The URL can be used to link to this page

Supplement No. 02 - Code of Ordinances - June 2010/71 IERS, Inc. 7600 Mineral: D ive, Coeur d'Alene, Idaho INSTRUCTION 83815 r (208) 762-3449 - (800) 338-7458 SHEET: DUBUQUE,' Iowa Supplement No. 2/June;;2010 Includes Ordinances: 52-09, 53-09, 54-09, 57-09, 59-09, 2-10 through 15710,17-10,21710, 22-10., 24-10 and code correction " REMOVE PAGE HEADED VOLUME 'Preface Titles TABLE OF CONTENTS: Table Of Contents, Title' 1, Administration and following page TITLE 6: -6-4, 6-6-4: Notices And Orders and; following page ;616-9, E. Hearing Appeals: The conduct �TITLE 7: 7-5,g -1, Chapter 5, Article A. General A-16, E. Revocation Or Suspension Of TITLE 9: L .i9 1-321.1, Chapter 1, General Provisions and following four pages 9- !321.285, one hundred feet (1,100') 10-321.362, Chapter 10, Miscellaneous, fi.nd following page 14-321.645,"9-14-321.645: Meters; Time 9-14-321.682, Asbury Road and following two pages TITLE -10: ftle 10, Public Ways And Property INSERT NEW PAGE HEADED F rreface L.-'Thtles" moble Of Contents, Title 1, Administration and following two pages -4, 6-6-4: Notices And Orders and following page E. Hearing Appeals: The conduct 7-5A-1, Chapter 5, Article A. General an7-5 =16, E.Revocation.: Or Suspension Of d following page 321.1, Chapter 1, General Provisions and following four pages lYy;7-321.285, one hundred feet (1,100') , .'9-10-321.362,. Chapter 10, Miscellaneous and following page t„,9-14-321.645, 9-14-321.645: Meters; Time —4-321.682, Asbury Road and following three pages Titl 10, Public Ways And Property ,14 3F-1, Chapter 3, Article F. Mailboxes J.n-gert immediately after page headed ' 10-3E-7, H. Inspection: A sidewalk) REMOVE PAGE HEADED TITLE 11: ,,1'1-4-20, 11-4-20: Cure Of Defaults: If and following page 1-1"-5A-21, 11-5A-21: Reservation Of Home`, ,�1`1'-5B-22, 11-5B-22. Acquisition At INSERT NEW PAGE HEADED 411-4720, 11=4-20: Cure Of Defaults: If VOLUME f I' TABLE OF CONTENTS: _Table Of Contents, Title 1, Administration and following page TITLE 13: 3-1C-1, Chapter 1, Article C. Rates and following two pages 1-3-2C-1, Chapter 2, Article C. Rates and following two pages TITLE 14: le 14, Building And Development 14-2-1, Chapter 2, Building Construction and following five pages 14-6-1, Chapter 6, Historic Preservation and following eighteen pages 141'0-1, Chapter 10, Signs and following eleven pages TITLE.. 15: Title 15, Planning And Zoning 15-3-1, Chapter 3, Zoning Advisory nd following page TITLE 16: 6'Subdivisions (tab) and following fourteen pages INDEX: A,.,,,Accessibility.Code For Readily. Vancl following twenty seven pages (entire Index) APPENDIX A: Appendix A, Zoning (tab) andfollowing one hundred thirty nine pages (entire Appendix A) 11-5A-21, 1:1-5A-21: Reservation Of Horne .1'1--5B-22, 11-5B-22: Acquisition At b1e Of Contents, Title1 Administration` and following two pages 13'1 C-1, Chapter 1, Article C. Rates and following -two pages -_1,3-2C=1, Chapter 2, Article C. Rates, and following two pages 1. e 14, Building And Development 2=1, Chapter 2, Building Construction and following four pages 14-x, Chapter.6,\Historic Preservation and following two pages 1-4110, Chapter 10, Signs g -Title 15, Planning And; Zoning (not replaced) y unified Development Code (tab) � ,•'`' and following two hundred sixty two pages -A-, :Accesibility Code For Readily ‘,-----and following twenty eight pages not replaced) PREFACE This city code of the city of Dubuque, as supple- mented, contains ordinances up to and including ordinance 48-09, passed September 21, 2009. Ordinances of the city adopted after said ordi- nance 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, Inc. Coeur d'Alene, Idaho October 2009 City of Dubuque TITLES ADMINISTRATION 1 BOARDS AND COMMISSIONS 2 REVENUE AND TAXATION 3 BUSINESS AND LICENSE REGULATIONS 4 TRANSIT SYSTEM 5 HEALTH, HOUSING, SANITATION AND ENVIRONMENT 6 POLICE, FIRE AND PUBLIC SAFETY 7 HUMAN RIGHTS 8 MOTOR VEHICLES AND TRAFFIC 9 PUBLIC WAYS AND PROPERTY 10 RIGHTS OF WAY 11 AIRPORT 12 PUBLIC UTILITIES 13 BUILDING AND DEVELOPMENT 14 PLANNING AND ZONING 15 SUBDIVISIONS 16 City of Dubuque TABLE OF CONTENTS TITLE 1 Administration Dubuque City Code 1 Saving Clause 2 Definitions 3 General Penalty 4 Charter 5 Mayor And City Council 6 Rules And Procedure 6A City Officers And Employees .. 7 Elections, Precincts And Wards 8 Evidentiary Hearings By City Council 9 Miscellaneous Administrative Provisions 10 Emergency Succession During Disaster 11 TITLE 2 Boards And Commissions Hearings And Appeals 1 Civil Service Commission 2 Investment Oversight Advisory Commission 3 Civic Center Advisory Commission 4 Housing Agency And Community Development Commissions 5 Municipal Housing Agency And Governing Board (Rep. by Ord. 26-09, 6-1-2009) 5A Housing Commission 5B Community Development Advisory Commission 5C Trust Fund Advisory Committee 5D Environmental Stewardship Advisory Commission 6 Board Of Library Trustees 7 Arts And Cultural Affairs Advisory Commission 8 TITLE 3 Revenue And Taxation Property Tax 1 Revitalization Areas 2 Hotel And Motel Tax 3 Economic Development 4 Industrial Projects 4A Enterprise Zone Commission 4B Speculative Shell Buildings Of Community Development Organizations And For Profit Entities 4C Residential Relocation Assis- tance Program 4D TITLE 4 Business And License Regulations Business Licenses Generally 1 Liquor Control 2 Alcoholic Beverages 2A Liquor, Beer And Wine Licenses And Permits 2B Excursion Boat Admission Fees 3 Central Market 4 Door To Door Sales 5 Junk And Secondhand Dealers And Pawnbrokers 6 Vehicles For Hire And Public Transportation 7 Nonmotorized Vehicles 7A Motorized Vehicles For Hire . . 7B Adult Entertainment Establish- ments 8 Peddlers And Transient Merchants 9 TITLE 5 Transit System Transit Advisory Board; General Provisions City of Dubuque October 2009 1 TITLE 6 Health, Housing, Sanitation And Environment Health And Safety Regulations 1 Food Establishments And Hotel Sanitation 2 Ambulances 3 Nuisances 4 Noises 5 Housing Regulations 6 Hazardous Waste, Substances And Conditions 7 Trees And Weeds 8 Fire Prevention Regulations 9 TITLE 7 Police, Fire And Public Safety Police Department 1 Fire Department 2 Emergency Management 3 Alarm System Permits 4 Offenses 5 General Offenses 5A Drug Paraphernalia 5B Crime Property 5C Animal Control 6 Miscellaneous Provisions 6A Dogs And Cats 6B Rabies Control 6C Dangerous Animals 6D Potentially Vicious Dogs 6E Bicycles 7 TITLE 8 Human Rights Definitions; General Provisions .. Human Rights Commission October 2009 Unfair And Discriminatory Practices 3 Disability Discrimination 3A Enforcement Of Civil Rights 4 Fair Housing 5 TITLE 9 Motor Vehicles And Traffic General Provisions 1 Registration, Certification Of Title, And Proof Of Security Against Financial Liability 2 Special Antitheft Law 3 Drivers' Licenses 4 Obedience To And Effect Of Traffic Laws 5 Powers Of Local Authorities 6 Operation 7 Pedestrians' Rights And Duties 8 Special Stops Required 9 Miscellaneous Rules 10 School Buses 11 Equipment 12 Size, Weight And Load 13 Parking 14 Impoundment Of Vehicles 15 Miscellaneous City Provisions . 16 TITLE 10 Public Ways And Property Streets, Sidewalks And Other Public Places 1 Excavations 2 Encroachments On Public Places 3 Waste Collection Receptacles .. 3A Newsracks 3B Projecting Signs 3C 1 Other Encroachments 3D 2 Sidewalk Cafes 3E City of Dubuque TITLE 10 (cont.) Parades And Assemblies 4 Parks And Recreation 5 Administration 5A Use Regulations 5B Specific Parks 5C Railroads 6 Boats, Boating And Waterfront Structures 7 TITLE 11 Rights Of Way Nonfranchised Communications Systems 1 Cable Right Of Way Regulations 2 Cable Communications 2A Open Video Systems 2B Cable Television 3 Cable Franchise Agreement .. 3A Community Tele -Programming Commission 3B Cable Regulatory Commission Rates And General Regulations 3D TITLE 13 Public Utilities Water Use And Service 1 Connections 1A Water Meters 1B Rates 1C Cross Connection Control 1D Sewers And Sewage Disposal 2 Discharge Regulations 2A Private Disposal Systems; Private Haulers 2B Rates 2C Industrial Pretreatment Program 2D Gas Main Connections 3 Stormwater Management 4 Illicit Connections And Discharges To Storm Sewer System 5 Solid Waste 6 City Or Private Collection Service 6A 3C TITLE 14 Building And Development Cable Services Customer Service Standards Gas Franchise Electric Franchises Interstate Power Company Maquoketa Valley Electric Cooperative TITLE 12 Airport Administration And Enforcement General Regulations Airport Zoning Regulations 3E Building Codes 1 4 Building Code And Regulations 1A 5 Residential Code 1B 5A Energy Conservation Code 10 Electrical Code 1D 5B Fire Code And Regulations 1E Mechanical Code 1F Fuel Gas Code 1G Plumbing Code 1H Accessibility Code For Readily Achievable Changes 11 Building Construction, Demoli- tion And Moving 2 1 Dangerous Buildings 3 2 Licensing Of Vacant And/Or 3 Abandoned Buildings 4 October 2009 City of Dubuque TITLE 14 (cont.) Historic Buildings 5 Historic Preservation 6 Condominium Conversions 7 Exterior Storage Containers And Storage Trailers 8 Swimming Pools 9 Signs 10 Flood Areas 11 Erosion And Sediment Control 12 TITLE 15 Planning And Zoning Comprehensive Plan 1 Long Range Planning Advisory Commission 2 Zoning Advisory Commission 3 TITLE 16 Subdivisions Definitions And General Subdivision Regulations 1 Platting Procedures 2 Design And Improvement Standards 3 INDEX APPENDIX A Zoning Introduction 1 General Provisions 2 District Regulations 3 Supplemental Provisions 4 Administration And Enforcement 5 October 2009 Zoning Reclassification And Text Amendment Procedure 6 Fee Schedule 7 Definitions 8 Adoption And Repeal Of Conflicting Ordinances 9 City of Dubuque 6-6-4 6-6-4 6-6-4: NOTICES AND ORDERS: A. Notice Of Violation; Order Of Compliance: Whenever the city manager determines that there exists a violation of any provisions of this housing code or of any rules or regulations adopted pursuant thereto, the city manager shall give notice of such violation to the person or persons responsible and shall order compliance. Each notice and order shall: 1. Be in writing; 2. Include a list of violations referring to the sections of this housing code violated; 3. Specify a period of time not to exceed thirty (30) days to begin repairs, vacation, or demolition and not to exceed ninety (90) days for completion; 4. Be served upon the owner, the owner's agent or occupant by delivering the same at the owner's residence, office or place of business by certified mail, regular mail or in person. All such mail shall bear indicia requesting return to sender or forwarding address, if not deliverable as addressed; 5. Subsequent to the owner, the owner's agent or occupant having been notified by the city manager of a violation for which the owner is responsible, a copy of the notice and order may also be posted on the premises. It may also be delivered or sent by regular mail to occupants of the property; 6. If necessary, also require the dwelling or portion thereof to be immediately vacated and not reoccupied until the required repairs and improvements are completed, inspected and approved by the city manager; 7. Contain statements advising: a) that any person having any recorded title or legal interest or any occupant having been served a notice and order, may appeal from the notice and order or any action of the city manager to the housing code appeals board, provided the appeal is made in writing as provided in this housing code, and filed with the city manager within fourteen (14) days from the date of service of such notice and order, or action; and b) that failure to appeal will constitute a waiver of all rights to an administrative hearing and determination of the matter; City of Dubuque 6-6-4 6-6-4 8. This section shall not be interpreted to prevent the enforcement and imposition of fines and penalties for each day of violation, prior to correction. B. Order To Vacate: 1. Posting: Every order to vacate shall, in addition to being served as provided in subsection A of this section, be posted at or upon each entrance to the building, dwelling unit or rooming unit or other real or personal property used or intended to be used for residential property and shall be in substantially the following form: NOTICE TO VACATE This has been declared to be substandard to the extent that it endangers life, limb, health, property or welfare of the public or occupants. After do not occupy or use for City Manager City of Dubuque, Iowa 2. Compliance: Whenever such notice is posted, the city manager shall include a notification thereof in the notice and order reciting the conditions which necessitate the posting. No person shall remain in or enter any building, dwelling unit or rooming unit or other real or personal property used or intended to be used for residential purposes which has been so posted except that entry may be made to repair, demolish or correct the violations. No person shall remove nor deface any such notice after it is posted until the required repairs, demolition or corrections have been completed, inspected and approved in writing by the city manager. Any person violating this subsection shall be guilty of a misdemeanor. 3. Emergencies: Whenever, in the judgment of the city manager, an emergency exists which requires immediate action to protect the public health, safety or welfare, an order may be issued, without a hearing or appeal, directing the owner, occupant, operator or agent to take such action as is appropriate to correct or abate the emergency. If circumstances warrant, the city manager may act to correct or abate the emergency under terms of the Iowa statutes for abatement of public nuisance. (2007 Code § 26-4) City of Dubuque 6-6-5 6-6-6 6-6-5: ENFORCEMENT OF ORDER OF CITY MANAGER: A. General: After any order of the city manager made pursuant to this housing code shall have become final, no person to whom any such order is directed shall fail, neglect or refuse to obey any such order. B. City Manager Options: If any noted violations have not been corrected by the time allowed for said corrections, the city manager may initiate one or more of the following actions to ensure compliance, including, but not limited to: 1. Initiate legal proceedings for the immediate correction of the alleged violations; and/or 2. Revoke any operating license and/or order the dwelling, dwelling unit or rooming unit or other real or personal property used or intended to be used for residential purposes, vacated within a specified period of time; and/or 3. Cause the building to be repaired and the cost thereof recovered in the manner hereinafter provided by this housing code or by other applicable laws, ordinances or statutes utilized; and/or 4. Upon an agreement by the person required to conform to the order that such person will comply with the order if allowed additional time, the city manager may grant a reasonable extension of time not to exceed twelve (12) months from the date of the original notice and order; and/or 5. Institute proceedings to seek demolition of the structure with the assistance of the city manager; and/or 6. Require the dwelling or portion thereof to be immediately vacated and not reoccupied until the required repairs and improvements are completed, inspected and approved by the city manager. (2007 Code § 26-5) 6-6-6: PERFORMANCE OF WORK TO REPAIR OR DEMOLISH; OTHER COSTS: A. General: When any repair or demolition of a property or relocation of tenants is deemed necessary by the city manager pursuant to section 6-6-5 of this chapter, the city manager may attempt to City of Dubuque 6-6-6 6-6-7 procure repair or demolition of the property or relocation of tenants at city expense. B. Recovery Of Costs: Whenever a cost to repair, abate or demolish a property which violates this housing code is incurred by the city, or whenever a cost to relocate tenants from a property in violation of this housing code is incurred by the city, the city manager shall prepare and certify the actual cost to the city clerk who, in turn, shall certify such cost to the county treasurer, and it shall then constitute a lien against said property and be collected with and in the same manner as general taxes on said property. Such costs shall not be certified if they were the result of the tenant's misconduct. (2007 Code § 26-6) 6-6-7: LICENSES AND INSPECTIONS: A. Rental Dwelling Operating License: 1. License Required: No person shall operate a "rental dwelling unit", as defined by this housing code, in the city unless such person holds a current unrevoked rental dwelling operating license issued by the city manager in the name of the owner/operator for the specific named dwelling. The annual fee for operating rental dwelling units shall be as specified by resolution of the city council. 2. Terms Of Operating Licenses: Every operating license issued shall remain effective for a period of up to one calendar year from the date of its issuance, and upon application may be renewed and remain effective for successive periods of one calendar year unless sooner revoked at any time by the city manager for noncompliance with any applicable provisions of this housing code. Rental dwelling operating licenses may be transferred from one person to another person, provided notice of transfer is given in writing within five (5) working days of the transfer, to the city manager. Rental dwelling operating licenses shall not be transferable from one dwelling to another dwelling. Every person holding an operating license shall give notice in writing to the city manager within five (5) working days after having transferred or otherwise disposed of the legal control of the licensed dwelling. Such notice shall include the name and address of the person or persons succeeding to the ownership or control of such licensed dwelling. City of Dubuque 6-6-9 6-6-9 E. Hearing Appeals: The conduct of hearing appeals filed with the housing code appeals board shall be governed by title 2, chapter 1 of this code. F. Appeals Board Option: The housing code appeals board, by a majority vote, may sustain the notice and order, or grant a variance or extension of time or grant a waiver of applicability, in the case of the levying of rental dwelling operating license penalties. In granting an extension or variance of any notice or order, or waiver of application of a licensing penalty, the appeals board shall observe the following conditions: 1. Extension Of Time: The board may grant an extension of time for the compliance of any notice and order for not more than twelve (12) months, subject to appropriate conditions and provided that the board makes specific findings of fact based on evidence relating to the following: a. That there are practical difficulties or unnecessary hardships in carrying out the strict letter of any notice and order; and b. That such an extension is in harmony with the general purpose and intent of this housing code in securing the public health, safety and general welfare; and c. That the violation in question does not constitute an imminent threat to public health, safety and welfare. 2. Variance: The board may grant a variance in a specific case and from a specific provision of this housing code subject to appropriate conditions and provided the board makes specific findings of fact based on evidence related to the following: a. Unnecessary Hardships: That there are practical difficulties or unnecessary hardships in carrying out the strict letter of any notice and order; b. Application Of Provisions: That the effect of the application of the provisions would be arbitrary in the specific case; c. Extension: That an extension would not constitute an appro- priate remedy for these practical difficulties or unnecessary hardships; City of Dubuque 6-6-9 6-6-10 d. General Purpose And Intent: That such variance is in harmony with the general purpose and intent of this housing code in securing the public health, safety and general welfare and does not constitute an imminent danger to the public; and e. Historic Buildings: That the repairs and alterations necessary for the preservation, restoration or continued use of a building or structure may be made without conformance to all of the require- ments of this housing code, when authorized by the housing code appeals board, provided: (1) The building or structure has been designated by official action of the applicable legislative or administrative body as having special historical or architectural significance. (2) Any substandard conditions as described in section 6-6-3 of this chapter, will be corrected. 3. Waiver Of Applicability: The board may grant a waiver of appli- cation of a penalty for nonpayment of rental dwelling operating license fees, subject to appropriate conditions and provided the board makes specific findings of fact that the levying of the penalty was inconsistent with the provisions of section 6-6-7 of this chapter. (2007 Code § 26-9) 6-6-10: HOUSING STANDARDS: A. Generally: Housing governed by this housing code shall meet the housing quality standards promulgated by the United States department of housing and urban development (HUD), title 24, code of federal regulations, part 982.401, (a) through (n). The approved interpretations further define the standards as they shall apply to housing in the city. B. Sanitary Facilities: 1. Performance Requirement: Each dwelling unit must include sanitary facilities located in the unit, which must be in proper operating condition, must be usable in privacy, and are adequate for personal cleanliness and the disposal of human waste. 2. Acceptability Criteria: The bathroom must be located in a separate private room and have a flush toilet in proper operating condition. The dwelling unit must have a fixed basin in proper operating condi- City of Dubuque 7-5A-1 7-5A-1 SECTION: 7-5A- 1: 7-5A- 2: 7-5A- 3: 7-5A- 4: 7-5A- 5: 7-5A- 6: 7-5A- 7: 7-5A- 8: 7-5A- 9: 7-5A-10: 7-5A-11: 7-5A-12: 7-5A-13: 7-5A-14: 7-5A-15: 7-5A-16: CHAPTER 5 OFFENSES ARTICLE A. GENERAL OFFENSES Disorderly Conduct Offenses Relating To Officers And Employees False And Fraudulent Reports False Representation Of Records Or Processes Advertising Materials; Billposting; Littering Defacing Notices Loitering For Illegal Purposes Ringing Of Bells Or Gongs Public Urination Or Defecation Weapons, Firearms And Fireworks Unauthorized Computer Access Criminal Mischief Professional Boxing Elimination Tournaments Underage Persons Entering Gambling Facilities Tobacco Products To Underage Persons Hunting And Target Practice Permitted 7-5A-1: DISORDERLY CONDUCT: It shall be unlawful for any person to do any of the following: A. Fighting: Engage in fighting or violent behavior or invite or defy another person to fight; provided, that participants in athletic contests may engage in such conduct which is reasonably related to that sport. B. Noise, Disturbance: Make unusually loud or excessive noise which results in the disturbance of the peace and the public quiet of a neighborhood. City of Dubuque 7-5A-1 7-5A-2 C. Noise, Breach Of The Peace: Wilfully permit upon any premises owned, occupied, possessed or controlled by such person any unusually loud or excessive noise in such a manner calculated to provoke a breach of the peace of others, or the public quiet of the neighborhood. D. Abusive Language: Direct abusive language or make any threatening gesture which the person knows or reasonably should know is likely to provoke a violent reaction by another. E. Disturbing Lawful Assembly: Without lawful authority or order of authority, disturb any lawful assembly or meeting of persons by conduct intended to disrupt the meeting or assembly. F. Disrespect To Flag: Publicly use or display the flag of the United States in such a manner as to show disrespect for the flag as a symbol of the United States. G. Obstructing Streets: Without authority, obstruct any street, sidewalk, highway or other public way. H. Soliciting Contributions, Peddling On Roadways: Without authority, solicit contributions, distribute literature, or otherwise peddle or sell goods and services within the traveled portion of any roadway. (2007 Code § 33-1) 7-5A-2: OFFENSES RELATING TO OFFICERS AND EMPLOYEES: A. Harassment Of City Employees: 1. It shall be unlawful for any person to wilfully prevent, resist or obstruct or attempt to prevent, resist or obstruct any city employee from the performance of any official duty. 2. It shall be unlawful for any person to communicate by any means, any threat of bodily or property harm to any police officer, member of the fire department or other city employee or to any member of their family during the course of, or as a result of, the performance of any official duty by said police officer, member of the fire department or city employee in which the police officer, member of the fire department, or city employee is identified as such. (2007 Code § 33-3) City of Dubuque 7-5A-16 7-5A-16 E. Revocation Or Suspension Of Permit; Appeal: A permit may be revoked or suspended by the city manager by written notice for a violation of any of the provisions of this section or any other ordinances of the city or the laws of the United States or the state of Iowa. The permittee may file with the city clerk a written notice of appeal to the city council from the suspension or revocation. F. Compliance With State And Local Laws: A hunter shall comply with all state and local laws, rules, regulations and ordinances governing hunting. G. Firearms Limited: Firearms or other weapons authorized for hunting and target practice shall be limited to bow and arrow, air gun, or shotgun with shot ammunition size 4-9, excluding slugs; the use of rifles, pistols, deer slugs, and black powder rifles and all other firearms or other weapons is prohibited. H. Notify Police Prior To Hunting Or Target Practice: The permittee shall notify police dispatch at the Dubuque law enforcement center, on the day on which hunting or target practice will occur and prior to the commencement of any hunting or target practice, of the location where the hunting or target practice will occur. Discharging Firearm: A hunter or a person engaged in target practice shall not discharge a firearm or other weapon in the direction of any person, livestock, building, public street, recreational trail or public waters. (Ord. 31-06, 5-1-2006) City of Dubuque 9-1-321.1 9-1-321.1 CHAPTER 1 GENERAL PROVISIONS SECTION: 9-1-321.1: Definitions 9-1-321.2: Applicability Of Title 9-1-321.3 — 9-1-321.16: Reserved 9-1-321.1: DEFINITIONS: The following words and phrases, when used in this title shall, for the purpose of this title, have the meanings respectively ascribed to them in this section: ALL -TERRAIN A motor vehicle designed to travel on two (2) or VEHICLE: more wheels and designed primarily for off road use, but not including farm tractors, construction equipment, forestry vehicles, or lawn and grounds maintenance vehicles when used for farming, construction, commercial deliveries, forestry, lawn and grounds maintenance, or towing for utility as opposed to recreational uses. ALLEY: A thoroughfare laid out, established, and platted as such by constituted authority. AUTHORIZED EMERGENCY VEHICLE: BICYCLE: Vehicles of the fire department, police vehicles, ambulances, and emergency vehicles owned by the United States, this state, or any subdivision of this state or any municipality of the state, and such privately owned ambulances, fire, rescue, or disaster vehicles as are designated or authorized by the director. A device having two (2) wheels and having at least one saddle or seat for the use of a rider which is propelled by human power. BUSINESS DISTRICT: The territory contiguous to and including a highway when fifty percent (50%) or more of the October 2009 City of Dubuque 9-1-321.1 9-1-321.1 CHAUFFEUR: CITY MANAGER: CROSSWALK: October 2009 frontage thereon for a distance of three hundred feet (300') or more is occupied by buildings in use for business. Any person who operates a motor vehicle, including a school bus, in the transportation of persons for wages, compensation, or hire, or a person who operates a truck tractor, road tractor, or any motor truck which is required to be registered at a gross weight classification exceeding five (5) tons, or any such motor vehicle exempt from registration which would be within the gross weight classification if not so exempt. A person is not a chauffeur when the operation of the motor vehicle, other than a truck tractor, by the owner or operator is occasional and merely incidental to the owner's or operator's principal business. A person is not a chauffeur when the operation is by a volunteer firefighter operating fire apparatus, or is by a volunteer ambulance or rescue squad attendant operating ambulance or rescue squad apparatus. If a volunteer firefighter, ambulance, or rescue squad operator receives nominal compensation not based upon the value of the services performed, the firefighter or operator shall be considered to be receiving no compensation and classified as a volunteer. A farmer or the farmer's hired help is not a chauffeur when operating a truck, other than a truck tractor, owned by the farmer and used exclusively in connection with the transportation of the farmer's own products or property. The official having jurisdiction to post signs or direct the placement of signs consistent with this title includes the city manager's designee. That portion of a roadway ordinarily included within the prolongation or connection of the lateral lines of sidewalks at intersections, or any portion of a roadway distinctly indicated for pedestrian crossing by lines or other markings on the surface. City of Dubuque 9-1-321.1 CURB: DEPARTMENT: DIRECTOR: DRIVER: ELECTRIC PERSONAL ASSISTIVE MOBILITY DEVICE: EXPLOSIVE: FLAMMABLE LIQUID: GROSS WEIGHT: 9-1-321.1 The lateral line of a sidewalk nearest the surface of the street upon which vehicles travel. The state department of transportation. The director of the state department of transportation or the director's designee. Every person who drives or is in actual physical control of a vehicle. A device, powered by an electric propulsion system designed to transport one person, with a maximum speed on a paved level surface of less than twenty five (25) miles per hour with an average power of seven hundred fifty (750) watts or one horsepower. Any chemical compound or mechanical mixture that is commonly used or intended for the purpose of producing an explosion and which contains any oxidizing and combustive units or other ingredients in such proportions, quantities, or packing that on ignition by fire, friction, concussion, percussion, or detonator of any part of the compound or mixture may cause such a sudden generation of highly heated gases that the resultant gaseous pressures are capable of producing destructible effects on contiguous objects or of destroying life and limb. Any liquid which has a flashpoint of seventy degrees Fahrenheit (70°F) or less, as deter- mined by a Tagliabue or equivalent closed cup test. The empty weight of a vehicle, plus the maximum load to be carried thereon. The maximum load to be carried by a passenger carrying vehicle shall be determined by multiplying one hundred fifty (150) pounds by the number of passenger seats carried by such vehicle. City of Dubuque 9-1-321.1 9-1-321.1 HOLIDAYS: INTERSECTION: METAL TIRE: MOBILE HOME: MOTOR TRUCK: MOTOR VEHICLE: MOTORCYCLE: Shall be January 1, Memorial Day, July 4, the first Monday in September, Veterans Day, Thanksgiving Day, the day after Thanksgiving Day, December 24, December 25, December 31, and the following Monday whenever any of the foregoing named holidays fall on a Sunday. The area embraced within the prolongation or connection of the lateral curb lines, or, if none, then the lateral boundary lines of the roadways of two (2) highways which join one another at, or approximately at, right angles, or the area within which vehicles traveling upon different highways joining at any other angle may come in conflict. Every tire, the surface of which in contact with the highway, is wholly or partly of metal or other hard, nonresilient material. Any vehicle without motive power used or so manufactured or constructed as to permit its being used as a conveyance upon the public streets and highways and so designed, con- structed, or reconstructed as will permit the vehicle to be used as a place for human habita- tion by one or more persons. Every motor vehicle designed primarily for carrying livestock, merchandise, freight of any kind, or over nine (9) persons as passengers. Every vehicle which is self-propelled but not including vehicles known as trackless trolleys which are propelled by electric power obtained from overhead trolley wires but not operated upon rails. The terms "car", "new car", "used car", or "automobile" shall be synonymous with the term "motor vehicle". Every motor vehicle having a saddle or seat for the use of the rider and designed to travel on not more than three (3) wheels in contact with the ground including a motor scooter but excluding a tractor and a motorized bicycle. City of Dubuque 9-1-321.1 9-1-321.1 MOTORIZED BICYCLE OR MOTOR BICYCLE: OFFICIAL PARKING SIGNS: OFFICIAL TRAFFIC CONTROL DEVICES: OFFICIAL TRAFFIC CONTROL SIGNAL: OPERATOR: OWNER: PARK: PARKING LOT: PARKING METER: A motor vehicle having a saddle or a seat for the use of a rider and designed to travel on not more than three (3) wheels in contact with the ground, with an engine having a displacement no greater than fifty (50) cubic centimeters and not capable of operating at a speed in excess of twenty five (25) miles per hour on level ground unassisted by human power. Any such signs as have been erected by author- ity of a public body or official having jurisdiction for the purpose of regulating parking. All signs, signals, markings, and devices not inconsistent with this title placed or erected by authority of a public body or official having jurisdiction for the purpose of regulating, warning, or guiding traffic. Any device, whether manually, electrically, or mechanically operated, by which traffic is alternately directed to stop and to proceed. Every person, other than a chauffeur, who is in actual physical control of a motor vehicle upon a highway. A person who holds the legal title of a vehicle, or in the event a vehicle is the subject of a security agreement with an immediate right of possession vested in the debtor, then such debtor shall be deemed the owner for the purpose of this title. The stopping or standing of a motor vehicle either attended or unattended by a driver or occupant. A lot in the city where motor vehicles are parked for a fee. Any mechanical device located upon a public street or sidewalk in a place regularly designated as a parking zone. This device shall City of Dubuque 9-1-321.1 9-1-321.1 PEACE OFFICER: PEDESTRIAN: PNEUMATIC TIRE: PRIVATE ROAD OR DRIVEWAY: RAILROAD SIGN OR SIGNAL: RAILROAD TRAIN: RESIDENCE DISTRICT: RIGHT OF WAY: ROADWAY: record a certain number of minutes by the use of a clock mechanism determining the number of minutes for which parking privileges may be extended to any person depositing the coin or coins required. Every officer authorized to direct or regulate traffic or to make arrests for violations of traffic regulations, in addition to its meaning in section 801.4, code of Iowa. Any person afoot. Every tire in which compressed air is designed to support the Toad. Every way or place in private ownership and used for vehicular travel by the owner and those having express or implied permission from the owner but not by other persons. Any sign, signal, or device erected by authority of a public body or official or by a railroad and intended to give notice of the presence of railroad tracks or of the approach of a railroad train. An engine or locomotive, with or without cars coupled thereto, operated upon rails. The territory within a city or town contiguous to and including a highway, not comprising a business, suburban, or school district, where forty percent (40%) or more of the frontage on such highway for a distance of three hundred feet (300') or more is occupied by dwellings or by dwellings and buildings in use for residence. The privilege of the immediate use of the highway. That portion of a highway improved, designed, or ordinarily used for vehicular travel. City of Dubuque 9-1-321.1 9-1-321.1 SCHOOL DISTRICT: SEMITRAILER: SIDEWALK: SOLID TIRE: STREET OR HIGHWAY: SUBURBAN DISTRICT: THROUGH (OR THRU) HIGHWAY: TRAFFIC: The territory contiguous to and including a high- way for a distance of two hundred feet (200') in either direction from a schoolhouse in a city. Every vehicle without motive power designed for carrying persons or property and for being drawn by a motor vehicle and so constructed that some part of its weight and that of its Toad rests upon or is carried by another vehicle. Wherever the word "trailer" is used in this title, the same shall be construed to also include "semitrailer". A "semitrailer" shall be considered in this title separately from its power unit. That portion of street between the curb lines or the lateral lines of a roadway and the adjacent property lines intended for the use of pedestrians. Every tire of rubber or other resilient materials which does not depend upon compressed air for the support of the load. The entire width between property lines of every way or place of whatever nature when any part thereof is open to the use of the public as a matter of right for purposes of vehicular traffic. All other parts of a city or town not included in the business, school, or residence districts. Every highway or portion thereof at the entrances to which vehicular traffic from intersecting highways is required by law to stop before entering or crossing the same and when stop signs are erected as provided by law or such entrances are controlled by a peace officer or traffic control signal. The term "arterial" shall be synonymous with "through" or "thru" when applied to highways of this city. Pedestrians, ridden or herded animals, vehicles, and other conveyances either singly or together while using any highway for purposes of travel. City of Dubuque October 2009 9-1-321.1 9-1-321.1 TRAILER: Every vehicle without motive power designed for carrying persons or property and for being drawn by a motor vehicle and so constructed that no part of its weight rests upon the towing vehicle. TRUCK TRACTOR: Every motor vehicle designed and used primarily for drawing other vehicles and not so constructed as to carry a load other than a part of the weight of the vehicle and load so drawn. U-TURN: The turning from one side to the other on a street and proceeding in a reverse direction. VEHICLE: Every device in, upon, or by which any person or property is or may be transported or drawn upon a highway. "Vehicle" does not include: October 2009 A. Any device moved by human power. B. Any device used exclusively upon stationary rails or tracks. C. Any integral part of a truck tractor or road tractor which is mounted on the frame of the truck tractor or road tractor immediately behind the cab and which may be used to transport persons and property but which cannot be drawn upon the highway by the truck tractor or another motor vehicle. D. Any steering axle, dolly, auxiliary axle, or other integral part of another vehicle which in and of itself is incapable of commercially transporting any person or property but is used primarily to support another vehicle. (Ord. 43-08, 6-16-2008; amd. Ord. 44-08, 6-16-2008; Ord. 39-09, 8-3-2009) City of Dubuque 9-1-321.2 9-1-321.2: APPLICABILITY OF TITLE: 9-1-321.16 A. The provisions of this title applicable to the drivers of vehicles upon the streets shall apply to the drivers of all vehicles owned or operated by the United States, this state, or any county, city, town, district, or any other political subdivision of the state, subject to specific exceptions as are set forth in the laws of Iowa and the ordinances of the city with reference to authorized emergency vehicles. B. This title, except section 9-7-321.277, does not apply to persons and motor vehicles and other equipment while actually engaged in work upon the surface of a highway officially closed to traffic but does apply to such persons and vehicles when traveling to or from such work. The provisions of section 9-7-321.294 and subsection 9-7-321.297B of this title do not apply to road workers operating maintenance equipment owned by or under lease to any state or local authority while engaged in road maintenance, road blading, snow and ice control and removal, and granular resurfacing work on a highway, whether or not the highway is closed to traffic. A chauffeur's license shall not be required for a person to operate road construction and maintenance equipment while engaged in road construction and maintenance work, including the movement of the road construction and maintenance equipment to and from the work site under its own power. C. Every person riding a bicycle or animal, or driving any animal drawing a vehicle upon a street, shall be subject to the provisions of this title applicable to the driver of a vehicle except those provisions which by their nature can have no application. D. The provisions of this title relating to the operation of vehicles refers exclusively to the operation of vehicles upon streets and highways except: 1. Where a different place is specifically referred to in a given section. 