the city council that the position be declared
vacant and a replacement appointed.
b. Attendance shall be entered upon the minutes of all
meetings.
5. Minutes. A copy of the minutes of all regular and special
meetings of the board shall be filed with the city council within
ten (10) working days after each meeting.
6. Quorum. Four (4) members of the board shall constitute a
quorum for the transaction of business. The affirmative vote of
at least four (4) members shall be necessary for the adoption
of any resolution.
J. Compensation. The members of the mechanical code board
created by this chapter shall serve without compensation, provided
that they may receive reimbursement for necessary travel and other
expenses while on official board business and such shall be within
the limits established in the city budget.
K. Removal. The city council may remove any member of any board
or commission which it has established.
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14-1F-2 14-1F-2
L. Powers. The mechanical code board commission shall have the
following powers, duties, and responsibilities:
Any person who is aggrieved by a decision of the building
official resulting from the enforcement of the mechanical code
may appeal from such decision to the mechanical code board,
and said board shall serve as an appeal board. In case the
aggrieved party is a board member, said member shall be
disqualified as a member of the board acting as an appeal
board until the person aggrieved has been heard and a
decision rendered.
The appeal shall be made by the person aggrieved giving
written notice of such appeal to the building official at the
building official's office within seven (7) days. The building
official shall, within seven (7) days thereafter, notify the board
of the appeal. The mechanical code board shall meet within
seven (7) days after receiving such notice and shall render a
decision within five (5) days thereafter. Any interested party,
including the building official, may have the right to present
such party's case to the appeal board, whose decision shall
be final unless appealed to the district court as provided by
law.
Section 204, "Violations" is hereby amended by repealing such section and
replacing such section with a new section in lieu thereof as follows:
Section 204. Violations And Penalties. It shall be unlawful for any
person, firm, or corporation to erect, construct, enlarge, alter, repair,
move, improve, remove, convert, or demolish, equip, use, occupy, or
maintain any building or structure or cause or permit the same to be
done in violation of this code.
The doing of any act, or the omission of any act, declared to be
unlawful by this code, or any code or ordinance herein adopted by
reference shall be deemed a separate offense for each and every
day or portion thereof during which any such unlawful act is
committed, continued or permitted and upon conviction shall be
punishable as provided in title 1 of the code of ordinances. The
penalty herein provided shall be cumulative with and in addition to
the revocation, cancellation or forfeiture of any license or permit
elsewhere in this code provided for violation thereof.
Table 3-A, "Mechanical Permit Fees" is hereby repealed.
(Ord. 44-10, 7-19-2010)
November 2010
City of Dubuque
14-1F-3 14-1F-3
14-1F-3: FEES: The fee for each mechanical permit and supplemental
mechanical permits shall be as established by the city
manager. (Ord. 44-10, 7-19-2010)
November 2010
City of Dubuque
14-1G-1 14-1G-2
SECTION:
14-1G-1:
14-1G-2:
CHAPTER 1
BUILDING CODES
ARTICLE G. FUEL GAS CODE
Fuel Gas Code Adopted
Fuel Gas Code Amendments
14-1G-1: FUEL GAS CODE ADOPTED: Except as hereinafter added
to, deleted, modified or amended, there is hereby adopted by
reference as the fuel gas code of the city that certain fuel gas code known
as the international fuel gas code, 2009 edition, as prepared and edited by
the International Code Council (ICC), and the provisions of such fuel gas
code shall be controlling for the installation, maintenance and use of fuel
gas piping systems, fuel gas utilization equipment, gaseous hydrogen
systems and related accessories within the corporate limits of the city and
shall be known as the Dubuque fuel gas code. A copy of the international
fuel gas code, 2009 edition, as adopted, shall be on file in the office of the
city clerk for public inspection. (Ord. 39-10, 7-19-2010)
14-1G-2: FUEL GAS CODE AMENDMENTS:
Section 406.4.1 Test Pressure and 406.4.2 Test Duration shall be deleted
and replaced with the following:
The test pressure to be used shall be 15 psi for 15 minutes with a 30
psi gauge maximum pound increments on all natural and LP fuel gas
piping systems of 2 psi or less. For fuel piping systems greater than
2 psi the test pressure shall be 50 psi for 30 minutes with a 100 psi
gauge maximum 2 pound increments.
(Ord. 39-10, 7-19-2010)
November 2010
City of Dubuque
(
(
(7
14-1H-1 14-1H-2
SECTION:
14-1H-1:
14-1H-2:
14-1 H-3:
14-1H-4:
14-1H-5:
14-1H-6:
CHAPTER 1
BUILDING CODES
ARTICLE H. PLUMBING CODE
International Plumbing Code Adopted
International Plumbing Code Amendments
Licensure And Certification
Backflow Prevention Requirements For New Residential
Construction
Backflow Prevention Requirements For Existing Water
Services
Inspection Fees
14-1H-1: INTERNATIONAL PLUMBING CODE ADOPTED: Except as
hereinafter added to, deleted, modified or amended, there is
hereby adopted by reference as the plumbing code of the city that certain
plumbing code known as the international plumbing code, 2009 edition,
published by the International Code Council, and the provisions of such
plumbing code shall be controlling for the installation, alteration, repair,
relocation, replacement, addition to and use or maintenance of plumbing
equipment and systems in all matters covered by such plumbing code
within the corporate limits of the city and shall be known as the Dubuque
plumbing code. A copy of the international plumbing code, 2009 edition, as
adopted, shall be on file in the office of the city clerk for public inspection.
(Ord. 43-10, 7-19-2010)
14-1 H-2: INTERNATIONAL PLUMBING CODE AMENDMENTS: The
following additions, deletions, modifications, or amendments
of the international plumbing code, 2009 edition, adopted in section 14-1H-1
of this article read as follows:
Sec. 103.3. Deputies.
In accordance with prescribed procedures and with the approval of
the city manager, the building official may appoint such number of
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City of Dubuque
14-1H-2 14-1H-2
assistants, inspectors, and other employees as shall be authorized
from time to time.
Sec. 103.4. Liability.
The building official or authorized representative charged with the
enforcement of this code, acting in good faith and without malice in
the discharge of his or her duties, shall not thereby be rendered
liable for any damage that may accrue to persons or property as a
result of any act or by reason of any act or omission in the discharge
of his or her duties. A suit brought against the building official or
authorized representative because of such act or omission
performed by him or her in the enforcement of any provision of this
code shall be defended by legal counsel provided by this jurisdiction
until final termination of such proceedings.
Sec. 104.1. Administrative Authority.
The administrative authority shall be the building official who is duly
appointed to enforce this code.
Sec. 104.5. Right Of Entry.
Whenever it is necessary to make an inspection to enforce the
provisions of this code, or whenever the building official or the
building official's authorized representative has reasonable cause to
believe that there exists in any building or upon any premises any
condition or violations of this code which make the building or
premises unsafe, insanitary, dangerous, or hazardous, the building
official or the building official's authorized representative may enter
the building or premises at all reasonable times to inspect or to
perform the duties imposed upon the building official by this code,
provided that if such building or premises be occupied, the building
official shall present his or her credentials to the occupant and
request entry. If such building or premises is unoccupied, the
building official shall first make a reasonable effort to locate the
owner or other person having charge or control of the building or
premises and request entry. If entry is refused the building official or
the building official's authorized representative, the building official
shall have recourse to every remedy provided by law to secure entry.
When the building official or the building official's authorized
representative shall have first obtained a proper inspection warrant
or other remedy provided by law to secure entry, no owner or
occupant or person having charge, care, or control of any building or
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premises shall fail or neglect, after proper request is made as herein
provided, to promptly permit entry therein by the building official or
the building official's authorized representative for the purpose of
inspection and examination pursuant to this code.
Sec. 105. Brazing And Welding.
Brazing and welding shall conform to the applicable standards. All
brazing on medical gas systems shall be performed by certified
installers meeting the requirements of the plumbing board.
Sec. 106.1. Permits Required.
It shall be unlawful for any person, firm, or corporation to make any
installation, alteration, repair, replacement, or remodel any plumbing
system regulated by this code except as permitted in subsection (b)
of this section, or cause the same to be done without first obtaining
a separate plumbing permit for each separate building or structure.
Sec. 106.2. Exempt Work.
A plumbing permit shall not be required for the following:
(1) The clearing of stoppages or repairing of leaks in drains, soil,
waste, or vent pipes; provided, however, that should any concealed
trap, drainpipe, soil, waste, or vent pipe be removed and replaced
with new material, the same shall be considered as new work and a
permit shall be procured and inspection made.
(2) The clearing of stoppages or repairing of leaks in piping and/or
valves when such repairs do not involve or require the replacement
or rearrangement of piping and/or valves.
(3) The replacement of inoperable, broken, or damaged fixtures,
faucets, or tanks; provided, however, that replacement items meet
the requirements of the Dubuque plumbing code.
Sec. 106.6. Permit Fees.
The fees for each permit shall be as set forth by the city council.
Sec. 106.6.1. Investigation Fees; Work Without A Permit.
(1) Investigation. Whenever any work for which a permit is required
by this code has been commenced without first obtaining said
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permit, a special investigation shall be made before a permit may be
issued for such work.
(2) Fee. An investigation fee, in addition to the permit fee, shall be
collected whether or not a permit is then or subsequently issued.
The investigation fee shall be equal to the amount of the permit fee
that would be required by this code if a permit were to be issued.
The payment of such investigation fee shall not exempt any person
from compliance with all other provisions of this code nor from any
penalty prescribed by law.
Sec. 106.6.3. Fee Refunds.
(1) The building official may authorize the refunding of any fee paid
hereunder which was erroneously paid or collected.
(2) The building official may authorize the refunding of not more than
eighty (80) percent of the permit fee paid when no work has been
done under a permit issued in accordance with this code.
(3) The building official may authorize the refunding of not more than
eighty (80) percent of the plan review fee paid when an application
for a permit for which a plan review fee has been paid is withdrawn
or cancelled before any plan review effort has been expended.
Sec. 107.1. Testing Of Plumbing Work.
(a) Inspections.
(1) Scope. All new plumbing work and such portions of existing
systems as may be affected by new work, or any changes, shall be
inspected by the building official or a duly authorized representative
as required in this code.
(2) Responsibility. It shall be the duty of the holder of a permit to
make sure that the work will stand the test prescribed before
notifying the building official that said work is ready for inspection.
(3) Test. Tests shall be conducted in the presence of the building
official or a duly authorized representative.
(4) Retesting. If the building official finds that the work will not pass
the required test, necessary corrections shall be made and the work
shall then be resubmitted for test or inspection.
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(b) Testing.
(1) Responsibility. The equipment, material, and labor necessary for
inspection or tests shall be furnished by the person to whom the
permit is issued or by whom inspection is requested.
(2) Media. The piping of the plumbing, drainage, and venting
systems shall be tested with water or air. The building official may
require the removal of any cleanouts, etc., to ascertain if the
pressure has reached all parts of the system. After the plumbing
fixtures have been set and their traps filled with water, they shall be
submitted to a final test.
(3) Water Test. The water test shall be applied to the drainage and
vent system either in its entirety or in sections. If applied to the
entire system, all openings in the piping system shall be tightly
closed, except the highest opening, and the system filled with water
to the point of overflow. If the system is tested in sections, each
opening shall be tightly plugged except the highest opening of the
section under test, and each section shall be filled with water, but no
section shall be tested with less than a ten -foot (3 m) head of water.
In testing successive sections, at least the upper ten (10) feet (3 m)
of the next preceding section shall be tested, so that no joint or pipe
in the building (except the uppermost ten (10) feet (3 m) of the
system) shall have been submitted to a test of less than a ten -foot
(3 m) head of water. The water shall be kept in the system, or in the
portion under test, for at least fifteen (15) minutes before inspection
starts. The system shall then be tight at all points.
(4) Air Test. The air test shall be made by attaching an air
compressor testing apparatus to any suitable opening, and, after
closing all other inlets and outlets to the system, forcing air into the
system until there is a uniform gauge pressure of five (5) pounds per
square inch (34.5 kPa) or sufficient to balance a column of mercury
ten (10) inches (254 mm) in height. The pressure shall be held
without introduction of additional air for a period of at least fifteen
(15) minutes.
(5) Building Sewer Test. The building sewer shall be inspected and
approved by the building official before being concealed. Neither the
building official nor the city shall be liable for expense entailed in the
removal or replacement of material required to permit inspection.
(6) Water Piping. Upon completion of a section or of the entire hot
and cold water supply system, it shall be tested and proved tight
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under a water pressure test not less than the working pressure under
which it is to be used. The water used for test shall be obtained from
a potable source of supply. A fifty (50) pounds per square inch
(344.5 kPa) air pressure may be substituted for the water test. In
either method of test, the piping shall withstand the test without
leaking for a period of not less than fifteen (15) minutes.
(7) Defective Systems. An air test shall be used in testing the
sanitary condition of the drainage or plumbing system of any building
premises when there is reason to believe that it has become
defective.
(8) Moved Structures. All parts of the plumbing systems of any
building or structure that is moved into or within the jurisdictional
limits of the city, shall be completely tested as prescribed elsewhere
in this section for new work, except that walls or floors need not be
removed for such test when other equivalent means of inspection
acceptable to the building official are provided.
(9) Test Waived. No test or inspection shall be required where a
plumbing system, or part thereof, is set up for exhibition purposes
and has no connection with a water or drainage system.
(10) Exceptions. In cases where it would be impractical to provide
the aforementioned water or air tests, or for minor installations and
repairs, the building official, at the building official's discretion, may
make such inspection as the building official deems advisable in
order to assure the building official that the work has been performed
in accordance with the intent of this code.
(11) Tests For Shower Receptors. Shower receptors shall be tested
for water tightness by filling with water to the level of the rough
threshold. The test plug shall be so placed that both upper and
under sides of the subpan shall be subjected to the test at the point
where it is clamped to the drain.
(12) Protectively coated pipe inspection and repair shall conform to
section 318.1 of IAMPMO installation standard IS 13, listed in table
A.
Sec. 108.3. Prosecution Of Violation.
If the notice of violation is not complied with promptly, the building
official shall request the city attorney's office to institute the
appropriate proceeding at law or in equity to restrain, correct or
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abate such violation, or to require the removal or termination of the
unlawful occupancy of the structure in violation of the provisions of
this code or of the order or direction made pursuant thereto.
Sec. 108.4. Violation And Penalties.
The doing of any act, or the omission of any act, declared to be
unlawful by this code, or any code or ordinance herein adopted by
reference shall be deemed a separate offense for each and every
day or portion thereof during which any such unlawful act is
committed, continued, or permitted and upon conviction shall be
punishable as provided in title 1, chapter 4 of the code of
ordinances. The penalty herein provided shall be cumulative with
and in addition to the revocation, cancellation, or forfeiture of any
license or permit elsewhere in this code provided for violation
thereof.
Sec. 108.7.1. Authority To Condemn Equipment.
Whenever the building official ascertains that any plumbing, or
portion thereof, regulated by this code has become hazardous to life,
health, property, or has become insanitary, the building official shall
order in writing that such plumbing either be removed or restored to
a safe or sanitary condition, as appropriate. The written notice itself
shall fix a time limit for compliance with such order. No person shall
use or maintain defective plumbing after receiving such notice.
When such plumbing is to be disconnected, written notice as
prescribed in section 108.7.2 shall be given. In cases of immediate
danger to life or property, such disconnection may be made
immediately without such notice.
Sec. 108.7.2. Authority To Order Disconnection Of Utilities.
The building official or the building official's authorized
representative shall have the authority to order disconnection of any
plumbing supplied to a building, structure, or equipment regulated by
this code when the building official determines that the equipment or
any portion thereof has become hazardous or insanitary. Written
notice of such order to disconnect service and the causes therefor
shall be given within twenty-four (24) hours to the owner and
occupant of such building, structure, or premises. However, in cases
of immediate danger to life or property, such disconnection may be
made immediately without such notice. The building official shall
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immediately notify the serving utility in writing of such order to
disconnect.
Sec. 108.7.3. Connection From Order To Disconnect.
No person shall make connections from any energy, fuel, power
supply, or water distribution system nor supply energy, fuel, or water
to any equipment regulated by this code which has been dis-
connected or ordered to be disconnected by the building official or
the use of which has been ordered to be discontinued by the building
official until the building official authorizes the reconnection and use
of such equipment.
When any plumbing is maintained in violation of this code, and in
violation of any notice issued pursuant to the provisions of this
section, the building official may consult with the city attorney's office
to institute any appropriate action to prevent, restrain, correct, or
abate the violation.
Sec. 109. Means Of Appeal.
109.1. Board Created. There is hereby created a plumbing code
board.
109.2. Mission. The mission of the plumbing code board shall be to
determine the suitability of alternative materials and methods of
installation; to provide for reasonable interpretations of the plumbing
code; to serve as an appeal body for the decisions of the building
official; to advise the city council on all plumbing regulations and
procedures; and to provide for examining applicants for master
plumbers and journeyman plumbers licenses and issuing master
plumber and journeyman plumbers licenses.
109.3. Internal Organization And Rules. The board may adopt rules
and regulations to govern its organizational procedures as may be
necessary and which are not in conflict with city or state code.
109.4. Procedures For Operation. All administrative, personnel,
accounting, budgetary, and procurement policies of the city shall
govern the board in all its operations.
109.5. Membership.
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1. The plumbing code board shall consist of five (5) residents
of the city of Dubuque, appointed by the city council.
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2. Special Qualifications.
a. One (1) member shall hold a license as a journeyman
plumber of at least five (5) years experience;
b. Two (2) members shall be master plumbers who have
engaged in the plumbing business as master plumbers for at
least five (5) years in this city;
c. One (1) member shall hold a bachelor of science degree in
the area of physical sciences; and,
d. One (1) member shall represent the public at -large.
109.6. Terms. The term of office for members of the plumbing code
board shall be three (3) years. All officers shall be eligible to serve
successive terms of office.
109.7. Vacancies. Vacancies caused by death, resignation, or
otherwise shall be promptly filled by the city council for the unexpired
term of office.
109.8. Officers/Organization. The board shall choose annually, from
its own membership, a chairperson and vice chairperson, each to
serve a term of one (1) year. The building official, or the building
official's designee, shall be secretary of the board. The board shall
fill vacancies among its officers for the remainder of the unexpired
term.
109.9. Meetings.
1. Regular Meetings. The plumbing code board shall meet
once every three (3) months.
