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Supplement No. 06 - Code of Ordinances - November 2011STERLING CODIFIERS 3906 Schreiber Way, Coeur d'Alene ID 83815 ". (208) 665-7193' IUE N0V 23 P 4= '!6 ley lr.`s 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 Consult the city office in order to ascertain whether any particular provision of the code has been amended, superseded or repealed.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 1-8-2 1-8-3 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 City of Dubuque 1-8-3 1-8-3 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 1-8-3 1-8-3 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 City of Dubuque 1-8-3 1-8-3 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 City of Dubuque 1-8-3 1-8-3 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, City of Dubuque 1-8-3 1-8-3 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 City of Dubuque 1-8-3 1-8-3 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 City of Dubuque 1-8-3 1-8-3 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 City of Dubuque 1-8-3 1-8-3 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 City of Dubuque 1-8-3 1-8-4 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 1-8-4 1-8-4 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; City of Dubuque 16-6-3-3 16-6-4-1 2. Area Y on the official zoning map generally described as all the land in the SOD west of Locust Street from Dodge Street north to 1st Street and east of Locust Street from Dodge Street north to 3rd Street extending west to Freeway 61/151; and 3. Area Z on the official zoning map generally described as all the land in the SOD east of Freeway 61/151 from the 3rd Street overpass, including its extension east to the corporate limits, north to Peosta Channel, and extending easterly and northerly to the city's corporate limits, including all lands within the shoreline of the Dove Harbor Peninsula, except for that land within six hundred sixty feet (660') of the easterly edge of the Freeway 61/151 right of way from the 3rd Street overpass north to the extension of 8th Street (area G on the official zoning map). C. Other Areas: Off premises signs in all other areas on the official zoning map (E, F, G) in the signage overlay district (SOD) shall meet the standards as set forth in section 16-15-12 of this title or set forth in this section, whichever are more restrictive. 1. Height: No portion of any sign or sign structure within six hundred sixty feet (660') of the Freeway 61/151 right of way shall be visible to a person of normal visual acuity traveling on Freeway 61/151, but in no event higher than twenty five feet (25'). 2. Size: Three hundred (300) square feet. 3. Spacing: Five hundred feet (500') (linear measurement for signs visible to oncoming traffic). D. Variance: The zoning board of adjustment may grant a variance to increase the standards pertaining to height and size or reduce spacing requirements for any lawful sign. (Ord. 52-09, 10-19-2009) 16-6-4: FLOOD HAZARD OVERLAY DISTRICT: 16-6-4-1: PURPOSE: The provisions of the flood hazard overlay district are intended to promote the public health, safety, and general welfare and to minimize the extent of floods and the losses incurred in flood hazard areas. The regulations of this section 16-6-4 are designed to: 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 City of Dubuque 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 r'r �1j i`1 ir�i t k.-. I r _:_.J 11 SEP - I Ni 12:23 City C I K':3tt7 r �iil'vv 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