2. The provisions of chapter 3 and section 9-7-321.277 of this title shall apply upon the streets and highways and elsewhere throughout the city. 9-1-321.3 — 9-1-321.16: RESERVED: (Ord. 44-08, 6-16-2008) City of Dubuque 9-7-321.285 9-7-321.288 one hundred feet (1,100') south of the Julien Dubuque bridge to the southerly city limits. D. Scheduled fines are established pursuant to Iowa Code section 805.6(6). Excessive speed in zones 55 miles per hour or Tess: 1 through 5 miles per hour over 6 through 10 miles per hour over 11 through 15 miles per hour over 16 through 20 miles per hour over Over 20 miles per hour over (plus $2.00 for each mile in excess of 20 miles per hour over limit) Excessive speed in zones greater than 55 miles per hour: 1 through 5 miles per hour over. 6 through 10 miles per hour over. 11 through 15 miles per hour over. 16 through 20 miles per hour over. Over 20 miles per hour over (plus $2.00 for each mile in excess of 20 miles per hour over limit). (Ord. 44-08, 6-16-2008; amd. Ord. 45-08, 6-21-2008) 9-7-321.286 — 9-7-321.287: RESERVED: (Ord. 44-08, 6-16-2008) 9-7-321.288: CONTROL OF VEHICLE: A. A person operating a motor vehicle shall have the same vehicle under control at all times. B. A person operating a motor vehicle shall reduce the speed to a reasonable and proper rate: City of Dubuque 9-7-321.288 9-7-321.293 1. When approaching and passing a person walking in the traveled portion of the public street. 2. When approaching and passing an animal which is being led, ridden, or driven upon a public street. 3. When approaching and traversing a crossing or intersection of public streets, or a bridge, sharp turn, curve, or steep descent in a public street. 4. When approaching and passing a fusee, flares, red reflector electric lanterns, red reflectors, or red flags, or an emergency vehicle displaying a revolving or flashing light. 5. When approaching and passing a slow moving vehicle displaying a reflective device as provided by section 321.383, code of Iowa. 6. When approaching and passing through a signposted construction or maintenance zone upon the public highway. (Ord. 44-08, 6-16-2008) 9-7-321.289: SIGNS TO BE ERECTED: On a street on which the rate of speed changes, other than primary roads and extensions of primary roads, there shall be erected by the city suitable standard signs showing the points at which the rate of speed changes on such street and the maximum rate of speed in the district which the vehicle is entering. (Ord. 44-08, 6-16-2008) 9-7-321.290: RESERVED: (Ord. 44-08, 6-16-2008) 9-7-321.291: SPEEDING VIOLATION FORM: In every charge of violation of section 9-7-321.285 of this chapter the information and the notice to appear shall specify the speed at which the defendant is alleged to have driven and also the speed limit applicable within the district or at the location. (Ord. 44-08, 6-16-2008) 9-7-321.292 — 9-7-321.293: RESERVED: (Ord. 44-08, 6-16-2008) City of Dubuque 9-10-321.362 9-10-321.363 CHAPTER 10 MISCELLANEOUS RULES SECTION: 9-10-321.362: Responsibility When Leaving Motor Vehicle Unattended 9-10-321.363: Obstruction To Driver's View 9-10-321.363A: Duty Of Driver Approaching Crest Of Hills, Blind Curves 9-10-321.364: Reserved 9-10-321.365: Coasting 9-10-321.366: Reserved 9-10-321.367: Following Fire Apparatus 9-10-321.368: Crossing Fire Hose 9-10-321.369 — 9-10-321.370: Reserved 9-10-321.371: Cleaning Up Wrecks 9-10-321.362: RESPONSIBILITY WHEN LEAVING MOTOR VEHICLE UNATTENDED: No person driving or in charge of a motor vehicle shall permit it to stand unattended without first stopping the engine or when standing upon any perceptible grade without effectively setting the brake thereon and turning the front wheels to the curb or side of the high- way. (Ord. 44-08, 6-16-2008) 9-10-321.363: OBSTRUCTION TO DRIVER'S VIEW: A. No person shall drive a vehicle when it is so loaded or when there are in the front seat such number of persons exceeding three (3) as to obstruct the view of the driver to the front or sides of the vehicle or as to interfere with the driver's control over the driving mechanism of the vehicle. B. No passenger in a vehicle shall ride in such position as to interfere with the driver's view ahead or to the sides or to interfere with the driver's control over the driving mechanism of the vehicle. (Ord. 44-08, 6-16-2008) City of Dubuque 9-10-321.363A 9-10-321.370 9-10-321.363A: DUTY OF DRIVER APPROACHING CREST OF HILLS, BLIND CURVES: The driver of a motor vehicle traveling through defiles or on approaching the crest of a hill or grade shall have such motor vehicle under control and on the right hand side of the roadway and upon approaching any curve where the view is obstructed within a distance of two hundred feet (200') along the highway shall give audible warning with the horn of such motor vehicle. (Ord. 44-08, 6-16-2008) 9-10-321.364: RESERVED: (Ord. 44-08, 6-16-2008) 9-10-321.365: COASTING: A. The driver of any motor vehicle when traveling upon a downgrade shall not coast with the gears of such vehicle in neutral. B. The driver of any commercial motor vehicle when traveling upon a downgrade shall not coast with the clutch disengaged. (Ord. 44-08, 6-16-2008) 9-10-321.366: RESERVED: (Ord. 44-08, 6-16-2008) 9-10-321.367: FOLLOWING FIRE APPARATUS: The driver of any vehicle other than one on official business shall not follow any fire apparatus traveling in response to a fire alarm closer than five hundred feet (500') or drive into or park such vehicle within the block where fire apparatus has stopped in answer to a fire alarm. (Ord. 44-08, 6-16-2008) 9-10-321.368: CROSSING FIRE HOSE: No vehicle shall be driven over any unprotected hose of a fire department when laid down on any street or private driveway to be used at any fire or alarm of fire without the consent of the fire department official in command. (Ord. 44-08, 6-16-2008) 9-10-321.369 — 9-10-321.370: RESERVED: (Ord. 44-08, 6-16-2008) City of Dubuque 9-10-321.371 9-10-321.371 9-10-321.371: CLEANING UP WRECKS: Any person removing a wrecked or damaged vehicle from a street shall remove any glass or other injurious substance dropped upon the street from such vehicle. (Ord. 44-08, 6-16-2008) City of Dubuque 9-14-321.645 9-14-321.645 9-14-321.645: METERS; TIME AND FEE SCHEDULE FOR SPECIFIC LOTS: A. Parking meters on municipally owned parking Tots, when installed and properly operated, shall show legal parking upon and after the deposit of United States coins, and in the nonmetered parking lots, parking spaces shall be reserved in accordance with the following schedules: 1. On parking lots no. 1, 2, 3, 4, 5, 6, 7, and 10, the amount of fee shall be displayed on each parking meter and shall indicate the period of time allowed for the particular United States coin deposit after meter has been placed in operation. The maximum parking time allowed shall be indicated on the parking meter assigned to the meter space to which it applies. 2. On parking lot no. 5, reserved parking for each space for which a parking meter has not been installed shall be reserved by the city for assignment by the city manager for purposes of carrying out the business of city government. 3. On parking lot no. 10, reserved parking for nonmetered spaces shall be between the hours of six o'clock (6:00) A.M. and six o'clock (6:00) P.M. daily, excluding Saturdays, Sundays, and holidays, at a monthly rate of thirty seven dollars ($37.00), payable each month. 4. On parking lot no. 12, reserved parking for nonmetered spaces shall be between the hours of six o'clock (6:00) A.M. and six o'clock (6:00) P.M. daily, excluding Saturdays, Sundays, and holidays, at a monthly rate of twenty five dollars ($25.00), payable each month. 5. On parking lot no. 2, reserved parking for each space for which parking meters have not been installed shall be rented through an agreement approved by the city council. Reserved parking for nonmetered spaces shall be between the hours of six o'clock (6:00) A.M. and six o'clock (6:00) P.M. daily, excluding Saturdays, Sundays, and holidays, at a monthly rate of twenty seven dollars ($27.00), payable each month. 6. On parking lot no. 1, reserved parking for each space for which parking meters have not been installed shall be rented through an agreement approved by the city council. Reserved parking for nonmetered spaces shall be between the hours of six o'clock (6:00) A.M. and six o'clock (6:00) P.M. daily, excluding Saturdays, Sundays, and holidays, at a monthly rate of twenty seven dollars ($27.00), payable each month. City of Dubuque 9-14-321.645 9-14-321.649 B. Notice of such restrictions, as provided for in this section, shall be displayed at each lot. The owner or operator of any vehicle who shall receive notice either personally or by the attaching of such notice to said vehicle if said vehicle is parked in violation of this section shall, when such notice is served upon such owner or operator or attached to said vehicle, pay to the city treasurer as a penalty for such violation the sum of fifteen dollars ($15.00) and after thirty (30) days a sum of twenty dollars ($20.00). (Ord. 44-08, 6-16-2008) 9-14-321.646: METERS; DEPOSIT OF COINS REQUIRED AT CERTAIN TIMES: When parking spaces are established and marked and parking meters installed adjacent thereto in municipally owned parking lots, it shall be unlawful for any person to be parked within such space for the time during which the meter is showing a signal indicating that such space is illegally in use. Such meters shall be placed in operation by deposit of appropriate coin therein during the hours of eight o'clock (8:00) A.M. to five o'clock (5:00) P.M. Monday through Saturday of each week, except holidays. (Ord. 44-08, 6-16-2008) 9-14-321.647: UNLAWFUL TO USE SLUGS: It shall be unlawful to deposit or cause to be deposited in any parking meter any slug, device, or any metallic substitute for any United States coin. (Ord. 44-08, 6-16-2008) 9-14-321.648: METERS; DEFACING, TAMPERING: It shall be unlawful for any unauthorized person to open, or for any person to deface, injure, tamper with, or wilfully break, destroy, or impair the usefulness of any parking meter installed pursuant to this division. (Ord. 44-08, 6-16-2008) 9-14-321.649: ESTABLISHMENT OF SPACES; PARKING WITHIN SPACES REQUIRED: The city manager shall establish and designate by suitable markings, parking spaces, and traffic lanes on municipally owned parking lots and each motor vehicle parking in such parking lots shall park within such parking spaces. It shall be unlawful to park any motor vehicle on any municipally owned parking lot in such a position that the same shall not be entirely within such parking space or in such a manner that it shall obstruct the free movement of vehicles over such traffic lanes. (Ord. 44-08, 6-16-2008) City of Dubuque 9-14-321.682 9-14-321.682 Asbury Road. Bryant Street. Cedar Cross Road. Central Avenue from 22nd Street to 32nd Street. Clarke Drive from West Locust Street to Asbury Road. Delhi Street. Fremont Avenue. Hill Street. Kane Street from Kaufmann Avenue to Chaney Road and from Shetland Court to Carter Road. Kaufmann Avenue. Kelly Lane. Loras Boulevard. North Grandview Avenue from Dodge Street to Rosedale Avenue and from Avoca Street to West 32nd Street. Old Mill Road. Pennsylvania Avenue. Rhomberg Avenue. Rockdale Road. South Grandview Avenue. University Avenue from West 9th Street to Alpine Street and from Glen Oak Street to John F. Kennedy Road. West Locust Street from West 17th Street to a point one thousand three hundred feet (1,300') east of Clarke Drive. Windsor Avenue. City of Dubuque 9-14-321.682 9-14-321.683 Wooten Street. East 22nd Street from Windsor Avenue to Central Avenue. East 32nd Street from Jackson Street to Central Avenue. West 32nd Street from Central Avenue to Fink Street. 2. Parking shall be prohibited from one o'clock (1:00) A.M. to six o'clock (6:00) A.M. on the odd numbered side of the following streets on odd numbered days and on the even numbered side of the following streets on even numbered days: Kane Street from Chaney Road to Shetland Court. North Grandview Avenue from Rosedale Avenue to Avoca Street. University Avenue from Alpine Street to Glen Oak Street. West Locust Street from Clarke Drive to a point one thousand three hundred feet (1,300') east of Clarke Drive. F. Termination Of Snow Route Parking Restrictions: Whenever the city manager shall find that the conditions which gave rise to the declaration no longer exist, the city manager is authorized to declare the termination of the snow route parking restrictions, in whole or in part, effective immediately upon announcement. When the termination is announced, it shall then be lawful to park on those streets in accordance with the regular parking provisions. The city manager shall request the cooperation of the local press, radio, and television media to announce the termination of the snow route parking restrictions. (Ord. 44-08, 6-16-2008) 9-14-321.683: DECLARATION OF EMERGENCY: A. When it becomes necessary to plow or remove snow from streets, which because of the accumulation of snow thereon causes such a hindrance to traffic as constitutes an emergency unless the snow is promptly plowed or removed, the city manager shall by appropriate public media declare the beginning of an emergency and the applica- tion of emergency snow parking regulations which regulations shall remain in force and effect until lifted by the city manager. City of Dubuque 9-14-321.683 9-14-321.684 B. For the purpose of this division, the accumulation of snow on any streets or area sufficient for the application of emergency regulations herein shall be any such accumulation of snow which hinders the safe movement of traffic thereon or that impedes the ability of emergency vehicles and public transportation vehicles to travel safely and expeditiously over such streets or areas. C. The city manager is hereby authorized and empowered to erect signs prohibiting parking upon any street in the city and upon any city owned parking lot, except arterial streets for which provisions are hereinafter made, upon which snow plowing or snow removal equipment is operating, and upon the erection of such signs parking thereon shall be prohibited until such signs shall be removed at the direction of the city manager. D. Upon the declaration of emergency by the city manager as provided in this section, emergency snow parking regulations as to arterial streets in the city shall mean there shall be no parking on the odd numbered side of any arterial street from nine o'clock (9:00) P.M. to nine o'clock (9:00) A.M. and there shall be no parking on the even numbered side of any arterial street from nine o'clock (9:00) A.M. to nine o'clock (9:00) P.M. These emergency snow parking regulations shall include those arterial streets where parking is prohibited at any time on one side of the arterial street. These emergency snow parking regulations shall not apply to those arterial streets where parking is prohibited on both sides of such arterial street at any time. 1. The provisions of this section shall supersede all other parking regulations in force and posted on any arterial street during such emergency and shall require no posting of the emergency no parking snow regulations as to arterial streets. 2. Arterial streets shall be such streets as are designated as such from time to time. (Ord. 44-08, 6-16-2008) 9-14-321.684: PARKING LOTS: No "vehicle", as defined in this title, shall be parked upon or in any parking lot owned by the city upon which snow plowing or snow removal equipment is operating, and upon the erection of such signs, parking thereon shall be prohibited until such signs shall be removed at the direction of the city manager. (Ord. 44-08, 6-16-2008) City of Dubuque 9-14-321.685 9-14-321.703 9-14-321.685: REMOVAL OF OBSTRUCTING VEHICLES: A. Authorized: Any vehicle located or parked within the limits of any street in the city or parked in or upon any city owned parking lot which is substantially interfering with the prompt and orderly plowing or removal of snow or ice from such streets or such parking lot in violation of this division is hereby declared to be a nuisance and may be towed or removed by or under the direction of the city manager to any place designated by the city manager for safekeeping. B. Compliance: The towing and storage of vehicles parked in violation of this division shall be in accordance with sections 9-15-321.770, 9-15-321.771, and 9-15-321.772 of this title. (Ord. 44-08, 6-16-2008) 9-14-321.686 — 9-14-321.699: RESERVED: (Ord. 44-08, 6-16-2008) DIVISION 6. PARKING SPACES FOR THE DISABLED 9-14-321.700: PURPOSE: The purpose of this division is to establish permanent parking for disabled persons. (Ord. 44-08, 6-16-2008) 9-14-321.701: FINDINGS OF FACT: The city council finds there is a need for permanent parking places for disabled persons in order that various facilities, businesses, and residences within the city will be accessible to and be functional for disabled persons. (Ord. 44-08, 6-16-2008) 9-14-321.702: SPECIAL PARKING PLACES DESIGNATED: The city manager is hereby authorized to designate such special parking places for disabled persons as may be necessary to carry out the provisions of this division. (Ord. 44-08, 6-16-2008) 9-14-321.703: DESIGNATION OF PARKING PLACES GENERALLY; SPECIFICATIONS FOR ANGULAR PARKING FOR DISABLED PERSONS: A. Special parking places are hereby set aside as special parking places for disabled persons and shall be designated as special City of Dubuque 9-14-321.703 9-14-321.705 parking places only for parking motor vehicles displaying a special identification device issued by an official state or federal agency. B. Angular parking places designated for disabled person parking shall have a parking place width of at least eight feet (8') with an additional adjacent access aisle of a minimum five feet (5') in width to provide for access to and from the parking space by disabled persons who are confined to wheelchairs or need the use of walkers or crutches for mobility. Where such angular parking spaces are designated "van accessible", the width of the angular parking place shall be at least eight feet (8') with an additional adjacent access aisle of a minimum eight feet (8') in width. (Ord. 44-08, 6-16-2008) 9-14-321.704: DISABILITY SIGNS REQUIRED: A. Parking spaces designated as special parking places for disabled persons shall be identified with the disability parking sign on a vertical post bearing the international symbol of accessibility; the fine is one hundred dollars ($100.00) for improper use. B. Any person who owns or leases rental property in the city and is required to provide disabled parking by the Iowa Code shall identify each parking space with a disability parking sign bearing the international symbol of accessibility; the fine is one hundred dollars ($100.00) for improper use. (Ord. 44-08, 6-16-2008) 9-14-321.705: PROHIBITED USE OF PARKING PLACES OR IDENTIFI- CATION DEVICES: A. The use of a disabled person space, including the access aisle, located on either public or private property, by a motor vehicle not displaying a special identification device issued by an official state or federal agency, or by a motor vehicle displaying such a device but not being used by a disabled person, as operator or passenger, is prohibited and is a misdemeanor for which a fine may be imposed upon the owner, operator, or lessee of the motor vehicle. The fine for each violation shall be one hundred dollars ($100.00). B. Each motor vehicle authorized to use a disabled person space shall be parked within such parking spaces as are established and designated by appropriate markings. Each motor vehicle authorized to use a disabled person space when operated or moved therein and therefrom shall be operated or moved within the traffic lanes City of Dubuque 9-14-321.705 9-14-321.708 established and designated by appropriate markings. It shall be prohibited for any person to cause, allow, or permit any motor vehicle to park across, blocking or within the accessible access aisle of a disabled person parking space. The fine for each violation shall be one hundred dollars ($100.00). (Ord. 75-08, 11-3-2008) 9-14-321.706: AUTHORITY TO IMPOUND VEHICLES PARKING IN VIOLATION OF CHAPTER: A. Any motor vehicle located or parked in a special parking place designated for disabled persons in violation of section 9-14-321.705 of this chapter may be towed or removed by or under the direction of the city manager. B. The towing and storage of motor vehicles parked in violation of this division shall be in accordance with sections 9-15-321.770, 9-15-321.771 and 9-15-321.772 of this title. (Ord. 44-08, 6-16-2008) 9-14-321.707: BUSINESS DISTRICT: A. There is hereby established a business district, pursuant to Iowa Code section 321L.5(4)(a), for the purpose of allocating disabled person parking spaces within said district. B. The said business district shall be defined as municipal parking lots and the parking meter district as described in sections 9-14-321.643 and 9-14-321.666 of this chapter. (Ord. 44-08, 6-16-2008) 9-14-321.708: TEMPORARY DISABLED PERSON PARKING METER HOODS: A. Temporary disabled person parking meter hoods may be leased to churches and nonprofit organizations for services or events in the parking meter district only when additional temporary parking stalls are required to accommodate disabled persons. B. Parking meter hoods shall be white in color and be embossed with the international symbol of accessibility signifying utilization by a disabled person parking patron only. City of Dubuque TITLE 10 PUBLIC WAYS AND PROPERTY Subject Chapter Streets, Sidewalks And Other Public Places 1 Excavations 2 Encroachments On Public Places 3 Waste Collection Receptacles 3A Newsracks 3B Projecting Signs 3C Other Encroachments 3D Sidewalk Cafes 3E Parades And Assemblies 4 Parks And Recreation 5 Administration 5A Use Regulations 5B Specific Parks 5C Railroads 6 Boats, Boating And Waterfront Structures 7 City of Dubuque 11-4-20 11-4-23 11-4-20: CURE OF DEFAULTS: If either party determines there is a default under this franchise, the other party shall be given written notice describing the default in detail, whether a forfeiture or termination of the franchise will be sought and where curable a reasonable time to cure the default which shall not be less than thirty (30) nor more than one hundred eighty (180) days. (Ord. 43-93, 7-19-1993) 11-4-21: RESERVATION OF HOME RULE POWERS: This chapter is intended to be and shall be construed as consistent with the reservation of local authority contained in the twenty fifth amendment to the Iowa constitution granting municipalities home rule powers. To such end, any limitation on the power of the city is to be strictly construed and the city reserves to itself the right to exercise all power and authority to regulate and control its local affairs, and all ordinances and regulations of the city shall be enforceable against the company unless, and only to the extent, they are irreconcilable with any rights granted the company under this franchise. (Ord. 43-93, 7-19-1993) 11-4-22: ACQUISITION AT EXPIRATION: If at the expiration of this franchise the company wishes no longer to operate the gas service system within the city or to sell, assign or lease the system to a third party, then the company shall upon the city's request, given not earlier than one hundred eighty (180) days before expiration or more than ninety (90) days after, sell the gas distribution system to the city at a price determined by a mutually agreeable appraiser, or if the parties cannot, within sixty (60) days of notice, agree upon an appraiser, then they shall each appoint an appraiser and the appraisers shall appoint a third, the price shall then be the price the appraisers agree upon, or if they do not agree within sixty (60) days of being appointed, the price shall be the average of the two (2) appraisals which are closest in dollar amount. (Ord. 43-93, 7-19-1993) 11-4-23: FRANCHISE FEE: A. Effective October 1, 2003, and for the term of the franchise granted by ordinance 43-93, there is hereby imposed upon the company a fee equal to two percent (2%) of the gross revenue generated from the sale of natural and mixed gas within the city of Dubuque. B. The company shall on the fifteenth day of each month, commencing November 15, 2003, provide to the city manager in a form accept - City of Dubuque 11-4-23 11-4-23 able to the city manager records establishing the gross revenues from the sale of natural and mixed gas by the company within the city of Dubuque for the preceding month and shall pay the fee to the city within thirty (30) days following the last day of the preceding month. C. The fee imposed by subsection A of this section shall not apply to any sale of natural and mixed gas by the company that is exempt under Iowa Code section 422.45 from the tax imposed by Iowa Code section 422.43. The city shall, prior to October 1, 2003, and thereafter as persons on the exemption list are changed by the city, provide the company with a list of the names of persons who are exempt from the fee and in computing the amount of the fee, the company shall not include any sales to such persons. Notwith- standing the foregoing, the fee imposed herein shall apply to all sales of electricity by the company to residential customers. The city manager shall provide a procedure for the rebate of the fee to persons who are partially exempt under Iowa Code section 422.45 from the tax imposed by Iowa Code section 422.43 for sales of natural and mixed gas to the company's customers. D. If for any reason the time and manner of collecting, or any aspect of the franchise fee, is challenged by or before the Iowa utilities board, company shall promptly give notice to city and the company shall, in any case, diligently and continuously exercise its efforts to sustain said fee and payments and the time and manner of its collection. If at any time the Iowa utilities board, or any other authority having proper jurisdiction, prohibits the city from imposing the franchise fee called for herein, the company will no longer be obligated to collect and pay the franchise fee herein. The city agrees to save harmless the company, its employees or agents from and against all claims, demands, losses and expenses arising out of the collection of the franchise fee from the company's customers or in remitting the franchise fee amounts collected to the city; provided, however, that the city shall not be required to save harmless the company from claims, demands, losses and expenses arising out of the negligence of the company, its employees or agents. E. The amount billed by the company for the sale of natural gas or mixed gas to its customers may be adjusted for any net write off of uncollectible accounts and corrections of bills theretofore rendered, and past or future franchise fees remitted to the city may be adjusted accordingly by the company to reflect the lawful or necessary City of Dubuque 11-4-23 11-4-25 correction to billing and collection from its customers for natural gas sold within the corporate limits of the city. F. The city shall provide copies of annexation ordinances to the company on a timely basis to ensure appropriate franchise fee collection from customers within the corporate limits of the city. (Ord. 22-04, 4-5-2004) 11-4-24: ADOPTION: This franchise, following its passage, its ratification by a majority of the qualified voters of the city, voting at an election called for the purpose of voting thereon, and its publication by law provided, shall become effective upon its acceptance by the company and shall effectively supersede and cancel ordinance 17-68, being the prior gas franchise held by the company. (Ord. 43-93, 7-19-1993) 11-4-25: ACCEPTANCE OF ORDINANCE 43-93: I/We, the undersigned officer/s of Peoples Natural Gas Company, Division Of Utilicorp United Inc., a corporation, having read the terms and conditions of Ordinance No. 43-93, attached hereto and made a part hereof, and being familiar with the terms and conditions contained therein, hereby accept Ordinance No. 43-93 as approved by the electorate of the City Of Dubuque, Iowa, on August 24, 1993, and agree to perform the terms and conditions contained herein. Dated At Omaha, Nebraska this 8th day of September, 1993. Attest: /s/ James R. Talcott Assistant Secretary By PEOPLES NATURAL GAS COMPANY Division of Utilicorp United Inc. /s/ Melvin J. Semrad Name Typed Melvin J. Semrad Title Sr. Vice President ACKNOWLEDGEMENT AND VERIFICATION OF ACKNOWLEDGEMENT OF FILING OF ACCEPTANCE OF FRANCHISE City of Dubuque 11-4-25 11-4-25 The receipt and filing of the foregoing Acceptance of Franchise pursuant to the provisions of Ordinance No. 43-93, of the City Of Dubuque, is hereby acknowledged and verified this 14th day of September, 1993. (Ord. 43-93, 7-19-1993) City of Dubuque /s/ Mary A. Davis/Clerk 11-5A-21 11-5A-23 11-5A-21: RESERVATION OF HOME RULE POWERS: This article is intended to be and shall be construed as consistent with the reservation of local authority contained in the twenty fifth amendment to the Iowa constitution granting municipalities home rule powers. To such end, any limitation on the power of the city is to be strictly construed and the city reserves to itself the right to exercise all power and authority to regulate and control its local affairs and all ordinances and regulations of the city shall be enforceable against the company unless, and only to the extent, they are irreconcilable with any rights granted the company under this article. (Ord. 58-93, 10-4-1993) 11-5A-22: ACQUISITION AT EXPIRATION: If at the expiration of this franchise the company wishes to abandon the electric service system within the city, and subject to any approval required by statute, the company shall, upon the city's request, given not earlier than one hundred eighty (180) days before expiration or more than ninety (90) days after, sell the electric distribution system to the city at a price determined by a mutually agreeable appraiser, or if the parties cannot, within sixty (60) days of notice, agree upon an appraiser, then they shall each appoint an appraiser and the appraisers shall appoint a third, the price shall then be the price the appraisers agree upon, or if they do not agree within sixty (60) days of being appointed, the price shall be the average of the two (2) appraisals which are closest in dollar amount. This provision shall not apply, however, to sales, assignments, or transfers made pursuant to a corporate reorganization, divestiture, or consolidation, or to a sale of all or substantially all of the electric distribution properties of Interstate Power Company. (Ord. 58-93, 10-4-1993) 11-5A-23: FRANCHISE FEE: A. Effective October 1, 2003 and for the term of the franchise granted by ordinance 58-93, there is hereby imposed upon the company a fee equal to two percent (2%) of the gross revenue generated from the sale of electricity within the city of Dubuque. B. The company shall on the fifteenth day of each month, commencing November 15, 2003, provide to the city manager in a form acceptable to the city manager records establishing the gross revenues from the sale of electricity by the company within the city of Dubuque for the preceding month and shall pay the fee to the city within thirty (30) days following the last day of the preceding month. City of Dubuque 11-5A-23 11-5A-24 C. The fee imposed by subsection A of this section shall not apply to any sale of electricity by the company that is exempt under Iowa Code section 422.45, from the tax imposed by Iowa Code section 422.43, and in computing the amount of the fee, the company shall not include such sales, unless it is impracticable to do so, in which event the city manager may provide for a rebate of the amount of the fee for such exempt sales of electricity to the company's customers. Notwithstanding the foregoing, the fee imposed herein shall apply to all sales of electricity by the company to residential customers. (Ord. 21-04, 4-5-2004) 11-5A-24: ADOPTION: This article, following its passage, its ratification by a majority of the qualified voters of the city, voting at an election called for the purpose of voting thereon, and its publication by law provided, shall become effective upon its acceptance by the company and shall effectively supersede and cancel ordinance 57-68, being the prior electric franchise held by the company. (Ord. 58-93, 10-4-1993) City of Dubuque 11-5B-22 11-5B-23 11-5B-22: ACQUISITION AT EXPIRATION: If at the expiration of this franchise the company wishes to abandon the electric service system within the city and subject to any approval required by statute, the company shall, upon the city's request, given not earlier than one hundred eighty (180) days before expiration or more than ninety (90) days after, sell the electric distribution system within the city which is used exclusively to provide service to the consumers of the company located within the city to the city at a price determined by a mutually agreeable appraiser, or if the parties cannot within sixty (60) days of notice agree upon an appraiser, then they shall each appoint an appraiser and the appraisers shall appoint a third. The price shall then be the price the appraisers agree upon, or if they do not agree within sixty (60) days of being appointed, the price shall be the average of the two (2) appraisals which are closest in dollar amount. This provision shall not apply, however, to sales, assignments, or transfers made pursuant to a corporate reorganization, divestiture, or consolidation, or to a sale of all or substantially all of the electric distribution properties of the company. (Ord. 20-04, 4-5-2004) 11-5B-23: FRANCHISE FEE: Effective on billings after May 1, 2004, (energy sold after approximately March 28), and for the term of this franchise, the company shall pay to the city a fee equal to two percent (2%) of the gross revenue generated from the sale of electricity within the city of Dubuque. The city shall provide company with a map depicting its current corporate boundaries and shall notify company of any changes to the same. The company shall on the fifteenth day of each month, commencing May 15, 2004, provide to the city manager in a form acceptable to the company and the city manager records establishing the gross revenues from the sale of electricity by the company within the city of Dubuque for the preceding month and shall pay the fee to the city within thirty (30) days following the last day of the preceding month. The fee imposed herein shall not apply to any sale of electricity by the company that is exempt under Iowa Code section 422.45 from the tax imposed by Iowa Code section 422.43, and in computing the amount of the fee, the company shall not include such sales, unless it is impracticable to do so, in which event the city manager may provide for a rebate of the amount of the fee for such exempt sales of electricity to the company's customers. Notwithstanding the foregoing, the fee imposed herein shall apply to all sales of electricity by the company to residential customers. City of Dubuque 11-5B-23 11-5B-24 The city council reserves the right by amendment to this article to increase or decrease the amount of such franchise fee as it determines to be in the public interest. (Ord. 20-04, 4-5-2004) 11-5B-24: ADOPTION: This article, following its passage, shall become effective upon its acceptance by the company and publication as required by law. (Ord. 20-04, 4-5-2004) City of Dubuque TABLE OF CONTENTS TITLE 1 Administration Dubuque City Code 1 Saving Clause 2 Definitions 3 General Penalty 4 Charter 5 Mayor And City Council 6 Rules And Procedure 6A City Officers And Employees 7 Elections, Precincts And Wards 8 Evidentiary Hearings By City Council 9 Miscellaneous Administrative Provisions 10 Emergency Succession During Disaster 11 TITLE 2 Boards And Commissions Hearings And Appeals 1 Civil Service Commission 2 Investment Oversight Advisory Commission 3 Civic Center Advisory Commission 4 Housing Agency And Community Development Commissions 5 Municipal Housing Agency And Governing Board (Rep. by Ord. 26-09, 6-1-2009) 5A Housing Commission 5B Community Development Advisory Commission 5C Trust Fund Advisory Committee 5D Environmental Stewardship Advisory Commission 6 Board Of Library Trustees 7 Arts And Cultural Affairs Advisory Commission 8 TITLE 3 Revenue And Taxation Property Tax 1 Revitalization Areas 2 Hotel And Motel Tax 3 Economic Development 4 Industrial Projects 4A Enterprise Zone Commission 4B Speculative Shell Buildings Of Community Development Organizations And For Profit Entities 4C Residential Relocation Assis- tance Program 4D TITLE 4 Business And License Regulations Business Licenses Generally 1 Liquor Control 2 Alcoholic Beverages 2A Liquor, Beer And Wine Licenses And Permits 2B Excursion Boat Admission Fees 3 Central Market 4 Door To Door Sales 5 Junk And Secondhand Dealers And Pawnbrokers 6 Vehicles For Hire And Public Transportation 7 Nonmotorized Vehicles 7A Motorized Vehicles For Hire . 