2. Special Meetings. Special meetings may be called by the
chairperson or at the written request of three (3) members 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.
3. Open Meetings. All meetings shall be called and held in
conformance with the Iowa open meetings law.
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4. Attendance.
a. In the event a member of the plumbing code board, created
by this chapter, has been absent for three (3) or more
consecutive meetings of the board, without being excused by
the chairperson, it shall be grounds for the board to
recommend to the city council that the position be declared
vacant and a replacement appointed.
b. Attendance shall be entered upon the minutes of all
meetings.
5. Minutes. A copy of the minutes of all regular and special
meetings of the board shall be filed with the city council within
ten (10) working days after each meeting.
6. Quorum. Three (3) members of the board shall constitute a
quorum for the transaction of business. The affirmative vote of
at least three (3) members shall be necessary for the
adoption of any resolution.
109.10. Compensation. The members of the plumbing code board
created by this chapter shall serve without compensation, provided
that they may receive reimbursement for necessary travel and other
expenses while on official board business and such shall be within
the limits established in the city budget.
109.11. Removal. The city council may remove any member of any
board or commission which it has established.
109.12. Powers. The plumbing code board shall have the following
powers, duties, and responsibilities:
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1. To determine the suitability of alternate materials and
methods of installation.
2. To provide for reasonable interpretations of the plumbing
code.
3. To serve as an appeal body for the decisions of the
building official.
4. To advise the city council on all plumbing regulations and
procedures.
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109.13. Duties When Serving As An Appeals Board. Any person who
is aggrieved by a decision of the building official on any
requirements resulting from the enforcement of the plumbing code,
may appeal from such decision to the plumbing code board and said
board shall serve as an appeal board. In case the aggrieved party is
a member of said board, said member shall be disqualified as a
member of the board acting as an appeal board, until the person
aggrieved has been heard and a decision rendered.
The appeal shall be made by the person aggrieved, giving written
notice of such appeal to the building official at the building official's
office within seven (7) days of receipt of decision from which the
appeal is taken. The plumbing code board sitting as an appeal board
shall meet within seven (7) days after receiving such notice and
render a decision within five (5) days thereafter. Any interested
party, including the building official, shall have the right to present
their case to the appeal board, whose decision shall be final unless
appealed to the district court as provided by law.
The board of appeals may reverse or modify a decision of the build-
ing official only on finding that:
a. The building official incorrectly interpreted a provision of
this code;
b. The decision of the building official creates an unnecessary
hardship upon the appellant.
In so modifying or reversing such decision of the building official, the
board of appeals may authorize any alternate to the decision of the
building official and the provisions of the plumbing code, provided it
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, method, or work offered is, for the purpose
intended, at least equivalent to that prescribed by this code in
suitability, strength, effectiveness, durability, safety, and sanitation.
The board of appeals shall require that sufficient evidence or proof
be submitted to substantiate any claims made regarding the use of
alternates.
Sec. 202 General Definitions.
Accepted Engineering Practice. That which conforms to accepted
principles, tests or standards of nationally recognized technical or
scientific authorities.
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Access (To). That which enables a fixture, appliance or equipment to
be reached by ready access or by a means that first requires the
removal or movement of a panel, door or similar obstruction (see
"Ready Access").
Access Cover. A removable plate, usually secured by bolts or
screws, to permit access to a pipe or pipe fitting for the purposes of
inspection, repair or cleaning.
Adapter Fitting. An approved connecting device that suitably and
properly joins or adjusts pipes and fittings which do not otherwise fit
together.
Air Admittance Valve. One-way valve designed to allow air to enter
the plumbing drainage system when negative pressures develop in
the piping system. The device shall close by gravity and seal the
vent terminal at zero differential pressure (no flow conditions) and
under positive internal pressures. The purpose of an air admittance
valve is to provide a method of allowing air to enter the plumbing
drainage system without the use of a vent extended to open air and
to prevent sewer gases from escaping into a building.
Air Break (Drainage System). A piping arrangement in which a drain
from a fixture, appliance or device discharges indirectly into another
fixture, receptacle or interceptor at a point below the flood level rim
and above the trap seal.
Air Gap (Drainage System). The unobstructed vertical distance
through the free atmosphere between the outlet of the waste pipe
and the flood level rim of the receptacle into which the waste pipe is
discharging.
Air Gap (Water Distribution System). The unobstructed vertical
distance through the free atmosphere between the lowest opening
from any pipe or faucet supplying water to a tank, plumbing fixture or
other device and the flood level rim of the receptacle.
Alternative Engineered Design. A plumbing system that performs in
accordance with the intent of chapters 3 through 12 and provides an
equivalent level of performance for the protection of public health,
safety and welfare. The system design is not specifically regulated
by chapters 3 through 12.
Anchors. See "Supports."
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Antisiphon. A term applied to valves or mechanical devices that
eliminate siphonage.
Approved. Acceptable to the code official or other authority having
jurisdiction.
Approved Agency. An established and recognized agency approved
by the code official and that is regularly engaged in conducting tests
or furnishing inspection services.
Approved Qualified Welder. A person who specializes in welding of
pipes and holds a valid certificate of competency from a recognized
testing laboratory, based on the requirements of the A.S.M.E. boiler
and pressure vessels code, section IX or as approved by the
administrative authority's testing procedures.
Area Drain. A receptacle designed to collect surface or storm water
from an open area.
Aspirator. A fitting or device supplied with water or other fluid under
positive pressure that passes through an integral orifice or
constriction, causing a vacuum. Aspirators are also referred to as
suction apparatus, and are similar in operation to an ejector.
Backflow. Pressure created by any means in the water distribution
system, which by being in excess of the pressure in the water supply
mains causes a potential backflow condition.
Backpressure, Low Head. A pressure less than or equal to
4.33 psi (29.88 kPa) or the pressure exerted by a 10 -foot
(3048 mm) column of water.
Backsiphonage. The backflow of potentially contaminated
water into the potable water system as a result of the
pressure in the potable water system falling below
atmospheric pressure of the plumbing fixtures, pools, tanks or
vats connected to the potable water distribution piping.
Backwater Valve. A device or valve installed in the building
drain or sewer pipe where a sewer is subject to backflow, and
which prevents drainage or waste from backing up into a low
level or fixtures and causing a flooding condition.
Drainage. A reversal of flow in the drainage system.
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Water Supply System. The flow of water or other liquids,
mixtures or substances into the distribution pipes of a potable
water supply from any source except the intended source.
Backflow Connection. Any arrangement whereby backflow is
possible.
Backflow Preventer. A device or means to prevent backflow.
Ball Cock. See "Fill Valve."
Base Flood Elevation. A reference point, determined in accordance
with the building code, based on the depth or peak elevation of
flooding, including wave height, which has a 1 percent (100 -year
flood) or greater chance of occurring in any given year.
Bathroom Group. A group of fixtures consisting of a water closet,
lavatory, bathtub or shower, including or excluding a bidet, an
emergency floor drain or both. Such fixtures are located together on
the same floor level.
Bedpan Steamer Or Boiler. A fixture utilized for scalding bedpans or
urinals by direct application of steam or boiling water.
Bedpan Washer And Sterilizer. A fixture designed to wash bedpans
and to flush the contents into the sanitary drainage system. Included
are fixtures of this type that provide for disinfecting utensils by
scalding with steam or hot water.
Bedpan Washer Hose. A device supplied with hot and cold water and
located adjacent to a water closet or clinical sink to be utilized for
cleansing bedpans.
Branch. Any part of the piping system except a riser, main or stack.
Branch Interval. A vertical measurement of distance, 8 feet (2438
mm) or more in developed length, between the connections of
horizontal branches to a drainage stack. Measurements are taken
down the stack from the highest horizontal branch connection.
Branch Vent. A vent connecting one or more individual vents with a
vent stack or stack vent.
Building. Any structure occupied or intended for supporting or
sheltering any occupancy.
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Building Drain. That part of the lowest piping of a drainage system
that receives the discharge from soil, waste and other drainage pipes
inside and that extends 30 inches (762 mm) in developed length of
pipe beyond the exterior walls of the building and conveys the
drainage to the building sewer.
Combined. A building drain that conveys both sewage and
storm water or other drainage.
Sanitary. A building drain that conveys sewage only.
Storm. A building drain that conveys storm water or other
drainage, but not sewage.
Building Sewer. That part of the drainage system that extends from
the end of the building drain and conveys the discharge to a public
sewer, private sewer, individual sewage disposal system or other
point of disposal.
Combined. A building sewer that conveys both sewage and
storm water or other drainage.
Sanitary. A building sewer that conveys sewage only.
Storm. A building sewer that conveys storm water or other
drainage, but not sewage.
Building Subdrain. That portion of a drainage system that does not
drain by gravity into the building sewer.
Building Trap. A device, fitting or assembly of fittings installed in the
building drain to prevent circulation of air between the drainage
system of the building and the building sewer.
Circuit Vent. A vent that connects to a horizontal drainage branch
and vents two traps to a maximum of eight traps or trapped fixtures
connected into a battery.
Cistern. A small covered tank for storing water for a home or farm.
Generally, this tank stores rainwater to be utilized for purposes other
than in the potable water supply, and such tank is placed
underground in most cases.
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Cleanout. An access opening in the drainage system utilized for the
removal of obstructions. Types of cleanouts include a removable
plug or cap, and a removable fixture or fixture trap.
Code. These regulations, subsequent amendments thereto, or any
emergency rule or regulation that the administrative authority having
jurisdiction has lawfully adopted.
Code Official. The officer or other designated authority charged with
the administration and enforcement of this code, or a duly authorized
representative.
Combination Fixture. A fixture combining one sink and laundry tray
or a two- or three -compartment sink or laundry tray in one unit.
Combination Waste And Vent System. A specially designed system
of waste piping embodying the horizontal wet venting of one or more
sinks or floor drains by means of a common waste and vent pipe
adequately sized to provide free movement of air above the flow line
of the drain.
Combined Building Drain. See "Building Drain, Combined."
Combined Building Sewer. See "Building Sewer, Combined."
Common Vent. A vent connecting at the junction of two fixture drains
or to a fixture branch and serving as a vent for both fixtures.
Concealed Fouling Surface. Any surface of a plumbing fixture which
is not readily visible and is not scoured or cleansed with each fixture
operation.
Conductor. A pipe inside the building that conveys storm water from
the roof to a storm or combined building drain.
Construction Documents. All of the written, graphic and pictorial
documents prepared or assembled for describing the design, location
and physical characteristics of the elements of the project necessary
for obtaining a building permit. The construction drawings shall be
drawn to an appropriate scale.
Contamination. An impairment of the quality of the potable water that
creates an actual hazard to the public health through poisoning or
through the spread of disease by sewage, industrial fluids or waste.
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Critical Level (C -L). An elevation (height) reference point that
determines the minimum height at which a backflow preventer or
vacuum breaker is installed above the flood level rim of the fixture or
receptor served by the device. The critical level is the elevation level
below which there is a potential for backflow to occur. If the critical
level marking is not indicated on the device, the bottom of the device
shall constitute the critical level.
Cross Connection. Any physical connection or arrangement between
two otherwise separate piping systems, one of which contains
potable water and the other either water of unknown or questionable
safety or steam, gas or chemical, whereby there exists the possibility
for flow from one system to the other, with the direction of flow
depending on the pressure differential between the two systems (see
"Backflow").
Dead End. A branch leading from a soil, waste or vent pipe; a
building drain; or a building sewer, and terminating at a developed
length of 2 feet (610 mm) or more by means of a plug, cap or other
closed fitting.
Depth Of Water Seal. The depth of water that would have to be
removed from a full trap before air could pass through the trap.
Design Flood Elevation. The elevation of the "design flood," including
wave height, relative to the datum specified on the community's
legally designated flood hazard map.
Developed Length. The length of a pipeline measured along the
centerline of the pipe and fittings.
Discharge Pipe. A pipe that conveys the discharges from plumbing
fixtures or appliances.
Drain. Any pipe that carries wastewater or water -borne wastes in a
building drainage system.
Drainage Fittings. Type of fitting or fittings utilized in the drainage
system. Drainage fittings are similar to cast-iron fittings, except that
instead of having a bell and spigot, drainage fittings are recessed
and tapped to eliminate ridges on the inside of the installed pipe.
Drainage Fixture Unit.
Drainage (dfu). A measure of the probable discharge into the
drainage system by various types of plumbing fixtures. The
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drainage fixture -unit value for a particular fixture depends on
its volume rate of drainage discharge, on the time duration of
a single drainage operation and on the average time between
successive operations.
Drainage System. Piping within a public or private premises that
conveys sewage, rainwater or other liquid wastes to a point of
disposal. A drainage system does not include the mains of a public
sewer system or a private or public sewage treatment or disposal
plant.
Building Gravity. A drainage system that drains by gravity into
the building sewer.
Sanitary. A drainage system that carries sewage and
excludes storm, surface and ground water.
Storm. A drainage system that carries rainwater, surface
water, subsurface water and similar liquid wastes.
Effective Opening. The minimum cross-sectional area at the point of
water supply discharge, measured or expressed in terms of the
diameter of a circle or, if the opening is not circular, the diameter of
a circle of equivalent cross-sectional area. For faucets and similar
fittings, the effective opening shall be measured at the smallest
orifice in the fitting body or in the supply piping to the fitting.
Emergency Floor Drain. A floor drain that does not receive the
discharge of any drain or indirect waste pipe, and that protects
against damage from accidental spills, fixture overflows and leakage.
Essentially Nontoxic Transfer Fluids. Fluids having a Gosselin rating
of 1, including propylene glycol; mineral oil; polydimethylsiloxane;
hydrochlorofluoro-carbon, chlorofluorocarbon and carbon refriger-
ants; and FDA -approved boiler water additives for steam boilers.
Essentially Toxic Transfer Fluids. Soil, waste or gray water and fluids
having a Gosselin rating of 2 or more including ethylene glycol,
hydrocarbon oils, ammonia refrigerants and hydrazine.
Existing Installations. Any plumbing system regulated by this code
that was legally installed prior to the effective date of this code, or
for which a permit to install has been issued.
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Faucet. A valve end of a water pipe through which water is drawn
from or held within the pipe.
Fill Valve. A water supply valve, opened or closed by means of a
float or similar device, utilized to supply water to a tank. An
antisiphon fill valve contains an antisiphon device in the form of an
approved air gap or vacuum breaker that is an integral part of the fill
valve unit and that is positioned on the discharge side of the water
supply control valve.
Fixture. See "Plumbing Fixture."
Fixture Branch. A drain serving two or more fixtures that discharges
to another drain or to a stack.
Fixture Drain. The drain from the trap of a fixture to a junction with
any other drain pipe.
Fixture Fitting.
Supply Fitting. A fitting that controls the volume and/or direc-
tional flow of water and is either attached to or accessible
from a fixture, or is used with an open or atmospheric dis-
charge.
Waste Fitting. A combination of components that conveys the
sanitary waste from the outlet of a fixture to the connection to
the sanitary drainage system.
Fixture Supply. The water supply pipe connecting a fixture to a
branch water supply pipe or directly to a main water supply pipe.
Flood Hazard Area. The greater of the following two areas:
1. The area within a flood plain subject to a 1 -percent or
greater chance of flooding in any given year.
2. The area designated as a flood hazard area on a commu-
nity's flood hazard map or as otherwise legally designated.
Flood Level Rim. The edge of the receptacle from which water
overflows.
Flow Control (Vented). A device installed upstream from the
interceptor having an orifice that controls the rate of flow through the
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interceptor and an air intake (vent) downstream from the orifice that
allows air to be drawn into the flow stream.
Flow Pressure. The pressure in the water supply pipe near the
faucet or water outlet while the faucet or water outlet is wide open
and flowing.
Flush Tank. A tank designed with a fill valve and flush valve to flush
the contents of the bowl or usable portion of the fixture.
Flushometer Tank. A device integrated within an air accumulator
vessel that is designed to discharge a predetermined quantity of
water to fixtures for flushing purposes.
Flushometer Valve. A valve attached to a pressurized water supply
pipe and so designed that when activated it opens the line for direct
flow into the fixture at a rate and quantity to operate the fixture
properly, and then gradually closes to reseal fixture traps and avoid
water hammer.
Grease Interceptor. A plumbing appurtenance that is installed in a
sanitary drainage system to intercept oily and greasy wastes from a
wastewater discharge. Such device has the ability to intercept free-
floating fats and oils.
Grease Laden Waste. Effluent discharge that is produced from food
processing, food preparation or other sources where grease, fats
and oils enter automatic dishwater prerinse stations, sinks or other
appurtenances.
Grease Removal Device, Automatic (GRD). A plumbing appurte-
nance that is installed in the sanitary drainage system to intercept
free-floating fats, oils and grease from wastewater discharge. Such a
device operates on a time- or event -controlled basis and has the
ability to remove free-floating fats, oils and grease automatically
without intervention from the user except for maintenance.
Gridded Water Distribution System. A water distribution system
where every water distribution pipe is interconnected so as to
provide two or more paths to each fixture supply pipe.
Hangers. See "Supports."
Horizontal Branch Drain. A drainage branch pipe extending laterally
from a soil or waste stack or building drain, with or without vertical
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sections or branches, that receives the discharge from two or more
fixture drains or branches and conducts the discharge to the soil or
waste stack or to the building drain.
Horizontal Pipe. Any pipe or fitting that makes an angle of less than
45 degrees (0.79 rad) with the horizontal.
Hot Water. Water at a temperature greater than or equal to 110°F
(43°C).
House Trap. See "Building Trap."
Indirect Waste Pipe. A waste pipe that does not connect directly with
the drainage system, but that discharges into the drainage system
through an air break or air gap into a trap, fixture, receptor or
interceptor.
Individual Sewage Disposal System. A system for disposal of
domestic sewage by means of a septic tank, cesspool or mechanical
treatment, designed for utilization apart from a public sewer to serve
a single establishment or building.
Individual Vent. A pipe installed to vent a fixture trap and connects
with the vent system above the fixture served or terminates in the
open air.
Individual Water Supply. A water supply that serves one or more
families, and that is not an approved public water supply.
Interceptor. A device designed and installed to separate and retain
for removal, by automatic or manual means, deleterious, hazardous
or undesirable matter from normal wastes, while permitting normal
sewage or wastes to discharge into the drainage system by gravity.
Joint.
Expansion. A loop, return bend or return offset that provides
for the expansion and contraction in a piping system and is
utilized in tall buildings or where there is a rapid change of
temperature, as in power plants, steam rooms and similar
occupancies.
