Supplement No. 06 - Code of Ordinances - November 2011STERLING CODIFIERS
3906 Schreiber Way,
Coeur d'Alene ID 83815 ".
(208) 665-7193'
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Dubuque,
INSTRUCTION SHEET:'
REMOVE PAGE HEADED
Preface
DUBUQUE, Iowa
Supplement No. 6/November, 2011
Includes Ordinances: 37-11,43-11, 46-11 and 47-11
TITLE 1:
1-8-1,'Chapter' 8, Elections, Precincts'.
and following six 'pages
TITLE 6:.
6-6-1; Chapter 6, Housing .Regulations
6-6-11,".6-6-11: Habitual Violator
INSERT NEW PAGE HEADED
VOLUME`I
VOLUME II
TITLE 1.4:
14-1 D-2, Residential installation mean's an
14-1 D-2, equipment for light,;heat, power
14-1p-2, "83-6. Reexam:ination
and following two pages
TITLE 16:
16-6, Chapter'6, Overlay Districts
16 6 3 2, F". Area Y: All land west of L
and following nine. pages
INDEX:
-D-, Dangerous Animals -''
Preface
1-8-1, Chapter 8, Elections, Precincts
and following six pages.
6-6-1.,'Chapter.6, Housing Regulations"
6-6-11, 6-6-11 Priority Category
14-1 D-2, Residential installation"' means_ an
14-1D-2, equipment for light,, heat, power
14-1D-2, 83-6. Reexamination
and following page
16-6, ;Chapter 6, Overlay Districts
ocust 16-6-3-2, F. Area Y: All land west of Locust
and following thirteen pages
-H-, Hotel And Motel Tax
-U-, Unified Development Code; AG Agriculture "
-D-, Dangerous Animals
and .following page
H-, Hotel And Motel Tax
U-, Unified Development Code, AG
Agriculture
PREFACE
This city code of the city of Dubuque, as supple-
mented, contains ordinances up to and including
ordinance 35-11, passed June 27, 2011. 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code has been amended, superseded or repealed.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
August 2011
City of Dubuque
1-8-1 1-8-1
CHAPTER 8
ELECTIONS, PRECINCTS AND WARDS
SECTION:
1-8-1: Definitions And Rules Of Construction
1-8-2: Correction Of Errors
1-8-3: Precincts
1-8-4: Wards
1-8-1: DEFINITIONS AND RULES OF CONSTRUCTION: For the
purposes of this chapter, unless the context otherwise
requires, the following definitions and rules of construction shall be applied:
Points of the compass are approximate unless otherwise stated.
All names, boundaries, lines, features and fixtures are to be construed as
they existed on the effective date of this chapter.
ANNEXED
TERRITORY:
Territory annexed to the city after the effective
date hereof.
CITY: Includes all territory within the corporate limits
and all annexed territories.
COMMISSIONER OF The county auditor of Dubuque County.
ELECTIONS:
CORPORATE LIMITS: The corporate limits of the city on the effective
date of this chapter.
PEOSTA CHANNEL:
The waterway between the major portions of the
city of Dubuque and the island known as
Chaplain Schmitt Island.
STREET (Or Similar The centerline of the right of way, and a straight
Language): extension of that centerline. (2007 Code § 17-1)
City of Dubuque
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1-8-2: CORRECTION OF ERRORS:
A. Correction Of Errors: If this chapter fails to place any part of the city
within a precinct or ward established by this chapter, the commis-
sioner of elections shall assign the omitted area to an adjacent
precinct or ward within the same legislative district. If this chapter
places any part of the city in more than one precinct or ward
established by this chapter, the commissioner of elections shall
assign that territory to an adjacent precinct or ward within the proper
legislative district. The commissioner of elections may also correct
obvious clerical errors in this chapter.
B. Annexation Of Territory: When territory is annexed to the city, the
city council may attach all or any part of the annexed territory to any
established precinct or precincts, which are contiguous to the
annexed territory; however, this subsection shall not prohibit
establishment of one or more new precincts in the annexed territory.
(2007 Code § 17-2)
1-8-3: PRECINCTS: The city hereby is divided into twenty one (21)
precincts as described in this section. (2007 Code § 17-16)
First Precinct: The first precinct is that portion of the city of Dubuque
and Dubuque County bounded by a line commencing at the point
that U.S. Highway 52 South intersects the boundary of the city of
Dubuque, then proceeding southerly, westerly and northwesterly
along the boundary of the city of Dubuque until it intersects North
Cascade Road, then proceeding northeasterly along North Cascade
Road until it intersects Fremont Avenue, then proceeding
northeasterly along Fremont Avenue until it intersects the Middle
Fork of Catfish Creek, then proceeding southeasterly along the
Middle Fork of Catfish Creek until it intersects the boundary of the
city of Dubuque, and then proceeding easterly along the boundary of
the city of Dubuque until it intersects the boundary of Mosalem
Township, then proceeding southerly along the boundary of Mosalem
Township to its point of origin at the intersection of the boundary of
the city of Dubuque and U.S. Highway 52 South. (2007 Code
§ 17-17)
Second Precinct: The second precinct is that portion of the city of
Dubuque commencing at the point that the South Fork of Catfish
Creek intersects Rockdale Road, then proceeding northwesterly then
southwesterly along the boundary of precinct 1 until it intersects the
boundary of the city of Dubuque, then proceeding northwesterly
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along the boundary of the city of Dubuque until it intersects
Nightengale Lane, then proceeding northeasterly along Nightengale
Lane until it intersects Cedar Cross Road, then proceeding northerly
along Cedar Cross Road until it intersects Dodge Street, then
proceeding easterly along Dodge Street until it intersects Concord
Street Extension, then proceeding northerly along Concord Street
Extension until it intersects St. Joseph's Street, then proceeding
westerly along St. Joseph's Street until it intersects Gandolfo Street,
then proceeding northerly along Gandolfo Street until it intersects
Lombard Street, then proceeding southeasterly along Lombard
Street until it intersects Dodge Street, then proceeding easterly along
Dodge Street until it intersects the boundary of ward 4, then
proceeding southerly along the boundary of ward 4 to its point of
origin at the intersection of Rockdale Road and the South Fork of
Catfish Creek. (2007 Code § 17-18)
Third Precinct: The third precinct is that portion of the city of
Dubuque bounded by a line commencing at the point that Dodge
Street intersects Grandview Avenue, then proceeding westerly along
the boundary of precinct 2 until it intersects Cedar Cross Road, then
proceeding southerly along Cedar Cross Road until it intersects
Center Grove Drive, then proceeding westerly along Center Grove
Drive until it intersects Wacker Drive, then proceeding northerly
along Wacker Drive until it intersects John F. Kennedy Road, then
proceeding northerly along John F. Kennedy Road until it intersects
Carter Road, then proceeding easterly and northeasterly along
Carter Road until it intersects the boundary of ward 2, then
proceeding easterly along the boundary of ward 2 until it intersects
Grandview Avenue, then proceeding southerly along Grandview
Avenue to its point of origin at the intersection of Grandview Avenue
and Dodge Street. (2007 Code § 17-19)
Fourth Precinct: The fourth precinct is that portion of the city of
Dubuque bounded by a line commencing at the point that
Nightengale Lane intersects the boundary of precinct 2, then
proceeding northerly along the boundary of precinct 2 until it
intersects the boundary of precinct 3, then proceeding westerly,
northerly and easterly along the boundary of precinct 3 until it
intersects the boundary of ward 2, then proceeding westerly along
the boundary of ward 2 until it intersects Key Largo Drive, then
proceeding southerly along Key Largo Drive until it intersects
Keymeer Drive, then proceeding easterly along Keymeer Drive until
it intersects Keyway Drive, then proceeding southerly along Keyway
Drive until it intersects Keystone Drive, then proceeding westerly
along Keystone Drive until it intersects Vizaleea Drive, then
City of Dubuque
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proceeding southerly along Vizaleea Drive until it intersects
Pennsylvania Avenue, then proceeding westerly along Pennsylvania
Avenue until it intersects Northwest Arterial, then proceeding
southerly along the Northwest Arterial until it intersects Dodge
Street, then proceeding 500 feet westerly along Dodge Street until it
intersects a fence line, then proceeding due south along the fence
line until it intersects the boundary of the city of Dubuque, then
proceeding easterly along the boundary of the city of Dubuque to its
point of origin at the intersection of Nightengale Lane and the
boundary of precinct 2. (2007 Code § 17-20)
Fifth Precinct: The fifth precinct is that portion of the city of Dubuque
and Dubuque County bounded by a line commencing at the point
that English Mill Road intersects the southern boundary of Dubuque
Township, then proceeding westerly along the southern boundary of
Dubuque Township until it intersects the boundary of the city of
Dubuque, then proceeding southwesterly then northerly along the
boundary of the city of Dubuque until it intersects Seippel Road, then
proceeding northerly along Seippel Road until it intersects Middle
Road, then proceeding easterly along Middle Road until it intersects
the boundary of the city of Asbury, then proceeding northerly and
southeasterly along the boundary of the city of Asbury until it
intersects Middle Road, then proceeding easterly along Middle Road
until it intersects the boundary of the city of Dubuque, then
proceeding northeasterly along the boundary of the city of Dubuque
until it intersects Asbury Road, then proceeding easterly along
Asbury Road until it intersects the boundary of ward 2, then
proceeding southeasterly along the boundary of ward 2 until it
intersects the boundary of precinct 4, then proceeding southwesterly
along the boundary of precinct 4 until it intersects the boundary of
the city of Dubuque, then proceeding easterly along the boundary of
the city of Dubuque until it intersects the southern boundary of
Dubuque Township then proceeding westerly along the southern
boundary of Dubuque Township to its point of origin at the
intersection of English Mill Road and the boundary of Dubuque
Township. (2007 Code § 17-21)
Sixth Precinct: The sixth precinct is that portion of the city of
Dubuque and Dubuque County bounded by a line commencing at the
point that Asbury Road intersects the boundary of the city of
Dubuque then proceeding westerly along Asbury Road until it
intersects the boundary of the city of Asbury, then proceeding
northwesterly then westerly along the boundary of the city of Asbury
until it intersects the boundary of Center Township, then proceeding
northerly along the boundary of Center Township until it intersects
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Derby Grange Road, then proceeding easterly along Derby Grange
Road until it intersects John F. Kennedy Road, then proceeding
southeasterly along John F. Kennedy Road until it intersects Sunset
Park Circle, then proceeding southwesterly along Sunset Park Circle
until it intersects Meggan Street, then proceeding westerly along
Meggan Street until it intersects Bonson Road, then proceeding
southerly along Bonson Road until it intersects Asbury Road, then
proceeding southeasterly along Asbury Road until it intersects John
F. Kennedy Road, then proceeding southerly along John F. Kennedy
Road until it intersects the boundary of precinct 4, then proceeding