7B Adult Entertainment Establish- ments 8 Peddlers And Transient Merchants 9 TITLE 5 Transit System Transit Advisory Board; General Provisions City of Dubuque October 2009 1 TITLE 6 Health, Housing, Sanitation And Environment Health And Safety Regulations 1 Food Establishments And Hotel Sanitation 2 Ambulances 3 Nuisances 4 Noises 5 Housing Regulations 6 Hazardous Waste, Substances And Conditions 7 Trees And Weeds 8 Fire Prevention Regulations 9 TITLE 7 Police, Fire And Public Safety Police Department 1 Fire Department 2 Emergency Management 3 Alarm System Permits 4 Offenses 5 General Offenses 5A Drug Paraphernalia 5B Crime Property 5C Animal Control 6 Miscellaneous Provisions 6A Dogs And Cats 6B Rabies Control 6C Dangerous Animals 6D Potentially Vicious Dogs 6E Bicycles 7 TITLE 8 Human Rights Definitions; General Provisions .. Human Rights Commission October 2009 Unfair And Discriminatory Practices 3 Disability Discrimination 3A Enforcement Of Civil Rights 4 Fair Housing 5 TITLE 9 Motor Vehicles And Traffic General Provisions 1 Registration, Certification Of Title, And Proof Of Security Against Financial Liability 2 Special Antitheft Law 3 Drivers' Licenses 4 Obedience To And Effect Of Traffic Laws 5 Powers Of Local Authorities 6 Operation 7 Pedestrians' Rights And Duties 8 Special Stops Required 9 Miscellaneous Rules 10 School Buses 11 Equipment 12 Size, Weight And Load 13 Parking 14 Impoundment Of Vehicles 15 Miscellaneous City Provisions . 16 TITLE 10 Public Ways And Property Streets, Sidewalks And Other Public Places 1 Excavations 2 Encroachments On Public Places 3 Waste Collection Receptacles .. 3A Newsracks 3B Projecting Signs 3C 1 Other Encroachments 3D 2 Sidewalk Cafes 3E City of Dubuque TITLE 10 (cont.) Parades And Assemblies 4 Parks And Recreation 5 Administration 5A Use Regulations 5B Specific Parks 5C Railroads 6 Boats, Boating And Waterfront Structures 7 TITLE 11 Rights Of Way Nonfranchised Communications Systems Cable Right Of Way Regulations 2 Cable Communications 2A Open Video Systems 2B Cable Television 3 Cable Franchise Agreement . Community Tele -Programming Commission 3B Cable Regulatory Commission Rates And General Regulations 3D Cable Services Customer Service Standards Gas Franchise Electric Franchises Interstate Power Company Maquoketa Valley Electric Cooperative TITLE 13 Public Utilities Water Use And Service 1 Connections 1A Water Meters 1B Rates 1C Cross Connection Control 1D Sewers And Sewage Disposal 2 Discharge Regulations 2A Private Disposal Systems; Private Haulers 2B Rates 2C Industrial Pretreatment Program 2D Gas Main Connections 3 Stormwater Management 4 1 Illicit Connections And Discharges To Storm Sewer System 5 Solid Waste 6 City Or Private Collection 3A Service 6A 3C TITLE 14 Building And Development TITLE 12 Airport Administration And Enforcement General Regulations Airport Zoning Regulations 3E Building Codes 1 4 Building Code And Regulations 1A 5 Residential Code 1B 5A Energy Conservation Code 1C Electrical Code 1D 5B Fire Code And Regulations 1 E Mechanical Code 1F Fuel Gas Code 1G Plumbing Code 1H Accessibility Code For Readily Achievable Changes 11 Building Construction, Demoli- tion And Moving 2 1 Dangerous Buildings 3 2 Licensing Of Vacant And/Or 3 Abandoned Buildings 4 October 2009 City of Dubuque TITLE 14 (cont.) Historic Buildings Historic Preservation Condominium Conversions Exterior Storage Containers And Storage Trailers 8 Swimming Pools 9 Signs 10 Flood Areas 11 Erosion And Sediment Control 12 5 6 7 TITLE 15 Planning And Zoning Comprehensive Plan 1 Long Range Planning Advisory Commission 2 Zoning Advisory Commission 3 TITLE 16 Subdivisions Definitions And General Subdivision Regulations 1 Platting Procedures 2 Design And Improvement Standards 3 INDEX APPENDIX A Zoning Introduction 1 General Provisions 2 District Regulations 3 Supplemental Provisions 4 Administration And Enforcement 5 October 2009 Zoning Reclassification And Text Amendment Procedure 6 Fee Schedule 7 Definitions 8 Adoption And Repeal Of Conflicting Ordinances 9 City of Dubuque 13-1C-1 13-1C-1 SECTION: 13-1C-1: 13-1C-2: 13-1C-3: 13-1C-4: CHAPTER 1 WATER USE AND SERVICE ARTICLE C. RATES Residential, Commercial, Industrial And All Other Uses Fire Sprinkler Service Construction Use Payment Of Bills 13-1C-1: RESIDENTIAL, COMMERCIAL, INDUSTRIAL AND ALL OTHER USES: A. Rates Established: The rates to be charged for water for residential, commercial, industrial and all other uses and purposes by any person, firm or corporation within the city shall be based on units of one hundred (100) cubic feet (748 gallons) as follows: Monthly Consumption (In Hundred Of Cubic Feet) Charge Per Hundred Cubic Feet First 30 $2.12 Next 120 1.73 Next 350 1.61 Next 500 1.42 Next 1,000 1.25 Rates shall be subject to the following minimum monthly charge according to the size of the meter: Meter Size (Inches) Monthly Consumption (In Hundred Of Cubic Feet) Minimum Charge 5/8 2 $ 4.24 3/4 5 10.61 October 2009 City of Dubuque 13-1C-1 13-1C-1 Meter Size (Inches) Monthly Consumption (In Hundred Of Cubic Feet) Minimum Charge 1 8 $ 16.97 11/2 26 55.17 2 46 91.34 3 106 195.16 4 168 300.22 6 368 621.58 8 625 1,011.36 A property owner shall pay a thirty dollar ($30.00) disconnect fee for water service that is disconnected by city staff (meter not in service). When a tenant account is subject to disconnection due to delin- quency, the tenant shall pay the thirty dollar ($30.00) disconnect fee. A five dollar ($5.00) minimum monthly charge will be assessed for meters not in service. (Ord. 46-09, 9-17-2009) B. Rates Outside City Limits: The rates to be charged for water supplied by the city to residential, commercial, industrial and other uses and purposes by any person outside the corporation limits of the city, shall be at one hundred fifty percent (150%) of the rates set forth in subsection A of this section. C. Estimated Billings: For all meters in service, bills will be issued monthly. When a meter is not read monthly for any reason, bills will be issued on estimated consumption. For estimated billings, either on alternate months or when readings are not obtainable for any reason, consumption will be predicated on the monthly average of past usage for the meter. For estimated bills issued for an account in which historical data is not available, billing will be predicated on the minimum charge and related consumption identified for the size of the meter in service for the particular account. D. Adjustments From Estimated Readings: Adjustments from estimated readings will be made when an actual meter reading is obtained. The adjustment will be reflected on the user's next regular bill. (2007 Code § 44-201) October 2009 City of Dubuque 13-1C-2 13-1C-3 13-1C-2: FIRE SPRINKLER SERVICE: Customers who have fire sprinkler service shall be billed for this service on a monthly basis. The monthly charge shall be as follows: Number Of Heads Current Monthly Charges Up to 200 (minimum monthly charge) $12.94 200 - 299 15.53 300 - 399 18.10 400 - 599 20.69 600 - 799 23.27 800 - 999 25.87 1,000 - 1,199 28.46 1,200 - 1,399 31.02 1,400 - 1,599 33.62 1,600 - 1,799 36.21 1,800 - 1,999 38.78 2,000 - 2,199 41.37 2,200 - 2,399 43.94 2,400 - 2,599 46.55 2,600 - 2,799 49.13 2,800 - 2,999 51.78 3,000 - 3,500 54.30 Over 3,500 (for each additional 500 heads or fraction thereof) 2.59 (Ord. 13-09, 3-9-2009, eff. 7-1-2009) 13-1C-3: CONSTRUCTION USE: A. Application For Temporary Water Service; Deposit: When a tempo- rary water service is desired for construction work, application shall be made to the city manager. A deposit equal to the actual cost of City of Dubuque 13-1C-3 13-1C-4 the meter and fittings shall be paid in advance. The applicant shall guarantee payment of such water service charges and return said meter in good condition. B. Installation Of Meter: The applicant shall thereupon install a suitable meter, furnished by the city, and shall pay for all water furnished in accordance with the then prevailing water rates including minimum monthly charges. C. Payment Of Charge When Installation Of Meter Impractical: If it is the opinion of the city manager that placement of a meter is impractical, then the deposit for meter and fittings shall not be required, but a charge, as determined by the city manager, after official publication, shall be made, but under no circumstances shall water be used for sprinkling lawns, wetting down yards or compact- ing of soil unless a meter has been installed on the service, or arrangements have been made for such usage. D. Water Rate For Various Other Purposes: The rate for water charged for other purposes not mentioned herein, such as for circuses, carnivals, fairs, skating rinks, swimming pools, tank wagons and filling cisterns will be made by the city manager when application is made for the same at the water office. (2007 Code § 44-203) 13-1C-4: PAYMENT OF BILLS: A. Locations For Payment Of Bills: Payment of bills may be made at locations that have been designated by the city manager, after official publication. B. Due When Rendered: All utility bills are due when rendered. C. Late Payments; Procedure Upon Delinquency: 1. If a bill remains unpaid twenty five (25) days following the billing date, there shall be added to the bill a penalty of five percent (5%) of the total utility bill for late payment. 2. If bills are not paid within thirty (30) days following the billing date, the city reserves the right to discontinue water service to the delinquent customer by shutting off the water service. The water service shall not be restored until all current, delinquent, and penalty charges, in addition to a turn on charge, have been paid. City of Dubuque 13-1C-4 13-1C-4 3. If a delinquency exists for a rental property in excess of sixty (60) days, the owner shall assume responsibility for the future billings to such account. D. Lien For Nonpayment: 1. The city shall have a lien upon the real property served by the city's water system for all delinquent rates and charges. It shall be the duty of the city manager to certify such costs, plus the costs of administration to the county treasurer and all such costs shall then constitute a lien against said property and be collected with and in the same manner as general property taxes on said property. 2. Bills for water service charges shall be subject to a delinquency lien certification when the same are unpaid for a period of sixty (60) days after the due date. (Ord. 31-08, 5-5-2008) City of Dubuque 13-2C-1 13-2C-2 CHAPTER 2 SEWERS AND SEWAGE DISPOSAL ARTICLE C. RATES SECTION: 13-2C-1: Purpose 13-2C-2: Definitions 13-2C-3: Rates Established 13-2C-4: Areas Not Served By Public System 13-2C-5: Lien For Failure To Pay 13-2C-6: Cost Of Collection 13-2C-1: PURPOSE: It is hereby determined and declared to be necessary and conducive to the protection of the public health, safety, welfare and convenience of the city to levy and collect just and equitable charges, rates or rentals upon all lots, parcels of real estate and buildings that are connected directly or indirectly with the sanitary sewage system of the city, the proceeds of such charges or rentals so derived to be used for the purpose of constructing, operating, maintaining and repairing such sewage treatment plant. (2007 Code § 44-82) 13-2C-2: DEFINITIONS: The following words and terms, as used in this article, shall be deemed to mean and be construed as follows: CONTRIBUTOR: Any person responsible for the production of domestic, commercial or industrial waste which is directly or indirectly discharged into the city's sanitary sewer system. SEWAGE SERVICE CHARGE: Any and all rates, charges, fees or rentals levied against and payable by the contributors, including special contracts or agreements which have been or may be negotiated by and City of Dubuque 13-2C-2 13-2C-3 SEWAGE TREATMENT PLANT: between the city, commercial establishments, industries, manufacturing plants or corporations for the purpose of collecting rates, charges, fees or rentals. Any and all units of the municipal sewage treatment system owned and operated by the city, including the interceptor sewer system, the pumping stations delivering sewage to the plant and the outfall sewer system. WATER The city water department. (2007 Code § 44-81) DEPARTMENT: 13-2C-3: RATES ESTABLISHED: Contributors whose property lies within the corporate limits of the city, except as otherwise provided in this article, shall pay to the city at the same time payment for water services is made, a sewer service charge computed on water consumption on the following rates: A. Basic Charges: The sewer rates and charges shall be based on the quantity of water used on or in the property or premises. For all customers utilizing sewer service, bills will be issued on estimated consumption. For estimated billings, either on alternate months, or when a reading on a water meter is not obtainable for any reason, consumption will be predicated on the monthly average of the past usage for the metered account. For estimated bills issued for an account in which historical data is not available, billing will be predicated on the minimum charge and related consumption identified in subsection C7 of this section for the size of the water meter in service for the particular account. (2007 Code § 44-83) B. Schedule Of Rates: Rates per each one hundred (100) cubic feet shall be two dollars thirty seven cents ($2.37). (Ord. 14-09, 3-9-2009) C. Service Charge: 1. When a parcel of real estate, property or building discharging sanitary sewage, industrial wastes, water or other approved waste, either directly or indirectly into the city's sanitary sewer system, is not a user of water supplied by the city water division and the water used thereon or therein is not acceptable to the city, the amount of City of Dubuque 13-2C-3 13-2C-3 water used shall be determined by the city in such a manner as the city manager may elect to establish the rate of charge as provided in this article, or the owner or other interested parties at their expense, may install and maintain a meter acceptable to the city for said purposes. 2. When a parcel of real estate, property or building discharging sanitary sewerage, industrial wastes, water or other approved waste, either directly or indirectly into the city's sanitary sewer system, is a user of water supplied by the city water division and in addition uses water from another source which is not measured by a water meter or is measured by a water meter not acceptable to the city, the amount of water used shall be determined by the city in such a manner as the city manager may elect in order to establish the rate of charge as provided in this article, or the owner or other interested parties at their expense may install and maintain a meter acceptable to the city for said purposes. 3. When a parcel of real estate, property or building discharging sanitary sewage, industrial wastes, water or other approved waste, either directly or indirectly into the city's sanitary sewer system, is not a user of water supplied by the city water division, the amount of sanitary sewage, industrial wastes, water or other approved waste discharged into the sanitary sewer system shall be determined by the city in such a manner as the city manager may elect in order to establish the rate of charge as provided in this article, or the owner or other interested parties at their expense, may install and maintain a sewage meter acceptable to the city for said purposes. 4. The city council may, in its discretion, when applicable, permit connection to the city sanitary sewer system of properties located outside the corporate limits upon such terms and conditions as it may establish; provided, however, that such terms shall not be more favorable to such property than rates herein established for city users. 5. In order that the rates and charges may be modestly and equitably adjusted to the service rendered, the city shall have the right to base its charges not only on volume, but also on the strength and content of the sewage and wastes of the user. The city shall have the right to measure and determine the strength and content of all sewage and wastes discharged either directly or indirectly into the city's sanitary sewer system, in such manner and by such methods as it may deem practicable in the light of the conditions and circumstances of the case in order to determine the proper charge. City of Dubuque 13-2C-3 13-2C-5 Extra charges will be applicable and negotiated with users on an individual account basis when concentration of the sewage exceeds three hundred milligrams per liter (300 mg/I) of biochemical oxygen demand, three hundred fifty milligrams per liter (350 mg/I) of suspended solids or two percent (2%) or more of the flow rate into the sewage treatment plant. 6. The rates and charges may be billed the tenant and tenants occupying the properties served, unless otherwise requested in writing by the owners, but such billings shall in no way relieve the owner from liability in the event payment is not made as required in this article. (2007 Code § 44-83) 7. Where the quantity of water consumed is such that the minimum service is charged, the minimum sewer service charge, according to the size of the meter, shall be as follows: Meter Size (Inches) Minimum Charge Allowance (Cubic Feet) 5/8 $ 4.75 200 3/4 11.84 500 1 or larger 18.96 800 (Ord. 14-09, 3-9-2009) 13-2C-4: AREAS NOT SERVED BY PUBLIC SYSTEM: The rates, service charges, rentals or fees as provided in this article shall become effective at the time sewage from the contributors is first directed to the sanitary sewer system. At the time sanitary sewers are constructed in areas not now served by a sanitary sewer system, contributors shall be granted a reasonable time to make connection to the sewer. The effective date of the sewage service charge and the reasonable time to connect to the sanitary sewer system will be determined by the city manager. (2007 Code § 44-84) 13-2C-5: LIEN FOR FAILURE TO PAY: A. Lien For Delinquent Rates And Charges: The city shall have a lien upon the real property served by the sanitary system for all delinquent rates and charges. Bilis for sewage charges shall be City of Dubuque 13-2C-5 13-2C-6 delinquent when the same are unpaid for a period of twenty five (25) days following the billing date, and if not paid, a penalty of five percent (5%) shall be added to the sewage bill. B. Certification Of Charges: It shall be the duty of the city manager to certify the actual rates and charges to the city clerk who, in turn, shall certify such costs, plus the costs of administration to the county treasurer and all such costs shall then constitute a lien against said property and be collected with and in the same manner as general property taxes on said property. (Ord. 30-08, 5-5-2008) 13-2C-6: COST OF COLLECTION: The actual cost of collecting and accounting for all sewer rentals or charges shall be a part of the cost of operating the sewage treatment plant. The cost shall be paid from the sewage funds to the collection agent upon the city manager's certificate certifying to the amount. (2007 Code § 44-87) City of Dubuque TITLE 14 BUILDING AND DEVELOPMENT Subject Chapter Building Codes 1 Building Code And Regulations 1A Residential Code 1 B Energy Conservation Code 10 Electrical Code 1 D Fire Code And Regulations 1 E Mechanical Code 1 F Fuel Gas Code 1 G Plumbing Code 1 H Accessibility Code For Readily Achievable Changes 1I Building Construction, Demolition And Moving 2 Dangerous Buildings 3 Licensing Of Vacant And/Or Abandoned Buildings 4 Historic Buildings 5 Historic Preservation 6 Condominium Conversions 7 Exterior Storage Containers And Storage Trailers 8 Swimming Pools 9 Signs 10 Flood Areas 11 Erosion And Sediment Control 12 City of Dubuque 14-2-1 14-2-1 CHAPTER 2 BUILDING CONSTRUCTION, DEMOLITION AND MOVING SECTION: 14-2-1: 14-2-2: 14-2-3: 14-2-4: 14-2-5: 14-2-6: 14-2-7: 14-2-8: 14-2-9: 14-2-1: Permit Required Application For Permit Permit Issuance; Generally Moratorium For Construction Or Other Work On Certain Streets, Areas Or Facilities Fees Special Provisions Insurance Requirements Special Requirements Enforcement PERMIT REQUIRED: A. Permit Required: It shall be unlawful for any person, firm or corporation to: 1) demolish a building or portion thereof; or 2) move a building from one location to another across private or public property; or 3) use or occupy the streets or public property for the purpose of erecting, constructing, enlarging, altering, repairing or remodeling a building or structure; or 4) for storing or using materials, machinery or equipment in relation thereto; or for engaging in building construction, demolition or related operations on adjacent streets or public property, within the city, unless such person shall have obtained a permit therefor from the building services division in compliance with the provisions of this chapter and of the building code. B. Definitions: For the purpose of this chapter, the following terms, phrases, words and their derivations shall have the meaning given hereto: BUILDING: Any structure used or intended for supporting or sheltering any use or occupancy including all City of Dubuque 14-2-1 14-2-2 public or private garages, barns, sheds, resi- dential, commercial, educational, institutional or industrial uses and any accessories thereto. (2007 Code § 11-56) 14-2-2: APPLICATION FOR PERMIT: A. Application: To obtain a permit, the applicant shall first file an application therefor in writing on a form furnished by the building services division. Every such application shall: 1. Identify and describe the work to be covered by the permit for which application is made. 2. Describe the land on which the proposed work is to be done, by legal description, street address or similar description that will readily identify and definitely locate the proposed work. 3. Indicate the use or occupancy for which the proposed work is intended. 4. Be accompanied by plans, diagrams, computations and specifications and other data as required in subsection B of this section. 5. Be signed by permittee, or the permittee's authorized agent who may be required to submit evidence to indicate such authority. 6. Be accompanied by proof of insurance as required by this chapter for the type of permit desired. 7. Give such other data and information as may be required by the building official. B. Plans And Specifications: Plans, engineering calculations, diagrams and other data shall be submitted in one or more sets with each application for a permit. The building official may require plans, computations, diagrams and specifications to be prepared and designed by an architect or engineer licensed by the state to practice as such. Exception: The building official may waive the submission of plans, calculations, etc., if the building official finds that the nature of the work applied for is such that reviewing of plans is not necessary to obtain compliance with this chapter. City of Dubuque 14-2-2 14-2-3 C. Information On Plans And Specifications: Plans, specifications and diagrams shall be drawn to scale upon substantial paper or cloth and shall be of sufficient clarity to indicate the location, nature and extent of the work proposed and show in detail that it will conform to the provisions of this chapter and all relevant laws, ordinances, rules and regulations. (2007 Code § 11-57) D. Construction On Bluff Land Or Land Adjacent To Bluffs: The application shall indicate whether the construction is on bluff land or land adjacent to a bluff. If the construction is on bluff land or land adjacent to a bluff, prior to the issuance of a permit, the building official may require the developer to fund an engineering study or studies, to determine whether the bluff land, land adjacent to a bluff, or adjacent bluff is sufficiently stable to allow for the construction or use. If the building official determines, based upon the engineering study or studies, that the bluff land, land adjacent to a bluff, or adjacent bluff is not sufficiently stable to allow for the construction or use, the building official may require as a condition of the issuance of the permit such stabilization or other measures as the engineering study or studies recommend to make the bluff land, land adjacent to a bluff, or adjacent bluff sufficiently stable to allow for the construction or use. (Ord. 21-07, 4-16-2007) E. Notice To Adjacent Property Owners: The building official shall direct that the applicant send, not less than ten (10) days after the filing of the application, a notice of the filing of the application by first class mail to all owners of property adjacent to the property for which the permit is issued, describing the demolition and the date when demolition will commence. Prior to the issuance of the permit, the building official shall verify with the applicant that the required notice was sent. (Ord. 62-08, 10-6-2008) 14-2-3: PERMIT ISSUANCE; GENERALLY: A. Issuance: 1. The application, proof of insurance, plans, specifications, diagrams and other data filed by an applicant for a permit shall be reviewed by the building official. Such plans shall also be reviewed by other departments and divisions of the city to verify compliance with any applicable laws or requirements under their jurisdiction. If the building official finds that the work described in an application for a permit and the plans, specifications, diagrams and other data filed therewith conform to the requirements of this chapter and other City of Dubuque 14-2-3 14-2-3 pertinent laws and ordinances, and that the fees as established by the city manager have been paid, the building official shall issue the permit together with any special conditions which may be attached to and made a part of the permit. 2. Approved plans, specifications and diagrams shall not be changed, modified or altered without authorization from the building official, and all work shall be done in accordance with the approved plans, specifications and diagrams. B. Validity: The issuance or granting of a permit shall not be construed to be a permit for, or an approval of, any violation of any of the provisions of this chapter or of the Dubuque building code. No permit presuming to give authority to violate or cancel the provisions of this chapter or code shall be valid, except insofar as the work or use which it authorized is lawful. C. Expiration: 1. Every permit issued by the building official under the provisions of this chapter shall expire by limitation and become null and void if the moving or demolition of the building or structure, or the use of the public property, is not accomplished during the period of time which is stated on the permit. Such work or use of public property shall cease upon expiration of the permit and shall not be recommenced until a new permit has been obtained by revising or renewing the original application and by payment of a new fee. 2. Every moving permit shall be valid only on the moving date or dates written on the permit. In those instances wherein the moving contractor was unable to move the building on the specified moving date, the building official is authorized to change said moving date; provided, that the moving contractor shall obtain the approval of other city officials in the same manner as required for the original moving permit; and further provided, that a fee as established by the city manager for changing the moving date has been paid to the building department. 3. Every demolition permit shall expire thirty (30) days from the date of issue, unless the building is part of a demolition project which, because of its complexity or proportions, will require more time, in which instance the original permit may be issued for the approved term of the demolition schedule. Each demolition permit may be renewed for successive additional periods of thirty (30) days; City of Dubuque 14-2-3 14-2-4 provided, that a fee is paid for each renewal in the same amount as the original demolition permit fee. 4. Every permit for the use of streets or public property shall expire on the last day for which the permit was issued, as described on said permit, and shall be renewed upon the payment of an additional fee to the building department, as established by the city manager. Failure to renew the permit for the use of streets or public property shall be considered as due cause for the building official to order all barricades or fences removed and the public property returned to public availability and use. D. Suspension Or Revocation: The building official may, in writing, suspend or revoke a permit issued under the provisions of this chapter whenever the permit is issued in error, on the basis of incorrect information supplied, failure to comply with permit conditions, or in violation of any ordinance. (2007 Code § 11-58) 14-2-4: MORATORIUM FOR CONSTRUCTION OR OTHER WORK ON CERTAIN STREETS, AREAS OR FACILITIES: A. Iowa 32 (Southwest Arterial) Corridor: The building official shall not issue any permit for any new construction or substantial enlarge- ment, alteration, repair or remodeling of any structure, building, or sign in the Iowa 32 (southwest arterial) corridor but not to include demolition, as delineated on drawings on file in the city clerk's office, from the effective date hereof to July 1, 2010, except where a vested right to the issuance of such permit accrued prior to the effective date hereof. (Ord. 41-08, 6-16-2008) B. West 32nd Street Detention Basin Area: The building official shall not issue any permit for any new construction or substantial enlargement, alteration, repair or remodeling, but not including demolition, of any structure, building, or sign in the West 32nd Street detention basin area as shown on the map on file in the office of the city clerk, 50 West 13th Street, Dubuque, Iowa, during the period from the date of publication of ordinance 8-04 to August 1, 2005, except where a vested right to the issuance of such permit accrued prior to February 16, 2004. (2007 Code § 11-58.4) C. Bee Branch Creek Restoration Alignment Study Area: The building official shall not issue any permit for any commercial construction or for any new residential construction, including a new house or new garage, but not including demolition and emergency repairs, without City of Dubuque 14-2-4 14-2-4 the approval of the city council in the Bee Branch Creek restoration alignment area as shown on the map on file in the office of the city clerk, 50 W. 13th Street, Dubuque, Iowa, during the period from the effective date of ordinance 85-04 through July 1, 2010, except where a vested right to the issuance of such permit accrued prior to December 19, 2003. (2007 Code § 11-58.5) D. Ethanol Plants, Ethanol Processing Facilities, Biodiesel Plants And Biodiesel Processing Facilities: 1. The building official shall not issue a permit for any new construction or substantial enlargement, alteration, repair or remodeling of any structure or building for the production of ethanol or biodiesel fuel or for the processing of ethanol or biodiesel fuel within the city from the effective date hereof to May 1, 2007, except where a vested right to the issuance of such permit accrued prior to the effective date hereof. 2. Any person, firm or corporation aggrieved or adversely affected by the building official's refusal to issue a permit pursuant to this moratorium shall appeal therefrom to the city council. The city council may direct the building official to issue a permit where the city council finds that the refusal to issue a permit would deprive the owner of the property of a vested right. (Ord. 69-06, 11-6-2006) E. Bluff Overlay District: 1. The building official shall not issue a permit for the construction of any new principal structures in the Bluff overlay district identified on exhibit A attached to ordinance 42-08 from the effective date hereof to August 1, 2008, except where a vested right to the issuance of such permit accrued prior to the effective date hereof. (Ord. 37-08, 6-2-2008; amd. Ord. 42-08, 6-16-2008) 2. Any person, firm or corporation aggrieved or adversely affected by the building official's refusal to issue a permit pursuant to this moratorium shall appeal therefrom to the city council within thirty (30) days after the building official's refusal to issue. The city council may direct the building official to issue a permit where the city council finds that the refusal to issue a permit would deprive the owner of the property of a vested right. (Ord. 37-08, 6-2-2008) City of Dubuque 14-2-5 14-2-6 14-2-5: FEES: A. Generally: A fee for each moving permit, demolition permit, or permit for the use of streets or public property shall be paid to the building official, as established by the city manager. B. Starting Work Prior To Obtaining Permit: Where the moving of a building, the demolition of a building or the use of public property for which a permit is required by this chapter is started prior to obtaining said permit, the fees above specified shall be doubled, but the payment of such double fee shall not relieve any person from fully complying with the requirements of this chapter and the Dubuque building code in the execution of the work nor from other fees or penalties. (2007 Code § 11-59) 14-2-6: SPECIAL PROVISIONS: A. Transfer Of Permits Prohibited: Each moving permit, demolition permit or permit for use of public property shall not be transferable from one building or building site to another building or building site nor from one person to another. B. Moving Buildings: 1. A building being moved shall follow the route prescribed on the permit by the city engineer. The mover shall coordinate the route with the utility companies. 2. A police escort shall be required for all buildings moved from one location to another within the jurisdictional limits of the city, or moved out of or into the jurisdictional limits of the city, utilizing public streets or alleys or when, in the opinion of the chief of police, such escort is necessary to protect the general welfare. 3. The chief of police shall determine the required number of personnel and vehicles for escort service. 4. The fee established by the city manager shall be paid prior to issuance of a permit to move a building or structure. 5. The permit applicant shall pay all costs for the trimming of trees and replacement of natural obstructions or official signs and signals or other public or private property required to be removed during the movement of a vehicle and load. City of Dubuque 14-2-6 14-2-6 C. Restriction On Moving Permit: 1. No building or structure shall be relocated or moved if the building or structure is so constructed or in such condition as to be dangerous or unsafe or if it is infested with pests, is unfit for human habitation or if it is so deteriorated, dilapidated or defective that relocation would or could create a safety or health hazard, or cause a blighted condition in the new neighborhood. 2. All buildings or structures when relocated from outside of the city into the city shall comply with all ordinances and regulations applicable to new buildings or structures, including, but not limited to, building, electrical, mechanical, plumbing, fire, health and zoning regulations. 3. All residential buildings or structures relocated within the city shall comply with the uniform code for building conservation and title 6, chapter 6 of this code. 4. All nonresidential buildings or structures relocated within the city shall comply with all ordinances and regulations applicable to new buildings or structures, including, but not limited to, building, electrical, mechanical, plumbing, fire, health and zoning regulations. 5. All moved buildings or structures shall be completely enclosed within thirty (30) days after said building or structure is placed on its new site. All required changes, improvements and modifications shall be completed and the building or structure made ready for occupancy or use within one hundred twenty (120) days from the time the building permit is issued. D. Demolition Of Buildings: 1. All pieces, parts, scraps, debris, rubbish and organic material from a building, structure, or portion of a building in the process of being demolished shall be cleaned up and removed from the premises at least once weekly except for streets and public property, which shall be cleaned daily unless otherwise specified on the permit. Final cleanup after the building or structure is demolished shall include the thorough removal of all wood, debris and organic materials, filling of excavations, cisterns and other depressions with acceptable rubble or earthen fill, and spreading a tillable layer of topsoil over the entire lot to a uniform natural grade consistent with the established adjacent grades. City of Dubuque 14-2-6 14-2-6 2. When directed by the building official, water shall be used to minimize dust when demolishing structures or under any dust producing conditions. As ordered by the building official, buildings shall be washed down frequently to keep dust at a minimum. 3. When an interior wall is exposed because of demolition of an adjoining structure, said wall shall be provided with a weather resistive barrier as required in the Dubuque building code. No such wall shall be exposed to the weather without the written approval of the building official. 4. When a demolition project has been abandoned or is found to be unsafe, the building official may order the unsafe conditions corrected, the building boarded up and the premises barricaded. Upon failure of the owner or the owner's agent to comply with the order of the building official within seven (7) days, the building official, after notice and opportunity for hearing, may cause said building or structure to be demolished, the premises cleaned and suitable drainage grades established. The cost of such demolition, cleaning and grading shall be assessed to the property as provided by law. This section shall also apply to any site from which a building or structure has been moved. E. Disconnecting Utility Services: The power in all electric service lines shall be shut off and all such lines cut or disconnected at or outside the moving or demolition area before work is started on the site. Prior to the disconnection of such lines, the contractor or property owner shall notify the utility company and the building official and shall obtain their approval in compliance with applicable codes and requirements. Exception: If it is necessary to maintain electrical service during the process of moving or demolition, such service shall be temporarily relocated or protected with substantial covering to the satisfaction of the electric service company and the building official, and said relocation shall be in conformance with applicable codes and requirements. All gas, water, sewer and other service lines shall be shut off and capped or otherwise controlled at or outside of the moving or demolition area or curb line before moving or demolition work is commenced. In each case, the service company and the building official shall be notified in advance and their approval obtained by the contractor or property owner in compliance with applicable codes and requirements. Exception: If it is necessary to maintain any water or other lines during the moving or demolition process, such lines shall be temporarily relocated or protected with substantial covering to the satisfaction of the utility City of Dubuque 14-2-6 14-2-7 companies' building official and in conformance with applicable codes and requirements. (2007 Code § 11-60) 14-2-7: INSURANCE REQUIREMENTS: A. Insurance Required: 1. Before a permit may be issued for the moving of a building, the applicant therefor shall have filed a certificate of comprehensive public liability insurance which shall be provided in such form and with such surety as is acceptable to the building official. 