Flexible. Any joint between two pipes that permits one pipe to
be deflected or moved without movement or deflection of the
other pipe.
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Mechanical. See "Mechanical Joint."
Slip. A type of joint made by means of a washer or a special
type of packing compound in which one pipe is slipped into
the end of an adjacent pipe.
Lead -Free Pipe And Fittings. Containing not more than 8.0 -percent
lead.
Lead -Free Solder And Flux. Containing not more than 0.2 -percent
lead.
Leader. An exterior drainage pipe for conveying storm water from
roof or gutter drains to an approved means of disposal.
Local Vent Stack. A vertical pipe to which connections are made
from the fixture side of traps and through which vapor or foul air is
removed from the fixture or device utilized on bedpan washers.
Macerating Toilet Systems. An assembly consisting of a water closet
and sump with a macerating pump that is designed to collect, grind
and pump wastes from the water closet and up to two other fixtures
connected to the sump.
Main. The principal pipe artery to which branches are connected.
Manifold. See "Plumbing Appurtenance."
Mechanical Joint. A connection between pipes, fittings, or pipes and
fittings that is not screwed, caulked, threaded, soldered, solvent
cemented, brazed or welded. A joint in which compression is applied
along the centerline of the pieces being joined. In some applications,
the joint is part of a coupling, fitting or adapter.
Medical Gas System. The complete system to convey medical gases
for direct patient application from central supply systems (bulk tanks,
manifolds and medical air compressors), with pressure and operating
controls, alarm warning systems, related components and piping
networks extending to station outlet valves at patient use points.
Medical Vacuum Systems. A system consisting of central -vacuum -
producing equipment with pressure and operating controls, shutoff
valves, alarm -warning systems, gauges and a network of piping
extending to and terminating with suitable station inlets at locations
where patient suction may be required.
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Nonpotable Water. Water not safe for drinking, personal or culinary
utilization.
Nuisance. Public nuisance as known in common law or in equity
jurisprudence; whatever is dangerous to human life or detrimental to
health; whatever structure or premises is not sufficiently ventilated,
sewered, drained, cleaned or lighted, with respect to its intended
occupancy; and whatever renders the air, or human food, drink or
water supply unwholesome.
Occupancy. The purpose for which a building or portion thereof is
utilized or occupied.
Offset. A combination of approved bends that makes two changes in
direction bringing one section of the pipe out of line but into a line
parallel with the other section.
Open Air. Outside the structure.
Pipe Welder. A person who specializes in welding of pipes and holds
a valid certificate of competency from a recognized testing
laboratory, based on the requirements of the A.S.M.E. boiler and
pressure vessels code, section IX or as approved by the
administrative authority's testing procedures.
Plumbing. The practice, materials and fixtures utilized in the
installation, maintenance, extension and alteration of all piping,
fixtures, plumbing appliances and plumbing appurtenances, within or
adjacent to any structure, in connection with sanitary drainage or
storm drainage facilities; venting systems; and public or private
water supply systems.
Plumbing Appliance. Anyone of a special class of plumbing fixtures
intended to perform a special function. Included are fixtures having
the operation or control dependent on one or more energized compo-
nents, such as motors, controls, heating elements, or pressure- or
temperature -sensing elements. Such fixtures are manually adjusted
or controlled by the owner or operator, or are operated automatically
through one or more of the following actions: a time cycle, a
temperature range, a pressure range, a measured volume or weight.
Plumbing Appurtenance. A manufactured device, prefabricated
assembly or an on-the-job assembly of component parts that is an
adjunct to the basic piping system and plumbing fixtures. An
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appurtenance demands no additional water supply and does not add
any discharge load to a fixture or to the drainage system.
Plumbing Fixture. A receptacle or device that is either permanently
or temporarily connected to the water distribution system of the
premises and demands a supply of water therefrom; discharges
wastewater, liquid -borne waste materials or sewage either directly or
indirectly to the drainage system of the premises; or requires both a
water supply connection and a discharge to the drainage system of
the premises.
Plumbing System. Includes the water supply and distribution pipes;
plumbing fixtures and traps; water -treating or water -using equipment;
soil, waste and vent pipes; and sanitary and storm sewers and
building drains; in addition to their respective connections, devices
and appurtenances within a structure or premises.
Pollution. An impairment of the quality of the potable water to a
degree that does not create a hazard to the public health but that
does adversely and unreasonably affect the aesthetic qualities of
such potable water for domestic use.
Potable Water. Water free from impurities present in amounts
sufficient to cause disease or harmful physiological effects and
conforming to the bacteriological and chemical quality requirements
of the public health service drinking water standards or the
regulations of the public health authority having jurisdiction.
Private. In the classification of plumbing fixtures, "private" applies to
fixtures in residences and apartments, and to fixtures in nonpublic
toilet rooms of hotels and motels and similar installations in buildings
where the plumbing fixtures are intended for utilization by a family or
an individual.
Public Or Public Utilization. In the classification of plumbing fixtures,
"public" applies to fixtures in general toilet rooms of schools,
gymnasiums, hotels, airports, bus and railroad stations, public
buildings, bars, public comfort stations, office buildings, stadiums,
stores, restaurants and other installations where a number of fixtures
are installed so that their utilization is similarly unrestricted.
Public Water Main. A water supply pipe for public utilization
controlled by public authority.
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Quick -Closing Valve. A valve or faucet that closes automatically
when released manually or that is controlled by a mechanical means
for fast -action closing.
Ready Access. That which enables a fixture, appliance or equipment
to be directly reached without requiring the removal or movement of
any panel, door or similar obstruction and without the use of a
portable ladder, step stool or similar device.
Reduced Pressure Principle Backflow Preventer. A backflow
prevention device consisting of two independently acting check
valves, internally force -loaded to a normally closed position and
separated by an intermediate chamber (or zone) in which there is an
automatic relief means of venting to the atmosphere, internally
loaded to a normally open position between two tightly closing
shutoff valves and with a means for testing for tightness of the
checks and opening of the relief means.
Registered Design Professional. An individual who is registered or
licensed to practice professional architecture or engineering as
defined by the statutory requirements of the professional registration
laws of the state or jurisdiction in which the project is to be
constructed.
Relief Valve.
Pressure Relief Valve. A pressure -actuated valve held closed
by a spring or other means and designed to relieve pressure
automatically at the pressure at which such valve is set.
Temperature And Pressure Relief (T&P) Valve. A combination
relief valve designed to function as both a temperature relief
and a pressure relief valve.
Temperature Relief Valve. A temperature -actuated valve
designed to discharge automatically at the temperature at
which such valve is set.
Relief Vent. A vent whose primary function is to provide circulation of
air between drainage and vent systems.
Rim. An unobstructed open edge of a fixture.
Riser. See "Water Pipe, Riser."
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Roof Drain. A drain installed to receive water collecting on the
surface of a roof and to discharge such water into a leader or a
conductor.
Rough -In. Parts of the plumbing system that are installed prior to the
installation of fixtures. This includes drainage, water supply, vent
piping and the necessary fixture supports and any fixtures that are
built into the structure.
Self -Closing Faucet. A faucet containing a valve that automatically
closes upon deactivation of the opening means.
Separator. See "Interceptor."
Sewage. Any liquid waste containing animal or vegetable matter in
suspension or solution, including liquids containing chemicals in
solution.
Sewage Ejectors. A device for lifting sewage by entraining the
sewage in a high -velocity jet of steam, air or water.
Sewer.
Building Sewer. See "Building Sewer."
Public Sewer. A common sewer directly controlled by public
authority.
Sanitary Sewer. A sewer that carries sewage and excludes
storm, surface and ground water.
Storm Sewer. A sewer that conveys rainwater, surface water,
subsurface water and similar liquid wastes.
Slope. The fall (pitch) of a line of pipe in reference to a horizontal
plane. In drainage, the slope is expressed as the fall in units vertical
per units horizontal (percent) for a length of pipe.
Soil Pipe. A pipe that conveys sewage containing fecal matter to the
building drain or building sewer.
Spillproof Vacuum Breaker. An assembly consisting of one check
valve force -loaded closed and an air -inlet vent valve force -loaded
open to atmosphere, positioned downstream of the check valve, and
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located between and including two tightly closing shutoff valves and
a test cock.
Stack. A general term for any vertical line of soil, waste, vent or
inside conductor piping that extends through at least one story with
or without offsets.
Stack Vent. The extension of a soil or waste stack above the highest
horizontal drain connected to the stack.
Stack Venting. A method of venting a fixture or fixtures through the
soil or waste stack.
Sterilizer.
Boiling Type. A boiling -type sterilizer is a fixture of a
nonpressure type utilized for boiling instruments, utensils or
other equipment for disinfection. These devices are portable
or are connected to the plumbing system.
Instrument. A device for the sterilization of various
instruments.
Pressure (Autoclave). A pressure vessel fixture designed to
utilize steam under pressure for sterilizing.
Pressure Instrument Washer Sterilizer. A pressure instrument
washer sterilizer is a pressure vessel fixture designed to both
wash and sterilize instruments during the operating cycle of
the fixture.
Utensil. A device for the sterilization of utensils as utilized in
health care services.
Water. A water sterilizer is a device for sterilizing water and
storing sterile water.
Sterilizer Vent. A separate pipe or stack, indirectly connected to the
building drainage system at the lower terminal, that receives the
vapors from nonpressure sterilizers, or the exhaust vapors from
pressure sterilizers, and conducts the vapors directly to the open air.
Also called vapor, steam, atmospheric or exhaust vent.
Storm Drain. See "Drainage System, Storm."
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Structure. That which is built or constructed or a portion thereof.
Subsoil Drain. A drain that collects subsurface water or seepage
water and conveys such water to a place of disposal.
Sump. A tank or pit that receives sewage or liquid waste, located
below the normal grade of the gravity system and that must be
emptied by mechanical means.
Sump Pump. An automatic water pump powered by an electric motor
for the removal of drainage, except raw sewage, from a sump, pit or
low point.
Sump Vent. A vent from pneumatic sewage ejectors, or similar
equipment, that terminates separately to the open air.
Supports. Devices for supporting and securing pipe, fixtures and
equipment.
Swimming Pool. Any structure, basin, chamber or tank containing an
artificial body of water for swimming, diving or recreational bathing
having a depth of 2 feet (610 mm) or more at any point.
Tempered Water. Water having a temperature range between 85°F
(29°C) and 110°F (43°C).
Third -Party Certification Agency. An approved agency operating a
product or material certification system that incorporates initial
product testing, assessment and surveillance of a manufacturer's
quality control system.
Third -Party Certified. Certification obtained by the manufacturer
indicating that the function and performance characteristics of a
product or material have been determined by testing and ongoing
surveillance by an approved third -party certification agency.
Assertion of certification is in the form of identification in accordance
with the requirements of the third -party certification agency.
Third -Party Tested. Procedure by which an approved testing
laboratory provides documentation that a product, material or system
conforms to specified requirements.
Trap. A fitting or device that provides a liquid seal to prevent the
emission of sewer gases without materially affecting the flow of
sewage or wastewater through the trap.
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Trap Seal. The vertical distance between the weir and the top of the
dip of the trap.
Unstable Ground. Earth that does not provide a uniform bearing for
the barrel of the sewer pipe between the joints at the bottom of the
pipe trench.
Vacuum. Any pressure Tess than that exerted by the atmosphere.
Vacuum Breaker. A type of backflow preventer installed on openings
subject to normal atmospheric pressure that prevents backflow by
admitting atmospheric pressure through ports to the discharge side
of the device.
Vent Pipe. See "Vent System."
Vent Stack. A vertical vent pipe installed primarily for the purpose of
providing circulation of air to and from any part of the drainage
system.
Vent System. A pipe or pipes installed to provide a flow of air to or
from a drainage system, or to provide a circulation of air within such
system to protect trap seals from siphonage and backpressure.
Vertical Pipe. Any pipe or fitting that makes an angle of 45 degrees
(0.79 rad) or more with the horizontal.
Wall -Hung Water Closet. A wall -mounted water closet installed in
such a way that the fixture does not touch the floor.
Waste. The discharge from any fixture, appliance, area or appurte-
nance that does not contain fecal matter.
Waste Pipe. A pipe that conveys only waste.
Water -Hammer Arrestor. A device utilized to absorb the pressure
surge (water hammer) that occurs when water flow is suddenly
stopped in a water supply system.
Water Heater. Any heating appliance or equipment that heats
potable water and supplies such water to the potable hot water
distribution system.
Water Main. A water supply pipe or system of pipes, installed and
maintained by a city, township, county, public utility company or
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other public entity, on public property, in the street or in an approved
dedicated easement of public or community use.
Water Outlet. A discharge opening through which water is supplied
to a fixture, into the atmosphere (except into an open tank that is
part of the water supply system), to a boiler or heating system, or to
any devices or equipment requiring water to operate but which are
not part of the plumbing system.
Water Pipe.
Riser. A water supply pipe that extends one full story or more
to convey water to branches or to a group of fixtures.
Water Distribution Pipe. A pipe within the structure or on the
premises that conveys water from the water service pipe, or
from the meter when the meter is at the structure, to the
points of utilization.
Water Service Pipe. The pipe from the water main or other
source of potable water supply, or from the meter when the
meter is at the public right of way, to the water distribution
system of the building served.
Water Supply System. The water service pipe, water distribution
pipes, and the necessary connecting pipes, fittings, control valves
and all appurtenances in or adjacent to the structure or premises.
Well.
Bored. A well constructed by boring a hole in the ground with
an auger and installing a casing.
Drilled. A well constructed by making a hole in the ground
with a drilling machine of any type and installing casing and
screen.
Driven. A well constructed by driving a pipe in the ground.
The drive pipe is usually fitted with a well point and screen.
Dug. A well constructed by excavating a large -diameter shaft
and installing a casing.
Whirlpool Bathtub. A plumbing appliance consisting of a bathtub
fixture that is equipped and fitted with a circulating piping system
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designed to accept, circulate and discharge bathtub water upon each
use.
Yoke Vent. A pipe connecting upward from a soil or waste stack to a
vent stack for the purpose of preventing pressure changes in the
stacks.
Sec. 605. Use Of Copper Tubing.
(a) Copper tube for underground drainage and vent piping shall be
tempered copper tube type L or type K.
(b) Copper tube for aboveground drainage and vent piping shall be
type L or type K.
(c) Copper tube shall not be used for chemical or industrial wastes
as defined in section 605 of this code.
(d) Copper tube for building supply piping shall be type K to the point
of entrance to a building or structure. Water distribution pipe within a
building or structure shall be type L or type K.
Type M copper tube may be used in detached one- and two-family
dwellings within the structure only when piping is aboveground or
floor slab.
(e) In addition to the required incised marking, all hand drawn copper
tubing shall be marked by means of a continuous and indelibly
colored stripe at least one-quarter inch (6.4 mm) in width as follows:
type K, green; type L, blue; type M, red; type DVW, yellow.
(f) Listed flexible water connectors shall be installed in exposed
locations.
Sec. 605.3. Materials.
(a) Building supply water piping to the point of entrance to the
building shall be made of copper tube type K, or cast-iron water pipe.
(b) Water distributing piping shall be of brass pipe, copper tube type
L or type K, copper pipe, galvanized wrought iron pipe, galvanized
open-hearth pipe, galvanized steel pipe. Plastic piping for potable
water distribution is prohibited unless approval is given by the
plumbing board or the administrative authority.
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Type M copper tube may be used in one- and two-family dwellings
within the structure only when piping is aboveground or floor slab.
(c) All materials used in the water supply system, except valves and
similar devices shall be of a like material, except where otherwise
specifically approved by the building official.
(d) Cast-iron fittings up to and including two (2) inches (50.8 mm) in
size, when used in potable water piping, shall be galvanized.
(e) All malleable iron water fittings shall be galvanized.
(f) Solder shall conform to the requirements of sec. 802(d).
Sec. 609. Cooling Water.
The discharge of water used exclusively as a cooling medium in an
appliance, device, or apparatus to any sanitary sewer is specifically
prohibited.
Exception: Clean running water used exclusively as a cooling
medium in an appliance, device or apparatus may discharge into the
drainage system if the same comes from equipment so designed that
the total rate of discharge from the premises served on such sewer
cannot exceed five (5) gallons per minute.
Sec. 701.5. Damage To Drainage System Or Public Sewer.
Roofs, inner courts, vent shafts, Tight wells or similar areas having
rain water drain, shall discharge to the outside of the building, to the
gutter, or to a storm drainage system.
The installation of sump pumps, sump pump connections, or gravity
connections which discharge or cause to be discharged, any storm
water, surface water, groundwater, roof runoff, subsurface drainage,
interior and exterior foundation drains, or floor drains used for
collecting storm water to any sanitary sewer is specifically prohibited.
(a) It shall be unlawful for any person to deposit, by any means
whatsoever, into any plumbing fixture, floor drain, interceptor, sump,
receptacle, or device which is connected to any drainage system,
public sewer, or private sewer, any ashes, cinders, solids, rags,
flammable, poisonous, or explosive liquids or gases, oils, grease,
and any other thing whatsoever which would or could cause damage
to the public sewer or private sewer.
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(b) No storm water, surface water, ground water, roof runoff,
subsurface drainage, interior or exterior foundation drains or floor
drains used for collecting storm water shall be connected to or
discharged into any drainage system connected to a public or private
sanitary sewer.
(c) No septic tank, seepage pit, or drainfield shall be connected to
any public sewer or to any building sewer leading to such public
sewer.
(d) No commercial food waste grinder shall be connected to a private
sewage disposal system unless permission has first been obtained
from the administrative authority.
(e) An approved type watertight sewage or waste water holding tank,
the contents of which, due to their character, must be periodically
removed and disposed of at some approved offsite location, shall be
installed only when required by the administrative authority or the
health officer to prevent anticipated surface or subsurface
contamination or pollution, damage to the public sewer, or other
hazardous or nuisance condition.
Sec. 702. Building Sewer Materials.
(a) The building sewer, beginning 2' from any building or structure
shall be of such materials as approved by the administrative
authority.
(b) Joining methods and materials shall be as prescribed in chapter
7 of this code.
Sec. 702.1. Drainage piping aboveground within buildings shall be of brass
pipe, copper tube type L or type K, cast-iron soil pipe, galvanized steel
pipe, lead pipe, ABS or PVC-DVW schedule 40 plastic pipe, except that:
(1) No galvanized wrought iron or galvanized steel pipe shall be
used underground and shall be kept at least six (6) inches
(152.4 mm) above ground.