westerly along the boundary of precinct 4 until it intersects the
boundary of precinct 5, then proceeding northwesterly along the
boundary of precinct 5 to its point of origin at the intersection of
Asbury Road and the boundary of the city of Dubuque. (2007 Code
§ 17-22)
Seventh Precinct: The seventh precinct is that portion of the city of
Dubuque bounded by a line commencing at the point that Carter
Road intersects Kaufmann Avenue, then proceeding westerly along
Kaufmann Avenue until it intersects the boundary of precinct 6, then
proceeding northerly along the boundary of precinct 6 until it
intersects the boundary of ward 3, then proceeding easterly along
the boundary of ward 3 until it intersects Carter Road, then
proceeding southerly along Carter Road to its point of origin at the
intersection of Carter Road and Kaufmann Avenue. (2007 Code
§ 17-23)
Eighth Precinct: The eighth precinct is described as that portion of
the city of Dubuque bounded by a line commencing at the point that
Wilbricht Lane intersects Asbury Road, then proceeding
northwesterly along Asbury Road until it intersects Chaney Road,
then proceeding northerly along Chaney Road until it intersects
Kaufmann Avenue, then proceeding westerly along Kaufmann
Avenue until it intersects the boundary of precinct 6, then proceeding
southerly along the boundary of precinct 6 until it intersects the
boundary of precinct 4, then proceeding easterly along the boundary
of precinct 4 until it intersects the boundary of precinct 3, then
proceeding easterly along the boundary of precinct 3 to its point of
origin at the intersection of Wilbricht Lane and Asbury Road. (2007
Code § 17-24)
Ninth Precinct: The ninth precinct is that portion of the city of
Dubuque bounded by a line commencing at the point that Asbury
Road intersects Clarke Drive, then proceeding northeasterly along
the boundary of precinct 8 until it intersects the boundary of precinct
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7, then proceeding northerly along the boundary of precinct 7 until it
intersects the boundary of ward 3, then proceeding southeasterly
along the boundary of ward 3 until it intersects the boundary of ward
4, then proceeding southerly along the boundary of ward 4 until it
intersects Clarke Drive, then proceeding westerly along Clarke Drive
until it intersects Ungs Street, then proceeding westerly along Ungs
Street until it intersects Grandview Avenue, then proceeding
southerly along Grandview Avenue until it intersects Sunnyview
Drive, then proceeding westerly along Sunnyview Drive until it
intersects Bunker Hill Road, then proceeding southerly along Bunker
Hill Road until it intersects Clarke Drive, then proceeding westerly
along Clarke Drive to its point of origin at the intersection of Asbury
Road and Clarke Drive. (2007 Code § 17-25)
Tenth Precinct: The tenth precinct is that portion of the city of
Dubuque bounded by a line commencing at the point that Foye
Street intersects Clarke Drive, then proceeding westerly along Clarke
Drive until it intersects the boundary of precinct 9, then proceeding
westerly along the boundary of precinct 9 until it intersects the
boundary of precinct 8, then proceeding southerly along the
boundary of precinct 8 until it intersects the boundary of precinct 3,
then proceeding southeasterly along the boundary of precinct 3 until
it intersects Rosedale Avenue, then proceeding easterly along
Rosedale Avenue until it intersects Grandview Avenue, then
proceeding easterly then southerly along Grandview Avenue until it
intersects Loras Boulevard, then proceeding easterly along Loras
Boulevard until it intersects the boundary of ward 4, then proceeding
easterly then northerly along the boundary of ward 4 to its point of
origin at the intersection of Foye Street and Clarke Drive. (2007
Code § 17-26)
Eleventh Precinct: The eleventh precinct is that portion of the city of
Dubuque bounded by a line commencing at the point that Loras
Boulevard intersects Wood Street, then proceeding northerly then
westerly along the boundary of precinct 10 until it intersects the
boundary of precinct 3, then proceeding southeasterly along the
boundary of precinct 3 until it intersects the boundary of ward 4, then
proceeding northerly along the boundary of ward 4 to its point of
origin at the intersection of Loras Boulevard and Wood Street. (2007
Code § 17-27)
Twelfth Precinct: The twelfth precinct is that portion of the city of
Dubuque bounded by a line commencing at the point that Central
Avenue intersects West 23rd Street, then proceeding westerly along
the boundary of ward 4 until it intersects the boundary of ward 2,
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then proceeding northwesterly along the boundary of ward 2 until it
intersects the boundary of the city of Dubuque, then proceeding
northerly and easterly along the boundary of the city of Dubuque
until it intersects the abandoned Great Western Railroad right of
way, then proceeding southeasterly along the abandoned Great
Western Railroad right of way until it intersects 30th Street, then
proceeding southwesterly along 30th Street until it intersects Central
Avenue, then proceeding southeasterly along Central Avenue to its
point of origin at the intersection of Central Avenue and West 23rd
Street. (2007 Code § 17-28)
Thirteenth Precinct: The thirteenth precinct is that portion of the city
of Dubuque and Dubuque County bounded by a line commencing at
the point that Louella Lane intersects the abandoned Great Western
Railway right of way, then proceeding northerly along the abandoned
Great Western Railway right of way until it intersects the boundary of
the city of Dubuque, then proceeding northerly, easterly and
southerly along the boundary of the city of Dubuque until it intersects
the boundary of Peru Township, then proceeding easterly along the
boundary of Peru Township until it intersects the boundary of the
state of Wisconsin, then proceeding southerly along the boundary of
the state of Wisconsin until it intersects the boundary of the city of
Dubuque, then proceeding westerly then northwesterly along the
boundary of the city of Dubuque until it intersects McDonald Point
Road, then proceeding southerly, westerly then southerly along
McDonald Point Road until it intersects Roosevelt Road, then
proceeding southeasterly along Roosevelt Road until it intersects
Prescott Street, then proceeding southerly along Prescott Street until
it intersects Ascension Street, then proceeding northwesterly along
Ascension Street until it intersects Thomas Place, then proceeding
southwesterly along Thomas Place until it intersects Eagle Street,
then proceeding northwesterly along Eagle Street until it intersects
Viola Street, then proceeding southerly along Viola Street until it
intersects Pleasant Street, then proceeding westerly along Pleasant
Street until it intersects Stafford Street, then proceeding northerly
along Stafford Street until it intersects Hennepin Street, then
proceeding westerly along Hennepin Street until it intersects Brecht
Lane, then proceeding westerly along Brecht Lane until it intersects
Windsor Avenue, then proceeding northerly along Windsor Avenue
until it intersects Davis Street, then proceeding westerly along Davis
Street until it intersects Sheridan Road, then proceeding
northwesterly along Sheridan Road until it intersects Peru Road,
then proceeding southwesterly along Peru Road until it intersects
Louella Lane, then proceeding southwesterly along Louella Lane to
its point of origin at the intersection of Louella Lane and the
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abandoned Great Western Railroad right of way. (2007 Code
§ 17-29)
Fourteenth Precinct: The fourteenth precinct is that portion of the city
of Dubuque bounded by a line commencing at the point that 24th
Street intersects Central Avenue, then proceeding northwesterly
along the boundary of precinct 12 until it intersects the boundary of
precinct 13, then proceeding easterly along the boundary of precinct
13 until it intersects Lawther Street, then proceeding southwesterly
along Lawther Street until it intersects Balke Street, then proceeding
southeasterly along Balke Street until it intersects Strauss Street,
then proceeding southwesterly along Strauss Street until it intersects
Brunswick Street, then proceeding southeasterly along Brunswick
Street until it intersects Queen Street, then proceeding southerly
along Queen Street until it intersects Clinton Street, then proceeding
westerly along Clinton Street until it intersects Marquette Place, then
proceeding southerly along Marquette Place until it intersects Queen
Street, then proceeding southerly along Queen Street until it
intersects 24th Street, then proceeding westerly along 24th Street to
its point of origin at the intersection of 24th Street and Central
Avenue. (2007 Code § 17-30)
Fifteenth Precinct: The fifteenth precinct is that portion of the city of
Dubuque bounded by a line commencing at the point that 24th Street
intersects Central Avenue then proceeding northeasterly and
northerly along the boundary of precinct 14 to the boundary of
precinct 13, then proceeding southeasterly along the boundary of
precinct 13 until it intersects Thomas Place, then proceeding
southerly along Thomas Place until it intersects Farley Street, then
proceeding southeasterly along Farley Street until it intersects High
Bluff Street, then proceeding southerly along High Bluff Street until it
intersects Stafford Street, then proceeding southeasterly along
Stafford Street until it intersects the boundary of ward 4, then
proceeding southwesterly then northwesterly along the boundary of
ward 4 until it intersects the boundary of precinct 12, then
proceeding northerly along the boundary of precinct 12 to its point of
origin at the intersection of 24th Street and Central Avenue. (2007
Code § 17-31)
Sixteenth Precinct: The sixteenth precinct is that portion of the city of
Dubuque bounded by a line commencing at the point that Stafford
Street Extension intersects the I&M Rail Link right of way, then
proceeding northwesterly then northeasterly along the boundary of
precinct 15 until it intersects the boundary of precinct 13, then
proceeding northeasterly along the boundary of precinct 13 until it
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intersects the boundary of the city of Dubuque, then proceeding
southerly along the boundary of the city of Dubuque until it intersects
the boundary of ward 4, then proceeding southwesterly along the
boundary of ward 4 to its point of origin at the intersection of Stafford
Street Extension and the I&M Rail Link right of way. (2007 Code
§ 17-32)
Seventeenth Precinct: The seventeenth precinct is that portion of the
city of Dubuque bounded by a line commencing at the point that 16th
Street intersects Kerper Boulevard, then proceeding northerly and
southwesterly along the boundary of precinct 16, until it intersects
the boundary of precinct 15, then proceeding southwesterly along
the boundary of precinct 15 until it intersects Central Avenue, then
proceeding southerly along Central Avenue until it intersects 11th
Street, then proceeding southwesterly along 11th Street until it
intersects Main Street, then proceeding southeasterly along Main
Street until it intersects 10th Street, then proceeding southwesterly
along 10th Street until it intersects Bluff Street, then proceeding
southerly along Bluff Street until it intersects Jones Street, then
proceeding easterly along Jones Street until it intersects Terminal
Street, then proceeding southerly along Terminal Street until it
intersects U.S. Highway 20, then proceeding easterly along U.S.