2. Where streets or public property are to be occupied or the general public endangered during the operations of demolishing a building or structure, a certificate of comprehensive public liability insurance shall be provided in such form and with such surety as is acceptable to the building official. 3. Where streets or public property are to be used or occupied during the operations of erecting, constructing, enlarging, altering, repairing or remodeling a building or structure, a certificate of comprehensive (public) liability insurance shall be provided in such form and with such surety as is acceptable to the building official. B. Coverage: Requirements shall be as follows: 1. Indemnification: The contractor will indemnify and hold harmless the city, a municipal corporation, its elected and appointed officers, employees and agents, including their employees, representative agents and subconsultants from any and all claims, demands, actions or causes of action arising or resulting directly or indirectly from the action or work of a contractor hereunder. 2. Certificate Of Insurance: The contractor shall provide the city with certificates of adequate insurance, with copies of policies attached, in companies, amounts and form of policy satisfactory to the city, insuring contractor's obligation under this indemnity and hold harm- less agreement. 3. Contractor's Insurance: The contractor shall not commence work under this chapter until the contractor has obtained all insurance required under this subsection. Certificates of insurance, together with duplicates of the policies, fully executed by officers of the insurance company written or countersigned by an authorized Iowa City of Dubuque 14-2-7 14-2-8 agent, shall be filed with the building official for approval. The contractor shall not allow any subcontractor to commence work on the contractor's subcontract until all similar insurance required for the subcontractor has been so obtained and approved. The contractor shall also submit the original insurance policies for inspection and approval of the city before work is commenced. Said policies shall not thereafter be canceled, permitted to expire, or materially changed without ten (10) days' written notice in advance to the city and consented to by the city and the policy shall so provide. C. Public Liability And Property Damage Insurance: The contractor shall take out and maintain during the life of this project such insurance as the city manager shall require. D. Subcontractor's Insurance: 1. The contractor shall require subcontractors, if any, not protected under the contractor's insurance policies to take out and maintain insurance of the same nature and in the same amounts as required of the contractor for comprehensive liability and property damage. 2. Subcontractors shall also be required to take out and maintain automobile insurance in like amounts to that required of the contractor on all automobiles operated by each subcontractor on the site of the work. (2007 Code § 11-61) 14-2-8: SPECIAL REQUIREMENTS: A. Compliance With Requirements In Certificate Of Insurance: Every person, firm or corporation obtaining a moving or demolition permit or a permit for the use of streets or public property shall, in all respects, be bound hereby to all applicable requirements and provisions required to be in said certificate of insurance, by the building code of the city, and by ordinances and regulations now existing or hereafter enacted by the city, and other laws, the same as though such requirements and provisions were fully set forth in said certificate and by reference such requirements and provisions are made a part of said certificate. B. Compliance With Regulations Applicable To Moving Buildings: Every person, firm or corporation obtaining a moving or demolition permit or a permit for the use of streets or public property shall comply with and faithfully observe and obey all applicable regulations and City of Dubuque 14-2-8 14-2-9 ordinances of the city, now existing or hereafter enacted and all other applicable laws now existing or hereafter enacted affecting or relating to the moving of houses, buildings, or other structures upon or across public property. C. Payment Of Damages Or Loss To City: Every person, firm or corporation obtaining a moving or demolition permit or a permit for the use of streets or public property shall pay all damages or loss to the city, that may occur from any act or negligence of said person, firm or corporation, such person's, firm's or corporation's agents or employees, anyone under such person's, firm's or corporation's moving of houses, buildings or other structures upon or across property. D. Protection Of Work, Space, Materials Or Equipment: Every person, firm or corporation obtaining a moving or demolition permit or a permit for the use of streets or public property shall fully protect any and all work, space, materials or equipment relating to the moving of buildings or structures upon or across public property undertaken by principal or under such person's, firm's or corporation's direction or supervision, or any subcontractor, as a result of such person's, firm's or corporation's direction or supervision or by any agent or employee, or by any subcontractor and shall pay any penalties that may be imposed during the period of any permit now issued or to be issued during the period of said bond. The certificate of insurance for moving buildings shall be for a term of one year. (2007 Code § 11-62) 14-2-9: ENFORCEMENT: The building official is hereby authorized and directed to enforce all of the provisions of this chapter. (2007 Code § 11-63) City of Dubuque 14-6-1 14-6-1 SECTION: 14-6- 1: 14-6- 2: 14-6- 3: 14-6- 4: 14-6- 5: 14-6- 6: 14-6- 7: 14-6- 8: 14-6- 9: 14-6-10: 14-6-11: 14-6-12: 14-6-13: 14-6-14: CHAPTER 6 HISTORIC PRESERVATION Purpose And Intent Definitions Historic Preservation Commission; Membership; Terms; Vacancies Officers; Organization; Meetings Powers And Duties; Procedures For Operations Identification And Designation Of Landmarks, Sites, Historic Properties And Districts Historic Preservation Districts And Landmarks Demolition Of Landmarks, Sites, Historic Properties Or Structures Alteration Of Landmarks, Historic Properties, Landmark Sites Or Structures Procedure For Review Of Plans And Applications Standards For Review Appeals From Commission Action Inspection Violations; Penalties 14-6-1: PURPOSE AND INTENT: The purpose of this chapter is to: A. Promote the educational, cultural, economic and general welfare of the public through the protection, enhancement and perpetuation of districts, individually designated historic properties, landmarks, and landmark sites of prehistoric, historic, architectural, archeological and cultural significance; B. Safeguard the city's prehistoric, historic, aesthetic, architectural, archeological and cultural heritage by preserving historic properties, districts, landmarks, and landmark sites of historical, architectural and cultural significance; City of Dubuque 14-6-1 14-6-2 C. Stabilize and improve property values; D. Foster civic pride in the legacy of beauty and achievements of the past; E. Protect and enhance the city's attractions to tourists and visitors and the support and stimulus to business thereby provided; F. Strengthen the economy of the city; and G. Promote the use of properties, districts, landmarks, and landmark sites of prehistoric, historic, architectural, archeological and cultural significance as sites for the education, pleasure and welfare of the people of the city. (Ord. 38-06, 6-5-2006) 14-6-2: DEFINITIONS: For the purpose of this chapter, the following words and phrases shall have the meanings ascribed to them below: ALTERATION: Any act or process which changes the exterior architectural appearance of a structure, site or area, including, but not limited to, the erection, construction, reconstruction, restoration, removal or demolition of any structure or part thereof, excavation, or the addition of an improvement. ARCHEOLOGICAL A determination based on the following criteria: SIGNIFICANCE: A. The site is associated with events that have made a significant contribution to, and are identified with, or that outstandingly represent, the broad cultural patterns of U.S. history and from which an understanding and appreciation of those patterns may be gained; or B. The site is associated importantly with the lives of persons nationally significant in U.S. history; or C. The site represents some great idea or ideal of the American people; or City of Dubuque 14-6-2 14-6-2 D. The site embodies the distinguishing char- acteristics of an architectural type or specimen exceptionally valuable for a study of a period, style or method of construction, or that represents a significant, distinctive and exceptional entity whose components may lack individual distinction; or E. The site is composed of integral parts of the environment not sufficiently significant by reason of historical association or artistic merit to warrant individual recognition, but collectively compose an entity of exceptionally historical or artistic significance, or outstandingly commemo- rate or illustrate a way of life or culture; or F. The site has yielded or may be likely to yield information of major scientific importance by revealing new cultures, or by shedding light upon periods of occupation over large areas of the U.S. Such sites are those which have yielded, or which may reasonably be expected to yield data affecting theories, concepts and ideas to a major degree. ARCHITECTURAL A determination based on the following criteria: SIGNIFICANCE: A. The structure(s) is (are) the work of, or associated with, a nationally or locally noted architect, architectural firm, engineer, builder or craftsman; or B. The structure(s) is (are) an example of a particular period of architecture or architectural style in terms of detail, material, method of construction or workmanship, with no or negligible irreversible alterations to the original structure; or C. The structure(s) is (are) one of the few remaining examples of a particular architectural style; or City of Dubuque 14-6-2 14-6-2 BUILDING: CERTIFICATE OF APPROPRIATENESS: D. The structure(s) is (are) one of a contiguous group of structures which have a sense of cohesiveness which is expressed through a similarity of characteristics, a similarity of a style, a similarity of period, a similarity of method of construction or which accent the architectural significance of the area. Any structure used or intended for supporting or sheltering any use or occupancy, typically for any form of human activity. A building also may refer to a historically and functionally related unit, such as a courthouse and jail or a house and barn. Examples of buildings include: carriage house, church, garage, hotel, house, library, school, shed, store or theater. A document issued by the historic preservation commission indicating its approval of plans for an alteration or activity which will: A. Create a material change in appearance, or the removal or demolition, of a landmark, landmark site or of a structure within a historic district; and B. Require a regulated permit. CERTIFICATE OF A document issued by the historic preservation ECONOMIC commission which acknowledges an exception NONVIABILITY: as herein defined and which authorizes an alteration or activity: A. Which creates a material change in appear- ance, or the removal or demolition, of a land- mark, landmark site or of a structure within a historic district; B. Which requires a regulated permit; and C. For which a certificate of appropriateness has been or would be denied; however, a certificate of economic nonviability shall be issued only upon a showing that the property City of Dubuque 14-6-2 14-6-2 COMMISSION: DEMOLITION: DESIGN GUIDELINE: DETERMINATION OF NO MATERIAL EFFECT: DISTRICT: EXCAVATION: EXTERIOR ARCHITECTURAL APPEARANCE: owner will be deprived of any reasonable economic return on the property if not allowed to proceed with the requested alteration or activity. The Dubuque historic preservation commission, as established by this chapter. Any act or process which destroys in part or in whole a landmark or a structure. A standard of acceptable activity which will preserve the prehistoric, historic, architectural, archeological and cultural character of a building, district, landmark, site or structure. A document issued by the city manager or the city manager's designee indicating approval for any normal "repair" or act of maintenance as defined by this chapter, which: A. Is not an "alteration", construction, removal, "demolition" or "excavation" as defined by this chapter; B. Does not create a material change in the exterior architectural appearance or exterior features of a structure or site; and C. Nonetheless does require a regulated permit. A definable geographic area that can be distin- guished from surrounding properties, and which possesses a significant concentration, linkage, or continuity of sites, buildings, structures or objects united historically or aesthetically by plan or physical development. The digging out or removal of earth, soil. The architectural style and character and the general composition and arrangement of the exterior of a building or structure. City of Dubuque 14-6-2 14-6-2 EXTERIOR The architectural style and the general design FEATURES: and arrangement of the exterior of a structure, including, but not limited to, the kind and texture of the building material(s), and the type, style and arrangement of all windows, doors, light fixtures, signs and other appurtenant elements, or the natural features of a landmark, landmark site or structure. In the case of outdoor advertising signs, "exterior feature" includes the style, material, size and location of the sign. HISTORIC DISTRICT: An area designated by ordinances of the city council which: A. Has defined geographic boundaries; B. Contains contiguous pieces of property under diverse ownership; and C. Is one or more of the following: 1. Significant to American history, architec- ture, prehistoric or historic archaeology or culture; or 2. Possesses integrity of location, design, setting, materials, workmanship, feel and association; or 3. Associated with events that have been a significant contribution to the broad patterns of our prehistory or history; or 4. Associated with the lives of persons significant with our past; or 5. Embodies the distinctive characteristics of a type, period, or method of construction; or 6. Represents the work of a master; or 7. Possesses high artistic values; or City of Dubuque 14-6-2 14-6-2 8. Represents a significant and distinguish- able entity whose components may lack individual distinction; or 9. Has yielded, or may be likely to yield, information important to prehistory and history. HISTORIC A determination based on the following criteria: SIGNIFICANCE: IMPROVEMENT: A. The structure(s) or site(s) has (have) a strong association with the life or activities of a person or persons who have contributed to or participated in the historic events of the nation, state or community; or B. The structure(s) or site(s) is (are) associated with an association or group (whether formal or informal) which has contributed to or partici- pated in historic events of the nation, state or community; or C. The structure(s) or site(s) or object(s) is (are) associated with an antiquated use due to technological or social changes in the nation, state or community, such as, but not limited to, a blacksmith's shop or railroad trestle; or D. The site(s) or object(s) is (are) a monument to or a cemetery of historic personages. Any building, structure, parking facility, fence, gate, wall, work of art or other object constituting a physical betterment of real property, or part of such betterment. INDIVIDUALLY Historical designation offered for individual DESIGNATED properties determined to have prehistoric, HISTORIC historic, architectural, archeological and cultural PROPERTIES: significance and which are not of a landmark status or located within a historic district. INTEGRITY: The original, unaltered or historically altered appearance of a structure, site or area when taken as a whole. City of Dubuque 14-6-2 14-6-2 LANDMARK: LANDMARK SITE: MATERIAL CHANGE OF APPEARANCE: A property or structure designated by ordinance of the city council pursuant to procedures described herein, that is worthy of preservation, rehabilitation or restoration because of its prehistoric, historic, architectural, archeological or cultural significance to the city, the state or nation. Any parcel of land of prehistoric or historic archeological significance, or historic significance due to its substantial value in tracing the prehistory or history of Native Americans, or upon which a historic event has occurred, and which has been designated as a landmark site under this chapter, or an improvement parcel, or part thereof, on which is situated a landmark and any abutting improvement parcel, or part thereof, used as and constituting part of the premises on which the landmark is situated. Any change, alteration or modification of the external architectural appearance or exterior features of a building, improvement, structure or property which is visible from the public way and for which a regulated permit is required for compliance with applicable local codes, including, but not limited to: A. Changes in the exterior size, configuration, fenestration or other structural features of the property; or B. Construction or reconstruction; or C. Demolition; or D. Any alteration in the size, location or appearance of any sign on the property; or E. Any excavation on property or the deposit of any waste, fill or other material on property. City of Dubuque 14-6-2 14-6-2 OBJECT: F. For individual historic districts, the definition of "material change in appearance" may be expanded to include additional activities for which a certificate of appropriateness is required. Such additional activities shall be delineated in the ordinance designating an individual district or by amending the district designating ordinance, in the case of a district that has been previously designated. As distinguished from buildings and structures, objects are those constructions that are primarily artistic in nature or are relatively small in scale and simply constructed. Although it may be, by nature or design, movable, an object is associated with a specific setting or environment. Examples of objects include: fountain, milepost, monument, sculpture or statuary. OWNER OF RECORD: Any person, firm, corporation or other legal entity listed as owner on the records of the county recorder of Dubuque County. PRESERVATION ALTERNATIVES: REGULATED PERMIT: Financial incentives and restoration alternatives sufficient for the property owner to earn a reasonable economic return. Financial incen- tives include, but are not limited to, financing, tax credits, tax abatements, preservation grants or other similar incentives. Restoration alternatives include, but are not limited to, different materials, techniques or methods for rehabilitation of historic buildings and structures, or archeological sites. An official document or certificate issued by the building official, city engineer or other official of the city pursuant to provisions of the building code or other ordinance or regulation, and which authorized the performance of a specified activity. City of Dubuque 14-6-2 14-6-3 REPAIR: Any change which does not require a building permit, and which is not construction, removal or demolition. SCALE: SITE: STRUCTURE: In a building or structure, the relationship of the vertical, horizontal and volume measurements; the relationship of the parts to one another within a building or structure or in comparison to other buildings or structures within that vicinity. The location of a significant event, a prehistoric or historic occupation or activity, or a building or structure, whether standing, ruined, or vanished, where the location itself possesses historic, cultural, or archeological value regardless of the value of any existing structure. Examples of sites include: cemetery, designed landscape, habitation site, natural feature having cultural significance, rock carving, rock shelter, ruins, trail or village site. Anything constructed or erected, the use of which requires a permanent or temporary location on or in the ground, including, but not limited to, the following: earthwork, fences, gazebos, advertising signs, billboards, backstops for tennis courts, radio and television antennas, including supporting towers, and swimming pools. As distinguished from build- ings, structures are those functional construc- tions made usually for purposes other than creating human shelter. (Ord. 38-06, 6-5-2006) 14-6-3: HISTORIC PRESERVATION COMMISSION; MEMBERSHIP; TERMS; VACANCIES: A. Establishment; Membership: The historic preservation commission is hereby established and shall consist of nine (9) members who shall be residents of the city. B. Appointment: Members of the commission shall be appointed by the city council as follows: one resident from each designated historic preservation district, including the districts hereinafter established; and four (4) at large members. Each member shall possess City of Dubuque 14-6-3 14-6-4 qualifications evidencing expertise or interest in architecture, history, archeology, law, construction or building rehabilitation, city planning or conservation in general. One commission member shall be a licensed architect. C. Term: Members shall serve three (3) year terms. D. Vacancies: Vacancies occurring in the commission, other than through expiration of term of office, shall be filled only for the unexpired portion of the term of the member replaced. Each member shall serve until the appointment of a successor. E. Unlimited Terms: Members may serve for more than one term. F. Filling Vacancies: Vacancies shall be filled by the city council in accordance with the requirements set forth above. G. Compensation: Members shall serve without compensation. (Ord. 38-06, 6-5-2006) H. Appointment When Resident Of District Not Available: In the event that a vacancy occurs in a seat which requires that the appointee be a resident of the district and for which there is no application from a qualified resident, the city council may appoint a person who is an owner of real property in the district or an owner of a business in the district to the vacant seat. This appointment shall be temporary and a resident of the district may at any time apply to fill this seat. Upon appointment of a qualified resident to this seat by the city council, the temporary appointment shall terminate. (Ord. 28-07, 5-21-2007) 14-6-4: OFFICERS; ORGANIZATION; MEETINGS: A. Election Of Officers: The commission shall elect from its membership a chairperson and vice chairperson, whose terms of office shall be fixed by bylaws adopted by the commission. The chairperson shall preside over meetings of the commission and shall have the right to vote. The vice chairperson shall, in cases of absence or disability of the chairperson, perform the duties of the chairperson. B. Appointment Of Secretary: The city manager shall designate a person to serve as secretary to the commission. The secretary shall keep a record of all resolutions, proceedings and actions of the commission. City of Dubuque 14-6-4 14-6-5 C. Rules And Bylaws: The commission shall adopt rules or bylaws for the transaction of its business. The bylaws shall provide for, but not be limited to, the time and place of holding regular meetings, the procedure for the calling of special meetings by the chairperson or by at least three (3) members of the commission and quorum requirements. D. Meetings; Compliance With Open Meetings Act: All meetings of the commission shall be subject to Iowa Code chapter 21, the Iowa open meetings act. E. Record Of Resolutions And Actions: The commission shall keep a record of its resolutions, proceedings and actions. The records shall be subject to Iowa Code chapter 22, the Iowa public records act. F. Quorum: A quorum of the commission shall be required in order to transact business. G. Voting Requirement: The affirmative vote of a majority of commission members present at a meeting shall be required for the approval of plans or the adoption of any resolution, motion or other action of the commission. H. Recording Votes Of Members: The vote of each member of the commission shall be recorded. Required Attendance Of Meetings: A member of the commission shall attend at least two-thirds (2/3) of all scheduled meetings within any consecutive twelve (12) month period. If any member does not attend such prescribed number of meetings, it shall constitute grounds for the commission to recommend to the city council that said member be replaced. Attendance of all members shall be entered on the minutes. J. Minutes Filed With City Council: The commission shall file with the city council a copy of the minutes of each regular and special meeting of the commission within ten (10) working days after each meeting. (Ord. 38-06, 6-5-2006) 14-6-5: POWERS AND DUTIES; PROCEDURES FOR OPERATIONS: A. General Duties: The general duties and powers of the commission shall be as follows: City of Dubuque 14-6-5 14-6-5 1. To promote and conduct educational and interpretive programs on historic properties within its jurisdiction; 2. To develop and adopt specific standards for review and design guidelines, in addition to those set forth in subsection 14-6-11A of this chapter, for the alteration of landmarks, landmark sites, individually designated historic properties and property and structures within historic districts; 3. To adopt its own bylaws; 4. To identify, evaluate, register, manage and protect significant prehistoric and historic archeological sites; 5. To conduct an ongoing survey to identify historically, archaeologically and architecturally significant properties, structures and areas that exemplify the cultural, social, economic, political, archeological or architectural history of the nation, state or city; 6. To research and recommend to the city council the adoption of ordinances designating areas as having historic, architectural, archeological or cultural value or significance as "historic districts"; 7. To research and recommend to the city council the adoption of ordinances designating properties or structures having historic, architectural, archeological or cultural value or significance as "landmarks" or "landmark sites"; 8. To research and recommend to the city council the adoption of ordinances designating properties as having historic, architectural, archeological or cultural value or significance as "individually designated historic properties"; 9. To maintain a register of all properties and structures which have been designated as landmarks, landmark sites or historic districts, including all information required for each designation; 10. To assist and encourage the nomination of landmarks, landmark sites and historic districts to the National Register of Historic Places, and review and comment at a public hearing on any national register nomination submitted to the commission upon the request of the mayor, city council or the state bureau of historic preservation; City of Dubuque 14-6-5 14-6-6 11. To confer recognition upon the owners of landmarks, individually designated historic properties or of property or structures within historic districts; 12. To review in progress or completed work to determine com- pliance with specific certificates of appropriateness or certificates of economic nonviability; and 13. To serve as an advisory design review body to the city council for review of public works projects which have historic preservation implications in historic districts, individually designated historic properties, or for alteration of landmarks, landmark sites or structures, that would result in a material change in appearance or be visible from the public way. B. Procedure For Operations: The commission shall be governed by the administrative, personnel, accounting, budgetary and procurement policies of the city. (Ord. 38-06, 6-5-2006) 14-6-6: IDENTIFICATION AND DESIGNATION OF LANDMARKS, SITES, HISTORIC PROPERTIES AND DISTRICTS: A. Generally: The commission may conduct studies for the identification and nomination of landmarks, landmark sites, individually designated historic properties and historic districts, as defined by this chapter. The commission may proceed on its own initiative or upon a petition from any person, group or association. B. Nomination: 1. Landmarks And Landmark Sites: The nomination of landmarks and landmark sites shall be initiated by an application submitted to the commission by the property owner on a form supplied by the commission. 2. Historic Districts: The designation of historic districts shall be initiated by a nomination for such designation. A nomination shall be made to the commission on a form prepared by it and may be submitted by a member of the commission, the owner of record of property within a proposed historic district, the city council, or any other person or organization. When a commissioner, as a private citizen, nominates a historic district for designation, the nominating commissioner shall abstain from voting on the designation. This City of Dubuque 14-6-6 14-6-6 provision shall not extend to a designation motion presented by a commissioner as part of commission proceedings. 3. Individually Designated Historic Properties: The nomination of individually designated historic properties shall be initiated by an application submitted to the commission by the property owner on a form supplied by the commission. C. Criteria For Consideration Of Nomination: The commission shall, upon such investigation as it deems necessary, make a determina- tion as to the following: 1. The nominated property, structure, object, site or area: a. Is of "architectural significance", as defined by this chapter; or b. Is associated with events that have made a significant contribution to the broad patterns of the history of the city of Dubuque, Dubuque County, the state of Iowa or the nation; or c. Is associated with the lives of persons significant in the past of the city of Dubuque, Dubuque County, the state of Iowa or the nation; or d. Has yielded, or may be likely to yield, information important in prehistory or history; and 2. The structure, property, object, site or area has sufficient integrity of location, design, materials and workmanship to make it worthy of preservation or restoration; and 3. The structure, property, object, site or area is at least fifty (50) years old, unless the commission determines that it has achieved significance within the past fifty (50) years and is of exceptional importance. D. Notification Of Nomination: Within sixty (60) days after receipt of a completed nomination in proper form, the commission shall hold a public hearing. Notice that a nomination for designation is being considered and the date, time, place and purpose of the public hearing shall be sent by certified mail, at least fourteen (14) days prior to the date of the hearing, to the owner(s) of record of the nominated landmark or landmark site, nominated individually designated historic property, or property within the nominated historic district and to the nominator(s). Notice shall also be City of Dubuque 14-6-6 14-6-6 published in a newspaper having general circulation in the city. The notice shall state the street address and legal description of a nominated landmark or landmark site or the boundaries of a nominated district. E. Public Hearing: Oral or written testimony concerning the significance of the nominated landmark, landmark site or historic district shall be taken at the public hearing from any interested person. The commission may request expert testimony, consider staff reports or present its own evidence regarding the compliance of the nominated landmark, landmark site, individually designated historic property or historic district with the criteria set forth in subsection C of this section. The owner of any nominated landmark, landmark site, individually designated historic property or of any property within a nominated historic district shall be allowed a reasonable opportunity to present evidence regarding the nomination, shall be afforded the right of representation by counsel and shall be given reasonable opportunity to cross examine expert witnesses. The hearing shall be closed upon completion of testimony. F. Determination By Commission, Recommendation And Report: Within thirty (30) days following the close of the public hearing, the commission shall make a determination upon the evidence as to whether the nominated landmark, landmark site, individually designated historic property or historic district does or does not meet the criteria for designation. Such determination shall be made in an open meeting by resolution of the commission, shall be reduced to writing in the form of a recommendation and shall be supported by a written report in support of the nomination. The commission's recommendation on the nomination of a landmark, landmark site, individually designated historic property or historic district, and its supporting report, shall be filed with the long range planning advisory commission, and shall include a proposed ordinance or amendment establishing such landmark, landmark site, individually designated historic property or historic district and describing its location and boundaries by address and legal description. G. Action By Long Range Planning Advisory Commission: Within sixty (60) days after receipt of the commission's recommendation, report and proposed ordinance or amendment, the long range planning advisory commission shall report to the city council with respect to the relation of the nomination to the general development plan, zoning ordinance, proposed public improvements and any plans for the renewal of the area involved. Upon submission of the report of the long range planning advisory commission, or upon the expiration City of Dubuque 14-6-6 14-6-7 of the sixty (60) day period, the matter shall be transmitted to the city council. H. Action By City Council: 1. The city council shall submit the proposed ordinance or amend- ment to the bureau of historic preservation of the state historical society of Iowa for review and recommendations at least forty five (45) days prior to the date of any public hearing conducted by the city council. Any recommendations made by the bureau of historic preservation shall be made available by the city to the public for viewing during normal working hours at a city government place of public access. 2. Upon receipt of the recommendation and report of the historic preservation commission and the report of the long range planning advisory commission, and after having received a recommendation from the bureau of historic preservation or if the forty five (45) day waiting period has lapsed since submission of the request for such recommendation, the city council shall conduct a public hearing on the ordinance or amendment establishing the proposed landmark, landmark site, individually designated historic property or historic preservation district. After public hearing, the city council shall approve or disapprove the ordinance or amendment, or refer the nomination back to the historic preservation commission for modification. A modified nomination shall require compliance with the same procedure for designation as set forth above. 