(2) No vitrified clay pipe or fittings shall be used above ground,
where pressurized by a pump or ejector, or on the interior of any
building or structure.
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Sec. 702.2. Underground Building Sanitary Drainage And Vent Pipe.
(a) Underground building drains shall be of cast-iron soil pipe,
tempered copper tube type L or type K, ABS or PVC-DVW schedule
40 plastic pipe.
(b) Drainage fittings shall be of cast-iron, malleable iron, lead, brass,
copper, ABS or PVC schedule 40, or other approved materials
having a smooth interior waterway of the same diameter as the
piping served and all such fittings shall conform to the type of pipe
used.
(1) Fittings on screwed pipe shall be of the recessed drainage type.
Burred ends shall be reamed to the full bore of the pipe.
(2) The threads of drainage fittings shall be tapped so as to allow
one-fourth inch per foot (20.9 mm/m) grade.
Sec. 703. Size Of Building Sewers.
The minimum size of any building sewer shall be determined on the
basis of the total number of fixture units drained by such sewers, in
accordance with table 11-2. No building sewer shall have a smaller
diameter than four (4) inches or the size of the building drain;
whichever is larger.
Sec. 708. Cleanouts.
(a) Every vent pipe that penetrates the lowest floor level shall be
provided with a cleanout located not Tess than six (6) nor more than
thirty (30) inches above the lowest floor level.
(b) Each cleanout in piping two (2) inches or less in size shall be so
installed that there is a clearance of not Tess than twelve (12) inches
in front of the cleanout. Cleanouts in piping larger than two (2)
inches shall have a clearance of not less than eighteen (18) inches
in front of the cleanout. Cleanouts in underfloor piping shall be
extended to or above the finished floor or shall be extended outside
the building when there is Tess than eighteen (18) inches vertical and
thirty (30) inches horizontal clearance from the means of access to
such cleanout. No underfloor cleanout in any residential occupancy
shall be located more than twenty (20) feet from an access door,
trap door, or crawl hole.
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(c) Cleanout fittings shall be not less in size than those established
by the building official.
(d) Each horizontal drainage pipe shall be provided with a cleanout
at its upper terminal and each run of piping, which is more than one
hundred (100) feet (30.4 m) in total developed length, shall be
provided with a cleanout for each one hundred (100) feet (30.4 m),
or fraction thereof, in length of such piping.
(1) Cleanouts may be omitted on a horizontal drain line less than five
(5) feet (1.5 m) in length unless such line is serving sinks or urinals.
(2) Cleanouts may be omitted on any horizontal drainage pipe
installed on a slope of seventy-two (72) degrees or less from the
vertical angle (angle of one-fifth (1/5) bend).
(3) Excepting the building drain and its horizontal branches, a
cleanout shall not be required on any pipe or piping which is above
the first floor of the building.
(4) An approved type of two-way cleanout fitting, installed inside the
building wall near the connection between the building drain and
building sewer or installed outside of a building at the lower end of a
building drain and extended to grade, may be substituted for an
upper terminal cleanout.
(e) Each vertical drainage pipe which has a double sanitary tee
installed shall be provided with a cleanout within a distance of thirty-
six (36) inches above or below the centerline of the sanitary tee.
(f) Each drainage pipe penetrating the lowest floor level of any
structure shall be provided with a cleanout located not less than six
(6) nor more than thirty (30) inches above the lowest floor level.
(g) An additional cleanout shall be provided in a horizontal line for
each aggregate change of direction exceeding one hundred and
thirty-five (135) degrees.
(h) Each cleanout shall be installed so that it opens in a direction
opposite to the flow of the soil or waste or at right angles thereto
and, except in the case of "wye" branch and end -of -line cleanouts,
shall be installed vertically above the flow line of the pipe.
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14-1H-2 14-1H-2
(i) Each cleanout extension shall be considered as drainage piping,
and each ninety (90) degree cleanout extension shall be extended
from a "Y" type fitting or other approved fitting of equivalent sweep.
(j) Each cleanout for an interceptor shall be outside of such
interceptor.
(k) Each cleanout, unless installed under an approved cover plate,
shall be above grade, readily accessible, and so located as to serve
the purpose for which it is intended. Cleanouts located under cover
plates shall be so installed as to provide the clearances and
accessibility required by this section.
(I) Each cleanout in piping two (2) inches or less in size shall be so
installed that there is a clearance of not less than twelve (12) inches
in front of the cleanout. Cleanouts in piping larger than two (2)
inches shall have a clearance of not Tess than eighteen (18) inches
in front of the cleanout. Cleanouts in underfloor piping shall be
extended to or above the finished floor or shall be extended outside
the building when there is less than eighteen (18) inches vertical and
thirty (30) inches horizontal clearance from the means of access to
such cleanout. No underfloor cleanout in any residential occupancy
shall be located more than twenty (20) feet from an access door,
trap door, or crawl hole.
(m) Cleanout fittings shall be not Tess in size than those established
by the building official.
(n) Cleanouts shall be provided for pressure drainage systems as
classified under section 708.
(o) Countersunk cleanout plugs shall be installed where raised heads
may cause a hazard.
(p) When a hubless blind plug is used for a required cleanout, the
complete coupling and plug shall be accessible for removal or
replacement.
Sec. 712. Drainage Of Fixtures Located Below The Next Upstream Manhole
Or Below The Main Sewer Level.
When subsoil drainage systems are installed, they shall be
discharged into an approved sump or receiving tank and shall be
discharged in a manner satisfactory to the administrative authority.
The installation of sump pumps or sump pump connections, which
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City of Dubuque
14-1H-2 14-1H-2
discharge or cause to be discharged, any storm water, surface
water, groundwater, roof runoff, subsurface drainage, including
interior and exterior foundation drains, floor drains used for collecting
storm water, uncontaminated cooling water, or unpolluted industrial
process waters, to any sanitary sewer, is specifically prohibited.
Air conditioning water, drip pans, refrigeration water or cooling tower
water may be discharged into a sanitary sewer if the same comes
from equipment so designed that the total rate of discharge from the
premises served on such sewer cannot exceed five (5) gallons per
minute.
Sec. 715.2. Backwater Valves.
Backwater valves shall have bodies of cast iron, brass, or other
approved materials, noncorrosive bearings, seats and self -aligning
discs, and shall be so constructed as to insure a positive mechanical
seal and to remain closed, except when discharging wastes. Such
valves shall remain sufficiently open during periods of low flows to
avoid screening of solids and shall not restrict capacities or cause
excessive turbulence during peak loads. Unless otherwise listed,
valve access covers shall be bolted type with gasket and each valve
shall bear the manufacturer's name cast into body and cover.
Backwater valves shall be installed so that their working parts will be
accessible for service and repairs.
Sec. 902. Materials.
(a) Vent piping aboveground in buildings shall be of brass pipe,
copper pipe, copper tube, type L or type K, cast-iron soil pipe,
galvanized steel pipe, lead pipe, ABS or PVC-DWV schedule 40
plastic pipe.
(1) No galvanized steel pipe shall be used underground and shall be
kept at least six (6) inches aboveground.
(2) ABS and PVC DWV piping installations shall be limited to
structures not exceeding three (3) floors above grade. For the
purpose of this subsection, the first floor of a building shall be that
floor that has fifty percent (50%) or more of the exterior wall surface
area level with or above finished grade. One (1) additional level that
is the first level and not designed for human habitation and used
only for vehicle parking, storage, or similar use shall be permitted.
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14-1H-2 14-1H-2
(b) Vent piping underground shall be cast-iron soil pipe, copper tube
type L or type K, ABS or DWV schedule 40 plastic pipe.
(c) Vent fittings shall be cast-iron, galvanized malleable iron or
galvanized steel, lead, copper, brass, ABS or PVC schedule 40 or
other approved materials except that no galvanized malleable iron or
galvanized steel fittings shall be used underground and shall be kept
at least six (6) inches aboveground.
(d) Changes in direction of vent piping shall be made by the
appropriate use of approved fittings and, with the exception of
copper tube, no such pipe shall be strained or bent. Burred ends
shall be reamed to the full bore of the pipe.
Sec. 904. Vent Termination.
(a) Each vent pipe or stack shall extend through its flashing and
shall terminate vertically not less than six (6) inches above the roof
nor Tess than one (1) foot from any vertical surface.
(b) Each vent shall terminate not less than ten (10) feet from, or at
least three (3) feet above any openable window, door, opening, air
intake, or vent shaft, nor less than three (3) feet in every direction
from any lot line; alley and street excepted.
(c) Vent pipes shall be extended separately or combined, of full
required size, not less than six (6) inches above the roof or fire wall.
Flagpoling of vents is prohibited except where the roof is used for
purposes other than weather protection. All vents within ten (10) feet
of any part of the roof that is used for such other purposes shall
extend not less than seven (7) feet above such roof and shall be
securely stayed.
(d) Vent pipes for outdoor installations shall extend at least ten (10)
feet above ground and shall be securely supported.
(e) Joints at the roof around vent pipes shall be made watertight by
the use of approved flashings or flashing material.
(f) Frost Or Snow Closure. Where frost or snow closure is likely to
occur in locations having minimum design temperature below 0
degrees F, vent terminals shall be a minimum of three (3) inches in
diameter but in no event smaller than the required vent pipe. The
change in diameter shall be made inside the building at least one (1)
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14-1H-2 14-1H-6
foot below the roof and terminate not Tess than ten (10) inches above
the roof, or as required by the administrative authority.
(Ord. 43-10, 7-19-2010)
14-1H -3: LICENSURE AND CERTIFICATION:
A. Except as provided in Iowa Code section 105.11, a person shall not
operate as a contractor or install or repair plumbing, HVAC,
refrigeration, or hydronic systems without obtaining a license issued
by the state, or install or repair medical gas piping systems without
obtaining a valid certification approved by the state.
B. Except as provided in Iowa Code section 105.11, a person shall not
engage in the business of designing, installing, or repairing
plumbing, HVAC, refrigeration, or hydronic systems unless at all
times a licensed master, who shall be responsible for the proper
designing, installing, and repairing of the plumbing, HVAC,
refrigeration, or hydronic system, is employed by the person and is
actively in charge of the plumbing, HVAC, refrigeration, or hydropic
work of the person. An individual who performs such work pursuant
to a business operated as a sole proprietorship shall be a licensed
master in the applicable discipline. (Ord. 43-10, 7-19-2010)
14-1 H-4: BACKFLOW PREVENTION REQUIREMENTS FOR NEW
RESIDENTIAL CONSTRUCTION: There are hereby estab-
lished minimum backflow prevention standards for new residential construc-
tion. The city manager shall determine the type of backflow prevention
assembly required for containment based on the degree of hazard as out-
lined in title 13, chapter 1, article D of this code. (Ord. 43-10, 7-19-2010)
14-1 H-5: BACKFLOW PREVENTION REQUIREMENTS FOR EXIST-
ING WATER SERVICES: The requirements for backflow
prevention related to existing water services are outlined in title 13, chapter
1, article D of this code. (Ord. 43-10, 7-19-2010)
14-1H-6: INSPECTION FEES: A fee shall be paid for inspections made
outside of normal business hours and for inspections for
which no fees are specifically indicated. Inspection fees shall be as set forth
by the city manager. (Ord. 43-10, 7-19-2010)
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City of Dubuque
7
(
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, 2013, except where a vested right to
the issuance of such permit accrued prior to the effective date
hereof.
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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, 2013, except where a vested right to the
issuance of such permit accrued prior to the effective date hereof.
(Ord. 36-12, 6-18-2012)
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.
B. Moving Buildings:
1. A building being moved shall follow the route prescribed on the
permit by the city manager. The mover shall coordinate the route
with the utility companies.
2. A police escort shall be required for all buildings moved from one
location to another within the jurisdictional limits of the city, or moved
out of or into the jurisdictional limits of the city, utilizing public streets
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16-6-3-2 16-6-3-3
F. Area Y: All land west of Locust Street from Dodge Street north to 1st
Street and east of Locust Street from Dodge Street north to 3rd
Street extending west to Freeway 61/151; and
G. Area Z: All land east of Freeway 61/151 from the 3rd Street
overpass, including its extension east to the corporate limits, north to
Peosta Channel, and extending easterly and northerly to the city's
corporate limits, including all lands within the shoreline of the Dove
Harbor Peninsula, except for that land within six hundred sixty feet
(660') of the easterly edge of the Freeway 61/151 right of way from
the 3rd Street overpass north to the extension of 8th Street. (Ord.
52-09, 10-19-2009)
16-6-3-3: SOD SIGN REGULATIONS:
A. Signs Not Allowed: Within the SOD signage overlay district, no off
premises signs are allowed in the following areas:
1. Area A on the official zoning map generally described as all the
land in the SOD east of Locust Street from Grandview Avenue north
to Camp Street north of the U.S. Highway 61/151 right of way and
the extension of Railroad Avenue east of U.S. 61/151 right of way
east to the city's corporate limits;
2. Area B on the official zoning map generally described as all the
land in the SOD west of Locust Street from the intersection of Locust
Street and Southern Avenue north to Dodge Street and extending
west to the upper bluff line;
3. Area C is eliminated as it lies entirely within the port of Dubuque
PUD; and
4. Area D on the official zoning map generally described as all the
land in the SOD east of the shoreline of Peosta Channel, including
Schmitt Island.
B. Sign Standards: Within the SOD signage overlay district, off
premises signs in the following areas shall be subject to the
standards set forth in section 16-15-12 of this title:
1. Area X of the official zoning map generally described as all the
land in the SOD east of Locust Street from Camp Street north to
Dodge Street and the Julien Dubuque Bridge, and extending east to
the railroad right of way;
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City of Dubuque
16-6-3-3 16-6-4-1
2. Area Y on the official zoning map generally described as all the
land in the SOD west of Locust Street from Dodge Street north to 1st
Street and east of Locust Street from Dodge Street north to 3rd
Street extending west to Freeway 61/151; and
3. Area Z on the official zoning map generally described as all the
land in the SOD east of Freeway 61/151 from the 3rd Street
overpass, including its extension east to the corporate limits, north to
Peosta Channel, and extending easterly and northerly to the city's
corporate limits, including all lands within the shoreline of the Dove
Harbor Peninsula, except for that land within six hundred sixty feet
(660') of the easterly edge of the Freeway 61/151 right of way from
the 3rd Street overpass north to the extension of 8th Street (area G
on the official zoning map).
C. Other Areas: Off premises signs in all other areas on the official
zoning map (E, F, G) in the signage overlay district (SOD) shall meet
the standards as set forth in section 16-15-12 of this title or set forth
in this section, whichever are more restrictive.
1. Height: No portion of any sign or sign structure within six hundred
sixty feet (660') of the Freeway 61/151 right of way shall be visible to
a person of normal visual acuity traveling on Freeway 61/151, but in
no event higher than twenty five feet (25').
2. Size: Three hundred (300) square feet.
3. Spacing: Five hundred feet (500') (linear measurement for signs
visible to oncoming traffic).
D. Variance: The zoning board of adjustment may grant a variance to
increase the standards pertaining to height and size or reduce
spacing requirements for any lawful sign. (Ord. 52-09, 10-19-2009)
16-6-4: FLOOD HAZARD OVERLAY DISTRICT:
16-6-4-1: PURPOSE: The provisions of the flood hazard overlay district
are intended to promote the public health, safety, and general
welfare and to minimize the extent of floods and the losses incurred in flood
hazard areas. The regulations of this section 16-6-4 are designed to:
November 2011
City of Dubuque
16-6-4-1 16-6-4-4
A. Restrict or prohibit uses which are dangerous to health, safety, or
property in times of flooding or cause undue increases in flood
heights or velocities;
B. Require that uses vulnerable to floods, including public facilities
which serve such uses, be provided with flood protection at the time
of initial construction;
C. Protect individuals from buying lands which are unsuited for intended
purposes because of flood hazard; and
D. Assure that eligibility is maintained for property owners in the city to
purchase flood insurance in the national flood insurance program.
(Ord. 46-11, 9-19-2011)
16-6-4-2: LANDS TO WHICH REGULATIONS APPLY: This section
16-6-4 shall apply to all lands within the jurisdiction of the city
shown on the official zoning map as being within the boundaries of the
100 -year floodplain. (Ord. 46-11, 9-19-2011)
16-6-4-3: ESTABLISHMENT OF OFFICIAL FLOODPLAIN ZONING
MAP: The official floodplain zoning map, together with all
explanatory matter thereon is hereby adopted by reference and declared to
be a part of this title. The official zoning map bears the signature of the
mayor attested by the city clerk and shall be on file in the office of the
planning services department. The flood insurance rate map (FIRM) for
Dubuque County and incorporated areas, city of Dubuque, panels
19061CO215E, 0217D, 0220E, 0236E, 0237E, 0238E, 0239E, 0241E,
0242E, 0243E, 0244E, 0330E, 0332E, 0335E, 0351E, 0352E, 0354E,
0356E, 0358E, 00360E dated October 18, 2011, which were prepared as
part of the flood insurance study for Dubuque County, are hereby adopted
by reference and declared to be the official floodplain zoning map. The
flood profiles and all explanatory material contained with the flood
insurance study are also declared to be a part of this title. (Ord. 46-11,
9-19-2011)
16-6-4-4: RULES FOR INTERPRETATION OF DISTRICT BOUNDA-
RIES: The boundaries of the zoning district shall be deter-
mined by scaling distances on the official floodplain zoning map. Where
interpretation is needed as to the exact location of the boundaries of the
district as shown on the official zoning map, the city planner shall make the
November 2011
City of Dubuque
16-6-4-4 16-6-4-8
necessary interpretation. The person contesting the location of the district
boundary shall be given a reasonable opportunity to present their case and
submit technical evidence. (Ord. 46-11, 9-19-2011)
16-6-4-5: COMPLIANCE: No structure or land shall hereafter be used
and no structure shall be located, extended, converted or
structurally altered to cause a substantial improvement without full
compliance with the terms of this title and other applicable regulations
which apply to uses within the jurisdiction of this title. Existing structures
which suffer substantial damage shall also be required to meet full
compliance with the terms of this title should the damaged structure be
repaired or rebuilt. (Ord. 46-11, 9-19-2011)
16-6-4-6: ABROGATION AND GREATER RESTRICTIONS: It is not
intended by this title to repeal, abrogate or impair any existing
easements, covenants, or deed restrictions. However, where this title
imposes greater restrictions, the provisions of this title shall prevail. All
other ordinances inconsistent with this title are hereby repealed to the
extent of the inconsistency only. (Ord. 46-11, 9-19-2011)
16-6-4-7: INTERPRETATION: In their interpretation and application,
the provisions of this title shall be held to be minimum
requirements and shall be liberally construed in favor of the governing body
and shall not be deemed a limitation or repeal of any other powers granted
by state statutes. (Ord. 46-11, 9-19-2011)
16-6-4-8: WARNING AND LIABILITY DISCLAIMER: The degree of
flood protection required by this title is considered reasonable
for regulatory purposes and is based on engineering and scientific methods
of study. Larger floods may occur on rare occasions. Flood heights may be
increased by manmade or natural causes, such as ice jams and bridge
openings restricted by debris. This title does not imply that areas outside
the floodplain districts or land uses permitted within such districts will be
free from flooding or flood damages. This title shall not create liability on
the part of the city or any officer or employee thereof for any flood damages
that result from reliance on this title or any administrative decision lawfully
made thereunder. (Ord. 46-11, 9-19-2011)
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City of Dubuque
16-6-4-9 16-6-4-10
16-6-4-9: ESTABLISHMENT OF FLOODPLAIN OVERLAY DIS-
TRICTS: The floodplain areas within the jurisdiction of this
title are hereby divided into the following districts:
A. FW Floodway Overlay District, FF Floodway Fringe Overlay District
And FP General Floodplain Overlay District: The boundaries are
shown on the official floodplain zoning map. Within these districts all
uses not allowed as permitted uses are prohibited.