Highway 20 until it intersects the boundary of the city of Dubuque,
then proceeding northerly along the boundary of the city of Dubuque
until it intersects the boundary of precinct 16, then proceeding
southwesterly along the boundary of precinct 16 to its point of origin
at the intersection of 16th Street and Kerper Boulevard. (2007 Code
§ 17-33)
Eighteenth Precinct: The eighteenth precinct is that portion of the
city of Dubuque bounded by a line commencing at the point that East
22nd Street intersects Central Avenue, then proceeding northerly
along the boundary of precinct 15 until it intersects the boundary of
precinct 12, then proceeding westerly along the boundary of precinct
12 until it intersects the boundary of precinct 9, then proceeding
southerly along the boundary of precinct 9 until it intersects the
boundary of precinct 10, then proceeding easterly then southerly
along the boundary of precinct 10 until it intersects Loras Boulevard,
then proceeding easterly along Loras Boulevard until it intersects
Bluff Street, then proceeding southerly along Bluff Street until it
intersects 11th Street, then proceeding easterly along 11th Street
until it intersects Locust Street, then proceeding southerly along
Locust Street until it intersects the boundary of precinct 17, then
proceeding northerly along the boundary of precinct 17 to its point of
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origin at the intersection of East 22nd Street and Central Avenue.
(2007 Code § 17-34)
Nineteenth Precinct: The nineteenth precinct is that portion of the
city of Dubuque bounded by a line commencing at the point that
Emmett Street intersects Bluff Street, then proceeding northerly
along the boundary of precinct 17 until it intersects the boundary of
precinct 18, then proceeding westerly along the boundary of precinct
18 until it intersects Cox Street, then proceeding southerly along Cox
Street until it intersects Chestnut Street, then proceeding
northeasterly along Chestnut Street until it intersects Walnut Street,
then proceeding southerly along Walnut Street until it intersects
Rose Street, then proceeding southwesterly along Rose Street until it
intersects Race Street, then proceeding southeasterly along Race
Street until it intersects West 11th Street, then proceeding
southwesterly along West 11th Street until it intersects Wilson Street,
then proceeding southeasterly along Wilson Street until it intersects
University Avenue, then proceeding southwesterly along University
Avenue until it intersects Yale Court, then proceeding southerly
along Yale Court until it intersects Oxford Street, then proceeding
westerly along Oxford Street until it intersects Harvard Street, then
proceeding southerly along Harvard Street until it intersects Alta
Vista Street, then proceeding southeasterly along Alta Vista Street
until it intersects West 5th Street, then proceeding easterly along
West 5th Street until it intersects Winona Street then proceeding
southerly along Winona Street until it intersects West 3rd Street,
then proceeding easterly along West 3rd Street until it intersects Hill
Street, then proceeding southerly along Hill Street until it intersects
Wooten Street, then proceeding northeasterly along Wooten Street
until it intersects Mazzuchelli Street, then proceeding easterly along
Mazzuchelli Street until it intersects Cardiff Street, then proceeding
northerly along Cardiff Street until it intersects West 3rd Street, then
proceeding northeasterly along West 3rd Street until it intersects St.
Mary's Street, then proceeding southeasterly along St. Mary's Street
until it intersects Emmett Street, then proceeding northeasterly to its
point of origin at the intersection of Emmett Street and Bluff Street.
(2007 Code § 17-35)
Twentieth Precinct: The twentieth precinct is that portion of the city
of Dubuque bounded by a line commencing at the point that Loras
Boulevard intersects Wood Street, then proceeding northeasterly
along the boundary of precinct 10 until it intersects the boundary of
precinct 19, then proceeding southerly along the boundary of
precinct 19 to the intersection of Wooten Street and Hill Street, then
proceeding southerly along Hill Street until it intersects Dodge
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Street, then proceeding easterly along Dodge Street until it intersects
an extension of Burns Street, then proceeding southerly along Burns
Street and its extension until it intersects Cleveland Avenue, then
proceeding southwesterly along Cleveland Avenue until it intersects
Bryant Street, then proceeding southerly along Bryant Street until it
intersects Grandview Avenue, then proceeding southerly along
Grandview Avenue until it intersects the boundary of precinct 2, then
proceeding northwesterly along the boundary of precinct 2 until it
intersects the boundary of precinct 3, then proceeding northerly
along the boundary of precinct 3 until it intersects the boundary of
precinct 11, then proceeding easterly then northerly along the
boundary of precinct 11 to its point of origin at the intersection of
Wood Street and Loras Boulevard. (2007 Code § 17-36)
Twenty First Precinct: The twenty first precinct is that portion of the
city of Dubuque bounded by a line commencing at the point that U.S.
Highway 61/151 intersects the boundary of the city of Dubuque along
Catfish Creek, then proceeding northwesterly along the boundary of
ward 1 until it intersects the boundary of precinct 20, then
proceeding northerly along the boundary of precinct 20 until it
intersects the boundary of precinct 19, then proceeding easterly
along the boundary of precinct 19 until it intersects the boundary of
precinct 17, then proceeding easterly along the boundary of precinct
17 until it intersects the boundary of the city of Dubuque, then
proceeding southerly then westerly along the boundary of the city of
Dubuque to its point of origin at the intersection of U.S. Highway
61/151 and the boundary of the city of Dubuque. (2007 Code
§ 17-37)
1-8-4: WARDS: The city is hereby divided into four (4) wards as
described in this article. (2007 Code § 17-51)
First Ward: The first ward is that portion of the city of Dubuque
bounded by a line commencing at the point that the boundary of the
city of Dubuque intersects U.S. Highway 52 South, then proceeding
westerly along U.S. Highway 52 South until it intersects U.S.