3. City council approval of the ordinance or amendment shall constitute designation of the landmark, landmark site, individually designated historic property or historic district. Amendment And Rescission Of Designation: A designation may be amended or rescinded upon petition to the commission and compliance with the same procedure and according to the same criteria as set forth above for designation. (Ord. 38-06, 6-5-2006) 14-6-7: HISTORIC PRESERVATION DISTRICTS AND LAND- MARKS: The properties hereinafter described are hereby designated as historic preservation districts, according to the provisions of this chapter: A. Langworthy Historic Preservation District: All of Lots 1 through 3, inclusive; all of Lot 4 excepting the northerly ten (10) feet thereof, all City of Dubuque 14-6-7 14-6-7 of the south half of Lot 6; all of Lots 12 through 16, inclusive; and all of Lots 12A through 16A, inclusive; all being in Paulina Langworthy's Addition. The west fifteen (15) feet of lot 4; all of Lot 5, and Lot 6; all being in McCoy Subdivision. All of Lots 1 through 6, inclusively, of Lot 2 and Lot 3; all of Lot 4; and all of Lots 5 through 8, inclusive, excepting the northerly twelve (12) feet of all of them; all being in Mrs. L.A. Langworthy's Addition. All of Lots 1 through 12, inclusive; all of Lots 17 through 21, inclusive; and all of Lots 9 through 53, inclusive; all being in Julia Langworthy's Addition. Lots 1 through 4, inclusive; Lot 1 of Lot 6; Lots 28 through 32, inclusive; Lot 1 of Lot 1 of Lot 1 of Lot 33; and Lot 1 of Lot 2 of Lot 2 of Lot 33; all being in T.S. Nairn's Dubuque Addition. B. Old Main Historic Preservation District: All of city Lots 1 through 12, inclusive; all of city Lots 69 through 80, inclusive; and the south sixty-four (64) feet of Lot 1 Block XV of Dubuque Downtown Plaza. C. Jackson Park Historic Preservation District: Beginning at the intersection of West 17th and Heeb Streets, north along Heeb Street to the south line of M.A. Rebman's Sub.; west along said line and the south line of Duncan's Sub. to the west line of Lot 4-C.L. six hundred seventy-four (674) feet; south along said line to the south line of Lot 2-5-C.L. 674; west along said line and along the south line of Lot 1-5-C.L. 674 to Main Street; west across Main Street and Madison Avenue to the north line of Lot 5-2-C.L. 673; continuing west along said line to the west line of said lot; south along said line to Dorgan Place; west along Dorgan Place to the east line of Lot 1-1A-Dorgan's Sub.; southwest along said line and along the east line of Lot 1-1-Dorgan's Sub. and its extension of West 17th Street; first south then in a counterclockwise manner along the westerly line of D.N. Cooley's Sub. and its southerly extension to the north line of Lot 1-1-C.L. 667; east along said line to the east line of said lot; south along said line and the east line of Lot 2-3-C.L. 667 to the south along said line of Lot 2-1-C.L. 667; east along said Zine to Bluff Street; south along Bluff Street to the south line of A.L. Brown's Sub.; west along said line to the east line of Lot 769B of A. McDaniel's Sub.; south along said line and the east right-of-way line of Grove Terrace and the east line of Corkery's Sub. to the north line of Lorimer's Sub.; east along said line to the east line of Lot 1-1-1 and 11 of Lorimer's Sub.; south along said line and its extension to West 9th Street; east along West 9th Street to Locust Street; north along Locust Street to West 10th Street; east along West 10th Street to the alley between Locust and Main Streets; north along said alley to West 13th Street; east along West 13th Street to Main Street; south along Main Street to the south line of the north 1/5-C.L. 465; City of Dubuque 14-6-7 14-6-7 east along said line and its extension to the east line of the west 33 feet, north 1/5-C.L. 460; north along said line to West 13th Street; east along West 13th Street to Iowa Street; north along Iowa Street to West 14th Street; east along West 14th Street to the alley between Iowa Street and Central Avenue; north along said alley to West 17th Street; east along West 17th Street to Heeb Street, the point of beginning. D. Cathedral Historic Preservation District: Beginning at the intersection of Locust Street and West Seventh Street; southwest along West Seventh Street to Bluff Street; northwest along Bluff Street to the northwest line of Lot 5-C.L. 653A; southwest along said line to the southwest line of said lot; southeast along said line to the northwest line of the north fifty (50) feet of Lot 1-1-C.L. 653; southwest along said line to the northeast line of Coriell's Dubuque Sub.; first southeast then in a clockwise manner along said line to West Fifth Street; southeast along West Fifth Street; to the northwest line of the west one hundred seven and five -tenths (107.5) feet -west one hundred seventy (170) feet-C.L. 624; southwest along said line to the northeast line of Cooper Heights Sub; southeast along said line and along the northeast line of Lot 1-1-1-1 C.L. 692 to the north right- of-way line of West Fourth Street; southwest along said right-of-way line and along the northwest line of Lot 2-1-1-1-C.L. 692 to Raymond Place; southeast along Raymond Place to the northwest line of Fenelon Point Sub.; first northeast then in a clockwise manner along said line to the southwest line of Lot 1-E. seventy-eight and five - tenths (78.5) feet south one hundred (100) feet-C.L. 692; southeast along said line to West Third Street to the southwest line of Saint Raphael's Add.; southwest along said line to the northwest line of Lot 1-2-C.L. 694; first northeast then in a clockwise mariner along said line to the northwesterly most line of Pixler Place; northeast along said line to the west right-of-way line of Bluff Street; southeast across Bluff Street to the northeast line of C.L. 589A; continuing southeast along the northeast line of C.L. 589A and the northeast line of C.L. 589 and the northeast line of the north twenty-one (21) feet -north 1/2 C.L. 572 to Locust Street; northeast along Locust Street to the southwest line of the south fifty (50) feet-C.L. 568; northwest along said line to Bissell Lane; north along Bissell Lane to West Fourth Street; northeast along West Fourth Street to Locust Street; northwest along Locust Street to West. Seventh Street, the place of beginning as described herein. E. West Eleventh Street Historic Preservation District: Beginning at the intersection of Loras Boulevard and Bluff Street; south along Bluff Street to the south line of A.L. Brown's Sub.; west along said south City of Dubuque 14-6-7 14-6-7 line to the east line of Lot 769B of A. McDaniel's Sub.; south along said east line and along the east right-of-way line of Grove Terrace and along the east line of Corkery's Sub. to the north line of Lorimer's Sub.; east along said north line to the east line of Lot 1-1-1-11-Lorimer's Sub; south along said east line and its southerly extension to West 9th Street; west along West 9th Street to the west line of Central Addition; north along said west line to the south line of the east twenty-seven (27) feet -Lot 3-C.L. 703; west along said south line to the west line of said lot; north along said west line to the north line of the west one hundred thirty-nine (139) feet -Lot 3-C.L. 703; west along said north line to the east line of Lot 2 -46A -Farley's Sub.; north along said east line to Wilbur Street; west along Wilbur Street to the west line of Lot 2 -46A -Farley's Sub.; south along said west line to the south line of Lot 1 -46 -Farley's Sub.; west along said south line and along the south line of Lot 1 -45 -Farley's Sub. to the west line of said Lot 1-45; north along said west line to Wilbur Street; west along Wilbur Street to Spruce Street; south along Spruce Street to the south line of Lot 2 -43 -Farley's Sub.; west along said south line to the east line of the south eighty (80) feet -Lot 37 -Farley's Sub.; north along said east line to the north line of said lot; west along said north line to the east line of Lot 38 -Farley's Sub.; north along said east line to Jefferson Street; west along Jefferson Street and along the south line of Lot 2-1-1-3-C.L. 738 to the west line of Lot 2-1-1-3-C.L. 738; north along said west line and along the west line of Lot 1-1-1-3-C.L. 738 and along the west line of Lot 2-1-3-C.L. 738 and along the west line of Lot 1-2-1-C.L. 738; to West Eleventh Street; east along West Eleventh Street to the west line of Lot 12 of Cummin's Sub.; north along the west lines of Lots 11, 10, 9 and 8 of Cummin's Sub.; north across Race Street; north along the west line of Lot 6 of Cummin's Sub. to Chestnut Street; west along Chestnut Street to the west property line of Lot 8 of Bissell's Dubuque; north along the west property lines of Lots 9, 10, 11, 12, 13, 14 and 15 of Bissell's Dubuque and the E. 150' of Lot 5 of C.L. 740; east along the north line of the E. 150' of Lot 5 of C.L. 740 to Walnut Street; north along Walnut Street to Loras Boulevard; east along Loras Boulevard to Henion Street; north along Henion Street to Pickett Street; east along Pickett Street to the east line of Lot 2-7-C.L. 667; south along said east line to the south line of Lot 1-4-C.L. 667; first east line then in a counter -clockwise manner along the southerly lines of Lot 1-4-C.L. 667 and Lot 1-3-C.L. 667 to the west line of Lot 2-1-C.L. 667; south along said west line of the south line of Lot 2-1-C.L. 667; east along said south line to Bluff Street; south along Bluff Street to Loras Boulevard, the place of beginning. City of Dubuque 14-6-7 14-6-7 F. William M. Black Landmark: Sidewheeler Dredge William M. Black moored at Inner Levee of the Mississippi River, commonly known as the Ice Harbor. G. Dubuque City Hall Landmark: The building situated on the N 2/5 of city Lot 448 and the N 2/5 of city Lot 457, commonly known as 50 West 13th Street. H. Dubuque County Courthouse Landmark: The building situated on part of city Lot 286 and city Lots 287 to 288, commonly known as 720 Central Avenue. Dubuque County Jail Landmark: The building situated on city Lots 284 to 285 and part of city Lot 286, commonly known as 36 West 8th Street. J. Julien Dubuque Monument Landmark: The structure situated on Pt. Lot 1, Government Lots 1 and 2, located at terminus of Monument Drive. K. Mathias Ham House Landmark: The building situated on Lot 1 of Lot 531 Ham's Addition, commonly known as 2241 Lincoln Avenue. L. Shot Tower: The Shot Tower structure situated on River Front Sub 1, located at terminus of Commercial Street. M. Four Mounds Estate Historic District: The buildings, structures, objects, sites, and property situated on Lot 1-1-2-1 & Lot 1-1-2-1-1 of SW -NW & Gov 1 & min Lot 331 & Lot 1 -7 -SW & Lot 2 -NW -NW all in Sec 1 of T89N-R2E & Lot 1 & Lot 2-1-1-1 of Sub of 1-7 SW and SW of NW Sec 1 T89N-R2E & Gov Lot 1 a/k/a min Lot 331 & Lot 1-1-4, 2-2-4, 2-1-2-4, Lot 2 & 3 of SW Sec 1 of T89N-R2E & Lot 1 Fountain Hill re -sub & Lot 16 John Deere Dub Tractor Works & Lot 2-1-1-2-2 of SE 1/4 NE 1/4 Sec 2 of T89N-R2E 5th, commonly known as 4900 Peru Road. (Ord. 38-06, 6-5-2006) N. Individually Designated Historic Properties: 1. 565 Fenelon Place: E 1/2 Lot 36, E 15' W 1/2 Lot 36, Lot 37 Prospect Hill Addition. (Ord. 2-07, 1-16-2007) 2.216 Clarke Drive: The buildings, structures, objects, sites and property situated on Lots 22 and 23 and the N 46 feet of Lot 25 LH Langworthy's Sub, also known as 216 Clarke Drive. (Ord. 33-08, 6-2-2008) October 2009 City of Dubuque 14-6-7 14-6-8 3. 40 And 42 Main Street: The buildings, structures, objects, sites and property situated on Lots 16 and 17 of the West 1/2 of Block 1 of Dubuque Harbor Company Addition to the City Of Dubuque, Iowa, also known as 40 and 42 Main Street. (Ord. 36-08, 6-2-2008) 4. 2537 Windsor Avenue: The buildings, structures, objects, sites and property situated on Lot 20 Staffords Add, also known as 2537 Windsor Avenue. (Ord. 46-08, 7-7-2008) O. Carnegie Stout Public Library: The circa 1901 building situated on City Lot 658A, City Lot 659, City Lot 660, balance of City Lot 658, commonly known as 360 West 11th Street. (Ord. 27-07, 5-21-2007) 14-6-8: DEMOLITION OF LANDMARKS, SITES, HISTORIC PROP- ERTIES OR STRUCTURES: A. Demolition Generally: Demolition of landmarks, landmark sites, individually designated historic properties or structures within historic districts is prohibited unless, upon application and after hearing, the commission issues a certificate of appropriateness or a certificate of economic nonviability pursuant to subsection 14-6-10H of this chapter. (Ord. 38-06, 6-5-2006) B. Demolition By Neglect Prohibited: The owner of a building or struc- ture in any historic district, or of a landmark or landmark site, or individually designated historic property shall keep in good repair all the exterior portions of such buildings or structures and all interior portions thereof whose maintenance is necessary to prevent deterioration and decay of any exterior portion. This shall be in addition to all other provisions of law requiring property and improvements to be kept in good repair. The owner shall repair the building or structure to correct any of the following defects as determined by the city's building official: 1. Parts which are improperly or inadequately attached so that they may fall and injure persons or property; 2. A deteriorated or inadequate foundation; 3. Defective or deteriorated floor supports or floor supports that are insufficient to carry the loads imposed; 4. Walls, partitions, or other vertical supports that split, lean, list, or buckle due to defect or deterioration or are insufficient to carry the load imposed; October 2009 City of Dubuque 14-6-8 14-6-9 5. Ceilings, roofs, ceiling or roof supports, or other horizontal members which sag, split, or buckle, due to defect or deterioration or are insufficient to support the load imposed; 6. Fireplaces and chimneys which list, bulge, or settle due to defect or deterioration or are of insufficient size or strength to carry the loads imposed; 7. Deteriorated, crumbling, or loose exterior stucco or mortar; 8. Deteriorated or ineffective waterproofing of exterior walls, roofs, foundations or floors, including broken windows and doors; 9. Defective or lack of weather protection for exterior wall coverings, foundations or floors, including broken windows and doors; 10. Any default, defect, or condition in the structure which renders it structurally unsafe or not properly watertight; 11. Deterioration of any exterior feature so as to create a hazardous condition which could make demolition necessary for the public safety; 12. Deterioration or removal after the effective date hereof of any unique architectural feature which would detract from the original architectural style; 13. Deterioration of exterior stairs, porches, handrails, window and door frames, cornices, wall facings, and architectural details that cause instability, loss of shape and form, or crumbling; 14. Rotting, holes, and other forms of decay; or 15. Leaving a building or structure open or vulnerable to vandalism, decay by the elements, or animal and/or insect infestation. (Ord. 38-09, 8-3-2009) 14-6-9: ALTERATION OF LANDMARKS, HISTORIC PROPERTIES, LANDMARK SITES OR STRUCTURES: A. Review By Commission: After designation of a landmark, landmark site, individually designated historic property or historic district by the city council, any proposed alteration or activity which will affect a landmark, landmark site, individually designated historic property or October 2009 City of Dubuque 14-6-9 14-6-9 structure or site within any historic district, and for which a regulated permit or site plan approval is required, shall be reviewed by the historic preservation commission; however, nothing in this chapter shall be construed to prevent ordinary maintenance or repair of any landmark, landmark site or structure or site within a historic district where such maintenance or repair does not involve a material change of appearance which necessitates issuance of a "regulated permit" or site plan approval as herein defined. B. Requirement Of Review Before Issuance: No regulated permit or site plan approval may be issued prior to review by the commission. C. Commission Actions: Upon review, the commission shall have the authority to take the following actions: 1. Authorize Proposed Project, Determination Of No Material Effect: a. If an application submitted to the commission demonstrates compliance with the "secretary of interior's standards and guidelines for archaeology and historic preservation", the "secretary of interior's standards and guidelines for the treatment of historic properties", and the "secretary of the interior's standards for rehabilitation and guidelines for rehabilitating historic buildings", codified as 36 CFR 68, as amended, as established by this chapter and, pursuant to the bylaws adopted by the commission, a determination may be made that such work or activity would: (1) Not result in a material change in appearance; or (2) Not be visible from the public way. b. The city manager or city manager's designee shall make such determination and may issue a determination of no material effect, which shall authorize the proposed work or activity to proceed without a public meeting of the commission. 2. Approve Proposed Project; Certificate Of Appropriateness: a. The commission shall issue a certificate of appropriateness if, upon application and after conducting a review of the application, it finds: October 2009 (1) That the property owner or the property owner's representative has established that the proposed alteration or activity complies with the standards for review set forth by this City of Dubuque 14-6-9 14-6-9 chapter and regulated by the commission and conforms to the purpose and intent of this chapter; and (2) That creating, changing, destroying or affecting the exterior architectural features of the structure, improvement or site upon which the work is to be done will not have a October 2009 City of Dubuque 14-6-9 14-6-9 substantial adverse effect on the aesthetic, historic or architectural significance and value of either the property itself or of the neighboring improvements in a district. b. The issuance of a certificate of appropriateness shall enable the applicant to obtain a regulated permit or site plan approval and to proceed with the proposed alteration or activity. 3. Disapprove Proposed Project; Review Of Preservation Alternatives; Certificate Of Appropriateness: a. The commission shall issue a certificate of appropriateness, upon application for and after conducting a review of preservation alternatives, if it finds: (1) That the property owner or the property owner's representative has established that the preservation alternatives for the proposed alteration or activity comply with the standards for review set forth by this chapter and regulated by the commission, and conform to the purpose and intent of this chapter; and (2) That creating, changing, destroying or affecting the exterior architectural features of the structure, improvement or site upon which the work is to be done will not have a substantial adverse effect on the aesthetic, historic or architectural significance and value of either the property itself or of the neighboring improvements in a district. b. The issuance of a certificate of appropriateness after a review of preservation alternatives shall enable the applicant to obtain a regulated permit or site plan approval and to proceed with the proposed alteration or activity. 4. Disapprove Proposed Project; Certificate Of Economic Nonviability: The commission shall issue a certificate of economic nonviability, upon application or upon its own motion, if: a. A review of preservation alternatives has been conducted and a certificate of appropriateness has been denied; and b. The commission determines that disapproval of the proposed work or activity would prevent the property owner from earning any reasonable economic return from the property. In considering whether the property has been prevented from earning any City of Dubuque 14-6-9 14-6-10 reasonable economic return, the commission shall deny the certificate of nonviability where the inability to earn any reasonable economic return has been created by the property owner's conduct including, but not limited to, neglect of maintenance or absence of bona fide attempts to earn a reasonable economic return. D. Determination Of No Material Effect: The building official, city engineer or other local authorities shall not issue a regulated permit or site plan approval until there has been a determination of no material effect or a certificate of appropriateness or a certificate of economic nonviability issued. E. Transfer Of Determination Prohibited: The transfer of a determination of no material effect, certificate of appropriateness or certificate of economic nonviability from one structure, improvement or site to another structure, improvement or site or from one person to another is prohibited. F. Expiration Of Determination: Each determination of no material effect, certificate of appropriateness or certificate of economic nonviability issued under the provisions of this chapter shall expire and become null and void if the alteration, construction, repair, removal, demolition or excavation for which the determination of no material effect, certificate of appropriateness or certificate of economic nonviability was issued is not initiated within one year of its issuance. (Ord. 38-06, 6-5-2006) 14-6-10: PROCEDURE FOR REVIEW OF PLANS AND APPLICA- TIONS: A. Application For Permit: Application for regulated permit shall be made to the appropriate city official. The application shall state or the appropriate city official shall determine that the proposed alteration, activity or demolition is to be done on a landmark, landmark site, individually designated historic property or on a structure within a historic district. B. Filing Of Application; Review By Commission: Upon the filing of such permit application, the appropriate city official shall notify the applicant that the matter must be reviewed by the historic preservation commission before a regulated permit can be issued. City of Dubuque 14-6-10 14-6-10 C. Action On Application: 1. City Manager Approval: If a permit application demonstrates compliance with the provisions for a determination of no material effect as established by this chapter, then the city manager or city manager's designee shall make such determination and may issue a determination of no material effect, which shall authorize the proposed work or activity to proceed without a public meeting of the commission. 2. Disapproval; Commission Review: If a permit application does not demonstrate compliance with the provisions for a determination of no material effect as established by this chapter, then an application for design review by the commission of the proposed work, activity or demolition must be made by the applicant. Application for commission review shall be filed in the planning services department. D. Commission Review Of Proposed Project: Unless otherwise mutually agreed upon by the applicant and the commission, the commission shall meet within twenty one (21) days after the filing of the application for commission review. The commission shall review the proposed project according to the duties and powers specified in this chapter. In reviewing the proposed project, the commission may confer with the applicant or the applicant's authorized representative. The commission may require submission of such additional drawings, sketches, photographs or other exhibits as it deems reasonably necessary for consideration of the application. E. Commission Approval Or Disapproval: The commission shall approve or disapprove such plan. F. Issuance Of Certificate Of Appropriateness: If the proposed project is approved, the commission shall issue a certificate of appropriate- ness. G. Disapproval; Written Record Required: If the commission disapproves such proposed project, it shall state its reasons and shall transmit to the applicant a written record of its disapproval. The commission may propose appropriate revisions of the applicant's proposal which, if adopted, would cause the commission to reconsider its disapproval. The applicant may make modifications to the proposed project and shall have the right to resubmit a modified proposal at any time. City of Dubuque 14-6-10 14-6-10 H. Review Of Preservation Alternatives: Prior to filing an application for a certificate of economic nonviability, as provided for in subsection I of this section, the applicant shall file an application for a review of preservation alternatives. This application shall document the applicant's attempts to evaluate and obtain "preservation alterna- tives" as defined herein, including, but not limited to, financing, tax incentives, preservation grants, restoration alternatives and other incentives sufficient to allow the applicant to earn a reasonable economic return from the property. 1. After a review of the preservation alternatives, the commission shall approve or disapprove such plan. 2. If the proposed project is approved, the commission shall issue a certificate of appropriateness. 3. If the commission disapproves such proposed project, it shall state its reasons and shall transmit to the applicant a written record of its disapproval. The commission may propose appropriate revisions of the applicant's proposal that, if adopted, would cause the commission to reconsider its disapproval. The applicant may make modifications to the proposed project and shall have the right to resubmit a modified proposal at any time. Certificate Of Economic Nonviability: If the commission disapproves such proposed project after a review of preservation alternatives, it may, upon application or on its own motion, consider issuing a certificate of economic nonviability. 1. Application; Schedule Public Meeting: Upon application or motion for a certificate of economic nonviability, the commission shall schedule a public meeting on that application or motion. 2. Data Provided By Applicant: The commission may solicit expert testimony or require that the applicant for a certificate of economic nonviability make submissions concerning any or all of the following information before rendering its decision: a. Estimate of the cost of the proposed construction, alteration, demolition or removal and an estimate of any additional cost that would be incurred to comply with the recommendations of the historic preservation commission for changes necessary for the issuance of a certificate of appropriateness; City of Dubuque 14-6-10 14-6-10 b. A report from a licensed engineer or architect with experience in rehabilitation as to the structural soundness of any structures and their suitability for rehabilitation; c. Estimated market value of the property in its current condition; after completion of the proposed construction, alteration, demolition or removal; after any changes recommended by the commission; and, in the case of a proposed demolition, after renovation of the existing property for continued use; d. In the case of a proposed demolition, an estimate from an architect, developer, real estate consultant, appraiser or other real estate professional experienced in rehabilitation, as to the economic feasibility of rehabilitation or reuse of the existing structure on the property; e. The amount paid for the property, the date of purchase and the person from whom purchased, including a description of the relationship, if any, between the owner of record or the applicant and the person from whom the property was purchased, and any terms of financing between the seller and buyer; f. If the property is income producing, the annual gross income from the property for the previous two (2) years; g. Itemized operating and maintenance expenses for the previous two (2) years; and depreciation deduction and annual cash flow before and after debt service, if any, during the same period; h. The remaining balance on any mortgage or other financing secured by the property and annual debt service, if any, for the previous two (2) years; i. All appraisals obtained within the previous two (2) years by the owner or applicant in connection with the purchase, financing or ownership of the property; j. Any listing of the property for sale or rent, price asked and offers received, if any, within the previous two (2) years; k. The assessed value of the property according to the two (2) most recent assessments; I. The amount of real estate taxes for the previous two (2) years and whether or not they have been paid; City of Dubuque 14-6-10 14-6-10 m. The form of ownership or operation of the property, whether sole proprietorship, for profit or not for profit corporation, limited partnership, joint venture or other; n. Any other information considered necessary by the commission to make a determination as to whether the property does yield or may yield any reasonable economic return to the property owner(s), including, but not limited to, the income tax bracket of the owner(s) or applicant(s) or of the principal investor(s) in the property; o. Proof of the applicant's efforts to obtain financing, tax incentives, preservation grants and other incentives sufficient to allow the applicant to earn a reasonable and an economic return from the property; and p. A showing of the applicant's efforts in ongoing maintenance and repair. 3. Determination Of Economic Nonviability: The commission shall review all of the evidence and information required of an applicant for a certificate of economic nonviability; and a. If the commission finds that disapproval of the proposed work would prevent the property owner from earning any reasonable economic return from the property, the commission shall: (1) Immediately issue a certificate of economic nonviability; or (2) At its discretion, postpone, for a period not to exceed one hundred eighty (180) days, the issuance of a certificate of economic nonviability. During this time, the commission shall investigate strategies which would allow the property owner to earn a reasonable economic return from the property. No regulated permit shall be issued during this time unless a certificate of appropriateness has been secured. If, at the end of the one hundred eighty (180) day period, the commission, after a public meeting, finds that the property owner still cannot earn any reasonable economic return from the property, it shall issue a certificate of economic nonviability. b. If the commission finds, after initial review or after the one hundred eighty (180) day period of postponement, that the property owner has, in fact, earned or is able to earn a reasonable economic City of Dubuque 14-6-10 14-6-11 return from the property, then the commission shall deny the application for a certificate of economic nonviability. J. Material Change; Requirements: No regulated permit shall be issued authorizing a material change in appearance of a landmark, land- mark site or of a structure or site within a historic district until there is a determination of no material effect or a certificate of appropriate- ness or a certificate of economic nonviability filed with the building official or the city official authorized to issue the necessary regulated permit. K. Notice Of Disapproval: In the event the commission disapproves of a proposed project, the notice of disapproval shall be binding upon the building official, city engineer or other local authority, and no permit shall be issued in such a case. L. Failure To Approve Or Disapprove: The failure of the commission to approve or disapprove an application for a certificate of appropriateness within sixty (60) days from the date of the filing of an application, unless an extension is agreed upon mutually by the applicant and the commission, shall be deemed to constitute approval, unless within such sixty (60) days the commission has made a determination of economic nonviability and has suspended its decision regarding a certificate of economic nonviability pursuant to subsection 13a(2) of this section. (Ord. 38-06, 6-5-2006) 14-6-11: STANDARDS FOR REVIEW: A. Design Review Considerations: The commission shall consider each design review on the merits of the individual case, with due deliberation given to each proposed change(s) and its sympathetic relationship to the specific historic setting, architectural or historic significance, extent of previous alteration, use of original materials and quality of design of the existing structure or site. Commission approval of a particular type of alteration or activity shall not establish a binding precedent for future commission action, but may constitute an additional factor to be considered in subsequent design reviews involving the same type of alteration or activity. B. Guidelines Specified: The "secretary of interior's standards and guidelines for archaeology and historic preservation", the "secretary of interior's standards and guidelines for the treatment of historic properties", and the "secretary of the interior's standards for rehabilitation and guidelines for rehabilitating historic buildings", City of Dubuque 14-6-11 14-6-12 codified as 36 CFR 68, as amended, shall provide the guidelines by which the commission shall review an application for a certificate of appropriateness or certificate of economic nonviability, and any subsequent revisions of these standards and guidelines by the secretary of the interior shall be adopted by the commission. C. Additional Guidelines: The commission shall also be guided by the "Architectural Guidelines For Historic Structures In The Historic Districts Of The City Of Dubuque, Iowa"; the "Streetscape And Landscape Guidelines For The Historic Districts Of The City Of Dubuque, Iowa"; and any design standards specified in the ordinance or amendment designating the landmark, landmark site or historic district. (Ord. 38-06, 6-5-2006) 14-6-12: APPEALS FROM COMMISSION ACTION: A. An aggrieved party may appeal the commission's action to the city council by filing a notice of appeal with the planning services department within thirty (30) days from the date of notice of the commission's action. B. Upon filing of a notice of appeal, the planning services department shall immediately transmit such notice and the record of the action before the commission to the city clerk. C. On appeal, the city council shall consider only the record of the action before the commission. No new matter may be considered. D. The city council shall consider whether the commission has exercised its powers and followed the guidelines established by law and this chapter, and whether the commission's action was patently arbitrary or capricious. E. The city council may affirm or reverse the commission's action, or may refer the matter back to the commission for such further action as may be appropriate. The city clerk shall give written notice of the city council's decision on appeal within seven (7) days of the city council's decision to the appellant and the historic preservation commission. F. An appellant who is not satisfied by the decision of the city council may appeal within sixty (60) days of the city council's decision to the district court for Dubuque County, pursuant to Iowa Code section 303.34. (Ord. 38-06, 6-5-2006) City of Dubuque 14-6-13 14-6-13: INSPECTION: 14-6-14 A. After a certificate of appropriateness or certificate of economic nonviability has been issued and a regulated permit granted to the applicant, the building official, city engineer or other local authority may from time to time inspect the work authorized and shall take such action as is necessary to enforce compliance with the approved plans. B. Historic preservation commissioners may from time to time inspect, from the public way, the work authorized and shall advise the building official or other enforcement authority as necessary to enforce compliance with the approved plans. (Ord. 38-06, 6-5-2006) 14-6-14: VIOLATIONS; PENALTIES: It shall be unlawful for any person to disobey, omit, neglect or refuse to comply with any provision of this chapter, and such person shall be subject to the provisions of title 1, chapter 4 of this code. (Ord. 38-06, 6-5-2006) City of Dubuque ( 7 14-7-1 14-7-3 SECTION: 14-7-1: 14-7-2: 14-7-3: CHAPTER 7 CONDOMINIUM CONVERSIONS Building Code Requirements Filing Declaration With City Clerk Inspection; Certificate Of Compliance 14-7-1: BUILDING CODE REQUIREMENTS: No person shall file a declaration in the office of the county recorder to convert an existing structure to a horizontal property regime unless a certificate of compliance has been issued by the city manager that the converted structure meets the building code requirements of this code in effect on the date of conversion. (2007 Code § 11-80) 14-7-2: FILING DECLARATION WITH CITY CLERK: At least sixty (60) days before being recorded in the office of the county recorder, the declarant shall file a copy of the declaration and as built plans of the structure with the city clerk to enable the city to establish whether or not the converted structure meets the building code requirements. The declarant shall also at the time of filing the declaration and plans pay a condominium conversion fee established by resolution of the city council. (2007 Code § 11-81) 14-7-3: INSPECTION; CERTIFICATE OF COMPLIANCE: A. Inspection: Upon receipt of the plans, the city manager or the city manager's designee shall conduct an inspection of the structure to determine whether or not the structure meets the building code requirements. B. Issuance Of Certificate: If the structure meets the building code requirements, the city manager shall issue a certificate of com- pliance to the declarant. City of Dubuque 14-7-3 14-7-3 C. Notice Of Noncompliance: If the structure does not meet the building requirements, the city manager shall notify the declarant in writing as to the building code requirements not met by the structure. (2007 Code § 11-82) City of Dubuque 14-10-1 14-10-1 CHAPTER 10 SIGNS SECTION: 14-10- 1: Title 14-10- 2: Purpose And Scope 14-10- 3: Definitions 14-10- 4: Application To Existing Signs 14-10- 5: Enforcement; Interpretation; Violations 14-10- 6: Permits Required 14-10- 7: Application For Permit 14-10- 8: Exemptions 14-10- 9: Licensing 14-10-10: Permit Issuance 14-10-11: Fees 14-10-12: Inspections 14-10-13: Design 14-10-14: Construction 14-10-15: Projection And Clearance 14-10-16: Fin Signs 14-10-17: Pole Signs 14-10-18: Ground Signs 14-10-19: Roof Signs 14-10-20: Wall Signs 14-10-21: Projecting Signs 14-10-22: Combination Signs 14-10-23: Marquees, General 14-10-24: Electric Signs 14-10-1: TITLE: These regulations shall be known as the DUBUQUE SIGN CODE, may be cited as such, and will be referred to herein as "this sign code". (2007 Code § 3-34) City of Dubuque 14-10-2 14-10-2: PURPOSE AND SCOPE: 14-10-3 A. The purpose of this sign code is to provide minimum standards to safeguard life, health, property and public welfare by regulating and controlling the design, quality of materials, construction, location, electrification and maintenance of all signs and sign structures not located within a building. B. A sign shall not be erected in a manner that would confuse or obstruct the view or interpretation of any official traffic sign, signal or device. C. The regulations of this sign code are not intended to permit any violation of the provisions of any other lawful ordinance. (2007 Code § 3-35) 14-10-3: DEFINITIONS: For the purpose of this sign code, certain terms, phrases, words and their derivatives shall be construed as specified in either this chapter or as specified in the building code. Where terms are not defined, they shall have their ordinary accepted meanings within the context with which they are used. "Webster's Third New International Dictionary Of The English Language, Unabridged", copy- right 1986, shall be considered as providing ordinary accepted meanings. Words in the singular include the plural and the plural the singular. Words used in the masculine gender include the feminine and the feminine the masculine. APPROVED PLASTIC See definition of Plastic Materials, Approved. MATERIALS: BUILDING CODE: The international building code promulgated by the International Code Council, as adopted by the city of Dubuque and known as the Dubuque building code. CITY MANAGER: The officer or other designated authority charged with the administration and enforce- ment of this sign code, or his or her duly authorized representative. COMBINATION SIGN: Any sign incorporating any combination of the features of pole, projecting and roof signs. City of Dubuque 14-10-3 14-10-3 CURB LINE: The line at the face of the curb nearest to the street or roadway. In the absence of a curb, the curb line shall be established by the city engineer. (See definition of Legal Setback Line.) DISPLAY SURFACE: The area made available by the sign structure for the purpose of displaying the advertising message. ELECTRIC SIGN: Any sign containing electrical wiring, but not including signs illuminated by an exterior light source. FIN SIGN: A sign which is supported wholly by a one-story building of an open air business or by poles placed in the ground or partly by such a pole or poles and partly by a building or structure. GROUND SIGN: LEGAL SETBACK LINE: MARQUEE: A billboard or similar type of sign which is supported by one or more uprights, poles or braces in or upon the ground other than a "combination sign", "fin sign" or "pole sign" as defined by this sign code. A line established by ordinance beyond which a building may not be built. A legal setback line may be a property line. A permanent roofed structure attached to and supported by the building and projecting over public property. NONCOMBUSTIBLE: A. Applied to building construction material shall mean a material which, in the form in which it is used, is either one of the following: 1. Material of which no part will ignite and burn when subjected to fire. Materials required to be noncombustible shall be tested in accordance with ASTM E 136. 