B. FW Floodway Overlay District: The floodway overlay district shall be
consistent with the boundaries of the floodway as shown on the
official floodplain zoning map overlay and indicated on the FIRM
maps as zone AE (hatched).
C. FF Floodway Fringe Overlay District: The floodway fringe overlay
district shall be those areas shown as floodway fringe on the official
floodplain zoning map and indicated on the FIRM maps as zone AE.
D. FP General Floodplain Overlay District: The general floodplain
overlay district shall be those areas shown as being within the
approximate 100 -year flood boundary on the official floodplain zoning
map and indicated on the FIRM maps as zone A. (Ord. 46-11,
9-19-2011)
16-6-4-10: FW FLOODWAY OVERLAY DISTRICT:
A. Permitted And Conditional Uses:
1. Permitted Uses: The following uses shall be permitted within the
FW district to the extent they are not prohibited by any other
ordinance (or underlying zoning district) and provided they do not
include placement of structures, factory built homes, fill or other
obstruction, the storage of materials or equipment, excavation, or
alteration of a watercourse:
Accessory uses of land for industrial/commercial uses such as
loading areas, parking areas, airport landing strips.
Agricultural uses such as general farming, pasture, grazing,
outdoor plant nurseries, horticulture, viticulture, truck farming,
forestry, sod farming, and wild crop harvesting.
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City of Dubuque
16-6-4-10 16-6-4-10
Private and public recreational uses such as golf courses,
tennis courts, ball fields, driving ranges, archery ranges,
picnic grounds, transient camping and recreational vehicle
facilities, boat launching ramps, swimming areas, parks,
wildlife and nature preserves, game farms, fish hatcheries,
shooting preserves, target ranges, trap and skeet ranges,
hunting and fishing areas, hiking and horseback riding trails.
Residential uses of land such as lawns, gardens, parking
areas and play areas.
Such other open space uses similar in nature to the above
uses.
2. Conditional Uses: The following uses which involve structures
(temporary or permanent), fill, and storage of materials or equipment
may be permitted only upon issuance of a conditional use permit by
the zoning board of adjustment as provided for in chapter 8 of this
title. Such uses must also meet the applicable provisions of the
floodway district performance standards.
Circuses, carnivals, and similar transient amusement enter-
prises.
Drive-in theaters, new and used car lots, roadside stands,
signs, and billboards.
Extraction of sands, gravel, and other materials.
Marinas, boat rentals, docks, piers, wharves.
Uses or structures accessory to open space uses.
Utility transmission lines, underground pipelines.
Other uses similar in nature to the above described uses and
which are consistent with the general spirit and purposes of
this title.
B. Performance Standards: All permitted or conditional uses must be
consistent with the need to minimize flood damage and shall meet
the following applicable performance standards:
1. No use shall be permitted in the floodway overlay district that
would result in any increase in the 100 -year flood level. Considera-
November 2011
City of Dubuque
16-6-4-10 16-6-4-10
tion of the effects of any development on flood levels shall be based
upon the assumption that an equal degree of development would be
allowed for similarly situated lands.
2. All uses within the floodway overlay district shall:
a. Be consistent with the need to minimize flood damage.
b. Use construction methods and practices that will minimize
flood damage.
c. Use construction materials and utility equipment that are
resistant to flood damage.
3. No use shall affect the capacity or conveyance of the channel or
floodway or any tributary to the main stream, drainage ditch, or any
other drainage facility or system.
4. Structures and sanitary and utility systems, if permitted, shall
meet the applicable performance standards of the floodway fringe
overlay district and shall be constructed or aligned to present the
minimum possible resistance to flood flows.
5. Structures, if permitted, shall have a low flood damage potential
and shall not be for human habitation.
6. Storage of materials or equipment that are buoyant, flammable,
explosive or injurious to human, animal or plant life is prohibited.
Storage of other material may be allowed if readily removable from
the floodway district within the time available after flood warning.
7. Watercourse alterations or relocations (channel changes and
modifications) must be designed to maintain the flood carrying
capacity within the altered or relocated portion. In addition, such
alterations or relocations must be approved by the IDNR.
8. Any fill allowed in the floodway must be shown to have some
beneficial purpose and shall be limited to the minimum amount
necessary.
9. Pipeline river or stream crossings shall be buried in the stream
bed and banks or otherwise sufficiently protected to prevent rupture
due to channel degradation and meandering or due to the action of
flood flows. (Ord. 46-11, 9-19-2011)
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16-6-4-11 16-6-4-11
16-6-4-11: FF FLOODWAY FRINGE OVERLAY DISTRICT:
A. Permitted Uses: All uses within the floodway fringe overlay district
shall be permitted to the extent that they are not prohibited by any
other ordinance (or underlying zoning district) and provided they
meet applicable performance standards of the floodway fringe
overlay district. However, on the Mississippi River or on islands
therein, no use will be allowed unless identified as not being a
floodway area by the IDNR. In which case, if a floodway area is
identified, the provisions of the FW floodway overlay district will
apply.
B. Performance Standards: All uses must be consistent with the need to
minimize flood damage and shall meet the following applicable
performance standards:
1. All Structures: All structures shall be:
a. Adequately anchored to prevent flotation, collapse or lateral
movement of the structure;
b. Constructed with materials and utility equipment resistant to
flood damage; and
c. Constructed by methods and practices that minimize flood
damage.
2. All New And Substantially Improved Structures:
a. Such areas shall be used solely for parking vehicles, building
access and low damage potential storage.
b. Fully enclosed areas below the "lowest floor" (not including
basements) that are subject to flooding shall be designed to
automatically equalize hydrostatic flood forces on exterior walls by
allowing for the entry and exit of floodwaters.
c. A minimum of two (2) openings having a total net area of not
less than one square inch for every square foot of enclosed area
subject to flooding shall be provided.
d. The bottom of all openings shall be no higher than one foot
(1') above grade.
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16-6-4-11 16-6-4-11
e. Openings may be equipped with screens, louvers, valves, or
other coverings or devices provided they permit the automatic entry
and exit of floodwaters.
f. New and substantially improved structures must be adequately
anchored to prevent flotation, collapse, or lateral movement of the
structure resulting from hydrodynamic and hydrostatic loads,
including the effects of buoyancy.
g. New and substantially improved structures must be
constructed with electrical, heating, ventilation, plumbing, and air
conditioning equipment and other service facilities that are designed
and located so as to prevent water from entering or accumulating
within the components during conditions of flooding.
h. Designs for meeting these requirements must be certified by a
professional engineer registered in the state of Iowa.
3. Residential Buildings: All new or substantially improved residential
structures shall have the lowest floor, including basements, elevated
a minimum of one foot (1') above the 100 -year flood level. Construc-
tion shall be upon compacted fill which shall, at all points, be no
lower than one foot (1') above the 100 -year flood level and extend at
such elevation at least eighteen feet (18') beyond the limits of any
structure erected thereon. Alternate methods of elevating (such as
piers) may be allowed, subject to favorable consideration by the
zoning board of adjustment and issuance of a variance, where
existing topography, street grades, or other factors preclude
elevating by fill. In such cases, the methods used must be adequate
to support the structure as well as withstanding the various forces
and hazards associated with flooding. All new residential buildings
shall be provided with a means of access which will be passable by
wheeled vehicles during the 100 -year flood.
4. Nonresidential Buildings: All new and substantially improved
nonresidential buildings shall have the lowest floor (including
basement) elevated a minimum of one foot (1') above the 100 -year
flood level, or together with attendant utility and sanitary systems, be
floodproofed to such a level. When floodproofing is utilized, a
professional engineer registered in the state of Iowa shall certify that
the floodproofing methods used are adequate to withstand the flood
depths, pressures, velocities, impact and uplift forces and other
factors associated with the 100 -year flood; and that the structures,
below the 100 -year flood level, are watertight with walls substantially
impermeable to the passage of water. A record of the certification
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16-6-4-11 16-6-4-11
indicating the specific elevation (in relation to North American
vertical datum, 1988) to which any structures are floodproofed shall
be maintained by the city planner.
5. Factory Built Homes:
a. Factory built homes including those placed in existing factory
built home parks or subdivisions shall be anchored to resist flotation,
collapse, or lateral movement.
b. Factory built homes including those placed in existing factory
built home parks or subdivisions shall be elevated on a permanent
foundation such that the lowest floor of the structure is a minimum of
one foot (1') above the 100 -year flood level.
6. Utility And Sanitary Systems:
a. All new and replacement sanitary sewage systems shall be
designed to minimize and eliminate infiltration of floodwaters into the
system as well as the discharge of effluent into floodwater.
Wastewater treatment facilities shall be provided with a level of flood
protection equal to or greater than one foot (1') above the 100 -year
flood elevation.
b. On site waste disposal systems shall be located or designed
to avoid impairment to the system or contamination from the system
during flooding.
c. New or replacement water supply systems shall be designed
to minimize or eliminate infiltration of floodwaters into the system.
Water supply treatment facilities shall be provided with a level of
protection equal to or greater than one foot (1') above the 100 -year
flood elevation.
d. Utilities such as gas or electrical systems shall be located and
constructed to minimize or eliminate flood damage to the system and
the risk associated with such flood damaged or impaired systems.
e. All such systems shall be certified as meeting these
requirements by a professional engineer registered in the state of
Iowa.
7. Storage: Storage of materials and equipment that are flammable,
explosive or injurious to human, animal or plant life is prohibited
unless elevated a minimum of one foot (1') above the 100 -year flood
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i
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level. Other material and equipment must either be similarly elevated
or: a) not be subject to major flood damage and be anchored to
prevent movement due to floodwaters, or b) be readily removable
from the area within the time available after flood warning.
8. Flood Control: Flood control structural works such as levees and
floodwalls shall provide, at a minimum, protection from a 100 -year
flood with a minimum of three feet (3') of design freeboard and shall
provide for adequate interior drainage. In addition, structural flood
control works shall be approved by the IDNR.
9. Capacity And Conveyance Of Channel: No use shall affect the
capacity or conveyance of the channel or floodway of any tributary to
the main stream, drainage ditch, or other drainage facility or system.
10. Subdivisions: Subdivisions (including factory built home parks
and subdivisions) shall be consistent with the need to minimize flood
damages and shall have adequate drainage provided to reduce
exposure to flood damage. Development associated with subdivision
proposals shall meet the applicable performance standards.
Subdivision proposals intended for residential development shall
provide all Tots with a means of vehicular access that will remain dry
during occurrence of the 100 -year flood. Proposals for subdivisions
greater than five (5) acres or fifty (50) lots (whichever is less) shall
include 100 -year flood elevation data for those areas located within
the floodplain (overlay) district.
11. Detached Garages, Sheds: The exemption of detached garages,
sheds, and similar structures less than three hundred (300) square
feet in area from the 100 -year flood elevation requirements may
result in increased premium rates for insurance coverage of the
structure and contents; however, said detached garages, sheds, and
similar accessory type structures are exempt from the 100 -year flood
elevation requirements, provided:
a. The structures shall not be used for human habitation.
b. The structure shall be designed to have low flood damage
potential.
c. The structure shall be constructed and placed on the building
site so as to offer minimum resistance to the flow of floodwaters.
d. Structures shall be firmly anchored to prevent flotation which
may result in damage to other structures.
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e. The structure's service facility such as electrical and heating
equipment shall be elevated or floodproofed to at least one foot (1')
above the 100 -year flood level.
f. All such structures shall be certified as meeting these require-
ments by a professional engineer registered in the state of Iowa.
12. Recreational Vehicles:
a. Recreational vehicles are exempt from the requirements of
subsection B5 of this section regarding anchoring and elevation of
factory built homes when the following criteria are satisfied:
(1) The recreational vehicle shall be located on the site for
Tess than one hundred eighty (180) consecutive days, and
(2) The recreational vehicle must be fully licensed and ready
for highway use. A recreational vehicle is ready for highway
use if it is on its wheels or jacking system and is attached to
the site only by quick disconnect type utilities and security
devices and has no permanently attached additions.
b. Recreational vehicles that are located on the site for more
than one hundred eighty (180) consecutive days or are not ready for
highway use must satisfy requirements of subsection B5 of this
section regarding anchoring and elevation of factory built homes.
13. Pipeline River And Stream Crossings: Pipeline river and stream
crossings shall be buried in the stream bed and banks, or otherwise
sufficiently protected to prevent rupture due to channel degradation
and meandering. (Ord. 46-11, 9-19-2011)
16-6-4-12: FP GENERAL FLOODPLAIN OVERLAY DISTRICT:
A. Permitted Uses: The following uses shall be permitted within the FP
general floodplain overlay district to the extent they are not
prohibited by any other ordinance (or underlying zoning district) and
provided they do not include placement of structures, factory built
homes, fill or other obstruction, the storage of materials or
equipment, excavation, or alteration of a watercourse:
Accessory uses of land for industrial/commercial uses such as
loading areas, parking areas, airport landing strips.
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16-6-4-12 16-6-4-13
Agricultural uses such as general farming, pasture, grazing, outdoor
plant nurseries, horticulture, viticulture, truck farming, forestry, sod
farming, and wild crop harvesting.
Private and public recreation uses such as golf courses, tennis
courts, ball fields, driving ranges, archery ranges, picnic grounds,
transient camping and recreational vehicle facilities, boat launching
ramps, swimming areas, parks, wildlife and nature preserves, game
farms, fish hatcheries, shooting preserves, target ranges, trap and
skeet ranges, hunting and fishing areas, hiking and horseback riding
trails.
Residential uses of land such as lawns, gardens, parking areas and
play areas.
Such other open space uses similar in nature to the above uses.
B. Conditional Uses: Any uses which involve placement of structures,
factory built homes, fill or other obstructions, the storage of materials
or equipment, excavation or alteration of a watercourse may be
allowed only upon issuance of a conditional use permit by the zoning
board of adjustment. All such uses shall be reviewed by the IDNR to
determine: 1) whether the land involved is either wholly or partly
within the floodway or floodway fringe, and 2) the 100 -year flood
level. The applicant shall be responsible for providing the IDNR with
sufficient technical information to make the determination.
C. Performance Standards:
1. All conditional uses, or portions thereof, to be located in the
floodway as determined by the IDNR shall meet the applicable
provisions and standards of the floodway overlay district.
2. All conditional uses, or portions thereof, to be located in the
floodway fringe as determined by the IDNR shall meet the applicable
standards of the floodway fringe overlay district. (Ord. 46-11,
9-19-2011)
16-6-4-13: FLOODPLAIN OVERLAY DISTRICT ADMINISTRATION:
A. Appointment, Duties And Responsibilities Of City Planner:
1. A city planner designated by the city manager shall administer
and enforce this title and will herein be referred to as the
administrator.
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2. Duties and responsibilities of the administrator shall include, but
not necessarily be limited to, the following:
a. Review all floodplain development permit applications to
ensure that the provisions of this title will be satisfied.
b. Review all floodplain development permit applications to
ensure that all necessary permits have been obtained from federal,
state or local governmental agencies.
c. Record and maintain a record of:
(1) The elevation (in relation to North American vertical
datum, 1988) of the lowest floor of all new or substantially
improved structures, or
(2) The elevation to which new or substantially improved
structures have been floodproofed.
d. Notify adjacent communities and/or counties and the IDNR
prior to any proposed alteration or relocation of a watercourse and
submit evidence of such notifications to the federal insurance
administrator.
e. Keep a record of all permits, conditional uses, appeals,
variances and such other transactions and correspondence pertain-
ing to the administration of this title.
f. Submit to the federal insurance administrator an annual report
concerning the city's participation in the national flood insurance
program, utilizing the annual report form supplied by the federal
insurance administrator.
g. Notify the federal insurance administration of any annexations
or modifications to the city's boundaries as part of the annual report.
h. Review subdivision proposals to ensure such proposals are
consistent with the purpose of this title and advise the city council of
potential conflicts.
B. Floodplain Development Permit:
1. Permit Required: A floodplain development permit issued by the
administrator shall be secured prior to initiation of any floodplain
development (any manmade change to improved or unimproved real
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16-6-4-13 16-6-4-13
estate, including, but not limited to, buildings or other structures,
mining, filling, grading, paving, excavation or drilling operations)
including the placement of factory built homes in both the floodway,
floodway fringe and general floodplain overlay districts.
2. Application For Permit: Application for a floodplain development
permit shall be made on forms supplied by the administrator and
shall include the following information:
a. Description of and plans for the work to be covered by the
permit for which application is to be made.
b. Description of the land on which the proposed work is to be
done (i.e., lot, block, tract, street address or similar description) that
will readily identify and locate the work to be done.
c. Identification of the use or occupancy for which the proposed
work is intended.
d. Elevation of the 100 -year flood.
e. Elevation (in relation to North American vertical datum, 1988)
of the lowest floor (including basement) of the structure or of the
level to which a structure is to be floodproofed.
f. For structures being improved or rebuilt, the estimated cost of
improvements and market value of the structure prior to the
improvements.
g. All certifications by a professional engineer registered in the
state of Iowa as required by this code.
h. Such other information as the administrator deems reasonably
necessary for the purpose of this title.