Highway 61/151, then proceeding northerly along U.S. Highway
61/151 until it intersects Catfish Creek, then proceeding
southwesterly and then northwesterly along Catfish Creek until it
intersects Rockdale Road then proceeding northeasterly and
northerly along Rockdale Road until it intersects Southern Avenue,
then proceeding northerly along Southern Avenue until it intersects
Arrowhead Drive, then proceeding westerly and northerly along
Arrowhead Drive until it intersects Wallis Place, then proceeding
City of Dubuque
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easterly along Wallis Place until it intersects Indian Ridge, then
proceeding northerly along Indian Ridge until it intersects Grandview
Avenue and then proceeding northwesterly along Grandview Avenue
until it intersects Perry Street, then proceeding northwesterly along
Perry Street until it intersects Ryder Street and then proceeding
northeasterly along Ryder Street until it intersects Bradley Street,
then proceeding northwesterly along Bradley Street until it intersects
Whelan Street, then proceeding northeasterly along Whelan Street
until it intersects Grandview Avenue, then proceeding northwesterly
along Grandview Avenue until it intersects Hale Street, then
proceeding westerly along Hale Street until it intersects Algona
Street, then proceeding northerly along Algona Street until it
intersects Bennett Street, then proceeding westerly along Bennett
Street until it intersects McCormick Street, then proceeding northerly
along McCormick Street until it intersects Mineral Street, then
proceeding westerly along Mineral Street until it intersects O'Hagen
Street, then proceeding northerly along O'Hagen Street until it
intersects Pearl Street, then proceeding southwesterly along Pearl
Street until it intersects Finley Street, then proceeding northwesterly
along Finley Street until it intersects University Avenue, then
proceeding northeasterly along University Avenue until it intersects
Asbury Road, then proceeding northwesterly along Asbury Road until
it intersects Wilbricht Lane, then proceeding westerly along Wilbricht
Lane until it intersects Flora Park Road, then proceeding southerly
along Flora Park Road until it intersects Pennsylvania Avenue, then
proceeding westerly along Pennsylvania Avenue until it intersects
Churchill Drive, then proceeding northerly along Churchill Drive until
it intersects St. Anne Drive, then proceeding westerly along St. Anne
Drive until it intersects Carter Road, then proceeding northerly along
Carter Road until it intersects Hillcrest Road, then proceeding
westerly along Hillcrest Road until it intersects John F. Kennedy
Road, then proceeding northerly along John F. Kennedy Road until it
intersects Hillcrest Road and then proceeding westerly along
Hillcrest Road until it intersects Key Largo Drive, then proceeding
southerly along Key Largo Drive until it intersects Keymeer Drive,
then proceeding easterly along Keymeer Drive until it intersects Key
Way Drive, then proceeding southerly along Key Way Drive until it
intersects the North Fork of Catfish Creek, then proceeding westerly
along the North Fork of Catfish Creek until it intersects Winne Court,
then proceeds northerly along Winne Court until it intersects Hillcrest
Road, then proceeding easterly along Hillcrest Road until it
intersects the north branch of the North Fork of the Catfish Creek,
then proceeding northwesterly along the north branch of the North
Fork of Catfish Creek and the northwest branch of the North Fork of
Catfish Creek until it intersects Asbury Road, then proceeding
City of Dubuque
1-8-4 1-8-4
westerly along Asbury Road until it intersects the boundary of the
city of Dubuque, then proceeding southerly and easterly along the
boundary of the city of Dubuque to its point of origin at the
intersection of U.S. Highway 52 South. (2007 Code § 17-52)
Second Ward: The second ward is that portion of the city of
Dubuque commencing at the point that Hale Street intersects
Grandview Avenue, then proceeding westerly along the boundary of
ward 1 until it intersects the boundary of the city of Dubuque, then
proceeding northerly and easterly along the boundary of the city of
Dubuque until it intersects John F. Kennedy Road, then proceeding
southeasterly along John F. Kennedy Road until it intersects West
32nd Street, then proceeding easterly along West 32nd Street until it
intersects Blassen Drive, then proceeding northerly along Blassen
Drive until it intersects Brueck Road, then proceeding easterly along
Brueck Road until it intersects Tiffany Court, then proceeding
southerly along Tiffany Court until it intersects West 32nd Street,
then proceeding easterly along West 32nd Street until it intersects
Grandview Avenue, then proceeding southerly along Grandview
Avenue until it intersects Kaufmann Avenue, then proceeding
easterly along Kaufmann Avenue until it intersects Hempstead
Street, then proceeding southerly along Hempstead Street until it
intersects Montcrest Street, then proceeding westerly along
Montcrest Street until it intersects Abbott Street, then proceeding
southerly along Abbott Street until it intersects Lowell Street, then
proceeding easterly along Lowell Street until it intersects Harold
Street, then proceeding southerly along Harold Street until it
intersects Clarke Drive, then proceeding easterly along Clarke Drive
until it intersects Foye Street, then proceeding southerly along Foye
Street until it intersects West Locust Street, then proceeding westerly
along West Locust Street until it intersects Kirkwood Street, then
proceeding westerly along Kirkwood Street until it intersects Cox
Street, then proceeding southeasterly along Cox Street until it
intersects Loras Boulevard, then proceeding southwesterly along
Loras Boulevard until it intersects Wood Street, then proceeding
southerly along Wood Street until it intersects University Avenue,
then proceeding easterly along University Avenue until it intersects
Delhi Street, then proceeding southwesterly along Delhi Street until it
intersects West 5th Street, then proceeding easterly along West 5th
Street until it intersects College Street, then proceeding southerly
along College Street until it intersects West 3rd Street, then
proceeding westerly along West 3rd Street until it intersects
Grandview Avenue, then proceeding southerly along Grandview
Avenue to its point of origin at the intersection of Hale Street and
Grandview Avenue. (2007 Code § 17-53)
City of Dubuque
1-8-4 1-8-4
Third Ward: The third ward is that portion of the city of Dubuque
commencing at the point that Valeria Street intersects Kaufmann
Avenue, then proceeding northwesterly along the boundary of ward 2
until it intersects the boundary of the city of Dubuque, then
proceeding easterly, northerly then southerly along the boundary of
the city of Dubuque until it intersects the Peosta Channel Floodwall,
then proceeding southerly along the Peosta Channel Floodwall until
it intersects 16th Street, then proceeding westerly along 16th Street
until it intersects Kerper Boulevard, then proceeding northerly along
Kerper Boulevard until it intersects Fengler Street, then proceeding
northwesterly along Fengler Street until it intersects I&M Rail Link,
then proceeding southwesterly along the I&M Rail Link until it
intersects the extension of Stafford Street, then proceeding westerly
along the extension of Stafford Street until it intersects Garfield
Avenue, then proceeding southwesterly along Garfield Avenue until it
intersects East Twentieth Street, then proceeding southwesterly
along East Twentieth Street until it intersects Central Avenue, then
proceeding northwesterly along Central Avenue until it intersects
West 23rd Street, then proceeding southwesterly along West 23rd
Street until it intersects Valeria Street, then proceeding westerly
along Valeria Street to its point of origin at the intersection of Valeria
Street and Kaufmann Avenue. (2007 Code § 17-54)
Fourth Ward: The fourth ward is that portion of the city of Dubuque
commencing at the point that West 3rd Street intersects Grandview
Avenue, then proceeding southerly along the boundary of ward 1
until it intersects the boundary of the city of Dubuque, then
proceeding easterly and northerly along the boundary of the city of
Dubuque until it intersects the boundary of ward 3, then proceeding
westerly along the boundary of ward 3 until it intersects the boundary
of ward 2, then proceeding southerly along the boundary of ward 2 to
its point of origin at the intersection of Grandview Avenue and West
3rd Street. (2007 Code § 17-55)
City of Dubuque
6-6-1 6-6-1
SECTION:
6-6- 1:
6-6- 2:
6-6- 3:
6-6- 4:
6-6- 5:
6-6- 6:
6-6- 7:
6-6- 8:
6-6- 9:
6-6-10:
6-6-11:
6-6-12:
6-6-13:
CHAPTER 6
HOUSING REGULATIONS
Title; Legislative Findings; Purposes; Scope
Definitions
Enforcement
Notices And Orders
Enforcement Of Order Of City Manager
Performance Of Work To Repair Or Demolish; Other Costs
Licenses And Inspections
Housing Code Appeals Board
Procedure For Hearing Appeal
Housing Standards
Habitual Violator
Procedure For Hearing Appeal Of Priority Category Status
Inspection Of Properties Owned By Priority Category
6-6-1: TITLE; LEGISLATIVE FINDINGS; PURPOSES; SCOPE:
A. Short Title: This chapter shall be known as the CITY OF DUBUQUE
RESIDENTIAL HOUSING CODE, or the housing code; may be cited
as such, and will be referred to herein as "the housing code".
B. Legislative Findings And Purposes: It is hereby found that there
exists and may in the future exist in the city, real or personal
property used or intended to be used for residential purposes or
parts thereof which by reason of their structure, building service
equipment, sanitation facilities, maintenance, use or occupancy
affect or are likely to adversely affect human health, safety and
general welfare. To correct and prevent the existence of such
adverse conditions, and to achieve and maintain acceptable levels of
residential environmental quality and to protect and promote public
health, safety and general welfare, it is further found that the
establishment and enforcement of minimum residential housing
standards are required.
May 2011
City of Dubuque
6-6-1 6-6-2
C. Scope And Application: The provisions of this housing code shall
apply to all real or personal property or portions thereof designated,
used, or intended to be used, for human habitation. Real or personal
property in existence at the time of passage of this housing code
may have its construction, design, arrangement, use, and occupancy
continued if such was constructed in accordance with the code
applicable to the city at that time, provided they are not presently
likely to endanger the life, limb, health, or safety of the occupants or
owners, or the public in general.
D. Facilities Exempted From Housing Code Provisions: Residential
facilities periodically inspected by a duly authorized state govern-
ment agency shall be exempt from provisions of the housing code.
These facilities include hotels, motels, bed and breakfast inns,
hospitals, nursing homes and state licensed group residential facili-
ties. (2007 Code § 26-1)
6-6-2: DEFINITIONS:
A. Unit Definitions:
DUPLEX
DWELLING:
A structure containing two (2) dwelling units.