2. Material having a structural base of "noncombustible" material as defined in subsection Al of this definition, with a surfacing City of Dubuque 14-10-3 14-10-3 material not over one-eighth inch (1/8") thick which has a flame spread rating of fifty (50) or less. B. "Noncombustible" does not apply to surface finish materials. Materials required to be noncombustible for reduced clearances to flues, heating appliances, or other sources of high temperature shall refer to materials conforming to subsection Al of this definition. No materials shall be classed as noncombustible which are subject to increase in combustibility or flame spread rating beyond the limits herein estab- lished, through the effects of age, moisture or other atmospheric condition. C. "Flame spread index" as used herein refers to a comparative measure, expressed as a dimensionless number, derived from visual measurements of the spread of flame versus time for a material tested in accordance with ASTM E 84. NONSTRUCTURAL The molding, battens, caps, nailing strips, TRIM: latticing, cutouts or letters and walkways which are attached to the sign structure. PLASTIC MATERIALS, Any thermoplastic, thermosetting or reinforced APPROVED: thermosetting plastic material that conforms to combustibility classifications specified in the section applicable to the application and plastic type. POLE SIGN: A sign wholly supported by a sign structure in the ground. PORTABLE DISPLAY SURFACE: PROJECTING SIGN: A display surface temporarily fixed to a standardized advertising structure which is regularly moved from structure to structure at periodic intervals. A sign other than a wall sign, which projects from and is supported by a wall of a building or structure. City of Dubuque 14-10-3 14-10-4 PROJECTION: The distance by which a sign extends over public property or beyond the building line. REFERENCED The standards listed in chapter 35 of the current STANDARDS: international building code, as adopted by this jurisdiction. ROOF SIGN: A sign erected upon or above a roof or parapet of a building or structure. SIGN: Any medium, including its structure and component parts, which is used or intended to be used to attract attention to the subject matter for advertising purposes other than paint on the surface of a building. SIGN STRUCTURE: Any structure which supports or is capable of supporting any "sign" as defined in this sign code. A sign structure may be a single pole and may or may not be an integral part of the building. STRUCTURE: That which is built or constructed, an edifice or building of any kind, or any piece of work artificially built up or composed of parts joined together in some definite manner. TEMPORARY SIGN: Any sign, banner, pendant, valance or advertis- ing display constructed of cloth, canvas, light fabric, cardboard, wallboard or other light materials, with or without frames, intended to be displayed for a limited period of time only. WALL SIGN: Any sign attached to or erected against the wall of a building or structure, with the exposed face of the sign in a plane parallel to the plane of said wall. (2007 Code § 3-38) 14-10-4: APPLICATION TO EXISTING SIGNS: A. General: Signs in existence at the time of the adoption of this sign code may have their existing use continued, if such sign was legal at the time of adoption of this sign code; provided, that proof of City of Dubuque 14-10-4 14-10-5 insurance as required in subsection 14-10-10B of this sign code is filed with the city manager. B. Maintenance Of Existing Signs: All existing signs and sign support structures, together with all of their supports, braces, guys and anchors, shall be kept in repair and in a proper state of preservation. The display surfaces of all signs shall be kept neatly painted or posted at all times. C. Moved Signs: Signs moved into or within the city shall comply with the provisions of this sign code for new signs. (2007 Code § 3-36) 14-10-5: ENFORCEMENT; INTERPRETATION; VIOLATIONS: A. Authority: The city manager is hereby authorized and directed to enforce all the provisions of this sign code. For such purposes, the city manager shall have the powers of a law enforcement officer. B. Right Of Entry: Whenever necessary to make an inspection to enforce any of the provisions of this sign code, or whenever the city manager 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 building or premises unsafe, dangerous or hazardous, the city manager or authorized representative may enter such building or premises at all reasonable times to inspect the same or to perform any duty imposed upon the city manager by this sign code; provided, that if such building or premises be occupied, the city manager or authorized representative shall first present proper credentials and request entry; and if such building or premises be unoccupied, there shall first be made a reasonable effort to locate the owner or other persons having charge or control of the building or premises and request entry. If such entry is refused, the city manager or authorized representative shall have recourse to every remedy provided by law to secure entry. C. Board Of Appeals: In order to provide for reasonable interpretation of the provisions of this sign code, there is hereby established a board of appeals as provided in the building code. D. Violations: It shall be unlawful for any person to erect, construct, enlarge, alter, repair, move, remove, improve or maintain any sign or sign structure or cause or permit the same to be done in violation of this sign code. The doing of any act, or the omission of any act, declared to be unlawful by this sign code, or any code or ordinance City of Dubuque 14-10-5 14-10-7 herein adopted by reference shall be deemed a separate offense for each and every day or portion thereof during which any such unlawful act is committed, continued or permitted and, upon conviction, shall be punishable as provided in title 1, chapter 4 of this code. The penalty herein provided shall be cumulative with and in addition to the revocation, cancellation or forfeiture of any license or permit elsewhere in this code provided for violation thereof. (2007 Code § 3-37) k 14-10-6: PERMITS REQUIRED: A sign shall not hereafter be erected, reerected, constructed, altered or maintained, except as provided by this sign code and after a permit for the same has been issued by the city manager. A separate permit shall be required for a sign or signs for each business entity, and a separate permit shall be required for each group of signs on a single supporting structure. In addition, electrical permits shall be obtained for electric signs. (2007 Code § 3-39) 14-10-7: APPLICATION FOR PERMIT: A. Contents Of Application: Application for a sign permit shall be made in writing upon forms furnished by the city manager. Such application shall contain the location by street and number of the proposed sign structure, as well as the name and address of the owner and the sign contractor or erector. B. Plans And Specifications: 1. Submission: Plans, engineering calculations, diagrams and other data shall be submitted in one or more sets with each application for a permit. The city manager may require plans, computations and specifications to be prepared and designed by an engineer or architect licensed by the state to practice as such. 2. Exception: The city manager may waive the submission of plans, calculations, construction inspection requirements, etc., if he or she finds that the nature of the work applied for is such that reviewing of plans is not necessary to obtain compliance with this sign code. C. Information On Plans And Specifications: Plans and specifications shall be drawn to scale upon substantial paper or cloth and shall be of sufficient clarity to indicate the location, nature and extent of the work proposed and show in detail that it will conform to the City of Dubuque 14-10-7 14-10-8 provisions of this sign code and all relevant laws, ordinances, rules and regulations. (2007 Code § 3-40) 14-10-8: EXEMPTIONS: The following signs shall not require a sign permit. These exemptions shall not be construed as relieving the owner of the sign from the responsibility of its erection and maintenance, and its compliance with the provisions of this sign code or any other law or ordinance regulating the same. A. The changing of the advertising copy or message on a painted or printed sign only. B. Painting, repainting or cleaning of an advertising structure or the changing of the advertising copy or message thereon shall not be considered an erection or alteration which requires a sign permit unless a structural change is made. C. Holiday or special events decorations. D. Nameplate of two (2) square feet or less. E. Signs erected by a governmental body relating to public information, safety, traffic direction or control or as a public service. F. Signs relating to any emergency. G. Real estate signs on residential property advertising sale or rent, provided they are not over twelve (12) square feet in area and not over six feet (6') in height; or real estate signs advertising commercial, agricultural or industrial property; or subdivisions of multiple lots for sale or lease, provided they are not over thirty two (32) square feet in area and twelve feet (12') in height. H. Interior window signs. Signs placed for construction projects which will be removed at the completion of the project. J. Nonilluminated on premises directional signs which identify a premises or provide instruction for the safe and efficient flow of vehicular or pedestrian traffic which are less than six feet (6') above grade and are six (6) square feet or less in area. K. Official flags of any governmental body. (2007 Code § 3-41) City of Dubuque 14-10-9 14-10-9 14-10-9: LICENSING: A. License Required: 1. Compliance: No person shall erect, construct, enlarge, alter, repair, move, remove, improve or maintain any sign or sign structure, as covered by this sign code, or cause or permit the same to be done unless licensed by the city as provided in this chapter. 2. Exception: No license shall be required of a person to erect, construct, enlarge, alter, repair, move, remove, improve or maintain any sign or sign structure exempted from the requirement to obtain a permit as specified in section 14-10-8 of this sign code. B. License Fee; Insurance: Before a license is granted to any applicant under this section and before a license is renewed, the applicant shall pay the city a fee established by the city manager and furnish the required evidence of insurance in such an amount as herein specified for an annual license. C. Insurance Required: Prior to the issuance or renewal of a sign erection license, the applicant shall furnish to the city manager such comprehensive public liability and property damage insurance written by an insurer licensed to do business in the state as shall protect the contractor, the city and any subcontractor during the performance of work covered by this chapter from claims or damages, personal injury, including accidental death, as well as for claims for property damages, which may arise from operations under this project, whether such operations be by the contractor or by any subcontractor, or by anyone directly or indirectly employed by either the contractor or by any subcontractor, or by anyone directly or indirectly employed by either of them, or in such a manner as to impose liability on the city; and the amounts of such insurance shall be as determined by the city manager. Such insurance shall name the city as insured along with the contractor, and shall hold harmless the city against all suits and claims arising from or as the result of the operations of the contractor or the contractor's subcontractors. 1. The amount of coverage shall be as follows: Comprehensive public liability insurance as determined by the city manager for each occurrence (bodily injury and property damage). 2. Each sign erection contractor shall also maintain on file with the city manager a certificate evidencing that the insurer will give the city City of Dubuque 14-10-9 14-10-10 manager fifteen (15) days' written notice prior to termination or cancellation of the required insurance. 3. Upon notice of termination or cancellation of insurance, the city manager shall notify the license holder by certified mail that the sign erection license is revoked effective on the date of termination or cancellation of the required insurance coverage and, further; that all outstanding sign permits are revoked on the date of termination or cancellation of the required insurance. D. Expiration: Each license issued under this section shall expire on December 31, following the date of its issue and shall be renewed by the city upon application of the license holder and payment of the required fee and proof of insurance any time on or before January 1 of each year. (2007 Code § 3-42) 14-10-10: PERMIT ISSUANCE: A. Issuance: The application, plans, specifications and other data filed by an applicant for a permit shall be reviewed by the city manager. Such plans may be reviewed by other departments and/or divisions of the city to verify compliance with any applicable regulations or ordinances under their jurisdiction. If the city manager finds that the work described in an application for a sign permit and the plans, specifications and other data filed therewith conform to the requirements of this sign code and other pertinent laws and ordinances, and that the fees specified have been paid, the city manager shall issue a permit therefor to the applicant. B. Insurance For Signs Projecting Over Public Property: Prior to issuance of any permit for a sign projecting into public right of way or public property, proof of insurance shall be furnished to the city manager. Coverage shall consist of such comprehensive public liability and property damage insurance written by an insurer licensed to do business in the state as shall protect the city during the life of the sign from claims or damages, personal injury, including accidental death, as well as claims for property damages, which may arise from the existence of the sign in such a manner as to impose liability on the city, and the amounts of such insurance shall be as determined by the city manager. Such insurance shall name the city as insured along with the owner and/or occupant of the premises, and shall hold harmless the city against all suits and claims arising from the existence of the sign or signs for which a permit is requested. City of Dubuque 14-10-10 14-10-10 1. The amount of coverage shall be as determined by the city manager for public liability insurance for bodily injury and property damage. 2. Each owner and/or occupant of a premises required to furnish proof of insurance shall also maintain on file with the city manager a certificate evidencing that the insurer will give the city manager fifteen (15) days' written notice prior to termination or cancellation of the required insurance. 3. Upon notice of cancellation or termination of insurance, or expiration of proof of insurance, the city manager shall notify the owner and/or occupant of the premises for which proof of insurance is required by certified mail that the sign or signs are in violation of this sign code and shall be removed by the date stipulated in the notice. C. Validity Of Permit: 1. The issuance or granting of a permit shall not be construed to be a permit for, or an approval of, any violation of any of the provisions of this sign code or of any other ordinance of the city. Permits presuming to give authority to violate or cancel the provisions of this sign code or of any other ordinances of the city shall not be valid. 2. The issuance of a permit based upon plans, specifications and other data shall not prevent the city manager from thereafter requiring the correction of errors in said plans, specifications and other data. D. Expiration: 1. Every permit issued by the city manager under the provisions of this sign code shall expire by limitation and become null and void if the building or work authorized by such permit is not commenced within one hundred eighty (180) days from the date of such permit, or if the building or work authorized by such permit is suspended or abandoned at any time after the work is commenced for a period of one hundred eighty (180) days. Before such work can be recommenced, a new permit shall be first obtained. In order to renew action on a permit after expiration, the permittee shall pay a new full permit fee. 2. Any permittee holding an unexpired permit may apply for an extension of the time within which he may commence work under City of Dubuque 14-10-10 14-10-11 that permit when he is unable to commence work within the time required by this section for good and satisfactory reasons. The city manager may extend the time for action by the permittee for a period not exceeding one hundred eighty (180) days upon written request by the permittee showing that circumstances beyond the control of the permittee have prevented action from being taken. No permit shall be extended more than once. E. Suspension Or Revocation: The city manager may, in writing, suspend or revoke a permit issued under the provisions of this sign code whenever the permit is issued in error or on the basis of incorrect information supplied, or in violation of any ordinance or regulation or any of the provisions of this sign code. (2007 Code § 3-43) 14-10-11: FEES: A. Permit Fees: The fee for each sign permit shall be as determined by the city manager. B. Expiration Of Plan Review: Applications for which no permit is issued within one hundred eighty (180) days following the date of application shall expire by limitation, and plans and other data submitted for review may thereafter be returned to the applicant or destroyed by the city manager. The city manager may extend the time for action by the applicant for a period not exceeding one hundred eighty (180) days upon request by the applicant showing that circumstances beyond the control of the applicant have prevented action from being taken. No application shall be extended more than once. In order to renew action on an application after expiration, the applicant shall resubmit plans and pay a new plan review fee. C. Investigation Fees; Work Without Permit: 1. Investigation: Whenever any work for which a permit is required by this sign code has been commenced without first obtaining said permit, a special investigation shall be made before a permit may be issued for such work. 2. Fee: An investigation fee, in addition to the permit fee, shall be collected whether or not a permit is then or subsequently issued. The investigation fee shall be equal to the amount of the permit fee required by this sign code. The minimum investigation fee shall be City of Dubuque 14-10-11 14-10-13 as determined by the city manager. The payment of such investigation fee shall not exempt any person from compliance with all other provisions of this sign code nor from any penalty prescribed by law. D. Fee Refunds: 1. The city manager may authorize the refunding of any fee paid hereunder which was erroneously paid or collected. 2. The city manager may authorize the refunding of not more than eighty percent (80%) of the permit fee paid when no work has been done under a permit issued in accordance with this sign code. 3. The city manager shall not authorize the refunding of any fee paid except upon written application filed by the original permittee not later than one hundred eighty (180) days after the date of fee payment. (2007 Code § 3-44) 14-10-12: INSPECTIONS: A. All signs for which a permit is required shall be subject to inspection by the city manager. B. Footing inspections shall be required by the city manager for all signs having footings. C. All signs containing electrical wiring shall be subject to the provisions of the electrical code, and the electrical components used shall bear the label of an approved testing agency. D. The city manager may order the removal of any sign that is not maintained in accordance with the provisions of subsection 14-10-4B of this chapter. E. All signs may be reinspected at the discretion of the city manager. (2007 Code § 3-46) 14-10-13: DESIGN: A. General: Signs and sign structures shall be designed and constructed to resist wind as specified in this section. All bracing systems shall be designed and constructed to transfer lateral forces City of Dubuque 14-10-13 14-10-14 to the foundations. For signs on buildings, the dead and lateral loads shall be transmitted through the structural frame of the building to the ground in such a manner as not to overstress any of the elements thereof. B. Overturning: The overturning momentum produced from lateral forces shall in no case exceed two-thirds (2/3) of the dead load resisting moment. Uplift due to overturning shall be adequately resisted by proper anchorage to the ground or to the structural frame of the building. The weight of earth superimposed over footings may be used in determining the dead load resisting moment. Such earth shall be carefully placed and thoroughly compacted. C. Wind Loads: Signs and sign structures shall be designed and constructed to resist wind forces as specified in the building code. D. Vertical Load: Vertical design loads, except roof live loads, shall be assumed to be acting simultaneously with the wind or seismic loads. E. Allowable Stresses: The design of wood, concrete, steel or aluminum members shall conform to the requirements of the building code. Loads, both vertical and horizontal, exerted on the soil shall not produce stresses exceeding those specified in the building code. 1. The design of wood, concrete, steel or aluminum members shall conform to the requirements of the building code. Loads, both vertical and horizontal, exerted on the soil shall not produce stresses exceeding those specified in the building code. 2. The working stresses of wire rope and its fastenings shall not exceed twenty five percent (25%) of the ultimate strength of the rope or fasteners. 3. Working stresses for wind combined with dead loads may be increased as specified in the building code. (2007 Code § 3-47) 14-10-14: CONSTRUCTION: A. General: The supports for all signs or sign structures shall be placed in or upon private property and shall be securely built, constructed and erected in conformance with the requirements of this sign code. B. Materials: Materials of construction for signs and sign structures shall be of the quality and grade as specified for buildings in the City of Dubuque 14-10-14 14-10-14 building code. In all signs and sign structures, the materials and details of construction shall, in the absence of specified requirements, conform with the following: (2007 Code § 3-48) 1. Steel shall be of such quality as to conform with ASTM standard A 6/A 6M -04a "specification for general requirements for rolled steel, structural steel bars, plates, shapes and sheet piling". Secondary members, when formed integrally with the display surface, shall be not less than 0.024 inch in thickness. When not formed integrally with the display surface, the minimum thickness of the secondary members shall be 0.10 inch. The minimum thickness of hot rolled steel members furnishing structural support for signs shall be one- fourth inch (1/4"), except that, if galvanized, such members shall be not less than one-eighth inch (1/8") thick. Steel pipes shall be of such quality as to conform with ASTM standard A 6/A 6M -04a "specifica- tion for general requirements for rolled steel, structural steel bars, plates, shapes and sheet piling". Steel members may be connected with one galvanized bolt, provided the connection is adequate to transfer the stresses in the members. (2007 Code § 3-48) 2. Anchors and supports when of wood and embedded in the soil, or within six inches (6") of the soil, shall be of all heartwood of a durable species or shall be pressure treated with an approved preservative. Such members shall be marked or branded by an approved agency. C. Restrictions On Combustible Materials: 1. Ground Signs: Ground signs may be constructed of any material meeting the requirements of this sign code. 2. Combination Signs, Roof Signs, Other Signs: Combination signs, roof signs, wall signs, projecting signs and signs on marquees shall be constructed of noncombustible materials, except as provided in subsection D of this section. No combustible materials other than approved plastics shall be used in the construction of electric signs. 3. Exceptions: a. Roof signs may be constructed of unprotected combustible materials on roofs of combustible construction. b. Roof signs with a maximum surface area of fifty (50) square feet and a maximum height of five feet (5') may be constructed of combustible materials on roofs of any type of construction. City of Dubuque 14-10-14 14-10-14 c. Nonelectric wall signs may be constructed of unprotected combustible materials on walls permitted to be of unprotected combustible construction. D. Nonstructural Trim: Nonstructural trim and portable display surfaces may be of wood, metal, approved plastics or any combination thereof. E. Anchorage: 1. Members supporting unbraced signs shall be so proportioned that the bearing loads imposed on the soil in either direction, horizontal or vertical, shall not exceed the safe values. Braced ground signs shall be anchored to resist the specified wind or seismic load acting in any direction. Anchors and supports shall be designed for safe bearing loads on the soil and for an effective resistance to pullout amounting to a force twenty five percent (25%) greater than the required resistance to overturning. Anchors and supports shall penetrate to a depth below ground greater than that of the frost line. 2. Portable ground signs supported by frames or posts rigidly attached to the base shall be so proportioned that the weight and size of the base will be adequate to resist the wind pressure specified in this chapter. 3. Signs attached to masonry, concrete or steel shall be safely and securely fastened thereto by means of metal anchors, bolts or approved expansion screws of sufficient size and anchorage to support safely the loads applied. 4. No wooden blocks or plugs or anchors with wood used in connection with screws or nails shall be considered proper anchorage, except in the case of signs attached to wood framing. 5. No anchor or support of any sign shall be connected to, or supported by, an unbraced parapet wall, unless such wall is designed in accordance with the requirements for parapet walls specified for seismic zones in the building code. City of Dubuque 14-10-14 14-10-15 F. Display Surfaces: 1. Display surfaces in all types of signs may be made of metal, glass or approved plastics. 2. Glass thickness and area limitations shall be as set forth in table 3-A in section 14-10-15 of this chapter. 3. Sections of approved plastics on wall signs shall not exceed two hundred twenty five (225) square feet in area. Exception: Sections of approved plastics on signs other than wall signs may be of unlimited area if approved by the city manager. 4. Sections of approved plastics on wall signs shall be separated three feet (3') laterally and six feet (6') vertically by the required exterior wall construction. Exception: Sections of approved plastics on signs other than wall signs may not be required to be separated if approved by the city manager. G. Approved Plastics: The city manager shall require that sufficient technical data be submitted to substantiate the proposed use of any plastic material and, if it is determined that the evidence submitted is satisfactory for the use intended, the city manager may approve its use. (2007 Code § 3-48) 14-10-15: PROJECTION AND CLEARANCE: A. General: Signs shall conform to the clearance and projection requirement of this section and table 3-B of this section. B. Clearance From High Voltage Power Lines: Signs shall be located not less than six feet (6') horizontally or twelve feet (12') vertically from overhead electrical conductors which are energized in excess of seven hundred fifty (750) volts. The term "overhead conductors" as used in this section means any electrical conductor, either bare or insulated, installed above the ground, except such conductors as are enclosed in iron pipe or other material covering of equal strength. C. Clearance From Fire Escapes, Exits Or Standpipes: No sign or sign structure shall be erected in such a manner that any portion of its City of Dubuque 14-10-15 14-10-15 surface or supports will interfere in any way with the free use of any fire escape, exit or standpipe. D. Obstruction Of Openings: 1. No sign shall obstruct any openings to such an extent that Tight or ventilation is reduced to a point below that required by this sign code. 2. Signs erected within five feet (5') of an exterior wall in which there are openings within the area of the sign shall be constructed of noncombustible material or approved plastics. E. Projection Over Alleys: No sign or sign structure shall project into any public alley. F. Clearance From Streets: The horizontal clearance between a sign and the curb line shall be not Tess than two feet (2'). G. Projection And Clearance: 1. A sign projecting more than two-thirds (2/3) of the distance from the property line to the curb line shall be not less than twelve feet (12') above the grade level directly below. 2. A sign projecting less than two-thirds (2/3) of the distance from the property line to the curb line shall be not Tess than ten feet (10') above the grade level directly below. TABLE 3-A SIZE, THICKNESS AND TYPE OF GLASS PANELS IN SIGNS Maximum Size Of Exposed Glass Panel Any Dimension Area Maximum Thickness Of Glass Type Of Glass 30" 500 sq. in. 1/8" Plain, plate or wired 45" 700 sq. in. 3/16" Plain, plate or wired 144" 3,600 sq. in. 1/4" Plain, plate or wired Over 144" Over 3,600 sq. in. 1/4" Wired glass City of Dubuque 14-10-15 14-10-17 TABLE 3-B THICKNESS OF PROJECTING SIGNS Projection Maximum Thickness 5' 2' 4' 2'6" 3' 3' 2' 3'6" 1' 4' (2007 Code § 3-49) 14-10-16: FIN SIGNS: A. General: Fin signs shall be constructed of noncombustible material, except as provided in section 14-10-14 of this chapter. (2007 Code § 3-50) B. Design: All supports of fin signs shall be placed upon private property and shall be securely built, constructed and erected to conform with requirements specified in this chapter. (2007 Code § 3-51) C. Projection And Clearance: 1. General: Fin signs may project beyond the property or legal setback line in accordance with the projection specified in the zoning ordinance of the city. 2. Thickness Limitation: The thickness of that portion of a fin sign which projects over public property shall not exceed the maximum set forth in table 3-B in section 14-10-15 this chapter. (2007 Code § 3-52) 14-10-17: POLE SIGNS: A. General: Pole signs shall be constructed of noncombustible material, except as provided in this chapter. (2007 Code § 3-53) City of Dubuque 14-10-17 14-10-19 B. Design: All supports of pole signs shall be placed upon private property and shall be securely built, constructed and erected to conform with requirements specified in this chapter. (2007 Code § 3-54) C. Projection And Clearance: Projection of pole signs shall conform to the requirements of this chapter and requirements of the zoning ordinance of the city. (2007 Code § 3-55) 14-10-18: GROUND SIGNS: A. General: Ground signs shall be constructed of any material meeting the requirements of this sign code, except as provided herein. (2007 Code § 3-56) B. Design: Ground signs shall be designed in accordance with the requirements specified in this chapter. (2007 Code § 3-57) C. Projection: Ground signs shall not project over public property and shall meet the requirements of the zoning ordinance of the city. (2007 Code § 3-58) 14-10-19: ROOF SIGNS: A. General: Roof signs shall be constructed of noncombustible materials, except as provided in this chapter. (2007 Code § 3-59) B. Design: Roof signs shall be thoroughly secured and anchored to the frame of the building over which they are constructed and erected and shall be designed in accordance with the requirements specified in this chapter. (2007 Code § 3-60) C. Projection And Clearance: 1. Projection: Roof signs may project over public property or beyond a legal setback line complying with the requirements specified in this chapter and the requirements of the zoning ordinance of the city. 2. Clearance And Access: Passage clear of all obstructions shall be left under or around, and immediately adjacent to, all signs exceeding a height of four feet (4') above the roof thereunder. Such passages shall be not less than three feet (3') wide and four feet (4') high and shall be at parapet or roof level. City of Dubuque 14-10-19 14-10-21 3. Passage Criteria: There shall be one such passage or access opening as follows: a. For each roof sign upon a building. b. An access opening for every fifty (50) linear feet of horizontal roof sign extension. c. Within twenty feet (20') of walls and parapets when roof signs are at right angles to a face of the building. (2007 Code § 3-61) 14-10-20: WALL SIGNS: A. General: Wall signs shall be constructed of noncombustible material, except as provided in this chapter. (2007 Code § 3-62) B. Design: Wall signs shall be designed in conformance with the requirements specified in this chapter. (2007 Code § 3-63) C. Projection And Clearance: 1. Projection: No wall sign shall have a projection over public property or beyond a legal setback line greater than the distances specified in this chapter and the requirements of the zoning ordinance of the city. No wall sign shall extend above any adjacent parapet or roof of the existing building. 2. Thickness: The thickness of that portion of a wall sign which projects over public property or a legal setback line shall not exceed the maximum as set forth in table 3-B in section 14-10-15 of this chapter. (2007 Code § 3-64) 14-10-21: PROJECTING SIGNS: A. General: Projecting signs shall be constructed of noncombustible materials, except as specified in this chapter. (2007 Code § 3-65) B. Design: Projecting signs shall be designed in accordance with the requirements specified in this chapter. (2007 Code § 3-66) City of Dubuque 14-10-21 14-10-23 C. Projection And Clearance: 1. Projection: Signs may project over public property or a legal setback line a distance determined by the clearance of the bottoms thereof above the level of the sidewalk or grade immediately below, as set forth in this chapter, and the requirements of the zoning ordinance of the city. 2. Thickness: The thickness of a projecting sign exclusive of letters and trim shall not exceed that set forth in table 3-B in section 14-10-15 of this chapter. (2007 Code § 3-67) 14-10-22: COMBINATION SIGNS: A. General: 1. Combination signs shall be constructed of noncombustible materials, except as specified in this chapter. 2. The individual requirements of roof, projecting and pole signs shall be applied for combination signs incorporating any or all of the requirements specified in this chapter. (2007 Code § 3-68) B. Design: All supports of combination signs shall be placed in or upon private property and shall be securely built, constructed and erected to conform with the requirements specified in this chapter. (2007 Code § 3-69) C. Projection And Clearance: 1. Projection: Combination signs may project over public property or beyond a "legal setback line" as specified in the zoning ordinance of the city. 2. Thickness: The thickness of that portion of a combination sign which projects over public property shall not exceed the maximum set forth in table 3-B in section 14-10-15 of this chapter. (2007 Code § 3-70) 14-10-23: MARQUEES, GENERAL: Signs may be placed on, attached to, or constructed in a marquee. Such signs shall, for the purpose of determining projection, clearance, height and material, be considered a part of and shall meet the requirements for a marquee as City of Dubuque 14-10-23 14-10-24 specified in chapter 11 of the building code and appendix A of this city code, the zoning ordinance. (2007 Code § 3-71) 14-10-24: ELECTRIC SIGNS: A. General: 1. Electric signs shall be constructed of noncombustible material, except as provided in this chapter. 