3. Action For Permit Application: The administrator shall make a
determination as to whether the proposed floodplain development
meets the applicable provisions and standards of this title and shall
approve or disapprove the application. For disapprovals, the appli-
cant shall be informed, in writing, of the specific reasons therefor.
The administrator shall not issue permits for conditional uses or
variances except as directed by the zoning board of adjustment.
4. As Built Certification: The applicant shall be required, prior to the
use or occupancy of any structure or development, to submit certifi-
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16-6-4-13 16-6-4-14
cation by a professional engineer registered in the state of Iowa that
the work authorized by the floodplain development permit was
accomplished in compliance with this title. Any use, arrangement, or
construction in conflict with that authorized shall be deemed a
violation of this title. (Ord. 46-11, 9-19-2011)
16-6-4-14: ZONING BOARD OF ADJUSTMENT ACTION AUTHOR-
IZED:
A. Hearing: The zoning board of adjustment shall hear and decide
applications for conditional uses, appeals and variances.
B. Conditional Uses: Requests for conditional uses shall be submitted
to the administrator, who shall forward such to the board for
consideration. Such requests shall include information ordinarily
submitted with applications as well as any additional information
deemed necessary by the board.
C. Appeals: Where it is alleged there is any error in any order, require-
ment, decision, or determination made by an administrative official in
the enforcement of this title, the aggrieved party may appeal such
action. The notice of appeal shall be filed with the board and with the
official from whom the appeal is taken and shall set forth the specific
reason for the appeal. The official from whom the appeal is taken
shall transmit to the board all the papers constituting the record upon
which the action appealed from was taken.
D. Variances: The board may authorize, upon request in specific cases,
such variances from the terms of this title that will not be contrary to
the public interest, where owing to special conditions a literal
enforcement of the provisions of this title will result in unnecessary
hardship. Variances granted must meet the following applicable
standards:
1. No variances shall be granted for any development within the
floodway overlay district which would result in any increase in the
100 -year level. Consideration of the effects of any development on
flood levels shall be based upon the assumption that an equal
degree of development would be allowed for similarly situated lands.
2. Variances shall only be granted upon: a) a showing of good and
sufficient cause, b) a determination that failure to grant the variance
would result in exceptional hardship to the applicant, and c) a
determination that the granting of the variance will not result in
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16-6-4-14 16-6-4-14
increased flood heights, additional threats to public safety, or
extraordinary public expense, create nuisances, or cause fraud on or
victimization of the public.
3. A variance shall only be granted upon a determination that the
variance is the minimum necessary considering the flood hazard, to
afford relief.
4. In cases where the variance involves a lower level of flood
protection for structures than what is ordinarily required by this title,
the applicant shall be notified in writing over the signature of the
administrator that: a) the issuance of a variance will result in
increased premium rates for flood insurance, and b) such
construction increases risks to life and property.
5. All variances granted shall have the concurrence or approval of
the IDNR.
E. Board Decisions: In passing upon requests for conditional uses and
variances, the board shall consider all relevant factors specified in
other sections of this title and:
1. The danger to life and property due to increased flood heights or
velocities caused by encroachments.
2. The danger that materials may be swept onto other lands or
downstream to the injury of others.
3. The proposed water supply and sanitation systems and the ability
of these systems to prevent disease, contamination and unsanitary
conditions.
4. The susceptibility of the proposed facility and its contents to flood
damage and the effect of such damage on the individual owner.
5. The importance of the services provided by the proposed facility
to the community.
6. The requirements of the facility for a floodplain location.
7. The availability of alternative locations not subject to flooding for
the proposed use.
8. The compatibility of the proposed use with existing development
and development anticipated in the foreseeable future.
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16-6-4-14 16-6-4-15
9. The relationship of the proposed use to the comprehensive plan
and floodplain management program for the area.
10. The safety of access to the property in times of flood for ordinary
and emergency vehicles.
11. The expected heights, velocity, duration, rate of rise and
sediment transport of the floodwater expected at the site.
12. Such other factors which are relevant to the purpose of this title.
F. Conditions Attached To Conditional Uses Or Variances: Upon
consideration of the factors listed above, the board may attach such
conditions to the granting of conditional uses and variances as it
deems necessary to further the purpose of this title. Such conditions
may include, but not necessarily be limited to:
1. Modification of waste disposal and water supply facilities;
2. Limitation on periods of use and operation;
3. Imposition of operational controls, sureties and deed restrictions;
4. Requirements for construction of channel modification, dikes,
levees, and other protective measures, provided such are approved
by the IDNR and are deemed the only practical alternative to
achieving the purposes of this title; and
5. Floodproofing measures which shall be designed consistent with
the flood protection elevation for the particular area, flood velocities,
durations, rate of rise, hydrostatic and hydrodynamic forces, and
other factors associated with the regulatory flood and that the
applicant submit a plan or document certified by a professional
engineer registered in the state of Iowa that the floodproofing
measures are consistent with the regulatory flood protection
elevation and associated flood factors for the particular area. (Ord.
46-11, 9-19-2011)
16-6-4-15: DEFINITIONS: Unless specifically defined below or in
chapter 2 of this title, words or phrases used in this section
16-6-4 shall be interpreted so as to give them the meaning they have in
common usage and to give this section 16-6-4 its most reasonable applica-
tion.
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16-6-4-15
BASE FLOOD:
BASEMENT:
DEVELOPMENT:
EXISTING
CONSTRUCTION:
EXISTING FACTORY
BUILT HOME PARK
OR SUBDIVISION:
EXPANSION OF
EXISTING FACTORY
BUILT HOME PARK
OR SUBDIVISION:
FACTORY BUILT
HOME:
16-6-4-15
The flood having one percent (1%) chance of
being equaled or exceeded in any given year
(see definition of 100 -Year Flood).
Any enclosed area of a structure which has its
floor or lowest level below ground level (sub -
grade) on all sides. See also definition of
Lowest Floor.
Any manmade change to improved or unim-
proved real estate, including, but not limited to,
buildings or other structures, the storage of
equipment or materials, mining, dredging, filling,
grading, paving, excavation or drilling opera-
tions.
Any structure for which the "start of construc-
tion" commenced before the effective date of
the first floodplain management regulations
adopted by the community on April 16, 1990.
May also be referred to as "existing structure".
A factory built home park or subdivision for
which the construction of facilities for servicing
the lots on which the factory built homes are to
be affixed (including, at a minimum, the installa-
tion of utilities, the construction of streets, and
either final site grading or the pouring of
concrete pads) is completed before the effective
date of the first floodplain management regula-
tions adopted by the community on April 16,
1990.
The preparation of additional sites by the
construction of facilities for servicing the lots on
which the factory built homes are to be affixed
(including, at a minimum, the installation of
utilities, the construction of streets, and either
final site grading or the pouring of concrete
pads).
Any structure, designed for residential use,
which is wholly or in substantial part, made,
fabricated, formed or assembled in manufac-
turing facilities for installation or assembly and
City of Dubuque
November 2011
16-6-4-15 16-6-4-15
FACTORY BUILT
HOME PARK:
installation on a building site. For the purpose of
this section 16-6-4, factory built homes include
mobile homes, manufactured homes and
modular homes and also include park trailers,
travel trailers and other similar vehicles placed
on a site for greater than one hundred eighty
(180) consecutive days.
A parcel or contiguous parcels of land divided
into two (2) or more factory built home lots for
rent or sale.
FLOOD: A general or temporary condition of partial or
complete inundation of normally dry land areas
resulting from the overflow of streams or rivers
or from the unusual and rapid runoff of surface
waters from any source.
FLOOD ELEVATION: The elevation floodwaters would reach at a
particular site during the occurrence of a
specific flood. For instance, the 100 -year flood
elevation is the elevation of floodwaters related
to the occurrence of the 100 -year flood.
FLOOD INSURANCE The official map prepared as part of (but
RATE MAP: published separately from) the flood insurance
study which delineates both the flood hazard
areas and the risk premium zones applicable to
the community.
FLOOD INSURANCE
STUDY:
A study initiated, funded and published by the
federal insurance administration for the purpose
of evaluating in detail the existence and severity
of flood hazards; providing the city with the
necessary information for adopting a floodplain
management program and establishing actuarial
flood insurance rates.
FLOODPLAIN: Any land area susceptible to being inundated by
water as a result of a flood.
FLOODPLAIN An overall program of corrective and preventive
MANAGEMENT: measures for reducing flood damages and
promoting the wise use of floodplains, including,
but not limited to, emergency preparedness
November 2011
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16-6-4-15
FLOODPROOFING:
FLOODWAY:
FLOODWAY FRINGE:
HISTORIC
STRUCTURE:
16-6-4-15
plans, flood control works, floodproofing and
floodplain management regulations.
Any combination of structure and nonstructural
additions, changes, or adjustments to struc-
tures, including utility and sanitary facilities,
which will reduce or eliminate flood damage to
such structures.
The channel of a river or stream, and those
portions of the floodplains adjoining the
channel, which are reasonably required to carry
and discharge floodwaters or flood flows so that
confinement of flood flows to the floodway area
will not result in substantially higher flood levels
or flow velocities.
Those portions of the floodplain, other than the
floodway, which can be filled, leveed, or other-
wise obstructed without causing substantially
higher flood levels or flow velocities.
Any structure that is:
A. Listed individually in the national register of
historic places, maintained by the department of
interior, or preliminarily determined by the
secretary of the interior as meeting the require-
ments for individual listing of the national
register;
B. Certified or preliminarily determined by the
secretary of the interior as contributing to the
historical significance of a registered historic
district or a district preliminarily determined by
the secretary to qualify as a registered historic
district;
C. Individually listed on a state inventory of
historic places in states with historic preserva-
tion programs which have been approved by the
secretary of the interior; or
D. Individually listed on a local inventory of
historic places in communities with historic
City of Dubuque
November 2011
16-6-4-15 16-6-4-15
LOWEST FLOOR:
MINOR PROJECTS:
preservation programs that have been certified
by either: 1) an approved state program as
determined by the secretary of the interior, or
2) directly by the secretary of the interior in
states without approved programs.
The floor of the lowest enclosed area in a struc-
ture, including a basement, except when all the
following criteria are met:
A. The enclosed area is designated to satisfy
the provisions of subsection 16-6-4-1164 of this
chapter; and
B. The enclosed area is unfinished (not
carpeted, drywalled, etc.) and used solely for
low damage potential uses such as building
access, parking or storage; and
C. Machinery and service facilities (e.g., hot
water heater, furnace, electrical service)
contained in the enclosed area are located at
least one foot (1') above the 100 -year flood
level; and
D. The enclosed area is not a "basement" as
defined herein.
In cases where the lowest enclosed area satis-
fies subsections A, B, C and D of this definition,
the lowest floor is the floor of the next highest
enclosed area that does not satisfy the criteria
above.
Small development activities (except for filling,
grading and excavating) valued at less than five
hundred dollars ($500.00).
NEW CONSTRUCTION: Those structures or development for which the
start of construction commenced on or after the
effective date of the flood insurance rate map
(September 6, 1989).
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16-6-4-15
NEW FACTORY BUILT
HOME PARK OR
SUBDIVISION:
100 -YEAR FLOOD:
RECREATIONAL
VEHICLE:
ROUTINE
MAINTENANCE OF
EXISTING BUILDINGS
AND FACILITIES:
16-6-4-15
A factory built home park or subdivision for
which the construction of facilities for servicing
the lots on which the factory built homes are to
be affixed (including, at a minimum, the installa-
tion of utilities, the construction of streets, and
either final site grading or the pouring of
concrete pads) is completed on or after the
effective date of the first floodplain management
regulations adopted by the community on April
16, 1990.
A flood, the magnitude of which has a one
percent (1%) chance of being equaled or
exceeded in any given year or which, on the
average, will be equaled or exceeded at least
once every one hundred (100) years.
A vehicle which is:
A. Built on a single chassis;
B. Four hundred (400) square feet or less when
measured at the largest horizontal projection;
C. Designed to be self-propelled or permanently
towable by a light duty truck; and
D. Designed primarily not for use as a perma-
nent dwelling but as a temporary living quarters
for recreational, camping, travel, or seasonal
use.
Repairs necessary to keep a structure in a safe
and habitable condition, provided they are not
associated with a general improvement of the
structure or repair of a damaged structure. Such
repairs include:
A. Normal maintenance of structures such as
reroofing, replacing roofing tiles and replacing
siding;
B. Exterior and interior painting, papering, tiling,
carpeting, cabinets, countertops and similar
finish work;
City of Dubuque
November 2011
16-6-4-15 16-6-4-15
SPECIAL FLOOD
HAZARD AREA:
START OF
CONSTRUCTION:
STRUCTURE:
November 2011
C. Basement sealing;
D. Repairing or replacing damaged or broken
window panes;
E. Repairing plumbing systems, electrical
systems, heating or air conditioning systems
and repairing wells or septic systems.
The land within a community subject to the
100 -year flood. This land is identified as zone A
on the community's flood insurance rate map.
Includes substantial improvement, and means
the date the development permit was issued,
provided the actual start of construction, repair,
reconstruction, rehabilitation, addition, place-
ment, or other improvement, was within one
hundred eighty (180) days of the permit date.
The actual start means either the first place-
ment or permanent construction of a structure
on a site, such as pouring of a slab or footings,
the installation of pile, the construction of
columns, or any work beyond the stage of
excavation; or the placement of a factory built
home on a foundation. Permanent construction
does not include land preparation, such as
cleaning, grading or filling, nor does it include
the installation of streets and/or walkways; nor
does it include excavation for a basement, foot-
ings, piers, or foundations, or the erection of
temporary forms; nor does it include the instal-
lation on the property of accessory buildings
such as garages or sheds not occupied as
dwelling units or not part of the main structure.
For a substantial improvement, the actual start
of construction means the first alteration of any
wall, ceiling, floor, or other structural part of the
building, whether or not that alteration affects
the external dimension of the building.
Anything constructed or erected on the ground
or attached to the ground, including, but not
limited to, buildings, factories, sheds, cabins,
City of Dubuque
16-6-4-15 16-6-4-15
SUBSTANTIAL
DAMAGE:
factory built homes, storage tanks, and other
similar uses.
Damage of any origin sustained by a structure
whereby the cost of restoring the structure to its
before damaged condition would equal or
exceed fifty percent (50%) of the market value
of the structure before the damage occurred.
SUBSTANTIAL Any improvement to a structure which satisfies
IMPROVEMENT: either of the following criteria:
VARIANCE:
A. Any repair, reconstruction, rehabilitation,
addition or improvement of a structure, the cost
of which would equal or exceed fifty percent
(50%) of the market value of the structure
either: 1) before the improvement or repair is
started, or 2) if the structure has been
damaged, and was being restored, before the
damage occurred. For the purposes of this
definition, "substantial improvement" is
considered to occur when the first alteration
affects the external dimensions of the structure.
This term does not, however, include any
project for improvement of a structure to comply
with existing state or local health, sanitary, or
safety code specifications which are solely
necessary to assure safe conditions for the
existing use.
B. Any addition which increases the original
floor area of a building by twenty five percent
(25%) or more. All additions constructed after
September 6, 1989, shall be added to any
proposed addition in determining whether the
total increase in original floor space would
exceed twenty five percent (25%).
A grant of relief by a community from the terms
of the floodplain management regulations as
defined in this section 16-6-4.
VIOLATION: The failure of a structure or other development
to be fully compliant with the community's flood -
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City of Dubuque
16-6-4-15 16-6-6-3
plain management regulations. (Ord. 46-11,
9-19-2011)
16-6-5: AIRPORT OVERLAY DISTRICT: Reserved for future use.
(Ord. 52-09, 10-19-2009)
16-6-6: OTN OLD TOWN NEIGHBORHOOD DISTRICT OVERLAY:
It is recognized that the older areas of Dubuque primarily in
the downtown and surrounding neighborhoods require site design standards
that respect the historic context of their development. (Ord. 52-09,
10-19-2009)
16-6-6-1: PURPOSE:
A. The OTN is characterized by older building stock and a mix of
densely developed commercial and residential structures built on
small lots served by alleys. The OTN includes Dubuque's historic
downtown core, the Central Avenue and Rhomberg Avenue business
corridors, older neighborhood commercial nodes often located on
corner lots and a mix of single and multi -family housing located on
separate lots or as upper story apartments.
B. The purpose and intent of the OTN is to conserve the character and
integrity of historic building stock in areas of the city where strict
application of site design standards for new commercial and multi-
family residential development are difficult to apply due to the dense
development patterns of these older areas. Often, application of
such "suburban style" standards may lead to demolition of existing
structures or may limit redevelopment of commercial and multi -family
structures or properties in the OTN. (Ord. 52-09, 10-19-2009)
16-6-6-2: OTN BOUNDARY: The OTN includes the city's locally
designated historic districts, conservation districts, and
conservation planning areas as defined in chapter 10 of this title, and those
areas included in the city's phased historic/architectural survey/evaluation.
(Ord. 52-09, 10-19-2009)
16-6-6-3: OTN DESIGN GUIDELINES: OTN design guidelines enable
property owners to renovate, redevelop or expand their busi-
November 2011
City of Dubuque
16-6-6-3 16-6-6-4
nesses or buildings within a framework compatible to their neighborhood
character and surrounding environs. (Ord. 52-09, 10-19-2009)
16-6-6-4: APPLICABILITY: This section 16-6-6 shall apply to all lands
within the jurisdiction of the city shown on the official zoning
map as being within the OTN old town neighborhood district overlay. (Ord.
52-09, 10-19-2009)
November 2011
City of Dubuque
16-7-2-1 16-7-2-3
TOWER HEIGHT:
The distance measured from the grade level at
the base of the tower to the highest point on the
tower, including any antenna mounted on the
tower. (Ord. 52-09, 10-19-2009)
16-7-2-2: APPLICABILITY:
A. Nonessential Services: Wireless telecommunication towers and
antennas shall be regulated pursuant to this section 16-7-2 and not
regulated as essential service, public utility or private utility.
B. Exclusions: The following shall be exempted from this title:
1. Fire, police, transportation or other public service facilities owned
and operated by local governments.
2. Any facilities expressly exempt from the city's siting, building, and
permitting authority.