DWELLING Any group of rooms used or intended for use for
UNIT: human habitation and having full facilities for
private, human habitation, including living,
sleeping, cooking and private sanitation facili-
ties.
EFFICIENCY A dwelling unit having no fewer than two (2)
UNIT: rooms with living, sleeping and cooking facili-
ties, and with one room providing private sanita-
tion facilities.
MULTIPLE -
UNIT
DWELLING:
RENTAL
DWELLING
UNIT:
May 2011
A structure containing any combination of three
(3) or more dwelling or rooming units.
A dwelling unit that requires a payment, in
money or services, to be made to the owner for
the possession and use thereof.
City of Dubuque
6-6-11 6-6-11
6-6-11: HABITUAL VIOLATOR:
A. Priority Category: The city manager may designate a property owner,
manager, or licensed real estate professional a priority category for
purposes of the housing code if three (3) times within a period of
twelve (12) consecutive months the property owner, manager, or
licensed real estate professional:
1. Has a rental license suspended;
2. Has a rental license revoked;
3. Is noncompliant with housing code orders in excess of ninety (90)
days without either an extension of time or variance from the
housing code appeals board or good faith progress as determined by
the city manager;
4. Fails to perform a mandated criminal background check on a
tenant;
5. Receives a citation for a housing code violation;
6. Receives a citation for a violation of the international building
code, international residential code, international mechanical code,
international fuel gas code, international plumbing code, national
electric code, or any other codes adopted by the city of Dubuque; or
7. Receives a citation for a fire code violation.
B. Notice Of Priority Category Status: Whenever the city manager
designates a property owner, manager, or licensed real estate
professional to be a priority category under subsection A of this
section, the city manager must give notice of the designation to the
property owner, manager, or licensed real estate professional
responsible. Each notice must:
1. Be in writing;
2. Include a listing of the basis for designating the property owner,
manager, or licensed real estate professional a priority category;
3. Be served upon the property owner, manager, or licensed real
estate professional by delivering the same at the property owner,
manager, or licensed real estate professional's residence, office, or
place of business in person or by mailing by certified mail or regular
May 2011
City of Dubuque
6-6-11 6-6-12
mail to such address. All such mail must bear indicia requesting
return to sender or forwarding address if not deliverable as
addressed; and
4. Contain a statement that:
a. The property owner, manager, or licensed real estate
professional may appeal from the notice of the city manager to the
housing code appeals board;
b. An appeal must be made in writing and filed with the city
manager within fourteen (14) days from the date of service of the
designation notice; and
c. A failure to appeal will constitute a waiver of all rights to an
appeal.
5. This section may not be interpreted to prevent the enforcement
and imposition of fines and penalties for housing code violations.
(Ord. 6-11, 1-18-2011)
6-6-12: PROCEDURE FOR HEARING APPEAL OF PRIORITY CAT-
EGORY STATUS:
A. Notice of Appeal: A property owner, manager, or licensed real estate
professional designated a priority category by the city manager
under section 6-6-11 of this chapter may appeal to the housing code
appeals board for a reconsideration of such status, provided a notice
of appeal is filed with the board within fourteen (14) days of receipt
of the notice of the designation. The notice of appeal must include
the following:
1. Name and address of the appellant;
2. A brief statement in ordinary and concise language of any material
facts claimed to support the contentions of the appellant;
3. A brief statement in ordinary and concise language of the relief
sought, and the reasons why it is claimed the order appealed from
should be reversed; and
4. The signature of the appellant and the appellant's mailing
address.
May 2011
City of Dubuque
14-1D-2 14-1D-2
Residential installation means an installation intended for a
single-family or two-family residential dwelling or a
multi -family residential dwelling not larger than a four -family
dwelling.
Routine maintenance means the repair or replacement of
existing electrical apparatus or equipment of the same size
and type for which no changes in wiring are made.
State board means the electrical examining board created
under Iowa Code section 103.2.
80-4. Conflicting Provisions. Where, in any specific case, different
sections of this code specify different materials, methods of
construction, or other requirements, the most restrictive shall govern.
80-5. Alternate Materials And Methods Of Construction. The
provisions of this code are not intended to prevent the use of any
material or method of construction not specifically prescribed by this
code, provided any alternate has been approved and its use
authorized by the building official.
The building official may approve any alternate, provided it is found
that the proposed design is satisfactory and complies with the
provisions of this code and that the material, method, or work offered
is, for the purpose intended, at least the equivalent of that prescribed
in this code in suitability, strength, effectiveness, fire resistance,
durability, and safety.
The building official shall require that sufficient evidence or proof be
submitted to substantiate any claims regarding the use of alternates.
The details of any action granting approval of an alternate shall be
recorded and entered in the files of the code enforcement agency.
80-6. Modifications. Whenever there are practical difficulties involved
in carrying out the provisions of this code, the building official may
grant modifications for individual cases, provided it is found that a
special individual reason makes the strict letter of this code
impractical and the modification is in conformity with the intent and
purpose of this code, and that such modification does not lessen
health, life, and fire safety requirements. The details of actions
granting modifications shall be recorded and entered in the files of
the code enforcement agency.
City of Dubuque
14-1D-2 14-1D-2
80-7. Tests. Whenever there is insufficient evidence of compliance
with any of the provisions of this code or evidence that materials or
construction do not conform to the requirements of this code, the
building official may require tests as evidence of compliance to be
made at no expense to this jurisdiction.
Test methods shall be as specified by this code or by other
recognized test standards. In the absence of recognized and
accepted test methods for the proposed alternate, the building
official shall determine test procedures.
All tests shall be made by an approved agency. Reports of such
tests shall be retained by the building official for the period required
for the retention of public records.
Article 81.
81-1. Powers And Duties Of Building Official.
(a) General. The building official is hereby authorized and
directed to enforce all the provisions of this code. For such
purposes, the building official shall have the powers of a law
enforcement officer.
The building official shall have the power to render
interpretations of this code and to adopt and enforce rules
and regulations supplemental to this code as deemed
necessary in order to clarify the application of the provisions
of this code. Such interpretations, rules, and regulations shall
be in conformity with the intent and purpose of this code.
(b) Deputies. In accordance with prescribed procedures and
with the approval of the appointing authority, the building
official may appoint a chief electrical inspector and other
related technical officers and inspectors and other employees
as shall be authorized from time to time.
(c) Right Of Entry. Whenever necessary to make an inspec-
tion to enforce any of the provisions of this code, or whenever
the building official or authorized representative has
reasonable cause to believe that there exists in any building
or upon any premises any condition or code violation which
makes such buildings or premises unsafe, dangerous, or
hazardous, the building official or authorized representative
may enter such building or premises at all reasonable times
City of Dubuque
14-1D-2 14-1D-2
equipment for Tight, heat, power, and other purposes and who
is licensed by the state board.
Class B journeyman electrician means a person having the
necessary qualifications, training, experience, and technical
knowledge to wire for or install electrical wiring, apparatus,
and equipment who meets and is subject to the restrictions of
Iowa Code section 103.12 and who is licensed by the state
board.
Class B master electrician means a person having the
necessary qualifications, training, experience, and technical
knowledge to properly plan, lay out, install, service, and
supervise the installation of electrical wiring, apparatus, and
equipment who meets and is subject to the restrictions of
Iowa Code section 103.10 and who is licensed by the state
board.
Electrical contractor means a person affiliated with a
contracting firm or business who is licensed by the state of
Iowa electrical board and who is also registered with the Iowa
division of labor as a contractor.
Electrical equipment means all electrical materials, wiring,
conductors, fittings, devices, appliances, fixtures, signs, and
apparatus or parts thereof.
Electrical work means all installations, alterations, repairs,
removals, renewals, replacements, connections, disconnec-
tions, and maintenance of all electrical equipment except as
otherwise noted.
Homeowner means the owner of property that is the owner's
principal place of residence, if such residence is an existing
dwelling rather than new construction and is not larger than a
single family dwelling or farm property and shall qualify for the
homestead tax exemption.
Licensed means licensed under this article or Iowa Code
section 103.2, except as otherwise specified.
Maintenance electrician means a person who has the
necessary training, experience, and technical knowledge to
undertake the work of installing, servicing, maintaining,
altering, and repairing electrical devices, appliances, and
City of Dubuque
14-1D-2 14-1D-2
equipment within the stipulated confines of property owned or
controlled by the firm, business, or company by whom
employed. An electrical maintenance certificate of
competency may be issued to an individual and will entitle the
holder thereof to undertake the work of installing, servicing,
maintaining, altering, and repairing electrical devices,
appliances, and equipment only within the confines of the
property owned by such individual for use or application to
such property.
Master electrician/electrical contractor means a person having
the necessary qualifications, training, experience, and
technical knowledge to plan, lay out, install, service, and
supervise the installation of electrical wiring, electrical
equipment apparatus, electrical equipment for light, heat,
power, and other purposes, and to supervise apprentices, and
who is licensed by the electrical code board.
Registered, under this article, means a copy of the licensed
person's license and current contact information has been
provided to the city of Dubuque building services department
on forms provided by building services department, except as
otherwise specified.