2. The enclosed shell of electric signs shall be watertight, except that service holes fitted with covers shall be provided into each compart- ment of such signs. (2007 Code § 3-72) B. Regulations: 1. Installation: Electrical equipment used in connection with display signs shall be installed in accordance with the electrical code. 2. Erector's Name: Every electric sign projecting over any street or alley or public place shall have painted or labeled on the surface of the sign the name of the sign erector and date of erection. Such name and date shall be of sufficient size and contrast to be readable from a reasonable distance at grade. Failure to provide such name and date shall be grounds for rejection of the sign by the city manager. (2007 Code § 3-73) City of Dubuque TITLE 15 PLANNING AND ZONING Subject Chapter Comprehensive Plan 1 Long Range Planning Advisory Commission 2 Zoning Advisory Commission 3 City of Dubuque 15-3-1 15-3-4 CHAPTER 3 ZONING ADVISORY COMMISSION SECTION: 15-3-1: Commission Created; Composition; Appointment 15-3-2: Appointment To Airport Zoning Commission 15-3-3: Term Of Office 15-3-4: Powers 15-3-5: Organization; Meetings 15-3-6: Procedures For Operations 15-3-1: COMMISSION CREATED; COMPOSITION; APPOINT- MENT: There is hereby created a city zoning advisory commission, which shall consist of seven (7) residents of the city, appointed by the city council, who shall be qualified by knowledge, experience and ability to act in matters pertaining to short range planning and zoning, none of whom shall hold an elective position in the city. (2007 Code § 36-10) 15-3-2: APPOINTMENT TO AIRPORT ZONING COMMISSION: Two (2) members of the commission shall be appointed by the city council to serve on the airport zoning commission. A member shall serve out the term on the airport zoning commission even if the member's term on the zoning commission has expired. (2007 Code § 36-10.1) 15-3-3: TERM OF OFFICE: The term of office for members of the zoning advisory commission shall be three (3) years or until a successor is duly appointed. (2007 Code § 36-12) 15-3-4: POWERS: The zoning advisory commission shall concern itself with short range physical planning and shall have and possess the following powers, duties and responsibilities: A. To prepare and recommend a zoning ordinance by exercising the powers conferred by Iowa Code chapter 414, "municipal zoning". City of Dubuque 15-3-4 15-3-5 Such zoning ordinance shall include the boundaries of the various zoning districts; the height, number of stories and size of buildings and other structures in each district; the percentage of ground that may be occupied; setback requirements; the size of yards, courts and other open space; the density of population; the location and use of buildings, structures, and land for trade, industry, commercial, residential or other purposes; and such regulations and restrictions necessary to enforce such zoning provisions. To this end, the zoning advisory commission shall prepare a preliminary zoning ordinance and hold public hearings thereon and after such hearings have been held, shall submit a final zoning ordinance and its recommendations to the city council; B. To recommend to the city council, from time to time, as conditions require, amendments, supplements, changes or modifications to the zoning ordinance but only after a public hearing; C. To make such surveys, studies, maps, plans or plats of the whole or any portion of the city and of any land outside thereof, which in the opinion of the zoning advisory commission are consistent with the comprehensive plan and are necessary to carry out the purposes of the commission; D. To make recommendations to the city council upon plans, plats or replats of subdivisions or resubdivisions within the city which show streets, alleys or other portions of the same intended to be dedicated for public use; E. To make recommendations to the long range planning advisory com- mission on the preparation and maintenance of the comprehensive plan; F. To fulfill those duties and responsibilities assigned to a city planning commission in Iowa Code chapter 354, "plats"; and G. To undertake from time to time other specific short range planning projects which may be referred to it by the city council. (2007 Code § 36-13) 15-3-5: ORGANIZATION; MEETINGS: A. Officers; Rules And Regulations: The zoning advisory commission shall choose annually, at its first regular meeting of the fiscal year, one of its members to act as chairperson, and another of its City of Dubuque 15-3-5 15-3-6 members to act as vice chairperson, to perform all of the duties of the chairperson during the chairperson's absence or disability. The commission shall adopt such rules and regulations governing its operation and procedure as may be deemed necessary. B. Meetings: The zoning advisory commission shall hold a regular meeting at least monthly. C. Attendance: Attendance of all members shall be entered on the minutes. If any member fails to attend at least two-thirds (2/3) of all regularly scheduled meetings within any twelve (12) month period, such failure shall constitute grounds for the commission to recommend to the city council that said member be replaced. D. Minutes Filed With City Clerk: The zoning advisory commission shall file with the city clerk a copy of the minutes of each regular and special meeting of the commission within ten (10) working days after each such meeting. (2007 Code § 36-14) 15-3-6: PROCEDURES FOR OPERATIONS: All administrative, personnel, accounting, budgetary and procurement policies of the city shall govern the zoning advisory commission in all its operations. (2007 Code § 36-15) City of Dubuque P TITLE 16 SUBDIVISIONS Subject Chapter Definitions And General Subdivision Regulations 1 Platting Procedures 2 Design And Improvement Standards 3 City of Dubuque 16-1-1 16-1-2 CHAPTER 1 DEFINITIONS AND GENERAL SUBDIVISION REGULATIONS SECTION: 16-1- 1: 16-1- 2: 16-1- 3: 16-1- 4: 16-1- 5: 16-1- 6: 16-1- 7: 16-1- 8: 16-1- 9: 16-1-10: 16-1-11: Purpose Definitions Applicability Conformance To Comprehensive Plan Recording Of Subdivision Plats Interpretation Conflict Separability Administration, Enforcement And Penalties Exception Of Specific Subdivision Requirements Application Fee For Subdivision Plat Review Required 16-1-1: PURPOSE: The purpose of the regulations of this title is to protect the public health, safety and general welfare while allowing for cost saving efficiencies. These regulations are to aid and to control the subdivision of land in the interest of coordinated development of the city; to establish a consistent policy for plats submitted to the commission and the council; and to enable the commission and city council to ascertain whether the same conform to the applicable statutes and ordinances. (2007 Code § 42-2) 16-1-2: DEFINITIONS: The following words and phrases are defined, for the purposes of this title, as follows: ALLEY: A platted, dedicated, and recorded passageway not over twenty feet (20') in width, between rear or side property lines of lots, designed to serve as secondary access to those lots. BLOCK: An area of land within a subdivision that is entirely bounded by streets, railroad rights of City of Dubuque 16-1-2 16-1-2 way, rivers, tracts of public land or the boundary of the subdivision or a combination thereof. BUILDING PERMIT: A document issued under the authority of this code which authorizes the construction or modification of a structure on a property. CITY STANDARDS: The design and improvement standards and specifications established annually for subdivi- sions by the city manager. COMMISSION: The zoning advisory commission of the city of Dubuque, Iowa. COMPREHENSIVE The general plan or series of plans for the PLAN: development of the community, which has been adopted by the city council in accordance with this code. Such comprehensive plan shall include any part of such plan separately adopted and any amendment to such plan or parts thereof. DRIVE, PRIVATE: An unplatted, private passageway providing access to a street. IMPROVEMENT: Any change to land necessary to prepare it for building sites, including, but not limited to, grading, filling, street paving, curb paving, sidewalks, walkways, water mains, sewers, drainageways and other public works and appurtenances. LOT: A distinct parcel, tract or portion of a subdivision, the location, dimensions and boundaries of which are determined by a final plat. OWNER: The person or persons having legal and equitable title to the land to be subdivided. PERSON: An individual, two (2) or more individuals, a group or association of persons having common or individual interest in a tract, a partnership or a corporation. City of Dubuque 16-1-2 16-1-2 PLAT: The graphical representation of a survey of one or more parcels of land, including a complete and accurate description of each parcel within the plat, prepared by a registered land surveyor. PUBLIC UTILITY EASEMENT: A portion of a lot or block in which the city and all public utilities enfranchised by the city have a right of passage and/or a right to install and maintain pipes, wires, poles, conduits, and other equipment necessary to carry out public or quasi -public services. SIMPLE DIVISION: Any subdivision in which no new streets, public or private, are proposed, which does not require the construction of any public improvements, and which contains fewer than three (3) lots. STREET, ARTERIAL: A street primarily intended to carry traffic from one part of the city to another and secondarily intended to provide access to abutting properties. STREET, COLLECTOR: A street primarily intended to gather traffic from a subdivision and carry it to an arterial street, but also intended to provide direct access to abutting properties. STREET, CUL-DE-SAC: A short, local street terminating in a turnaround and having only one outlet. STREET, LOCAL: A street intended to provide direct access to abutting properties. STREET, PRIVATE: A platted and recorded lot of common owner- ship, usually by a property owner association, not dedicated to the city, giving access to the other lots of the subdivision and to the adjoining street pattern. STREET, PUBLIC: A dedicated, platted, recorded and accepted passageway for public travel. City of Dubuque 16-1-2 16-1-6 SUBDIVISION: A division of a lot, block, tract, or parcel of land into two (2) or more lots or other division including all changes in street lines or lot lines. UTILITIES: Systems for the distribution or collection of water, gas, wastewater, stormwater, electricity and telephone and cable television service. ZONING ORDINANCE: Appendix A of this code and all amendments thereto. (2007 Code § 42-1) 16-1-3: APPLICABILITY: These regulations shall apply to all land to be divided or subdivided that is within the limits of the city or within two (2) miles of the limits of the city as provided in the code of Iowa. (2007 Code § 42-3) 16-1-4: CONFORMANCE TO COMPREHENSIVE PLAN: All lands proposed for subdivision shall conform in development to the intent and spirit of the comprehensive plan, insofar as practical, in the location of streets, alleys, boulevards, parks, and other public places and facilities; and shall not conflict or interfere with the rights of way or future extensions of streets shown thereon or already established. The provisions in this title shall be administered to ensure orderly growth and development and shall supplement and facilitate the provisions in the comprehensive plan, zoning ordinance, city standards, and capital improvement budget. (2007 Code § 42-4) 16-1-5: RECORDING OF SUBDIVISION PLATS: No person shall subdivide any tract of land to which this title applies without recording a plat thereof in the office of the county recorder of Dubuque County, Iowa, which plat shall first have been prepared and approved in conformity with the provisions of this title and the Iowa Code. (2007 Code § 42-5) 16-1-6: INTERPRETATION: In their interpretation and application, the provisions of this title shall be held to be minimum requirements. (2007 Code § 42-7) City of Dubuque 16-1-7 16-1-11 16-1-7: CONFLICT: Where the conditions imposed by any provisions of this title are either more restrictive or less restrictive than comparable conditions imposed by any other provisions of this title or of any other applicable law, ordinance, resolution, rule or regulation of any kind, the regulations which are more restrictive and impose higher standards or requirements shall govern. (2007 Code § 42-8) 16-1-8: SEPARABILITY: The provisions of this title are separable. If a section, sentence, clause, or phrase of this title is adjudged by a court of competent jurisdiction to be invalid, the decision shall not affect the remaining portions of this title. (2007 Code § 42-9) 16-1-9: ADMINISTRATION, ENFORCEMENT AND PENALTIES: A. It shall be the duty of the city manager to administer and enforce the provisions of this title and to bring to the attention of appropriate officers of the city any violation or lack of compliance. B. No building permit shall be issued for any structure on a lot or lots in a subdivision, which is in violation of this title. (2007 Code § 42-10) 16-1-10: EXCEPTION OF SPECIFIC SUBDIVISION REQUIRE- MENTS: The zoning advisory commission and city council, when acting upon an application for preliminary or final subdivision approval, shall have the power to grant such exceptions from the require- ments of this title for subdivision approval as may be reasonable and within the general purpose and intent of the provisions for subdivision review and approval of this title if the literal enforcement of one or more provisions of this title is impracticable or will exact an undue hardship because of peculiar conditions pertaining to the land in question. (2007 Code § 42-11) 16-1-11: APPLICATION FEE FOR SUBDIVISION PLAT REVIEW REQUIRED: No plat for any subdivision or resubdivision shall be considered filed for review, unless and until said plat is accompanied by a fee in the amount as established by resolution of the city council in an official schedule of planning and zoning fees. (2007 Code § 42-12) City of Dubuque 16-2-1 16-2-2 CHAPTER 2 PLATTING PROCEDURES SECTION: 16-2-1: Subdivisions Classified 16-2-2: Review Process 16-2-3: Application Information Requirements 16-2-4: Iowa 32 (Southwest Arterial) Corridor Review 16-2-1: SUBDIVISIONS CLASSIFIED: A. Simple Division: Any subdivision in which no new streets, public or private, are proposed, which does not require the construction of any public improvements, and which contains fewer than three (3) lots, shall be classified as a simple division. B. Minor Subdivision: Any subdivision in which no new streets, public or private, are proposed and which does not require the construction of any public improvements and which contains three (3) or more lots, shall be classified as a minor subdivision. C. Major Subdivision: Any subdivision which is not a simple subdivision or a minor subdivision shall be classified as a major subdivision. (2007 Code § 42-13) 16-2-2: A. REVIEW PROCESS: General Information: 1. Preliminary grading may be permitted only with the written approval of the city manager, when a grading and erosion control plan has been submitted and approved. No final grading shall commence before a final plat of the subdivision is approved as required by this section. City of Dubuque 16-2-2 16-2-2 2. Preliminary construction work in accordance with the city standards and this title may be permitted with the written approval of the city manager; provided, that the owner first waives, in writing, any claims against the city which may result from the denial of or changes required for the final plat. 3. The owner shall also obtain any state or federal permits which may be required prior to commencing construction of improvements. B. Simple Divisions: 1. Simple divisions shall be reviewed by the city manager to determine compliance with this title. 2. The city manager may set conditions to provide that the division meets the requirements of all applicable city regulations. 3. No plats for simple divisions shall be recorded unless the city manager has approved the plat. C. Minor Subdivisions: 1. A preapplication conference shall be encouraged, but not required for a minor subdivision. 2. A preliminary plat is not required for a minor subdivision. However, the zoning advisory commission may, in special circumstances where the commission determines that the final plat does not convey enough information to adequately review the subdivision, require additional information or a complete preliminary plat. 3. The owner shall submit twenty (20) copies of the final plat to the city planner. The final plat must show all information required by this chapter. 4. The commission shall review a final plat to determine whether or not the plat is in substantial conformance to the preliminary plat for the property, this title and the comprehensive plan. If the commission finds that the plat conforms to all applicable city and state codes, the comprehensive plan and the preliminary plat, the commission shall approve the plat. The commission shall submit its findings on the final plat to the city council, which must act within sixty (60) days of the filing of the final plat with the city manager. City of Dubuque 16-2-2 16-2-2 5. If the commission fails to approve the final plat, or approves it with conditions, the commission shall transmit its findings, required conditions and/or reasons for its denial to the owner, and the owner shall not submit the final plat to the city council until the city manager determines that all conditions have been met, or until all reasons for the denial have been addressed to the satisfaction of the zoning advisory commission in a regularly scheduled meeting. Under no circumstances shall a final plat which has not been approved by the zoning advisory commission be submitted to the city council. 6. The city council shall review final plats to determine conformance to this title. 7. The commission and city council must approve an identical plat. If conditions are imposed upon or changes required to the plat by the city council after the commission's review and action, the plat shall be resubmitted to the commission for signature. D. Major Subdivisions: 1. The owner of a major subdivision shall comply with the requirements for a preapplication conference as stated in this chapter. 2. An approved preliminary plat shall be required for a major subdivision. After the preapplication conference, the owner shall submit twenty (20) copies of the preliminary plat as required by the city manager. The preliminary plat must show all information required by this chapter. The preliminary plat shall be reviewed by the zoning advisory commission only, except when a preliminary plat is submitted that includes a private street, in which case both the zoning advisory commission and the city council shall review and approve the submitted preliminary plat. The review shall be to determine compliance with all relevant sections of the subdivision and zoning ordinances and shall be approved or denied within sixty (60) days of the filing of the preliminary plat with the city manager. Approval of the commission shall remain in effect for a period of two (2) years. 3. Upon receipt of the preliminary or final plat application, the city manager shall distribute copies of the plat to the affected city departments and utility companies for review and shall file the plat with the commission. City of Dubuque 16-2-2 16-2-3 4. The owner shall submit twenty (20) copies of the final plat to the city manager. The final plat must show all information required by this chapter. The city manager shall review final plats to determine whether or not said plat is in substantial conformance to the preliminary plat for the property, this title and the comprehensive plan. If the city manager finds that the plat conforms to all applicable city and state codes, the comprehensive plan and the preliminary plat, the city manager shall approve the plat. The city manager shall submit such findings on the final plats to the city council, who must act within sixty (60) days of the filing of the final plat with the city manager. 5. If the city manager approves the final plat, the approval shall be endorsed on the plat. If the city manager fails to approve the final plat, findings and reasons for its denial shall be submitted to the owner, and the owner shall revise the final plat to correct the reasons for recommending denial or can appeal the staff's decision to the zoning advisory commission and then to the zoning board of adjustment. 6. The city council shall review final plats to determine conformance to this title. If the plat conforms to the code of Iowa and this title, and if the plat is in conformity with the comprehensive plan for the city, then the city council shall approve the plat and shall cause its approval to be entered on the plat. The city council may require as a condition of approval of the plat that the owner of the land bring all streets to a grade acceptable to the city council, and comply with such other reasonable requirements in regard to installation of public utilities or other improvements as the city council may deem requisite for the protection of the public interest. 7. The commission and city council must approve an identical plat. If conditions are imposed upon or changes required to the plat by the city council after the commission's review and action, the plat shall be resubmitted to the commission for signature. 8. Preliminary and final plats shall not be submitted in combination. (2007 Code § 42-14) 16-2-3: APPLICATION INFORMATION REQUIREMENTS: A. Simple Divisions: A simple division shall require a final plat of the property prepared according to the requirements of subsection D of this section. City of Dubuque 16-2-3 16-2-3 B. Preapplication Conference; Major Subdivisions: Whenever a major subdivision is proposed, the owner shall schedule a preapplication conference with the city manager prior to submission of the preliminary plat. Such conference may also be attended by such other city and utility company representatives. Such conference shall be held to acquaint the affected parties with the proposed subdivision and to discuss procedures and requirements involved with the subdivision process. C. Preliminary Plats: Any owner requesting preliminary plat approval shall submit the following to the city manager: 1. Narrative Information: a. A completed copy of the application form for subdivision approval. b. A filing fee as established by city council resolution. 2. Graphic Information To Be Shown On Plat: The preliminary plat drawn at a scale of one inch equals two hundred feet (1" = 200') or larger, on a sheet not exceeding twenty four by thirty six inches (24 x 36"). Preliminary plat shall be clearly marked "preliminary plat" and shall show the following: a. The subdivision name, scale, north arrow and date. b. The name and address of the property owner and the name and address of the person or firm preparing the plat. c. A key map showing the general location of the subdivision in relation to surrounding streets and development. d. All adjacent streets and subdivisions and the names of all the owners of record of all adjacent property. e. The legal description of the property included in the proposed subdivision. f. The approximate total area of the proposed subdivision, and the approximate total area proposed and/or in the public way. g. The zoning of the proposed subdivision and adjoining properties. City of Dubuque 16-2-3 16-2-3 h. The layout, numbers, approximate dimensions and area of proposed lots. i. The existing and proposed topography of the subdivision showing contours at appropriate vertical intervals not exceeding four (4) vertical feet. j. The location of all existing easements, buildings, watercourses, tree masses and other features located within one hundred feet (100') of the subdivision, including floodplains and floodways as defined and mapped by the federal emergency management agency. k. The location, width, dimensions, approximate grades and proposed names of all public streets proposed to be dedicated for public use and of all private streets proposed to be provided for by perpetual easement. I. The location of present and proposed utility systems, including sanitary and storm sewers, water lines and other facilities located within one hundred feet (100') of the plat. m. Proposed perpetual easements showing locations, widths and purposes. n. Parcels of land proposed to be dedicated or reserved for schools, parks, playgrounds, or public or semipublic purposes. o. Any other pertinent information as determined by the city planner. 3. Other Information To Be Shown On Additional Pages: a. A preliminary grading and erosion control plan. b. A general summary description of any covenants or private restrictions to be incorporated in the final plat. c. A proposed street tree planting plan. D. Final Plats: Any owner requesting final plat approval shall submit to the city planner: City of Dubuque 16-2-3 16-2-3 1. Narrative Information: a. A completed copy of the application form for subdivision approval. b. The filing fee as established by city council resolution. c. An original and three (3) copies of the surveyor's certificates. d. An original and three (3) copies of the certificates, as appropriate. e. A copy of any presently applicable and/or proposed restrictions or covenants of all types that affect or will affect the subdivision. f. Reproducible plans (on Mylar or an equivalent reproducible plastic film) of the street, sanitary sewer, storm sewer, water main, sidewalk, and street lighting construction which are being proposed for dedication to the city. g. A final grading and erosion control plan. h. The existing zoning of the proposed subdivision and adjoining property. i. The existing and proposed topography of the subdivision showing contours at appropriate vertical intervals not exceeding four (4) vertical feet. j. The location of any required easements. k. A street tree planting plan, in accordance with city standards. I. The location of present and proposed utility systems, including sanitary and storm sewers, water lines and other facilities located within one hundred feet (100') of the plat. m. Any other pertinent information, as determined by the city planner. 2. Graphic Information To Be Shown On Plat: The final plat, drawn on Mylar or equivalent reproducible plastic film, and copies thereof, drawn at a standard engineering scale on a sheet size not exceeding twenty four by thirty six inches (24 x 36"), at a scale of one inch City of Dubuque 16-2-3 16-2-4 equals two hundred feet (1" = 200') or larger. The final plat shall be clearly marked "final plat" and shall show the following: a. The subdivision name, scale, north arrow and date. b. The name and address of the property owner and the name and address of the person or firm preparing the plat. c. All adjoining streets and subdivisions. d. The legal description of the property included in the proposed subdivision. e. The total area of the proposed subdivision, and the total area proposed and/or in the public way. f. All dimensions, both linear and angular, necessary for locating boundaries of the subdivided area, the lots, blocks, streets, alleys, easements, and any other similar public and private uses. g. All monuments to be of record. h. All distance, bearing, curve and other survey data as required by chapters 114A and 409A of the code of Iowa. i. Block and lot numbers, including the layout, accurate dimensions, and area of proposed lots. j. The location, width, dimension and names of all public streets to be dedicated for public use and of all private streets provided for by perpetual easement. k. Any private restrictions which are proposed, or reference shall be made to them thereon. (2007 Code § 42-15) 16-2-4: IOWA 32 (SOUTHWEST ARTERIAL) CORRIDOR REVIEW: A proposed plat that divides any parcel within the Iowa 32 (southwest arterial) corridor into two (2) or more lots, and any preliminary plat within the Iowa 32 (southwest arterial) corridor shall be submitted to the city council for review. No plat for any subdivision or resubdivision of property in the Iowa 32 (southwest arterial) corridor, as shown delineated on drawings on file in the city clerk's office, shall be approved by the city council, from the effective date hereof to July 1, 2010, except where a City of Dubuque 16-2-4 16-2-4 vested right to the issuance of such approval accrued to any person, fine or corporation as a matter of law prior to the effective date hereof. Notwithstanding the foregoing, the city council may approve a proposed plat or preliminary plat upon a determination that the proposed subdivision will not negatively impact the acquisition of right of way along the preferred alignment of the Iowa 32 (southwest arterial) corridor. The applicant shall provide the city council with a plat prepared by a licensed engineer or land surveyor that accurately depicts the parcel(s) to be subdivided and the location of the Iowa 32 (southwest arterial) corridor boundaries. The city council shall also consider any recommendation from the southwest arterial technical committee regarding potential negative impacts, if any, that would result from approval of the proposed plat or preliminary plat and the subsequent development of the parcel(s). (Ord. 41-08, 6-16-2008) City of Dubuque 16-3-1 16-3-1 CHAPTER 3 DESIGN AND IMPROVEMENT STANDARDS SECTION: 16-3-1: Subdivision Design Standards 16-3-2: Smaller Lot Development 16-3-3: Blocks And Lots 16-3-4: Streets 16-3-5: Water Supply 16-3-6: Sanitary Sewers 16-3-7: Stormwater, Grading And Erosion Control 16-3-8: Improvement Guarantees 16-3-1: SUBDIVISION DESIGN STANDARDS: A. Subdivision Design: 1. Design of the subdivision shall be in conformance with the comprehensive plan, zoning ordinance and city standards. 2. To the maximum extent practicable, the subdivision shall be designed to preserve the natural features of the site, to avoid areas of environmental sensitivity, and to minimize negative impacts and alteration of the natural features. 3. The subdivision shall be laid out to avoid adversely affecting ground water and aquifer recharge; to reduce cut and fill; to avoid unnecessary impervious cover; to prevent flooding; to provide adequate access to lots and sites; and to mitigate adverse effects of shadow, noise, odor, traffic, drainage, and utilities on neighboring properties. 4. The subdivision shall be laid out to create Tots which provide sufficient area for development outside utility easements. No buildings, fill, or grading shall occur within the utility easements without approval of the city manager. City of Dubuque 16-3-1 16-3-2 B. Installation Of Improvements: Public improvements including streets, sanitary sewers, storm sewers, water mains, street lighting, street trees, and sidewalks shall be installed in accordance with the city standards. C. Corners To Be Marked: Each corner of each lot shall be marked by a land surveyor registered in the state of Iowa. D. Open Space: In subdividing property, consideration shall be given to the dedication of suitable sites for parks, playgrounds, schools and other open space areas, so as to conform, as nearly as possible, to the comprehensive plan and the needs of the city and the adjacent area. Such provision may be indicated on the preliminary and final plats for consideration by the commission and city council when, whether, and in what manner such sites will be dedicated to the public. (2007 Code § 42-17) 16-3-2: SMALLER LOT DEVELOPMENT: The zoning advisory commission and city council may approve major subdivisions with lot area and dimensions less than required by subsection B of this section, and those lots shall be buildable; provided, that: A. Purpose: The purpose of creating the subdivision with smaller than normal lots is to aid in the development of affordable housing, or to encourage and promote flexibility, economy, and environmental soundness in layout and design of residential developments only. It is the intent of this section to allow lots that are smaller than normally allowed by the subdivision ordinance where all or most of the lots in the subdivision are of a similar size. It is not the intent of this section to allow the creation of small remnant lots in subdivisions where most lots meet the requirements of subsection B of this section. B. Lot Size: No lot may be created that is so narrow, has such little area, or that is so irregularly shaped that it would be impractical, as determined by the zoning advisory commission at the time of the subdivision review, to construct a principal structure on it that: 1. Could be used for purposes that are permissible in that zoning district; and 2. Would satisfy all applicable lot coverage and setback requirements for the zoning district in which the development is located. City of Dubuque 16-3-2 16-3-3 C. Plat Approval: The subdivision plat is approved by a three-fourths (3/4) vote of the members of the zoning advisory commission and of the city council. D. Variance Issuance Restriction: 1. No lot so created, with lot area and dimensions that are less than required in subsection B of this section, shall be entitled to a variance from any bulk regulations of the zoning ordinance. 2. In such a case, the subdivider shall note on the plat creating the subdivision, which lots are not allowed a variance. (2007 Code § 42-18) 16-3-3: BLOCKS AND LOTS: A. Numbering: All blocks and lots shall be numbered systematically for identification. B. Lot And Area Dimensions: The minimum area and dimensions for lots shall conform to the applicable requirements of the area regulations of the zoning ordinance. All lots shall front on a public street or an approved private street as permitted in the zoning ordinance. Lots with double frontages shall not be permitted unless one frontage is an arterial street without access rights. Triangular lots shall be avoided whenever possible. C. Lot Lines: Insofar as practical, the side lot lines shall be perpendicular to the street on which the lot fronts. D. Remnant Lots: In cases where irregularity of ownership or street lines would produce remnant lots less than the minimum area required by the zoning ordinance, such area shall be added to adjoining Tots. E. Exceptional Sized Lots: When the tract is subdivided into parcels larger than the usual building lots, such tract shall be divided so as to allow for the opening of streets, and such parcels shall be multiples, in area, of units not less than the lot areas required by the zoning ordinance. (2007 Code § 42-19) City of Dubuque 16-3-4 16-3-4 16-3-4: STREETS: A. General: The arrangement of arterial and collector streets shall conform to the circulation plan of the comprehensive plan. For streets not shown in the comprehensive plan, the arrangement shall provide for the appropriate extension of existing streets. Private streets shall conform to city standards for private streets. B. Right Of Way: 1. The right of way shall be measured from lot line to lot line and shall be sufficiently wide to contain the street pavement, curbs, shoulders, sidewalks, utilities, street lighting and street trees placed within the right of way. 2. The right of way width of a new street that is a continuation of an existing street shall in no case be continued at a width less than that of the existing street. The right of way width shall vary with street classification according to the city standards. 3. Dedication of half streets (right of way) is discouraged but may be approved by commission and city council to serve the public interest. Lots abutting on such right of way shall be nonbuildable until the remainder of the street is dedicated to the public. C. Street Classification: 1. Streets shall be classified by the city manager as arterial, collector, local or alley. The street hierarchy shall be defined by the city manager based on road function and average daily traffic in accordance with the city standards. 2. Each street shall be classified and designed for its entire length to meet the standards for one of the street types defined in the city standards. 3. The owner shall demonstrate to the satisfaction of the commission and the city council that the distribution of traffic to the proposed street system will not exceed the requirements set forth in the city standards. D. Street Width: Street width shall consider possible limitations imposed by sight distances, climate, terrain, and maintenance needs. To minimize street costs, the minimum width assuring satisfaction of City of Dubuque 16-3-4 16-3-4 needs shall be selected. Street widths for each street classification shall conform to the city standards. E. Pavement Standards: Street pavement thickness shall vary by street classification, subgrade properties and pavement type as specified in the city standards. F. Street Alignment: Arterial and collector streets shall be continued in as direct an alignment as topography and other conditions permit. Local streets shall conform to the prevailing topography of the subdivision. G. Street Grades: The minimum gradient for all streets shall be one-half percent (0.5%). The maximum gradient for arterial streets shall be eight percent (8%); for collector streets ten percent (10%); and for local streets twelve percent (12%). Grades of up to fifteen percent (15%) may be allowed on secondary access, local streets with the approval of the zoning advisory commission and city council. The grade within the circle of a cul-de-sac shall be no more than four percent (4%). H. Names Of Streets: Streets that are aligned with existing or platted streets, or essentially so, shall bear the names of the existing streets. Names for new streets shall not duplicate in spelling, nor sound phonetically similar to existing street names in the city or county of Dubuque. Street names shall be approved by the commission and city council. Easements: Easements shall be provided as determined necessary for public utility requirements. Public utility easements shall measure at least ten feet (10') on either side of the utility line and may vary as needed, while storm and sanitary sewer easements and water main easements shall be at least twenty feet (20') in width. J. Curbs: 1. Curb requirements and construction shall be in accordance with the city standards. 2. Where curbing is not required, as in planned developments or within two (2) miles of the city limits, edge definition and stabilization shall be furnished as recommended by the city manager. Shoulders and swales shall be reviewed on a case by case basis with the city manager. City of Dubuque 16-3-4 16-3-5 3. Curbing shall be designed to provide a ramp for wheelchairs and disabled access as required by the code of Iowa and the city standards. K. Sidewalks: 1. Sidewalks shall be required on all public street frontages and constructed in accordance with the city standards. 2. Sidewalks shall be placed four feet (4') behind the curb parallel to the street, unless an exception has been permitted by the city manager to preserve topographical or natural features or to provide visual interest, or unless the subdivider shows that an alternative pedestrian system provides safe and convenient circulation. 