3. Over the air reception devices including the reception antennas
for direct broadcast satellites (DBS), multichannel multipoint
distribution (wireless cable) providers (MMDS), television broadcast
stations (TVBS) and other customer end antennas that receive and
transmit fixed wireless signals that are primarily used for reception.
4. Facilities exclusively for private, noncommercial radio and
television reception and private citizens bands, licensed amateur
radio and other similar noncommercial telecommunications.
5. Facilities exclusively for providing unlicensed spread spectrum
technologies where the facility does not require a new tower. (Ord.
52-09, 10-19-2009)
16-7-2-3: COMMUNICATION TOWER STANDARDS:
A. No communication tower or associated support facilities shall be
constructed, except in conformance with this section 16-7-2.
B. Guywires and other support facilities shall conform to the setback
requirements for the underlying zoning district.
C. Communication towers are prohibited within POS districts.
City of Dubuque
16-7-2-3
16-7-2-4
D. Communication towers are prohibited within historic districts and
within one thousand feet (1,000') of a historic district.
E. Communication towers are subject to the following bulk regulations:
Zoning District
Use Type
Minimum
Setback
Maximum Height
Agricultural,
residential, office,
commercial,
institutional, PUD
Conditional
use permit
100% of tower
height
Single user: 75
feet or multiple
user: 150 feet
Industrial
Permitted
Height allowed
by underlying
district
F. Site plans for communication towers shall be submitted and
reviewed as major site plans. Site plan applications shall be
prepared to show all information currently required by the city, a list
of which shall be available from the planning services department.
(Ord. 52-09, 10-19-2009)
16-7-2-4: ANTENNAS: Antennas, and their essential support facilities,
shall be allowed as a permitted use in any zoning district
subject to the following:
A. A simple site plan shall be submitted for each antenna or antenna
array providing the following information:
1. Mounting location of proposed antenna or antenna array on host
structure.
2. Description of antenna or antenna array height and width,
including a photo (if available) or other visual representation.
3. Proof of ownership of the proposed site or authorization to utilize
it.
B. The antenna does not extend more than thirty feet (30') above the
highest point of the host structure.
C. Antennas may be mounted on nonresidential structures, including,
but not limited to, existing towers, traffic signals, streetlights, water
City of Dubuque
16-7-2-4 16-7-2-6
towers, billboards, telephone tower and emergency signal poles,
bridges, and parking deck structures.
D. Antennas or antenna arrays shall comply with the maximum height
requirement of the zoning district in which they are located.
Applicants proposing an antenna higher than allowed by the zoning
district in which it will be located may apply for a variance to the
zoning board of adjustment.
E. No antenna or antenna array may, by virtue of this section 16-7-2,
occupy, encroach or "overhang" any public right of way without the
expressed approval of the city.
F. Each antenna installation shall require a separate building permit.
G. A building permit for the installation of an antenna in a historic
district requires the prior issuance of a certificate of appropriateness
from the historic preservation commission. (Ord. 52-09, 10-19-2009)
16-7-2-5: CONDITIONAL USE PERMIT APPLICATION:
A. An applicant proposing a communication tower that requires a
conditional use permit for construction in the zoning district for which
it is proposed shall submit all information currently required by the
city, a list of which shall be available from the planning services
department.
B. After receipt of an application for a conditional use permit, the
planning services department shall schedule a public hearing before
the zoning board of adjustment, following all statutory requirements
for publication and notice, to consider such application. The zoning
board of adjustment shall receive evidence on the conditional use
permit. The zoning board of adjustment may approve the conditional
use permit as requested in the pending application with any
conditions or safeguards, including stealth construction, it deems
reasonable and appropriate based upon the application and/or input
received at the public hearings or deny the application. (Ord. 52-09,
10-19-2009)
16-7-2-6: SECURITY FENCING: All self-supporting lattice or guyed
communication towers shall be enclosed within a security
fence or other structure designed to preclude unauthorized access. Mono-
pole communication towers shall be designed and constructed in a manner
City of Dubuque
16-7-2-6 16-7-2-10
which will preclude to the extent practical, unauthorized climbing of said
structure. (Ord. 52-09, 10-19-2009)
16-7-2-7: EXTERIOR FINISH: Communication towers not requiring
FAA painting or marking shall have a neutral exterior finish
which is compatible with adjacent land uses and reduces visual impact,
subject to review and approval by the zoning board of adjustment as part of
the application approval process. (Ord. 52-09, 10-19-2009)
16-7-2-8: LANDSCAPING: All tracts of land on which communication
towers, antenna support structures, support facilities and/or
antennas are located shall be subject to the following landscaping
requirements:
A. Support facilities and communication tower bases shall be
landscaped with a buffer of plant materials that effectively screens
from view the tower base and any support facilities from adjacent
property or street. The plantings installed shall be of a size and
species that can achieve a height of six feet (6') and seventy five
percent (75%) opacity within three (3) growing seasons.
B. In locations where the visual impact of the tower and support
facilities would be minimal, the landscape requirement may be
reduced or waived by the city planner.
C. Existing mature tree growth and natural Iandforms on the property
shall be preserved to the maximum extent possible. Natural growth
around the property perimeter may be considered a sufficient buffer
for a proposed tower and support facilities as determined by the city
planner. (Ord. 52-09, 10-19-2009)
16-7-2-9: LIGHTING: Towers shall not be illuminated unless required
to conform to FAA or other governmental regulations. (Ord.
52-09, 10-19-2009)
16-7-2-10: MAINTENANCE, REPAIR AND MODIFICATION:
A. All communication towers, antenna support structures, support
facilities and antennas constructed or under construction on the date
of approval of this regulation may continue in existence as a
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 light of the characteristics of
the property and the public welfare.
C. Furthermore, it is contemplated under this title that the long range
planning advisory commission is, in the first instance, the body
responsible for the formulation and continuing review of the compre-
hensive plan, as expressed herein, and this commission shall be
charged with the duty of periodically reviewing the policies and provi-
sions of this title in light of its purposes and changing conditions, and
proposing on its own initiative such district reclassifications or code
amendments as may be deemed appropriate to secure the public
welfare. (Ord. 52-09, 10-19-2009)
16-9-5-1: APPLICATION REQUIREMENTS:
A. Any person may request a reclassification of property to another
district, regardless of such person's interest in the property, by
submitting a completed zoning reclassification application together
with the required fee, to the planning services department.
B. The applicant may submit a written request to withdraw the 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)
August 2012
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
commission, 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, 2013, except where a vested right to the issuance
of such approval accrued prior to the effective date hereof. (Ord.
37-12, 6-18-2012)
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)
August 2012
City of Dubuque
16-9-6 16-9-6-4
16-9-6: TEXT AMENDMENT PROCEDURE:
16-9-6-1: TEXT AMENDMENT: Text amendments are intended for
wholesale changes to the zoning regulations, as a means for
the city to respond to changing conditions and emerging trends in the
community. Text amendments are not property specific. (Ord. 52-09,
10-19-2009)
16-9-6-2: APPLICATION REQUIREMENTS:
A. Any person may propose amendments to the provisions of this title
by delivering a copy of the proposed amendment to the planning
services department. The applicant may submit a written request to
withdraw the text amendment application at any time prior to final
action by the city council.
B. The affirmative vote of at least four (4) commission members shall
be required to constitute a recommendation of approval of the
proposal, and any lesser number of affirmative votes shall be
considered a recommendation of denial of the amendment. The
commission's recommendations shall be forthwith transmitted to the
council for its action. (Ord. 52-09, 10-19-2009)
16-9-6-3: ZONING ADVISORY COMMISSION ACTION: The zoning
advisory commission shall consider a text amendment request
at a public hearing. Following the public hearing, the zoning advisory
commission shall act to recommend approval or denial of the request, or
table the request. (Ord. 52-09, 10-19-2009)
16-9-6-4: CITY COUNCIL ACTION:
A. Following receipt of the zoning advisory commission's recommenda-
tion, the city council shall act to hold its own public hearing on the
proposed amendment.
B. Following the public hearing, the council shall adopt, table or reject
the proposed amendment. In those cases where the zoning advisory
commission has recommended disapproval of the amendment, the
affirmative vote of at least three-fourths (3/4) of the city council shall
be required to enact the amendment. (Ord. 52-09, 10-19-2009)
May 2011
City of Dubuque
16-9-7 16-9-8
16-9-7: PUBLIC HEARINGS: At all public hearings required by this
title to be held by the zoning advisory commission or city
council, all interested persons shall have an opportunity to express their
opinions on the subject matter at hand, either in person or by agent, subject
in all cases to reasonable rules of procedure. (Ord. 52-09, 10-19-2009)
16-9-8: NOTICE OF ZONING ADVISORY COMMISSION HEAR-
INGS:
A. Notice of the time and place of all public hearings to be held by the
zoning advisory commission shall be published in a newspaper of
general circulation in the city at least seven (7) days and not more
than twenty (20) days prior to the date of the hearing.
B. A reasonable effort shall be made to notify by mail those property
owners whose property is being considered for reclassification and
those owners of adjacent property and other parcels within two
hundred feet (200') therefrom, prior to the first public hearing in
which the reclassification request will be considered. Where the
commission has a public hearing on a reclassification request, the
commission shall direct and require verification that the applicant or
their agent has taken responsible steps to give notice of the time,
place, and subject of the hearing by first class mail to all property
owners within two hundred feet (200') of the property for which
reclassification is requested, and to the owner(s) of the property
included in such request. The commission may require, at its
discretion and at the applicant's expense, notification of owners of
property located more than two hundred feet (200') from the subject
property and of other parties with a direct interest in the
reclassification requested.
C. Only one mailing shall be required in any event, and mail notice by
the council shall not be required. In all cases, however, the notice
shall be mailed not less than seven (7) days and not more than
twenty (20) days prior to the public hearing announced therein. (Ord.
52-09, 10-19-2009)
May 2011
City of Dubuque
16-11-2 16-11-2
C. Southwest Arterial Corridor Subdivision Review: A proposed plat that
divides any parcel within the southwest arterial corridor into two (2)
or more lots, and any preliminary plat within the southwest arterial
corridor must be submitted to the city council for review. No plat for
any subdivision or resubdivision of property in the southwest arterial
corridor, as delineated on drawings on file in the city clerk's office,
may be approved by the city council, from the effective date hereof
to July 1, 2013, except where a vested right to the issuance of such
approval accrued prior to the effective date hereof. (Ord. 38-12,
6-18-2012)
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)
August 2012
City of Dubuque
16-11-3 16-11-6
16-11-3: RECORDING OF SUBDIVISION PLATS: No person shall
subdivide any tract of land to which this chapter applies
without recording a plat thereof in the office of the county recorder, which
plat shall first have been prepared and approved in conformity with the
provisions of this chapter and of state law. (Ord. 52-09, 10-19-2009)
16-11-4: EXCEPTION OF SPECIFIC SUBDIVISION REQUIRE-
MENTS: The zoning advisory commission and city council,
when acting upon an application for preliminary or final subdivision
approval, shall have the power to grant such exceptions from the require-
ments of this chapter for subdivision approval as may be reasonable and
within the general purpose and intent of the provisions • for subdivision
review and approval 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. (Ord.
52-09, 10-19-2009)
16-11-5: APPLICATION FEE FOR SUBDIVISION PLAT REVIEW
REQUIRED: No plat shall be considered filed for review,
unless and until said plat is accompanied by a fee in the amount as
established by resolution of the city council in an official schedule of
planning and zoning fees. (Ord. 52-09, 10-19-2009)
16-11-6: SUBDIVISIONS CLASSIFIED:
A. Plats: Plats vacating public right of way.
B. Simple Division: Any subdivision or consolidation of property in
which no new streets, public or private, are proposed, which does
not require the construction of any public improvements, and which
creates fewer than three (3) lots.
C. Minor Subdivision: Any subdivision or consolidation of property in
which no new streets, public or private, are proposed and which
does not require the construction of any public improvements and
which creates three (3) or more lots.
D. Major Subdivision: Any subdivision or consolidation of property which
is not a simple subdivision or a minor subdivision and requires the
construction of any public improvements. (Ord. 52-09, 10-19-2009)
City of Dubuque
16-11-7 16-11-7
16-11-7: APPLICATION REQUIREMENTS AND REVIEW PROCESS:
A. General Information:
1. All applications for land subdivision approval shall be prepared to
show all information currently required by the city, a list of which
shall be available from the planning services department.
2. Preliminary grading, not to include the removal of excavated
material from the site, may be permitted only after a grading and
erosion control plan has been submitted, reviewed and approved by
the city engineer and the city planner.
3. Final grading and utility construction in accordance with the city
standards and this title, and/or the removal of excavated material
from the site, may be permitted with the written approval of the city
manager, provided that the owner first waives, in writing, any claims
against the city which may result from the denial of or changes
required for approval of the final plat and/or improvement plans.
4. Prior to commencing any grading or construction of improvements,
the owner shall also obtain any state or federal permits which may
be required.
B. Simple Divisions And Plats Vacating Public Right Of Way:
1. Simple divisions that are determined to be in compliance with this
title and plats vacating public right of way shall be reviewed and
approved by the city planner.
2. The city planner may set conditions to ensure that the simple
division meets the requirements of all applicable city codes.
3. Simple divisions that require a waiver of bulk regulations shall be
submitted to the zoning advisory commission and city council for
approval.
4. No plats for simple divisions shall be recorded unless the city has
approved the plat.
C. Minor Subdivisions:
1. A preapplication conference shall be encouraged, but not required
for a minor subdivision.
City of Dubuque
16-11-7 16-11-7
2. A preliminary plat is not required for a minor subdivision. The
zoning advisory commission may require any additional information
necessary to adequately review the plat.
3. The owner shall submit six (6) copies of the final plat to the
planning services department. The final plat must show all
information required by the city.
4. The zoning advisory commission shall review final plats to
determine whether said plat is in substantial conformance with this
title and the comprehensive plan. If the commission finds that the
plat conforms to all applicable city and state codes, and the
comprehensive plan, the commission shall approve the plat. The
commission shall submit its findings regarding the final plats to the
city council, who must act within sixty (60) days of the filing of the
final plat with the planning services department.
5. If the zoning advisory commission fails to recommend approval of
the final plat, or approves it with conditions, the commission shall
transmit its findings, required conditions and/or reasons for its denial
to the owner and city council.
6. The city council shall review final plats to determine conformance
to this title, state law, and the comprehensive plan. If the plat
conforms, the city council shall approve the plat and shall cause its
approval to be entered on the plat. The city council may require as a
condition of approval of the plat that the owner comply with such
other reasonable requirements as the city council may deem neces-
sary for the protection of the public interest.
D. Major Subdivisions:
1. A preapplication conference shall be required for all major
subdivisions.
2. An approved preliminary plat shall be required for a major
subdivision. After the preapplication conference, the owner shall
submit six (6) copies of the preliminary plat as required by the city
planner. The preliminary plat must show all information required by
the city. The preliminary plat shall be reviewed by the zoning
advisory commission only except when a preliminary plat is
submitted that includes a private street, in which case both the
zoning advisory commission and the city council shall review and
approve the submitted preliminary plat. In a case where the zoning
advisory commission votes to deny a preliminary plat, the city
City of Dubuque
16-11-7 16-11-7
council shall have the discretion to review the preliminary plat and
override the commission's denial. The review shall be to determine
compliance with all relevant sections of this title and the compre-
hensive plan. Approval granted by the commission shall remain in
effect for a period of two (2) years. Within this two (2) year time
frame, a final plat must be filed with the planning services depart-
ment. The zoning advisory commission shall have the authority to
grant a maximum of one 2 -year extension, provided the preliminary
plat is still in compliance with all current city codes and ordinances.
3. The owner shall submit six (6) copies of the improvement plans to
the planning services department. The improvement plans shall
include all information required by the city. Any application for
approval of improvement plans that does not contain all required
information, including a draft copy of the final plat, shall not be
accepted by the city planner. The city engineer shall review all
improvement plans to determine whether the plans are in substantial
conformance to all applicable city standards.
4. The owner shall submit six (6) copies of the final plat to the city
planner. The final plat must show all information required by the city.
Any application for final plat approval that does not contain all
required information, including improvement plans approved by the
city engineer, shall not be accepted by the city planner. The city
planner shall review final plats to determine whether or not said plat
is in material conformance to the preliminary plat for the property,
this title and the comprehensive plan. The city planner shall submit
findings and recommendations on the final plat to the city council.
The city council shall act within sixty (60) days of the acceptance of
a complete final plat application by the city planner.
5. Preliminary plats shall include the entire proposed subdivision
when fully built, and shall also indicate the presence of all
contiguous property under common ownership, in order to allow the
city to plan for the future extension of streets and utilities.
6. The city council shall review final plats to determine conformance
to this title, state law, and the comprehensive plan. If the plat
conforms, the city council shall approve the plat and shall cause its
approval to be entered on the plat. The city council may require as a
condition of approval of the plat that the owner of the land bring all
streets to a grade acceptable to the city council, and comply with
such other reasonable requirements in regard to installation of public
utilities or other improvements as the city council may deem
requisite for the protection of the public interest.
City of Dubuque
16-11-14 16-11-15
C. Lot Lines: Insofar as practical, the side lot lines shall be
perpendicular to the street on which the lot fronts.
D. Remnant Lots: In cases where irregularity of ownership or street
lines would produce remnant lots less than the minimum area
required by this title, such area shall be added to adjoining lots.
E. Exceptional Sized Lots: When the tract is subdivided into parcels
larger than the usual building lots, such tract shall be divided so as
to allow for the opening of streets and such parcels shall be
multiples, in area, of units not less than the lot areas required by this
title.
F. Mid Block Pedestrian Access Easements: AH blocks which exceed
one thousand feet (1,000') in length shall be provided with a mid
block pedestrian access easement. Mid block pedestrian access
easements shall be provided to enhance connectivity within and
between residential areas. Easements shall be provided in all blocks
where the city planner determines, that due to topography, physical
constraint, or excessive block length such easement would benefit
the health and welfare of the public. (Ord. 52-09, 10-19-2009)
16-11-15: STREETS:
A. General: The arrangement of arterial and collector streets shall
conform to the circulation plan of the comprehensive plan. For
streets not shown in the comprehensive plan, the arrangement shall
provide for the appropriate extension of existing streets. Private
streets shall conform to city standards for private streets.
B. Right Of Way:
1. The right of way shall be measured from lot line to lot line and
shall be sufficiently wide to contain the street pavement, curbs,
shoulders, sidewalks, utilities, street lighting and street trees placed
within the right of way.