Residential electrician means a person having the necessary
qualifications, training, experience, and technical knowledge
to wire for or install electrical wiring, apparatus, and
equipment who meets and is subject to the restrictions of
Iowa Code section 103.12 and who is licensed by the state
board.
Special electrician means a person having the necessary
qualifications, training, and experience in wiring or installing
special classes of electrical wiring, apparatus, equipment, or
installations which shall include irrigation system wiring,
disconnecting and reconnecting of existing air conditioning
and refrigeration, and sign installation, and who is licensed by
the state board.
Unclassified person means any person, other than an
apprentice electrician or other person licensed under this
chapter, who, as such person's principal occupation, is
engaged in learning and assisting in the installation,
alteration, and repair of electrical wiring, apparatus, and
equipment as an employee of a person licensed by the state
City of Dubuque
14-1D-2
14-1D-2
83-6. Reexamination. Should an applicant for registration under this
article fail to pass an examination by not obtaining a rating thereon
of seventy-five percent (75%) or higher, such applicant may be
reexamined upon submitting an application in writing accompanied
by the examination fee after a period of sixty (60) days has elapsed
from the date of the applicant's last previous examination.
83-7. Fees For Licenses. Before an electrical maintenance license is
granted to any applicant under this article and before an expiring
electrical license issued by the city of Dubuque is renewed, the
applicant shall pay to the city a fee as specified in table no. 13-B.
TABLE NO. 13-B
Electrical Examination, License Fees
1. Initial fee for electrical maintenance license
$120.00
2. Renewal fee for electrical maintenance license
60.00
3. Renewal fee for Dubuque licensed electrical
contractor
75.00
4. Renewal fee for Dubuque licensed journeyman
50.00
Examination fees are set by the testing agency.
(Ord. 17-09, 3-16-2009, eff. 5-1-2009)
83-8. Bonding. Any person, company, or firm desiring to engage in
the business of electrical contracting and obtain permits for the
purpose of performing electrical work within the city limits of
Dubuque under the scope of the city of Dubuque code of ordinances
or Iowa Code chapter on electricians and electrical contractors shall
execute a surety company bond in the sum of two thousand dollars
($2,000.00) conditioned that such person will hold the city harmless
from liability for damage because of any negligence in doing,
protecting, and completing the permitted work of such person,
company, or firm or employees of said person, company, or firm will
keep the work in good and perfect repair for the time stated in the
standard plans and specifications for such work, and shall be liable
on such bond to the city and property owner for any damage, Toss,
and expense caused by reason of such person, company, or firm's
failure to perform the work according to the standard specifications,
and for any breach of the bond, and on the prompt payment to the
city of any sums becoming due and owing to the city by reason of
City of Dubuque
14-1D-2 14-1D-2
the city of Dubuque code of ordinances during the life of said bond.
Said bond shall be kept in full force and effect for a period of one (1)
year after expiration, cancellation, or revocation of electrical
contractor license or ninety (90) days after the recorded completion
of all permitted electrical projects of this individual, company, or firm,
whichever occurs first. Such bond shall be subject to annual
approval by the city council.
(Ord. 17-09, 3-16-2009, eff. 5-1-2009)
83-9. Expiration Of Registration; Renewal; Failure To Renew.
(1) Each Dubuque license shall expire on December 31st
following the date of its issue and shall be renewed by the
Dubuque electrical code board upon application of the holder
of the license and payment of the required fees any time on
or before January 1st of each year.
Renewal of license shall not be granted to a holder of a
license while indebted to the city under the terms of this
article.
(2) If there is a lapse of over sixty (60) days from the
expiration of a license renewal, the renewal procedure shall
be the same as on an original application.
83-10. Suspension Of Permit Privilege For Multiple Violations. Where
a licensed electrical contractor is found doing electrical work without
an electrical permit on three (3) separate occasions in one (1) year,
a hearing shall be held by the building official at which time the
permit privileges of said electrical contractor may be suspended for a
period of time not to exceed one (1) year. The members of the
Dubuque electrical code board as established by article 81-3 shall be
present at such hearings and shall act as advisors to the building
official in determining what course of action should be taken.
83-12. Display Of License. Every holder of a state of Iowa or city of
Dubuque electrical license shall be able to produce their current
license when on the job site or when making application for an
electrical permit.
83-13. Transferability. No license may be loaned, rented, assigned,
or transferred. No holder of a valid license shall obtain a permit
under said license and then sub -contract, sell, or otherwise assign
the work covered by said permit to a person or firm who does not
have a valid license.
City of Dubuque
16-6 16-6
SECTION:
16-6-1:
16-6-1- 1:
16-6-1- 2:
16-6-1- 3:
16-6-2:
16-6-2- 1:
16-6-2- 2:
16-6-3:
16-6-3- 1:
16-6-3- 2:
16-6-3- 3:
16-6-4:
16-6-4- 1:
16-6-4- 2:
16-6-4- 3:
16-6-4- 4:
16-6-4- 5:
16-6-4- 6:
16-6-4- 7:
16-6-4- 8:
16-6-4- 9:
16-6-4-10:
16-6-4-11:
16-6-4-12:
16-6-4-13:
16-6-4-14:
16-6-5:
16-6-6:
16-6-6- 1:
16-6-6- 2:
16-6-6- 3:
16-6-6- 4:
CHAPTER 6
OVERLAY DISTRICTS
RROD Rural Residential Overlay District
Applicability
Establishment Of R-1 Single -Family Residential Zoning
District
Reclassification To Original Underlying Or Any Other
Zoning District
RHOD Restricted Height Overlay District
Applicability
Area Designations And Height Limitations
SOD Freeway 61/151 Corridor Signage Overlay District
Purpose
SOD Boundary
SOD Sign Regulations
Flood Hazard Overlay District
Purpose
Lands To Which Regulations Apply
Establishment Of Official Floodplain Zoning Map
Rules For Interpretation Of District Boundaries
Compliance
Abrogation And Greater Restrictions
Interpretation
Warning And Liability Disclaimer
Establishment Of Floodplain Overlay Districts
FW Floodway Overlay District
FF Floodway Fringe Overlay District
FP General Floodplain Overlay District
Floodplain Overlay District Administration
Zoning Board Of Adjustment Action Authorized
Airport Overlay District
OTN Old Town Neighborhood District Overlay
Purpose
OTN Boundary
OTN Design Guidelines
Applicability
City of Dubuque
16-6-1 16-6-2
16-6-1: RROD RURAL RESIDENTIAL OVERLAY DISTRICT: The
RROD rural residential overlay district is intended to
accommodate change and encourage development, to reduce obstacles to
desirable development, and to avoid the creation of nonconformities for
agricultural property. (Ord. 52-09, 10-19-2009)
16-6-1-1: APPLICABILITY: Areas designated as rural residential
overlay districts (RROD) shall be identified on the official
zoning map. The overlay zoning district designation supplements, but does
not replace the underlying AG agriculture zoning district except as
otherwise provided herein. (Ord. 52-09, 10-19-2009)
16-6-1-2: ESTABLISHMENT OF R-1 SINGLE-FAMILY RESIDENTIAL
ZONING DISTRICT: At the time of approval of an application
for an R-1 single-family residential subdivision the underlying AG agriculture
zoning classification on the subdivision shall automatically cease, and the
regulations of the R-1 single-family residential district shall apply. The city
planner shall remove the existing underlying AG agriculture zoning district
from the official zoning map at the next regular updating thereof, and
establish R-1 single-family residential district, as set forth in section 16-5-2
of this title, as the new zoning district for the property. (Ord. 52-09,
10-19-2009)
16-6-1-3: RECLASSIFICATION TO ORIGINAL UNDERLYING OR
ANY OTHER ZONING DISTRICT: Any person may request a
reclassification of property within this overlay district to the original
underlying zoning district or any other zoning district listed in section
16-5-1-4 of this title. The procedure for such a reclassification shall be that
established by section 16-9-5 of this title. The overlay district shall be
replaced by the new zoning district. (Ord. 52-09, 10-19-2009)
16-6-2: RHOD RESTRICTED HEIGHT OVERLAY DISTRICT: It is
recognized that in addition to height restrictions in other
sections of this title, certain areas shall need to be further restricted in
terms of height of structures or natural objects. Such restrictions are
necessary for emergency communication transmission and reception and
other legitimate public safety concerns. (Ord. 52-09, 10-19-2009)
City of Dubuque
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 Hes 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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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:
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. 52-09, 10-19-2009)
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. 52-09, 10-19-2009)
16-6-4-3: ESTABLISHMENT OF OFFICIAL FLOODPLAIN ZONING
MAP: The official floodplain zoning map, together with all
explanatory matter thereon and attached thereto, 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 division. The current flood
insurance study and flood insurance rate map (FIRM) for the city is
attached to and made a part of the official floodplain zoning map. (Ord.
52-09, 10-19-2009)
16-6-4-4: RULES FOR INTERPRETATION OF DISTRICT
BOUNDARIES: The boundaries of the zoning district shall be
determined 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 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. 52-09, 10-19-2009)
City of Dubuque
16-6-4-5 16-6-4-9
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. 52-09, 10-19-2009)
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. 52-09, 10-19-2009)
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. 52-09, 10-19-2009)
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. 52-09, 10-19-2009)
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
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16-6-4-9 16-6-4-10
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.
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 over-
lay district shall be those areas shown as being within the approxi-
mate 100 -year flood boundary on the official floodplain zoning map
and indicated on the FIRM maps as zone A. (Ord. 52-09,
10-19-2009)
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.
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.
City of Dubuque
16-6-4-10 16-6-4-10
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
enterprises.
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.
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. All uses within the floodway overlay district shall:
a. Be consistent with the need to minimize flood damage.
City of Dubuque
16-6-4-10 16-6-4-11
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 department of
natural resources.
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. 52-09, 10-19-2009)
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
City of Dubuque
16-6-4-11 16-6-4-11
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 department of natural resources. 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. New And Substantially Improved Structures:
a. 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. Designs for meeting
this requirement must be certified by a professional engineer
registered in the state of Iowa.
b. New and substantially improved structures must be
adequately anchored to prevent flotation, collapse, or lateral
movement of the structure resulting from hydrodynamic and
hydrostatic Toads, including the effects of buoyancy. Designs for
meeting this requirement must be certified by a professional
engineer registered in the state of Iowa.
c. 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. Designs for
meeting this requirement must be certified by a professional
engineer registered in the state of Iowa.
City of Dubuque
16-6-4-11 16-6-4-11
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.
Construction 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
indicating the specific elevation (in relation to national geodetic
vertical datum) 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.
City of Dubuque
16-6-4-11 16-6-4-11
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. Waste-
water 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
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 department of natural
resources.
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.
City of Dubuque
16-6-4-11 16-6-4-12
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 lots with a means of vehicular access that will remain dry
during occurrence of the 100 -year flood.
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.
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
requirements by a professional engineer registered in the state of
Iowa. (Ord. 52-09, 10-19-2009)
16-6-4-12: FP GENERAL FLOODPLAIN OVERLAY DISTRICT:
A. Permitted Uses: The following uses shall be permitted within the
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:
City of Dubuque
16-6-4-12 16-6-4-12
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.
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 board
of adjustment. All such uses shall be reviewed by the department of
natural resources 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 department of natural resources 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 department of natural resources 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 department of natural
resources shall meet the applicable standards of the floodway fringe
overlay district. (Ord. 52-09, 10-19-2009)
City of Dubuque
16-6-4-13 16-6-4-13
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.
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 national geodetic vertical
datum) 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
department of natural resources 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
pertaining to the administration of this title.
f. Submit to the federal insurance administrator an annual report
concerning the community's participation, utilizing the annual report
form supplied by the federal insurance administrator.
g. Notify the federal insurance administration of any annexations
or modifications to the community's boundaries as part of the annual
report.
City of Dubuque
16-6-4-13 16-6-4-13
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
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 (Le., 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 national geodetic vertical datum) 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 title.
h. Such other information as the administrator deems reasonably
necessary for the purpose of this title.
City of Dubuque
16-6-4-13 16-6-4-14
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
applicant 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
certification 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. 52-09, 10-19-2009)
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,
requirement, 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:
City of Dubuque
16-6-4-14 16-6-4-14
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
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 city
planner 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 department of natural resources.
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.
City of Dubuque
16-6-4-14 16-6-4-14
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.
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 department of natural resources 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
City of Dubuque
16-6-4-14 16-6-6-2
measures are consistent with the regulatory flood protection
elevation and associated flood factors for the particular area. (Ord.
52-09, 10-19-2009)
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)
City of Dubuque
16-6-6-3 16-6-6-4
16-6-6-3: OTN DESIGN GUIDELINES: OTN design guidelines enable
property owners to renovate, redevelop or expand their busi-
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)
City of Dubuque
-D- -E-
D
DANGEROUS ANIMALS (See Also ANIMAL CONTROL) 7-6D
DANGEROUS BUILDINGS
Appeal 14-3-6
Definitions 14-3-2
Enforcement 14-3-3
Enforcement Of Order Of Building Official Or Building Code
And Appeals Board 14-3-8
Notices And Orders Of Building Official 14-3-4
Performance Of Work Of Repair Or Demolition 14-3-9
Procedure For Conduct Of Hearing Appeals 14-3-7
Purpose And Scope 14-3-1
Recovery Of Cost Of Repair Or Demolition 14-3-10
Repair, Vacation And Demolition 14-3-5
DEFINITIONS, CITY CODE
Catchlines, Titles And Headings 1-3-2
Rules Of Construction 1-3-1
DISABILITY DISCRIMINATION (See Also HUMAN RIGHTS) 8-3-1
DOGS AND CATS (See Also ANIMAL CONTROL) 7-6B
DOOR TO DOOR SALES
Application For License; Bond 4-5-4
Definition 4-5-1
Display Of License 4-5-6
Exemptions 4-5-3
Issuance Of License; Fee 4-5-5
License Required 4-5-2
Suspension Or Revocation Of License 4-5-8
Transferability Of License 4-5-7
DRINKING IN PUBLIC PLACES 4-2A-6
DRUG PARAPHERNALIA (See Also OFFENSES) 7-5B
DUBUQUE CITY CODE
Altering Code 1-1-3
Amendments To Code; Effect Of New Ordinances 1-1-2
Definitions 1-3
General Penalty 1-4
How Code Designated And Cited 1-1-1
Saving Clause 1-2
E
ECONOMIC DEVELOPMENT
Enterprise Zone Commission
Commission Created 3-4B-1
Composition 3-4B-2
City of Dubuque
-E- -E-
ECONOMIC DEVELOPMENT (cont.)
Duties 3-4B-6
Organization 3-4B-4
Procedures For Operations 3-4B-5
Term; Filling Of Vacancies; Compensation 3-4B-3
Industrial Projects
Issuance Of Bonds; Investigation Fee 3-4A-1
Residential Relocation Assistance Program
Appeals 3-4D-8
Applicability Of Program 3-4D-4
Definitions 3-4D-3
Eligibility For Assistance 3-4D-5
Funding 3-4D-11
Procedure For Hearing Appeal 3-4D-9
Purpose 3-4D-2
Relocation Assistance 3-4D-7
Relocation Assistance Program Established 3-4D-1
Violation By Owner 3-4D-10
Written Notice Required 3-4D-6
Speculative Shell Buildings Of Community Development
Organizations And For Profit Entities
Application For Exemption By Property Owner 3-4C-3
Definitions 3-4C-1
Exemption Allowed 3-4C-2
ELECTIONS, PRECINCTS AND WARDS
Correction Of Errors 1-8-2
Definitions And Rules Of Construction 1-8-1
Precincts 1-8-3
Wards 1-8-4
ELECTRIC FRANCHISES
Interstate Power Company
Accessions To Franchise 11-5A-6
Acquisition At Expiration 11-5A-22
Adoption 11-5A-24
Company Rules 11-5A-13
Cure Of Defaults 11-5A-20
Definitions 11-5A-1
Excavations And Other Works 11-5A-4
Extension Of Service 11-5A-10
Forfeiture Of Franchise 11-5A-17
Franchise Fee 11-5A-23
Grant Of Franchise 11-5A-2
Indemnification 11-5A-15
Maps Of Distribution System 11-5A-14
Nonassignment 11-5A-16
Rates 11-5A-11
City of Dubuque
-H- -H-
HOTEL AND MOTEL TAX
Definitions 3-3-1
Levy 3-3-2
Payment 3-3-3
HOUSING AGENCY AND COMMUNITY DEVELOPMENT
COMMISSION 2-5
Community Development Advisory Commission