2. The right of way width of a new street that is a continuation of an
existing street shall in no case be continued at a width Tess than that
of the existing street. The right of way width shall vary with street
classification according to the city standards.
3. Dedication of half street right of way is discouraged but may be
approved by the commission and city council to serve the public
City of Dubuque
16-11-15 16-11-15
interest. Lots abutting on such right of way shall be nonbuildable
until the remainder of the street is dedicated to the public.
C. Street Classification:
1. Streets shall be classified by the city engineer as arterial,
collector, local or alley. The street hierarchy shall be defined by the
city engineer based on road function and average daily traffic in
accordance with the city standards.
2. Each street shall be classified and designed for its entire length to
meet the standards for one of the street types defined in the city
standards.
3. The owner shall demonstrate to the zoning advisory commission's
and city council's satisfaction that the distribution of traffic to the
proposed street system will not exceed the requirements set forth in
the city standards.
D. Street Width: Street width shall consider possible limitations imposed
by sight distances, climate, terrain, and maintenance needs. Street
widths for each street classification shall conform to the city
standards.
E. Pavement Standards: Street pavement thickness shall vary by street
classification, subgrade properties and pavement type as specified in
the city standards.
F. Street Alignment: Arterial and collector streets shall be continued in
as direct an alignment as topography and other conditions permit.
Local streets shall conform to the prevailing topography of the
subdivision.
G. Street Grades: The minimum gradient for all streets shall be one-half
percent (h/2%). The maximum gradient for arterial streets shall be
eight percent (8%); for collector streets ten percent (10%); and for
local streets twelve percent (12%). Grades of up to fifteen percent
(15%) may be allowed on secondary access, local streets with the
approval of the zoning advisory commission and city council. The
grade within the circle of a cul-de-sac shall be no more than four
percent (4%).
H. Names Of Streets: Streets that are aligned with existing or platted
streets, or essentially so, shall bear the names of the existing
streets. Names for new streets shall not duplicate in spelling, nor
City of Dubuque
16-11-15 16-11-15
sound phonetically similar to existing street names in the city or
county of Dubuque. Street names shall be approved by the commis-
sion and city council.
Easements: Easements shall be provided as determined necessary
for public utility requirements. Public utility easements shall be a
minimum of ten feet (10') in width and may vary as needed. Storm
sewer and sanitary sewer easements and water main easements
shall be a minimum of twenty feet (20') in width.
J. Curbs:
1. Curb requirements and construction shall be in accordance with
the city standards.
2. Where curbing is not required, as in planned developments or
within two (2) miles of the city limits, edge definition and stabilization
shall be furnished as recommended by the city engineer. Shoulders
and swales shall be reviewed on a case by case basis with the city
engineer.
3. Curbing shall be designed to provide a ramp for wheelchairs and
handicapped access as required by state and federal law and city
standards. (Ord. 52-09, 10-19-2009)
K. Complete Streets Policy:
1. General: The city's comprehensive plan supports the development
of a comprehensive bike/hike trail system to provide multimodal
transportation for the city. Streets that are designed for only cars
limit transportation choices by making walking, bicycling and taking
public transportation inconvenient, unattractive and potentially
dangerous. The city currently implements curb ramp, sidewalk,
signage and trail projects that support the implementation of
complete street design. The city's complete streets policy will take
into account the potential for additional cost associated with the
construction of complete streets and recognizes that not every new
public street will be suitable for implementing all aspects of complete
street design. Planning staff will review application of complete street
design as part of the major subdivision review process.
2. Complete Street Design Goals:
a. Design and construct new streets in anticipation of increased
demand for bicycling, walking and transit facilities.
April 2012
City of Dubuque
16-11-15 16-11-16
b. Design and construct new streets that allow for future
improvements to accommodate complete street design attributes,
such as provision of extra right of way to accommodate an off street
bike trail in the future.
c. New public streets that implement all or some components of
complete street design shall utilize standards found in the following
design guidelines:
(1) AASHTO (American Association Of State Highway And
Transportation Officials).
(2) SUDAS (statewide urban design and specifications
program).
(3) Federal highway administration.
(4) ITE (Institute Of Transportation Engineers).
3. Complete Street Applications:
a. Most collector and arterial streets are constructed/
reconstructed by the city of Dubuque and hence application of
complete street design criteria will be handled through the city's
internal design and approval process.
b. Local residential streets in most new residential subdivisions
will incorporate some complete street design criteria, such as
sidewalks on both sides of the street, curb ramps at intersection
corners, etc.
c. Collector streets within new subdivision, in addition to above,
may restrict driveway access to side streets to facilitate on street
bike trails, could include wide sidewalks and parkways to facilitate
walking. (Ord. 1-12, 1-17-2012)
16-11-16: SIDEWALKS:
A. Sidewalks shall be required on all public street frontages and
constructed of concrete or permeable pavement in accordance with
the city and ADA standards.
B. Sidewalks shall be placed five feet (5') behind the curb parallel to
the street, unless an exception has been permitted by the city
April 2012
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
August 2012
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, 2013, except where a vested right to the issuance
of such approval accrued prior to the effective date hereof. (Ord.
39-12, 6-18-2012)
Notwithstanding the foregoing, the city council may approve a
proposed site plan upon a determination that the proposed site plan
will not negatively impact the acquisition of right of way along the
preferred alignment of the southwest arterial corridor. The city
council shall also consider any recommendation from the southwest
arterial technical committee regarding potential negative impacts, if
any, that would result from approval of the proposed site plan and
subsequent development of the parcels. (Ord. 7-11, 1-18-2011)
16-13-3: SITE DEVELOPMENT REQUIREMENTS:
16-13-3-1: SITE LIGHTING:
A. The following site features shall be illuminated by an exterior light
source:
1. Driveways and loading facilities; and
2. Pedestrian walkway surfaces and entrances to buildings.
The location and design of site lighting shall conform to the
following:
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
August 2012
City of Dubuque
16-15-11-10
16-15-11-10
C-5 CENTRAL BUSINESS DISTRICT:
0
3
Permitted
Permitted Mechanical
Lighting Type Motion
C-5 central business:
a)
o
z
2
\
z
Maximum
Area Projection Over
(Square Feet) Number Right Of Way Height
J
&
iiia
R
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\\
Below eaves or
parapet
0
18 inches
m C 2 %
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1 per business per
street frontage
:
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25 per sign
100 per sign
Permitted Sign
On Premises Signs Structures
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Projecting
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Identification signs:
0
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/
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City of Dubuque
16-15-11-10
Permitted
Mechanical
Motion
o
z
o
z
Permitted
Lighting Type
o
C
Tri m
N y
D)
C
-`1,1
O
z
Internal, no
flashing
No flashing
E
E
al
Height
On canopy fascia
Below eaves or
parapet
10 feet
Below eaves or
parapet
Projection Over
Right Of Way
0
0
0
Number
2 per canopy
1 per business per
street frontage
Not specified
Area
(Square Feet)
20 per sign
6 per sign
6 per sign
Permitted Sign
Structures
as
'S
Wall nameplate
Freestanding
�S
On Premises Signs
Freestanding canopy
All applications
Directional signs:
All applications
(Ord. 4-10, 2-1-2010)
City of Dubuque
-M- -M-
MOTOR VEHICLES AND TRAFFIC (cont.)
Permitting Unauthorized Minor To Drive 9-4-321.219
Permitting Unauthorized Person To Drive 9-4-321.220
Records Of Rentals 9-4-321.224
Renting Motor Vehicle To Unlicensed Persons 9-4-321.222
Unlawful Use Of License 9-4-321.216
Equipment
Brakes, Hitches, And Sway Control
Brake Requirements 9-12-321.430
Performance Ability Of Brakes 9-12-321.431
Lighting Equipment
Clearance And Identification Lights On Trucks,
Trailers, And Semitrailers 9-12-321.392
Headlamps On Motor Vehicles 9-12-321.385
Headlamps On Motorcycles And Motorized
Bicycles 9-12-321.386
Illuminating Plates 9-12-321.388
Lamp Or Flag On Projecting Load 9-12-321.394
Lamps On Other Vehicles And Equipment 9-12-321.398
Lamps On Parked Vehicles 9-12-321.395
Mandatory Lighting Equipment 9-12-321.409
Rear Lamps 9-12-321.387
Red Light In Front 9-12-321.422
Required Usage Of Lighting Devices 9-12-321.415
Signal Lamps And Devices 9-12-321.404
Spot Lamps 9-12-321.402
When Lighted Lamps Required 9-12-321.384
Miscellaneous Equipment
Child Restraint Devices 9-12-321.446
Horns And Warning Devices 9-12-321.432
Metal Tires Prohibited 9-12-321.441
Mirrors 9-12-321.437
Mufflers, Prevention Of Noise 9-12-321.436
Projections On Wheels 9-12-321.442
Restrictions As To Tire Equipment 9-12-321.440
Safety Belts And Safety Harnesses 9-12-321.445
Sirens And Bells Prohibited 9-12-321.433
Windshield Wipers 9-12-321.439
Windshields And Windows 9-12-321.438
Safety Standards
Movement Of Unsafe Or Improperly Equipped
Vehicles 9-12-321.381
Sale Of Unsafe Vehicles 9-12-321.381A
Upgrade Pulls; Minimum Speed 9-12-321.382
General Provisions
Applicability Of Title 9-1-321.2
Definitions 9-1-321.1
November 2012
City of Dubuque
MOTOR VEHICLES AND TRAFFIC (cont)
Impoundment Of Vehicles
Generally
Intent And Purpose 9-15'321750
Scofflaw
Owner Responsibility 9'15'321.752
Removal And Impoundment 9-15'321751
Street Storage
Definition 9'15-321761
Exclusion 9'15-321783
Intent And Purpose 9'15'321.760
Unattended Vehicles 9-15-321.762
�
Towing And Storage
Auction Of Vehicles 9-16'321.772
Notice To Owner 9-15-321.770
Unauthorized Removal Of Vehicle 0'15'321771
Miscellaneous City Provisions
Administration
Arrest, Notice To Appear 9-18-321.1000
Authority Of Peace Officers To Stop Vehicles . . 0'18'321.1002
Records Of Violations 9-10-321.1001
Road Work Zone Violations 9'16'821.1003
Noise
Vehicular Noise 0'16'321.800
Prohibited Activities
Moving Vehicle Into Prohibited Area 0'16'321.2080
Operation Of Advertising Vehicles 9'16-321.2002
Repairs 9-16'321.2001
Trucks And/Or Machinery
Engine Brakes And Compression Brakes 9-16'321.805
Heavy Vehicles Prohibited On Certain Bridges . . 9'16'321.903
Motor Truck Routes 0'16'321.901
Motor Truck Routes Prohibited On Designated
Streets 0'16'321.902
Vehicles With Caterpillar Wheels Or Heavy Lugs
Restricted 8'16-321.900
Miscellaneous Rules
Cleaning Up Wrecks 0'10'321.371
Coasting 0'10'321.365 �
\
Crossing Fire Hose 9'10-321.368
Duty Of Driver Approaching Crest Of Hills, Blind
Curves 9'10'321.363A
Following Fire Apparatus 9'10'321.307
Obstruction To Driver's View 8'10-321.363
Responsibility When Leaving Motor Vehicle
Unattended 9-10'321.362
November 2012
City of Dubuque
OFFENSES (cont.)
Procedure For Enforcement 7'5C-4
Service Of Notice 7'5C'6
Specified Crime Property Prohibited 7'5C'2
Drug Paraphernalia
Drug Paraphernalia Defined 7-5B-1
Prohibited Acts 7-5B-2
Sniffing Glue Or Other Chemical Substances 7-5B-4
Under The Influence Of Controlled Substance 7-5B-3
General Offenses
Advertising Materials; Billposting; Littering 7-5A-5
Aggressive Panhandling Prohibited 7-5A-17
Criminal Mischief 7-5A-12
Defacing Notices 7-5/\'6
Disorderly Conduct 7-5A-1
False And Fraudulent Reports 7-5A-3
Faise Representation Of Records Or Processes 7-5A-4
Hunflng And Target Practice Permitted 7-5A-16
Loitering For Iliegal 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 Belis Or Gongs 7-5A-8
Tobacco Products To Underage Persons 7-5A-15
Unauthorized Computer Access 7-5A'11
Underage Persons Entering Gambling Facilities 7-5A-14
Weapons, Firearms And Fireworks 7-5A'18
Parental Responsibility
Definitions 7-5D-1
Penalties 7-5D-4
Reasonable Control Over Minor 7-5D-2
Violation 7-5D-3
Social Host Responsibility
Affirmative Defense 7-5E-6
Definitions 7-5E-2
Enforcement 7-5E-9
Evidence Of Possession And Consumption 7-5E-7
Exemption 7-5E-5
Penalties 7-5E-8
Prohibited Acts 7-5E-4
Purpose 7-5E-1
Severability 7-5E-10
Social Host Duties 7-5E-3
OFFICE ZONING DISTRICTS 10-5-7, 16-5-8, 16'5'9
OFFICERS AND EMPLOYEES, CITY
Bonds Of Officers And Employees 1-7-1
November 2012
City of Dubuque
-0- -P-
OFFICERS AND EMPLOYEES, CITY (cont)
City Clerk And Assistant City Clerk 1-7-5
City Manager 1-7-4
Deposits Of City Funds 1-7-2
Finance Director -City Treasurer 1-7-7
Offenses Relating To Officers And Employees 7-5A-2
Transfer Of Records And Property To Successor 1-7-3
OPEN VIDEO SYSTEMS (See Also CABLE RIGHT OF WAY
REGULATIONS) 11-2B
ORDINANCES AND RESOLUTIONS
Effect Of Repeal Of Ordinance 1-6A-2
Ordinances, Resolutions And Motions 1-6A-12
P
PARADES AND ASSEMBLIES
Events On Private Property; Permit Requirements 10-4-3
Parade, Assembly, Valet Drop Off Parking, Permit
Requirements 10-4-1
Unlawful Assembly 10-4-2
PARKING REGULATIONS 9-14-321.600 — 9-14-321.744
PARKS AND RECREATION
Administration
Park And Recreation Advisory Commission 10-5A-2
Park Rangers 10-5A-1
Specific Parks
Specific Park Areas Described 10-5C-1
Use Regulations
Climbing On Fences, Roofs 10-5B-13
Compliance With Motor Vehicle Laws, Ordinances 10-5B-20
Definitions 10-5B-1
Dogs, Cats And Other Domestic Animals 10-5B-4
Fires 10-5B-17
Horsedrawn Vehicles, Riding Of Animals Restricted 10-5B-3
Interfering With Animals 10-5B-7
Intoxicating Beverages 10-5B-2
Loosening Stones From Bluffs Prohibited 10-5B-18
Meetings And Gatherings 10-5B-16
Moving Benches And Tables 10-5B-14
Obstructions 10-5B-9
Open Season And Hours Generally 10-5B-22
Possession Of Firearms, Weapons And Fireworks 10-5B-12
Posting Bills, Notices Or Signs 10-5B-10
Removal Of Unattended Vehicles Left After Closing
Hours 10-5B-21
November 2012
City of Dubuque
-P- -P-
PROCEDURE FOR LICENSING ELECTRIC TRANSMISSION
LINE COMPANIES (cont)
Petition 11-6-4
Petition For License; Informational Meetings Held 11-6-3
Public Hearing 11-6-5
Wires Across Railroad Right Of Way At Highways 11-6-9
PROPERTY TAX
Partial Exemption From Property Taxation 3-1-1
PUBLIC UTILITIES
Gas Main Connections
City Authority To Make Connection 13-3-3
City Authority To Require 13-3-1
Notice To Owners 13-3-2
Time Limit For Completion 13-3-4
Illicit Connections And Discharges To Storm Sewer System
Appeal Of Notice Of Violation 13-5-14
Applicability 13-5-2
Cost Of Abatement Of Violation 13-5-16
Definitions 13-5-1
Discharge Prohibitions 13-5-6
Enforcement 13-5-13
Enforcement Measures After Appeal 13-5-15
Industrial Or Construction Activity Discharges 13-5-8
Injunctive Relief 13-5-17
Monitoring Of Discharges 13-5-9
Notification Of Spills 13-5-12
Prevent, Control And Reduce Pollutants By Use Of
BMPs 13-5-10
Remedies Not Exclusive 13-5-19
Responsibility For Administration 13-5-3
Severability 13-5-4
Suspension Of MS4 Access 13-5-7
Ultimate Responsibility 13-5-5
Violations Deemed Public Nuisance 13-5-18
Watercourse Protection 13-5-11
Sewers And Sewage Disposal 13-2
Discharge Regulations 13-2A
Industrial Pretreatment Program 13-2D
Private Disposal Systems; Private Haulers 13-2B
Rates 13-2C
Solid Waste 13-6
City Or Private Collection Service 13-6A
Stormwater Management 13-4
Water Use And Service 13-1
Connections 13-1A
Cross Connection Control 13-1D
April 2013
City of Dubuque
-P- -R-
PUBLIC UTILITIES (cont.)
Rates 13-1C
Water Meters 13-1B
PUBLIC WAYS AND PROPERTY
Boats, Boating And Waterfront Structures 10-7
Encroachments On Public Places 10-3
Mailboxes 10-3F
Newsracks 10-3B
Other Encroachments 10-3D
Projecting Signs 10-3C
Sidewalk Cafes 10-3E
Waste Collection Receptacles 10-3A
Excavations 10-2
Parades And Assemblies 10-4
Parks And Recreation 10-5
Administration 10-5A
Specific Parks 10-5C
Use Regulations 10-5B
Railroads 10-6
Streets, Sidewalks And Other Public Places 10-1
O
R
RABIES CONTROL (See Also ANIMAL CONTROL)
RAILROADS
Maintenance Of Crossings, Rights Of Way
7-6C
10-6-3
Parking Near Certain Streets Prohibited 10-6-5
Speed Restrictions 10-6-1
Unlawful Deposits 10-6-2
Use Of Certain Track As Team Track Restricted 10-6-4
RECKLESS DRIVING 9-7-321.277
RESIDENTIAL CODE
International Residential Code Adopted 14-1B-1
International Residential Code Amendments 14-1 B-2
RESIDENTIAL RELOCATION ASSISTANCE PROGRAM (See
Also ECONOMIC DEVELOPMENT) 3-4D
RESIDENTIAL ZONING DISTRICTS
RESOLUTIONS (See ORDINANCES AND RESOLUTIONS)
April 2013
City of Dubuque
16-5-2 — 16-5-6