Commission Created; Composition 2-5C-1
General Duties And Responsibilities 2-5C-4
Grievance Procedure; Review Standards; Appeal
Process 2-5C-5
Organization 2-5C-3
Procedures For Operations 2-5C-6
Term; Filling Of Vacancies; Compensation 2-5C-2
Housing Commission
Commission Created 2-5B-1
Compensation 2-5B-5
Internal Organization And Rules 2-5B-6
Meetings 2-5B-4
Membership; Vacancies; Qualifications 2-5B-3
Procedures For Operations 2-5B-7
Purpose; Approval Of Proposals 2-5B-2
Trust Fund Advisory Committee
Committee Established; Membership; Functions 2-5D-6
Financial Management 2-5D-3
Funding 2-5D-5
Iowa Finance Authority State Housing Trust Fund
Program 2-5D-7
Purpose 2-5D-2
Trust Fund Administration 2-5D-4
Trust Fund Established 2-5D-1
HOUSING COMMISSION 2-5B
HOUSING REGULATIONS
Definitions 6-6-2
Enforcement 6-6-3
Enforcement Of Order Of City Manager 6-6-5
Habitual Violator 6-6-11
Housing Code Appeals Board 6-6-8
Housing Standards 6-6-10
Inspection Of Properties Owned By Priority Category 6-6-13
Licenses And Inspections 6-6-7
Notices And Orders 6-6-4
Performance Of Work To Repair Or Demolish; Other Costs 6-6-6
Procedure For Hearing Appeal 6-6-9
Procedure For Hearing Appeal Of Priority Category Status 6-6-12
Title; Legislative Findings; Purposes; Scope 6-6-1
May 2011
City of Dubuque
-H- -H-
HUMAN RIGHTS
Definitions; General Provisions
Definitions 8-1-1
Enforcement Of Civil Rights
Amendments Of Complaints 8-4-2
Commission Orders 8-4-6
Commission Proceedings Upon Failure To Reach
Settlement By Conciliation 8-4-5
Commission Staff Proceedings On Complaints 8-4-4
Filing Complaints 8-4-1
Judicial Review; Enforcement Actions 8-4-9
Provisional Remedies 8-4-8
Release From Administrative Process; Alternative
Judicial Proceedings Upon Complaints 8-4-7
Rule Of Construction 8-4-10
Time Limitation For Filing Complaint 8-4-3
Fair Housing
Administrative Enforcement; Preliminary Matters 8-5-6
Cooperation With State And Federal Agencies 8-5-14
Definitions 8-5-1
Disclaimer Of Preemptive Effect 8-5-17
Discrimination In Provision Of Brokerage Services 8-5-5
Discrimination In Residential Real Estate Related
Transactions 8-5-4
Enforcement By City Attorney's Office 8-5-13
Enforcement By Commission 8-5-9
Enforcement By Private Persons 8-5-12
Exemptions 8-5-3
Interference, Coercion Or Intimidation; Enforcement By
Civil Action 8-5-15
Judicial Review 8-5-11
Probable Cause Determination And Effect 8-5-7
Prohibitions 8-5-2
Review By Commission; Service Of Final Order 8-5-10
Subpoenas; Giving Of Evidence 8-5-8
Violations; Bodily Injury; Death; Penalties 8-5-16
Human Rights Commission
Appointment; Terms; Filling Of Vacancies 8-2-3
City Policies Applicable To Commission Operations 8-2-13
Compensation 8-2-5
Composition 8-2-2
Confidentiality Of Complaints 8-2-11
Created 8-2-1
Meetings 8-2-8
Officers 8-2-4
Powers And Duties 8-2-12
Quorum 8-2-9
Records To Be Public; Exceptions 8-2-10
May 2011
City of Dubuque
-u- -u-
UNIFIED DEVELOPMENT CODE
AG Agriculture District 16-5-21
Accessory Uses 16-5-21-4
Bulk Regulations 16-5-21-8
Conditional Uses 16-5-21-3
Parking 16-5-21-6
Principal Permitted Uses 16-5-21-2
Prohibited Uses 16-5-21-1
Signs 16-5-21-7
Temporary Uses 16-5-21-5
Adult Entertainment Establishments 16-7-4
Purpose 16-7-4-1
Siting Requirements 16-7-4-2
C-1 Neighborhood Commercial District 16-5-10
Accessory Uses 16-5-10-3
Bulk Regulations 16-5-10-7
Conditional Uses 16-5-10-2
Parking 16-5-10-5
Principal Permitted Uses 16-5-10-1
Signs 16-5-10-6
Standards For Nonresidential Uses 16-5-10-8
Temporary Uses 16-5-10-4
C-2 Neighborhood Shopping Center District 16-5-11
Accessory Uses 16-5-11-3
Bulk Regulations 16-5-11-7
Conditional Uses 16-5-11-2
Parking 16-5-11-5
Principal Permitted Uses 16-5-11-1
Signs 16-5-11-6
Temporary Uses 16-5-11-4
C -2A Mixed Use Neighborhood District 16-5-12
Accessory Uses 16-5-12-3
Bulk Regulations 16-5-12-7
Conditional Uses 16-5-12-2
Parking 16-5-12-5
Principal Permitted Uses 16-5-12-1
Signs 16-5-12-6
Temporary Uses 16-5-12-4
C-3 General Commercial District 16-5-13
Accessory Uses 16-5-13-3
Bulk Regulations 16-5-13-7
Conditional Uses 16-5-13-2
Parking 16-5-13-5
Principal Permitted Uses 16-5-13-1
Signs 16-5-13-6
Temporary Uses 16-5-13-4
City of Dubuque
-u- -u-
UNIFIED DEVELOPMENT CODE (cont.)
C-4 Downtown Commercial District 16-5-14
Accessory Uses 16-5-14-3
Bulk Regulations 16-5-14-7
Conditional Uses 16-5-14-2
Parking 16-5-14-5
Principal Permitted Uses 16-5-14-1
Signs 16-5-14-6
Temporary Uses 16-5-14-4
C-5 Central Business District 16-5-15
Accessory Uses 16-5-15-3
Bulk Regulations 16-5-15-7
Conditional Uses 16-5-15-2
Parking 16-5-15-5
Principal Permitted Uses 16-5-15-1
Signs 16-5-15-6
Temporary Uses 16-5-15-4
CR Commercial Recreation District 16-5-17
Accessory Uses 16-5-17-3
Bulk Regulations 16-5-17-7
Conditional Uses 16-5-17-2
Parking 16-5-17-5
Principal Permitted Uses 16-5-17-1
Signs 16-5-17-6
Temporary Uses 16-5-17-4
CS Commercial Service And Wholesale District 16-5-16
Accessory Uses 16-5-16-3
Bulk Regulations 16-5-16-7
Conditional Uses 16-5-16-2
Parking 16-5-16-5
Principal Permitted Uses 16-5-16-1
Signs 16-5-16-6
Temporary Uses 16-5-16-4
Conditional Use Permit Procedure 16-8-5
Definitions
Acronyms 16-2-2
Definitions 16-2-3
Rules 16-2-1
Flood Hazard Overlay District 16-6-4
Abrogation And Greater Restrictions 16-6-4-6
Compliance 16-6-4-5
Establishment Of Floodplain Overlay Districts 16-6-4-9
Establishment Of Official Floodplain Zoning Map 16-6-4-3
FF Floodway Fringe Overlay District 16-6-4-11
FP General Floodplain Overlay District 16-6-4-12
FW Floodway Overlay District 16-6-4-10
City of Dubuque
STERLING CODIFIERS
3906 Schreiber Way
Coeur d'Alene, ID 83815
(208) 665-7193
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11 SEP - I Ni 12:23
City C I K':3tt7 r
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Dubua.e, IA
INSTRUCTION SHEET:
REMOVE PAGE HEADED
Preface
DUBUQUE, Iowa
Supplement No. 5/August, 2011
Includes Ordinances: 31-11 and 35-11
VOLUME I
VOLUME II
TITLE 13:
13-6A-4, D. Early Placement: All solid waste
and following three pages
INSERT NEW PAGE HEADED
Preface
13-6A-4, D. Early Placement: All solid waste
and following three pages
TITLE 15:
15-2-1, Chapter 2, Long Range Planning 15-2-1, Chapter 2, Long Range Planning
RESOLUTION NO. 318-11
ADOPTING SUPPLEMENT NO. 5 TO THE CODE OF ORDINANCES OF THE CITY
OF DUBUQUE, IOWA
Whereas, under date of August 17, 2009, the City Council, pursuant to
Ordinance No. 43-09, readopted the Code of Ordinances of the City of Dubuque, Iowa
in its entirety; and
Whereas, since August 17, 2009 the City Council of the City of Dubuque, Iowa
has adopted certain ordinances amending the Code of Ordinances and said
amendments have been printed as supplements to the Code of Ordinances; and
Whereas, Section 380.8 of the Code of Iowa provides that supplements, by
resolution, become part of the Code of Ordinances.
NOW THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF DUBUQUE, IOWA:
Section 1. That Supplement No. 5 of the Code of Ordinances of the City of
Dubuque, Iowa, covering Ordinances 31-11 and 35-llpassed by Council and enacted
through August 30, 2011, prepared by the Sterling Codifiers, Inc., and filed in the Office
of the City Clerk of the City of Dubuque, Iowa is hereby adopted and becomes part of
the Code of Ordinances of the City of Dubuque, Iowa.
Passed, approved and adopted this 19th day of September, 2011.
Attest:
City Clerk
nn V. Sutton, Mayor Pro -Tem
Masterpiece on the Mississippi
TO: The Honorable Mayor and City Council Members
FROM: Michael C. Van Milligen, City Manager
SUBJECT: Adoption of Supplement No. 5 to the Code of Ordinances
DATE: September 15, 2011
Dubuque
bikti
All -America City
2007
City Clerk Kevin Firnstahl recommends City Council adoption of Supplement No. 5 to
the Code of Ordinances of the City of Dubuque. Supplement No. 5 includes codification
of Ordinances 31-11 and 35-11.
I concur with the recommendation and respectfully request Mayor and City Council
approval.
2
Mi hael C. Van Milligen
MCVM:jh
Attachment
cc: Barry Lindahl, City Attorney
Cindy Steinhauser, Assistant City Manager
Kevin S. Firnstahl, City Clerk
iI
Masterpiece on the Mississippi
MEMORANDUM
TO: Michael Van Milligen, City Manager
FROM: Kevin S. Firnstahl, City Clerk
SUBJECT: Adoption of Supplement No. 5 to the Code of Ordinances
DATE: September 14, 2011
INTRODUCTION
The purpose of this memorandum is to submit to City Council a resolution adopting
Supplement No. 5 to the Code of Ordinances of the City of Dubuque.
DISCUSSION
The attached resolution provides for the adoption of Supplement No. 5 which includes
codification of Ordinances 31-11 and 35-11.
Supplements to the Code of Ordinances are prepared by Sterling Codifiers, Inc.
ACTION STEP
The required action is for the City Council to pass the resolution adopting Supplement
No. 5 as a part of the Code of Ordinances of the City of Dubuque.
/ksf
Attachment
A