3. In planned developments, sidewalks may be located away from the road system to link dwelling units with other dwelling units, the street and on site activity centers such as parking areas and recreational areas. They may also be required parallel to the street for safety and other reasons. L. Bikeways: 1. Separate bicycle paths shall be required only if such paths have been specified as part of the comprehensive plan. 2. Bicycle lanes, where required, shall be placed in the outside lane of a roadway adjacent to the curb or shoulder. When on street parking is permitted, the bicycle lane shall be between the parking lane and the outer lane of moving vehicles. Lanes shall be delineated with markings, preferably striping. Raised reflectors or curbs shall not be used. M. Utility And Street Tree Areas: Utilities and street trees shall generally be located within the right of way on both sides of and parallel to the street, in accordance with the city standards. Street trees may also be placed outside the public right of way, in accordance with the city standards. (2007 Code § 42-20) 16-3-5: WATER SUPPLY: A. Connection To Public Water Supply System: All water supply installations for major and minor subdivisions in the city limits shall City of Dubuque 16-3-5 16-3-6 be properly connected with an approved and functioning public water supply system. B. Future Connection; Capped System Or Payment In Lieu: If a public water supply system is to be provided to the area within a three (3) year period as indicated in the comprehensive plan, the city council may require installation of a capped system within the street or road right of way; or the city council may require a payment in lieu of the improvement. C. Approval Of Water Sources Or Systems: All proposals for new public water supply systems or extensions to existing public water systems, or the use of wells and other water sources, shall be approved by the city manager. D. Adequate Supply: The water supply system shall be adequate to handle the necessary flow based on complete development of the subdivision. Water supply system design and placement shall comply with the city standards. E. Fire Hydrants: Fire hydrant size, type, location and installation shall comply with the minimum city standards. (2007 Code § 42-21) 16-3-6: SANITARY SEWERS: A. Connection To Approved Sewer System: All sanitary sewer installations for major and minor subdivisions shall be properly connected to an approved and functioning sanitary sewer system in accordance with the city standards. B. Future Connection; Capped System Or Payment In Lieu: If a public sanitary sewer system will be provided to the area within a three (3) year period as indicated in the comprehensive plan, the city council may require installation of a capped system within the street or road right of way; or the city council may require a payment in lieu of the improvement. C. System Approval: All proposals for new public sanitary sewer systems, extensions to existing public sanitary sewer systems or the installation of a capped system, or use of individual subsurface disposal systems, shall be approved by the city manager. D. Adequate System: The sanitary sewer system shall be adequate to handle the necessary flow based on complete development. Sanitary City of Dubuque 16-3-6 16-3-8 sewer system design and placement shall comply with the city standards. (2007 Code § 42-22) 16-3-7: STORMWATER, GRADING AND EROSION CONTROL: A. Design: Design of the stormwater, grading and erosion control management system shall be consistent with general and specific concerns, values, and standards of the comprehensive plan and applicable county, regional, and state storm drainage control programs. Design shall be in accordance with the city standards and this code. B. Minimizing Impact To Adjacent Properties: The best available technology shall be used to minimize the impact to adjacent properties, off site stormwater runoff, increase on site infiltration, encourage natural filtration functions, simulate natural drainage systems, and minimize off site discharge of pollutants to ground and surface water, in accordance with the city standards, this code, state and federal regulations. C. Grading And Erosion Control Plans: Preliminary and final grading and erosion control plans shall comply with this code and the city standards. (2007 Code § 42-23) 16-3-8: IMPROVEMENT GUARANTEES: A. Application: Before the recording of final plats, or as a condition of approval of final plats, the commission and city council shall require the following guarantees: 1. The furnishing of a performance guarantee in an amount not less than one hundred ten percent (110%) of the cost of construction of public improvements by the owner. Upon determination by the city engineer that a public improvement is substantially complete, the amount of such guarantee shall be reduced to twenty five percent (25%) of the cost of construction of the public improvement. "Substantially complete" shall mean that the public improvement has been inspected by the city engineer and determined by the city engineer to be constructed in accordance with the approved plans and specifications; and 2. Provision for a maintenance guarantee in the amount of twenty five percent (25%) of the cost of the public improvements by the City of Dubuque 16-3-8 16-3-8 owner for a period of two (2) years after final acceptance of the improvements by the city council; and 3. Payment of city inspection fees for public improvements shall be based upon three percent (3%) of the construction costs of the public improvements. (Ord. 5-07, 2-20-2007) B. Time Extension: The time allowed for installation of the improvements for which the performance guarantee has been provided may be extended by the commission and city council by resolution. C. Inspection: Upon completion of all required improvements, the owner shall notify the city manager, in writing, of the completion of improvements, and shall send a copy to the city planner. The city manager shall inspect all improvements of which such notice has been given and shall make a detailed report, in writing, indicating either approval or rejection of such improvements with a statement of reasons for any rejection. D. Performance And Maintenance Mechanisms: Performance and maintenance guarantees may be provided by a variety of means subject to the approval of the city including, but not limited to, the following: 1. Surety Bond: The owner may obtain a surety bond from a surety bonding company authorized to do business in the state; or 2. Letter Of Credit: The owner may provide an irrevocable letter of credit from a financial institution acceptable to the city; or 3. Escrow Account: The owner may deposit cash, or cash equivalent, either with the city, or with a financial institution acceptable to the city, pursuant to an escrow agreement acceptable to the city; or 4. Certificate Of Deposit: The owner may deposit a certificate of deposit in the name of the city, with a financial institution acceptable to the city. E. Sidewalk Installation: Sidewalk installation shall be the responsibility of the owner of property abutting the public right of way. This responsibility shall extend to all successors, heirs and assignees. Sidewalk installation will not be required until the development of a lot has been completed. In sparsely developed subdivisions, sidewalks on developed lots will not be required until fifty percent City of Dubuque 16-3-8 16-3-8 (50%) of the lots approved by the plat have been developed. All vacant lots shall have sidewalks installed upon development of eighty percent (80%) of the lots approved by the plat. (2007 Code § 42-24) City of Dubuque -A- -A- A ACCESSIBILITY CODE FOR READILY ACHIEVABLE CHANGES Compliance Agreements 14-11-5 General Enforcement 14-11-4 Licenses And Permits 14-11-8 Notices And Orders Of Building Official 14-11-6 Owner Defined; Landlord And Tenant Responsibilities 14-11-2 Public Accommodations 14-11-1 Removal Of Architectural Barriers If Readily Achievable 14-11-3 Responsible Parties 14-11-9 Supplemental Membership On Building Code And Advisory Appeals Board 14-11-7 ACCIDENTS, VEHICULAR 9-7-321.262 — 9-7-321.266 ACCUMULATION OF SOLID WASTE AND NOXIOUS SUBSTANCES 6-4-3A ADMINISTRATION Charter 1-5 City Officers And Employees 1-7 Definitions 1-3 Dubuque City Code 1-1 Elections, Precincts And Wards 1-8 Emergency Succession During Disaster 1-11 Evidentiary Hearings By City Council 1-9 General Penalty 1-4 Mayor And City Council 1-6 Rules And Procedure 1-6A Miscellaneous Administrative Provisions Bonds; Approval 1-10-2 City Flag 1-10-5 City Seal 1-10-4 Emergency Location For City Government 1-10-3 Fiscal Year 1-10-1 Saving Clause 1-2 ADULT ENTERTAINMENT ESTABLISHMENTS Applicability To Existing Businesses 4-8-15 Conduct Regulations 4-8-16 Definitions 4-8-2 Exhibition Of Sexually Explicit Films On Premises 4-8-13 Expiration And Renewal Of License 4-8-7 Failure Of City To Meet Deadline Not To Risk Applicant/Licensee Rights 4-8-18 Fees 4-8-5 Hearing; License Denial, Suspension, Revocation; Appeal 4-8-10 Hours Of Operation 4-8-12 City of Dubuque -A- -A- ADULT ENTERTAINMENT ESTABLISHMENTS (cont.) Inspection 4-8-6 Issuance Of License 4-8-4 License Required 4-8-3 Loitering; Lighting Requirements 4-8-14 Nuisance Declared 4-8-19 Rationale And Findings 4-8-1 Revocation 4-8-9 Scienter Required To Prove Violation Or Business Licensee Liability 4-8-17 Severability 4-8-20 Suspension 4-8-8 Transfer Of License 4-8-11 Zoning Requirements And Definitions Appendix A Sec. 4-8 AIRPORT Administration And Enforcement Airport Commission 12-1-1 Airport Manager 12-1-2 Airport Zoning Commission 12-1-3 Airport Zoning Regulations Appeals 12-3-7 Board Of Adjustment 12-3-3 Conflicting Regulations 12-3-9 Definitions 12-3-2 Enforcement 12-3-8 Height Limitations 12-3-5 Land And Nonconforming Use Restrictions 12-3-6 Short Title 12-3-1 Zones 12-3-4 General Regulations Government Regulations Adopted; Conformance 12-2-3 Limitations On Use 12-2-2 Name 12-2-1 Off Airport Car Rental Business 12-2-8 Parking Lots Established; Fees 12-2-9 Permits Required 12-2-4 Registration Required 12-2-5 Violations; Ejection Of Offenders 12-2-7 Waiver And Indemnification Of City 12-2-6 ALARM SYSTEM PERMITS Application For Permit 7-4-3 Assistance Provided 7-4-8 Definitions 7-4-1 Duties Of Chief Of Police 7-4-7 Permit Fees 7-4-4 Permit Required 7-4-2 City of Dubuque -A- -A- ALARM SYSTEM PERMITS (cont.) Prohibited Acts 7-4-9 Revocation Of Permit 7-4-5 Service Charges 7-4-6 ALCOHOLIC BEVERAGES (See Also LIQUOR CONTROL) 4-2A AMBULANCES Ambulance Service Rates 6-3-1 Service Area 6-3-2 AMENDMENTS Building Codes 14-1A-2 City Code 1-1-2 Electrical Code 14-1D-2 Energy Conservation Code 14-1 C-2 Fire Code 14-1E-2 Mechanical Code 14-1F-2 Plumbing Code 14-1H-2 Residential Code 14-1B-2 Zoning Appendix A Sec. 6-3 ANIMAL CONTROL Animals In Parks 10-5B-3, 10-5B-4, 10-5B-7 Dangerous Animals Definitions 7-6D-1 Dogs, Cats Exempted 7-6D-2 Exceptions To Keeping And Licensing Restrictions 7-6D-4 General Prohibition And Duty 7-6D-6 Keeping Of Dangerous Animals Restricted 7-6D-3 Regulations For Keeping 7-6D-5 Seizure, Impoundment And Disposition Of Dangerous Animals 7-6D-7 Dogs And Cats Definitions 7-6B-1 Directing Dog With Malicious Intent 7-6B-8 Female Dogs In Season 7-6B-6 Harboring Vicious Dog Or Cat 7-6B-4 Impoundment, Redemption And Disposition Of Unclaimed Animals 7-6B-10 Keeping Cats Or Dogs On Unoccupied Residential Property Prohibited 7-6B-3 Licensing; Tags And Fees 7-6B-2 Nuisance 7-6B-5 Running At Large 7-6B-7 Use Of Dog In Illegal Activity Prohibited 7-6B-9 Miscellaneous Provisions Restrictions On Maintaining Livestock 7-6A-2 Sale Of Baby Chickens And Ducklings 7-6A-1 Storage Of Animal Food 7-6A-3 October 2009 City of Dubuque -A- -B- ANIMAL CONTROL (cont.) Nuisance Conditions 6-4-3 Potentially Vicious Dogs Definition 7-6E-1 Disposition Of Potentially Vicious Dog 7-6E-5 Exceptions To Classification 7-6E-4 Notification Of Status Of Potentially Vicious Dog 7-6E-3 Procedure For Declaration Of Potentially Vicious Dog 7-6E-2 Rabies Control Confinement Authorized 7-6C-2 Notification To Police Or City Manager Of Dead Animals 7-6C-4 Prohibited Actions After Mayor's Proclamation Of Emergency 7-6C-6 Punishment For Harboring Known Rabid Dog, Cat Or Other Domestic Animal 7-6C-5 Reporting Rabies; Notice To City Manager 7-6C-3 Vaccination Required 7-6C-1 APPEALS (See Also HEARINGS AND APPEALS) 2-1 ARTS AND CULTURAL AFFAIRS ADVISORY COMMISSION Administrative And Other City Policies 2-8-14 Attendance 2-8-9 Commission Created 2-8-1 Compensation 2-8-10 Cooperation With Other Agencies 2-8-6 Goals 2-8-3 Meetings 2-8-12 Membership; Appointment 2-8-8 Mission 2-8-2 Organization 2-8-11 Powers 2-8-5 Purpose 2-8-4 Rules And Regulations 2-8-13 Solicitation And Acceptance Of Donations 2-8-7 ASSEMBLIES (See Also PARADES AND ASSEMBLIES) 10-4 ATTORNEY, CITY 1-7-6 B BEER (See Also LIQUOR CONTROL) 4-2B BICYCLES Abandoned, Unlicensed, And Unattended Bicycles 7-7-19 Altering, Counterfeiting Of Registration Sticker Or Decal Prohibited 7-7-35 October 2009 City of Dubuque -B- -B- BICYCLES (cont.) Bicycle Dealers And Repair Shops 7-7-37 Bicycle In Crosswalk 7-7-18 Bicycle Not To Pass In Or Between Lanes 7-7-16 Bicycle Parking 7-7-10 Bicycle Records 7-7-32 Bicycle To Be Driven To The Right 7-7-11 Bicycle Turn Signals 7-7-12 Bicycles; Motor Vehicles And Traffic 9-1-321.2C Clinging To Vehicles 7-7-8 Definitions 7-7-5 Equipment 7-7-6 Following Fire Apparatus 7-7-9 Intent And Purpose 7-7-1 Left Turns By Bicycles 7-7-13 Passing On Right 7-7-14 Passing Within Lane Prohibited 7-7-15 Reckless Operator Of A Bicycle 7-7-20 Registration Fees 7-7-31 Registration Required 7-7-30 Registration Sticker Or Decal 7-7-33 Rental Agencies 7-7-36 Replacement Of Registration Sticker Or Decal 7-7-34 Required Method Of Riding A Bicycle 7-7-7 Riding Abreast 7-7-17 Violation 7-7-38 BOARD OF LIBRARY TRUSTEES Annual Reports 2-7-7 Charge Of Building, Donations 2-7-6 Compensation 2-7-3 Composition 2-7-1 Eligibility For Membership 2-7-2 Powers And Duties Generally 2-7-5 Terms Of Members; Filling Of Vacancies 2-7-4 BOARDS AND COMMISSIONS Airport Commission 12-1 Airport Zoning Board Of Adjustment 12-3-3 Airport Zoning Commission 12-1-3 Arts And Cultural Affairs Advisory Commission 2-8 Board Of Library Trustees 2-7 Cable Regulatory Commission 11-3C Civic Center Advisory Commission 2-4 Civil Service Commission 2-2 Community Tele -Programming Commission 11-3B Enterprise Zone Commission 3-4B Environmental Stewardship Advisory Commission 2-6 October 2009 City of Dubuque -B- -B- BOARDS AND COMMISSIONS (cont.) Hearings And Appeals 2-1 Historic Preservation Commission 14-6-3 Housing Agency And Community Development Commissions 2-5 Community Development Advisory Commission 2-5C Housing Commission 2-5B Trust Fund Advisory Committee 2-5D Housing Code Appeals Board 6-6-8 Human Rights Commission 8-2 Investment Oversight Advisory Commission 2-3 Long Range Planning Advisory Commission 15-2 Park And Recreation Advisory Commission 10-5A-2 Transit Advisory Board 5-1 Zoning Advisory Commission 15-3 Zoning Board Of Adjustment Appendix A Sec. 5-3 BOATS, BOATING AND WATERFRONT STRUCTURES Activities Prohibited 10-7-13 Boat Landing Areas 10-7-4 Conducting Trade Or Business In Pleasure Craft Spaces 10-7-7 Definitions 10-7-2 Driving Over Ice 10-7-14 Floats, Boathouses Maintained In Orderly Condition 10-7-6 Intent 10-7-1 Launching, Removing Boat From Water At Public Launching Ramps 10-7-8 Mooring Of Boathouses And Floats Along Waterfront 10-7-5 No Parking Areas 10-7-12 Removal Of Sunken, Derelict Or Abandoned Craft 10-7-11 Repairs To Boats At Public Launching Ramps 10-7-9 Unlawful Deposits 10-7-3 Water Operation Rules 10-7-10 BUILDING AND DEVELOPMENT Building Codes 14-1 Accessibility Code For Readily Achievable Changes 14-11 Building Code And Regulations 14-1A Electrical Code 14-1D Energy Conservation Code 14-1C Fire Code And Regulations 14-1E Fuel Gas Code 14-1G Mechanical Code 14-1F Plumbing Code 14-1H Residential Code 14-1B Building Construction, Demolition And Moving 14-2 Condominium Conversions 14-7 Dangerous Buildings 14-3 October 2009 City of Dubuque -B- -B- BUILDING AND DEVELOPMENT (cont.) Erosion And Sediment Control 14-12 Exterior Storage Containers And Storage Trailers 14-8 Flood Areas 14-11 Historic Buildings 14-5 Historic Preservation 14-6 Licensing Of Vacant And/Or Abandoned Buildings Definitions 14-4-1 Fees 14-4-4 Inspections 14-4-6 Registration 14-4-3 Relationship Of License To Other Codes 14-4-10 Renewal Licenses 14-4-7 Renewal, Penalty For Failure To Renew License 14-4-8 Revocation, Reinstatement Measures 14-4-9 Terms Of Licenses 14-4-5 Vacant And/Or Abandoned Building License 14-4-2 Signs 14-10 Swimming Pools 14-9 BUILDING CODE AND REGULATIONS Demolition Permits In Conservation Districts 14-1A-4 International Building Code Adopted 14-1A-1 International Building Code Amendments 14-1A-2 Permit Issuance Prohibited During Consideration Of Zoning Reclassification Or Zoning Or Subdivision Text Amendments 14-1A-3 BUILDING CONSTRUCTION, DEMOLITION AND MOVING Application For Permit 14-2-2 Enforcement 14-2-9 October 2009 City of Dubuque -B- -C- BUILDING CONSTRUCTION, DEMOLITION AND MOVING (cont.) Fees 14-2-5 Insurance Requirements 14-2-7 Moratorium For Construction Or Other Work On Certain Streets, Areas Or Facilities 14-2-4 Permit Issuance; Generally 14-2-3 Permit Required 14-2-1 Special Provisions 14-2-6 Special Requirements 14-2-8 BURNING RESTRICTIONS 6-9-2 BUSINESS AND LICENSE REGULATIONS Adult Entertainment Establishments 4-8 Business Licenses Generally 4-1 Central Market 4-4 Door To Door Sales 4-5 Excursion Boat Admission Fees 4-3 Junk And Secondhand Dealers And Pawnbrokers 4-6 Liquor Control 4-2 Alcoholic Beverages 4-2A Liquor, Beer And Wine Licenses And Permits 4-2B Peddlers And Transient Merchants 4-9 Vehicles For Hire And Public Transportation 4-7 Motorized Vehicles For Hire 4-7B Nonmotorized Vehicles 4-7A BUSINESS LICENSES GENERALLY Application For License 4-1-2 Effect Of Chapter 4-1-9 Issuance Of License 4-1-3 License Required 4-1-1 License Suspension Or Revocation 4-1-8 Proration Of License Fee 4-1-5 Record Of Licenses 4-1-4 Refund Of Fee Prohibited; Exception 4-1-6 Transferability; Changes In Location 4-1-7 C CABLE RIGHT OF WAY REGULATIONS Administration 11-2-16 Audits 11-2-17 Authority 11-2-6 Authorization Required 11-2-8 Bond Or Letter Of Credit 11-2-19 Business License 11-2-14 City of Dubuque CABLE RIGHT OF WAY REGULATIONS (cont.) Cable Communications Construction Standards 11-2A-8 Consumer Protection 11-2A-11 Definitions 11-2A-6 Delegation Of Powers 11-2A-5 Franchise Fee 11-2A-13 Further Findings And Purpose 11-2A-2 Goals 11-2A-3 Grant Of Franchise 11-2A-7 Insurance 11-2A-15 Intent 11-2A-4 Interference With Public Projects 11-2A-10 Performance Guarantees And Penalties 11-2A-17 Rate Regulation 11-2A-12 Recourse Against City Limited 11-2A-20 Reports And Records; Cable 11-2A-16 Rights Of Individuals Protected 11-2A-19 System Tests And Inspections 11-2A-14 Title 11-2A-1 Transfers 11-2A-18 Use Of Public Property 11-2A-9 Construction Standards 11-2-9 Definitions 11-2-5 Enforcement 11-2-21 Indemnification 11-2-22 Insurance 11-2-20 Legislative Findings 11-2-2 Open Video Systems Applicability Of Chapter 11-2B-1 Application For Open Video System Authorization 11-2B-2 Fee In Lieu Of Franchise Fee 11-2B-3 Public, Educational And Governmental Access Obligations 11-2B-4 Right Of Way Usage 11-2B-5 Placement Of Facilities 11-2-10 Purposes 11-2-3 Reimbursement Of Costs 11-2-15 Relocation Of Facilities 11-2-11 Reports And Records 11-2-18 Reservation Of Rights; Police Power 11-2-7 Restoration 11-2-12 Rules Of Construction 11-2-4 Severability 11-2-23 Title 11-2-1 Work Permits 11-2-13 City of Dubuque CABLE TELEVISION Cable Franchise Agreement Channels And Facilities For Public, Educational And Governmental Use 11-3A-6 Definitions 11-3A-1 Exhibit A; Acceptance Of Franchise By Grantee 11-3A-11 Exhibit B; I -Net Site List 11-3A-12 Franchise Fee 11-3A-7 Grant Of Authority; Limits And Reservations 11-3A-2 Liabilities 11-3A-8 Miscellaneous Provisions 11-3A-10 Performance Guarantees And Remedies 11-3A-9 Provision Of Cable Service 11-3A-4 System Facilities, Equipment And Services 11-3A-5 Transfers 11-3A-3 Cable Regulatory Commission Commission Established; Purposes And Duties 11-3C-2 Intent 11-3C-1 Meetings; Procedures 11-3C-4 Membership; Terms; Officers 11-3C-3 Cable Services Customer Service Standards Application Of Provisions 11-3E-2 Complaints 11-3E-5 Conflict 11-3E-4 Enforcement Agency 11-3E-3 Federal Communications Commission Customer Service Obligations Adopted 11-3E-1 Violation 11-3E-6 Community Tele -Programming Commission Commission Established; Purposes And Duties 11-3B-2 Intent 11-3B-1 Meetings; Procedures 11-3B-4 Membership; Terms; Officers 11-3B-3 Rates And General Regulations Authority 11-3D-1 Definitions 11-3D-2 Misappropriation Of Cable Services 11-3D-7 Monthly Subscriber Rates And Charges 11-3D-5 Rate Setting 11-3D-6 Refunds For Cancellations 11-3D-4 Subscriber Payments 11-3D-3 CARELESS DRIVING 9-7-321.277A CATS AND DOGS (See Also ANIMAL CONTROL) 7-6B CENTRAL MARKET Display Permit Restricted To Central Market Area 4-4-5 Farmers' Market; Display Of Merchandise 4-4-2 City of Dubuque CENTRAL MARKET (cont.) Inspection; Confiscation Of Food Unfit For Consumption 4-4-9 Market Area Delineated 4-4-1 Market Master Designated; Duties Generally 4-4-7 Market Stalls Established; Issuance Of Permits 4-4-3 Restricted Parking In Central Market 4-4-4 Revocation Of Permit 4-4-6 Traffic Regulations 4-4-8 Weights And Measures 4-4-10 CHARTER Citation As Charter 1-5-2 Form Of Government 1-5-3 Powers And Duties 1-5-4 Purpose 1-5-1 CITY ATTORNEY 1-7-6 CITY CLERK AND ASSISTANT CITY CLERK 1-7-5 CITY CODE (See Also DUBUQUE CITY CODE) 1-1 CITY COUNCIL (See Also MAYOR AND CITY COUNCIL) 1-6 CITY MANAGER 1-7-4 CITY OFFICERS AND EMPLOYEES (See Also OFFICERS AND EMPLOYEES, CITY) 1-7 CIVIC CENTER ADVISORY COMMISSION Administrative And Other Policies; Applicability 2-4-16 Attendance At Meetings 2-4-8 Commission Created 2-4-1 Compensation 2-4-9 Duties And Responsibilities 2-4-4 Duties Of Officers 2-4-11 Internal Rules And Regulations 2-4-15 Meetings 2-4-12 Membership; Appointment 2-4-6 Minutes Filed With City Clerk 2-4-14 Organization; Election Of Officers 2-4-10 Programs, Projects And Services 2-4-5 Purposes, Objectives Generally 2-4-2 Quorum And Voting 2-4-13 Specific Purposes 2-4-3 Vacancies In Membership 2-4-7 CIVIL RIGHTS, ENFORCEMENT OF (See Also HUMAN RIGHTS) 8-4 CIVIL SERVICE COMMISSION Applicability; Compliance With Statutes 2-2-1 Appointment; Term 2-2-4 Chairperson; Clerk 2-2-6 Commission Created 2-2-2 Compensation 2-2-5 City of Dubuque CIVIL SERVICE COMMISSION (cont) Conduct Of Examinations; Certification Of Qualified Persons 2-2-10 Council To Furnish Meeting Room, Equipment, Recorder 2-2-7 Examination Of Applicants 2-2-9 Procedure For Conduct Of Hearing Appeals 2-2-11 Qualifications Generally 2-2-3 Record Of Meetings And Personnel 2-2-8 CLERK, CITY 1-7-5 CODES, STATE STATUTES ADOPTED Building Codes 14-1A-1 Cable Customer Service Obligations, State Statute 11-3E-1 Electrical Code 14-1D-1 Energy Conservation Code 14-1C-1 Federal Air Regulations 12-2-3A Food And Consumer Safety, State Administrative Code 6-2-1 Food Establishments And Food Processing Plants, State Statute 6-2-1 Fuel Gas Code 14-1G-1 Home Food Establishments, State Statute 6-2-1 Hotel Sanitation Code, State Statute 6-2-1 Mechanical Code 14-1F-1 Plumbing Code 14-1H-1 Residential Code 14-1B-1 Swimming Pools And Spas, State Statute 14-9-6 Tattooing 6-1-1 COMMERCIAL ZONING DISTRICTS Appendix A Sec. 3-3 COMMISSIONS (See Also BOARDS AND COMMISSIONS) Title 2 COMMUNITY DEVELOPMENT ADVISORY COMMISSION (See Also HOUSING AGENCY AND COMMUNITY DEVELOPMENT COMMISSION) 2-5C COMPENSATION AND SALARIES Airport Commission 12-1-1G Arts And Cultural Affairs Advisory Commission 2-8-10 Board Of Library Trustees 2-7-3 City Council 1-6-2 Civic Center Advisory Commission 2-4-9 Civil Service Commissioners 2-2-5 Community Development Advisory Commission 2 -5C -2D Enterprise Zone Commission 3 -4B -3D Environmental Stewardship Advisory Commission 2-6-3D Historic Preservation Commission 14-6-3G Housing Commission 2-5B-5 Mayor 1-6-2 Park And Recreation Advisory Commission 10 -5A -2H COMPREHENSIVE PLAN (See Also PLANNING AND ZONING) 15-1 City of Dubuque -C- -D- CONDOMINIUM CONVERSIONS Building Code Requirements 14-7-1 Filing Declaration With City Clerk 14-7-2 Inspection; Certificate Of Compliance 14-7-3 CONTROLLED SUBSTANCES Drug Paraphernalia 7-5B Glue Sniffing Or Other Chemical Substances 7-5B-4 Under The Influence Of Controlled Substance 7-5B-3 CROSS CONNECTION CONTROL, WATER PROTECTION 13-1D 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 City of Dubuque -D- -E- DUBUQUE CITY CODE (cont.) 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 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 City of Dubuque -E- -E- ELECTRIC FRANCHISES (cont.) Adoption 11-5A-24 Company Rules 11-5A-13 Cure Of Defaults 11-5A-20 Definitions 11-5A-1 Excavations And Other Works 11-5A-4 Extension Of Service 11-5A-10 Forfeiture Of Franchise 11-5A-17 Franchise Fee 11-5A-23 Grant Of Franchise 11-5A-2 Indemnification 11-5A-15 Maps Of Distribution System 11-5A-14 Nonassignment 11-5A-16 Rates 11-5A-11 Regulatory Review 11-5A-8 Relocation Of Service Lines 11-5A-5 Reports To City Council 11-5A-12 Representation Of Company 11-5A-7 Reservation Of Home Rule Powers 11-5A-21 Reserved Regulatory Rights 11-5A-9 Revival 11-5A-19 Severability 11-5A-18 Street Usage 11-5A-3 Maquoketa Valley Electric Cooperative Accessions To Franchise 11-5B-6 Acquisition At Expiration 11-5B-22 Adoption 11-5B-24 Company Rules 11-5B-13 Cure Of Defaults 11-5B-20 Definitions 11-5B-1 Excavations And Other Works 11-5B-4 Extension Of Service 11-5B-10 Forfeiture Of Franchise 11-5B-17 Franchise Fee 11-5B-23 Grant Of Franchise 11-5B-2 Indemnification; Insurance 11-5B-15 Maps Of Distribution System 11-5B-14 Meters 11-5B-8 Nonassignment 11-5B-16 Rates 11-5B-11 Relocation Of Service Lines 11-5B-5 Reports To City Council 11-5B-12 Representation Of Company 11-5B-7 Reservation Of Home Rule Powers 11-5B-21 Reserved Regulatory Rights 11-5B-9 Revival 11-5B-19 City of Dubuque -E- -E- ELECTRIC FRANCHISES (cont.) Severability 11-5B-18 Street Usage 11-5B-3 ELECTRICAL CODE National Electrical Code Adopted 14-1D-1 National Electrical Code Amendments 14-1 D-2 EMERGENCY LOCATION FOR CITY GOVERNMENT 1-10-3 EMERGENCY MANAGEMENT Comprehensive Citywide Disaster Plan 7-3-3 Obedience To Mayor's Emergency Proclamations 7-3-1 Office Of Local Coordinator 7-3-2 EMERGENCY SUCCESSION DURING DISASTER Appointment 1-11-3 Definitions 1-11-2 Purpose 1-11-1 Termination Of Authority By Council 1-11-4 ENCROACHMENTS ON PUBLIC PLACES Hold Harmless 10-3-2 Insurance 10-3-3 Intent And Purpose 10-3-1 Newsracks Abandonment 10-3B-6 Definitions 10-3B-1 Identification 10-3B-4 Location And Size 10-3B-2 Standards 10-3B-3 Violations 10-3B-5 Other Encroachments Compliance With Historic Preservation Regulations 10-3D-3 Covenant Of Permit Holder 10-3D-5 Definition 10-3D-1 Maintenance 10-3D-4 Permit Requirements; Fees 10-3D-2 Projecting Signs Compliance With Historic Preservation Regulations 10-3C-4 Compliance With Zoning Ordinance 10-3C-3 Definitions 10-3C-1 Exclusion 10-3C-6 Maintenance 10-3C-5 Permit Requirements; Fees 10-3C-2 Revocation Of Permit 10-3-4 Sidewalk Cafes Authorization 10-3E-2 Days And Hours Of Operation 10-3E-5 Definition 10-3E-1 Designated Area 10-3E-4 City of Dubuque -E- -E- ENCROACHMENTS ON PUBLIC PLACES (cont.) Operation 10-3E-7 Permit Requirements; Fee 10-3E-3 Sound Equipment 10-3E-6 Waste Collection Receptacles Definitions 10-3A-1 Exception 10-3A-5 Exclusion 10-3A-4 Maintenance 10-3A-3 Permit Requirements; Fees 10-3A-2 ENERGY CONSERVATION CODE International Energy Conservation Code Adopted 14-1C-1 International Energy Conservation Code Amendments 14-1C-2 ENTERPRISE ZONE COMMISSION 3-4B ENVIRONMENTAL STEWARDSHIP ADVISORY COMMISSION Application And Appointment Process 2-6-2 Commission Created; Composition 2-6-1 Duties 2-6-4 Organization 2-6-5 Procedures For Operations 2-6-6 Term; Filling Of Vacancies; Compensation 2-6-3 EROSION AND SEDIMENT CONTROL Appeal Of Notice Of Violation 14-12-10 Applicability; Title 14-12-2 Cost Of Abatement Of Violation 14-12-12 Definitions 14-12-1 Duty To Comply With State NPDES General Permit No. 2 14-12-7 Enforcement Measures 14-12-11 Erosion And Sediment Control (ESC) Permit 14-12-6 Injunctive Relief 14-12-13 Permit Monitoring Procedures 14-12-8 Remedies Not Exclusive 14-12-15 Responsibility For Administration 14-12-3 Severability Clause 14-12-4 Ultimate Responsibility 14-12-5 Violation 14-12-9 Violations Deemed Public Nuisance 14-12-14 EVIDENTIARY HEARINGS BY CITY COUNCIL Conduct Of Hearing 1-9-5 Form Of Notice Of Hearing 1-9-3 General Provisions 1-9-2 Method And Form Of Decision 1-9-6 Purpose And Intent 1-9-1 Subpoenas 1-9-4 City of Dubuque -E- -F- EXCAVATIONS Exemptions 10-2-7 Guards Or Protection Required 10-2-3 Interference With Traffic 10-2-4 Manner Of Performing Work 10-2-6 Permit Requirements 10-2-1 Restoration Of Surface Generally 10-2-2 Time Period For Commencement Of Work 10-2-5 EXCURSION BOAT ADMISSION FEES Collection Of Admission Fees; Exceptions 4-3-1 EXTERIOR STORAGE CONTAINERS AND STORAGE TRAILERS Application For Permit; Site Plan 14-8-5 Consideration Of Application 14-8-6 Definitions 14-8-1 Fees 14-8-7 Permit Required 14-8-4 Required Conditions 14-8-3 Revocation Or Suspension Of Permit 14-8-8 Storage Containers Or Storage Trailers Permitted; Exemptions 14-8-2 Variance 14-8-9 F FAIR HOUSING (See Also HUMAN RIGHTS) 8-5 FINANCE DIRECTOR -CITY TREASURER 1-7-7 FIRE CODE AND REGULATIONS Emergencies 14-1 E-4 International Fire Code Adopted 14-1E-1 International Fire Code Amendments 14-1E-2 International Fire Code Enforcement 14-1E-3 Special Conditions 14-1E-5 FIRE DEPARTMENT Service Charges 7-2-2 Service Outside City Restricted 7-2-1 Standby Service 7-2-3 FIRE PREVENTION REGULATIONS Blasting, Fireworks And Open Burning; Permits And Fees 6-9-3 Bulk Storage Tank Licenses 6-9-5 Burning Restrictions 6-9-2 Fires In Parks Restricted 10-5B-17 Service Stations 6-9-4 October 2009 City of Dubuque -F- -G- FIRE PREVENTION REGULATIONS (cont.) Smoke Detection 6-9-6 Smoking, Carrying Lighted Objects In Specified Places Restricted 6-9-1 FIREARMS (See WEAPONS) FIREWORKS 6-9-3, 7-5A-10 FISCAL YEAR 1-10-1 FLAG, CITY 1-10-5 FLOOD AREAS Designation; Posting 14-11-1 Entry, Permits 14-11-3 Entry Restricted 14-11-2 Vacation Of Dwellings 14-11-4 FOOD ESTABLISHMENTS AND HOTEL SANITATION Provisions Adopted 6-2-1 FUEL GAS CODE Fuel Gas Code Adopted 14-1G-1 FUNERAL PROCESSIONS 9-7-321.324A G GARBAGE (See Also SOLID WASTE) 13-6 GAS FRANCHISE Acceptance Of Ordinance 43-93 11-4-25 Accessions To Franchise 11-4-6 Acquisition At Expiration 11-4-22 Adoption 11-4-24 Cure Of Defaults 11-4-20 Definitions 11-4-1 Excavations And Other Works 11-4-4 Extension Of Service 11-4-11 Forfeiture Of Franchise 11-4-17 Franchise Fee 11-4-23 Grant Of Franchise 11-4-2 Indemnification 11-4-15 Maps Of Distribution System 11-4-14 Nonassignment 11-4-16 Rates 11-4-12 Regulatory Review 11-4-8 Relocation Of Pipes, Conduit And Services 11-4-5 Reports To City Council 11-4-13 Representation Of Company 11-4-7 Reservation Of Home Rule Powers 11-4-21 Reserved Regulatory Rights 11-4-9 October 2009 City of Dubuque -G- -H- GAS FRANCHISE (cont.) Revival 11-4-19 Severability 11-4-18 Street Usage 11-4-3 Technological Changes 11-4-10 GAS MAIN CONNECTIONS (See Also PUBLIC UTILITIES) 13-3 GENERAL OFFENSES (See Also OFFENSES) 7-5 GENERAL PENALTY, CITY CODE Civil Penalty 1-4-2 General Penalty 1-4-1 H HAZARDOUS WASTE, SUBSTANCES AND CONDITIONS Cleanup Required 6-7-3 Definitions 6-7-2 Liability For Cleanup Costs 6-7-4 Notification Of Hazardous Conditions 6-7-5 Penalty 6-7-7 Police Authority 6-7-6 Purpose 6-7-1 Separability Of Provisions 6-7-8 HEALTH AND SAFETY REGULATIONS Tattooing, State Code Adopted 6-1-1 HEALTH, HOUSING, SANITATION AND ENVIRONMENT Ambulances 6-3 Fire Prevention Regulations 6-9 Food Establishments And Hotel Sanitation 6-2 Hazardous Waste, Substances And Conditions 6-7 Health And Safety Regulations 6-1 Housing Regulations 6-6 Noises 6-5 Nuisances 6-4 Trees And Weeds 6-8 HEARINGS AND APPEALS Conduct Of Hearing 2-1-5 Evidentiary Hearings By City Council 1-9 Form Of Notice Of Hearing 2-1-3 General Provisions 2-1-2 Method And Form Of Decision 2-1-6 Purpose And Intent 2-1-1 Subpoenas 2-1-4 HISTORIC BUILDINGS Administration And Enforcement 14-5-2 Alternate Accessibility Requirements 14-5-7 October 2009 City of Dubuque -H- -H- HISTORIC BUILDINGS (cont.) Alternate Electrical Requirements 14-5-9 Alternate Mechanical Requirements 14-5-8 Alternate Structural Requirements 14-5-6 Building Evaluation Method 14-5-4 Definitions 14-5-3 Miscellaneous Building Requirements 14-5-5 Purpose, Scope And Application 14-5-1 Totally Preserved Buildings Used As Historical Exhibits 14-5-10 HISTORIC PRESERVATION Alteration Of Landmarks, Historic Properties, Landmark Sites Or Structures 14-6-9 Appeals From Commission Action 14-6-12 Definitions 14-6-2 Demolition Of Landmarks, Sites, Historic Properties Or Structures 14-6-8 Historic Preservation Commission; Membership; Terms; Vacancies 14-6-3 Historic Preservation Districts And Landmarks 14-6-7 Identification And Designation Of Landmarks, Sites, Historic Properties And Districts 14-6-6 Inspection 14-6-13 Officers; Organization; Meetings 14-6-4 Powers And Duties; Procedures For Operations 14-6-5 Procedure For Review Of Plans And Applications 14-6-10 Purpose And Intent 14-6-1 Standards For Review 14-6-11 Violations; Penalties 14-6-14 HOME OCCUPATIONS (See Also ZONING) Appendix A Sec. 4-7 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 October 2009 City of Dubuque -H- -H- HOUSING AGENCY AND COMMUNITY DEVELOPMENT COMMISSION (cont.) Internal Organization And Rules 2-5B-6 Meetings 2-5B-4 Membership; Vacancies; Qualifications 2-5B-3 Procedures For Operations 2-5B-7 Purpose; Approval Of Proposals 2-5B-2 Trust Fund Advisory Committee Committee Established; Membership; Functions 2-5D-6 Financial Management 2-5D-3 Funding 2-5D-5 Iowa Finance Authority State Housing Trust Fund Program 2-5D-7 Purpose 2-5D-2 Trust Fund Administration 2-5D-4 Trust Fund Established 2-5D-1 HOUSING COMMISSION 2-5B HOUSING REGULATIONS Definitions 6-6-2 Enforcement 6-6-3 Enforcement Of Order Of City Manager 6-6-5 Housing Code Appeals Board 6-6-8 Housing Standards 6-6-10 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 Title; Legislative Findings; Purposes; Scope 6-6-1 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 October 2009 City of Dubuque -H- -H- HUMAN RIGHTS (cont) 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 Removal Of Members For Unexcused Absences 8-2-6 Rules 8-2-7 Subpoenas 8-2-14 Unfair And Discriminatory Practices Accommodations Or Services 8-3-2 Credit 8-3-4 Disability Discrimination Construction 8-3A-3 Defenses, Exemptions And Exclusions 8-3A-2 October 2009 City of Dubuque -H- -J- HUMAN RIGHTS (cont.) Employment Prohibited Practices 8-3A-1 Illegal Use Of Drugs And Alcohol 8-3A-4 New Construction And Alteration Of Public Accommodations 8-3A-6 Public Accommodations; Prohibited Practices 8-3A-5 Education 8-3-5 Employment Practices 8-3-3 Generally 8-3-1 I ILLICIT CONNECTIONS AND DISCHARGES TO STORM SEWER SYSTEM (See Also PUBLIC UTILITIES) 13-5 INDUSTRIAL PROJECTS (See Also ECONOMIC DEVELOPMENT) 3-4A INDUSTRIAL ZONING DISTRICTS Appendix A Sec. 3-4 INFRACTION (See Also GENERAL PENALTY, CITY CODE) 1-4 INTERNATIONAL CODES ADOPTED Building Codes 14-1A-1 Energy Conservation Code 14-1C-1 Fire Code 14-1E-1 Fuel Gas Code 14-1G-1 Mechanical Code 14-1F-1 Plumbing Code 14-1H-1 Residential Code 14-1B-2 INVESTMENT OVERSIGHT ADVISORY COMMISSION Appointment; Composition; Terms 2-3-2 Commission Created 2-3-1 Meetings 2-3-6 Policies Applicable To Commission Operations 2-3-7 Powers And Duties 2-3-3 Reports Provided 2-3-4 Rules 2-3-5 J JUNK AND SECONDHAND DEALERS AND PAWNBROKERS Businesses Requiring Annual Licenses 4-6-3 Definitions 4-6-1 Inspection For Stolen Property 4-6-8 License Required 4-6-2 City of Dubuque -J- -L- JUNK AND SECONDHAND DEALERS AND PAWNBROKERS (cont.) License Suspension Or Revocation 4-6-4 Purchases From Minors Restricted 4-6-6 Purchases, Security And Consignment Transactions 4-6-7 Required Records 4-6-5 Screening Requirements For Junk And Salvage Operations 4-6-9 K L LICENSE REGULATIONS (See Also BUSINESS AND LICENSE REGULATIONS) Title 4 LICENSING OF VACANT AND/OR ABANDONED BUILDINGS (See Also BUILDING AND DEVELOPMENT) 14-4 LIQUOR CONTROL Alcoholic Beverages Advertisement For Alcohol, Liquor, Wine Or Beer 4-2A-5 Buffet Sales Prohibited 4-2A-9 Consumption In Public Places 4-2A-6 Definitions 4-2A-2 Notice Of Violation Upon Issuance Of Citation 4-2A-8 Persons Under Legal Age 4-2A-7 Prohibited In Adult Entertainment Establishments 4-8-16E Prohibited Sales And Acts 4-2A-3 Purpose Of Chapter 4-2A-1 Sunday Sales 4-2A-4 Intoxicating Beverages In Parks 10-5B-2 Liquor, Beer And Wine Licenses And Permits Action By Council; Forwarding Of Documents To State 4-2B-9 Appeal And Hearing 4-2B-17 Application; Bond 4-2B-3 Application For Renewal 4-2B-14 Effect Of Revocation 4-2B-18 Fees And Surcharges 4-2B-8 Investigation Of Applicant And Premises 4-2B-5 License Or Permit Required 4-2B-1 Nature And Scope Of License Or Permit 4-2B-10 Persons Eligible 4-2B-4 Proof Of Financial Responsibility 4-2B-7 Requirement For Premises 4-2B-6 Separate Permits Required For Separate Locations 4-2B-2 City of Dubuque -L- -M- LIQUOR CONTROL (cont.) Surrender Of Permit Or License; Refund Of Fee 4-2B-12 Suspension And Revocation Generally; Grounds 4-2B-15 Suspension And Revocation; Specific Terms 4-2B-16 Term Of License Or Permit; Seasonal Licenses And Permits 4-2B-13 Transferability As To Location 4-2B-11 Open Containers In Motor Vehicles 9-7-321.284 Open Containers In Motor Vehicles; Passengers 9-7-321.284A LITTERING 7-5A-5 LIVESTOCK (See Also ANIMAL CONTROL) 7-6 LONG RANGE PLANNING ADVISORY COMMISSION 15-2 M MANAGER, CITY 1-7-4 MAYOR AND CITY COUNCIL Compensation 1-6-2 Composition; Terms 1-6-1 Emergency Succession For Mayor And Council Members 1-6-4 Evidentiary Hearings By City Council 1-9 Mayor Pro Term 1-6-3 Rules And Procedure Amendments To Motions 1-6A-8 Attendance Of Media At Council Meetings 1-6A-5 Chart Of Preference Of Motions 1-6A-9 Committees, Boards And Commissions Established 1-6A-13 General Rules 1-6A-2 Motions 1-6A-7 Motions For Special Purposes 1-6A-10 Order Of Business And Agenda 1-6A-11 Ordinances, Resolutions And Motions 1-6A-12 Presiding Officer 1-6A-6 Purpose 1-6A-1 Records 1-6A-4 Rights Of Public 1-6A-14 Suspension Of Rules 1-6A-15 Types Of Meetings 1-6A-3 MECHANICAL CODE International Mechanical Code Adopted 14-1 F-1 International Mechanical Code Amendments 14-1F-2 MEETINGS Arts And Cultural Affairs Advisory Commission 2-8-12 Cable Regulatory Commission 11-3C-4 City of Dubuque MEETINGS (cont.) City Council 1-6A-3 Civil Service Commission 2-4-12 Community Tele -Programming Commission 11-3B-4 Environmental Stewardship Advisory Commission 2-6-5B Historic Preservation Commission 14-6-4 Housing Commission 2-5B-4 Investment Oversight Advisory Commission 2-3-6 Long Range Planning Advisory Commission 15-2-4B Park And Recreation Advisory Commission 10-5A-2 Transit Advisory Board 5-1-4 Zoning Advisory Commission 15-3-5B MINORS Adult Entertainment Establishments, Minors Prohibited In 4-8-16F Alcoholic Beverages, Regulations Regarding 4-2A-7 Child Restraints In Vehicles 9-12-321.446 Junk And Secondhand Dealers And Pawnbrokers, Purchases From Minors Restricted Tobacco Products To Underage Persons Underage Persons Entering Gambling Facilities MISDEMEANOR (See Also GENERAL PENALTY, CITY CODE) MOTOR VEHICLES AND TRAFFIC Drivers' Licenses Generally Operation Of Motor Vehicle With Expired License Operation Without Registration 4-6-6 7-5A-15 7-5A-14 1-4 9-4-321.174A 9-4-321.98 Operator's License; Operation Of Commercial Motor Vehicles 9-4-321.174 Restricted Licenses 9-4-321.193 Licensees And Nonoperators Identification Cards; Violations Employing Unlicensed Chauffeur 9-4-321.221 Inspection Of License Prior To Renting 9-4-321.223 Permitting Unauthorized Minor To Drive 9-4-321.219 Permitting Unauthorized Person To Drive 9-4-321.220 Records Of Rentals 9-4-321.224 Renting Motor Vehicle To Unlicensed Persons 9-4-321.222 Unlawful Use Of License 9-4-321.216 Equipment Brakes, Hitches, And Sway Control Brake Requirements 9-12-321.430 Performance Ability Of Brakes 9-12-321.431 Lighting Equipment Clearance And Identification Lights On Trucks, Trailers, And Semitrailers 9-12-321.392 Headlamps On Motor Vehicles 9-12-321.385 City of Dubuque MOTOR VEHICLES AND TRAFFIC (cont.) Headlamps On Motorcycles And Motorized Bicycles 9-12-321.386 Illuminating Plates 9-12-321.388 Lamp Or Flag On Projecting Load 9-12-321.394 Lamps On Other Vehicles And Equipment 9-12-321.398 Lamps On Parked Vehicles 9-12-321.395 Mandatory Lighting Equipment 9-12-321.409 Rear Lamps 9-12-321.387 Red Light In Front 9-12-321.422 Required Usage Of Lighting Devices 9-12-321.415 Signal Lamps And Devices 9-12-321.404 Spot Lamps 9-12-321.402 When Lighted Lamps Required 9-12-321.384 Miscellaneous Equipment Child Restraint Devices 9-12-321.446 Horns And Warning Devices 9-12-321.432 Metal Tires Prohibited 9-12-321.441 Mirrors 9-12-321.437 Mufflers, Prevention Of Noise 9-12-321.436 Projections On Wheels 9-12-321.442 Restrictions As To Tire Equipment 9-12-321.440 Safety Belts And Safety Harnesses 9-12-321.445 Sirens And Bells Prohibited 9-12-321.433 Windshield Wipers 9-12-321.439 Windshields And Windows 9-12-321.438 Safety Standards Movement Of Unsafe Or Improperly Equipped Vehicles 9-12-321.381 Sale Of Unsafe Vehicles 9-12-321.381A Upgrade Pulls; Minimum Speed 9-12-321.382 General Provisions Applicability Of Title 9-1-321.2 Definitions 9-1-321.1 Impoundment Of Vehicles Generally Intent And Purpose 9-15-321.750 Scofflaw Owner Responsibility 9-15-321.752 Removal And Impoundment 9-15-321.751 Street Storage Definition 9-15-321.761 Exclusion 9-15-321.763 Intent And Purpose 9-15-321.760 Unattended Vehicles 9-15-321.762 City of Dubuque -M- -M- MOTOR VEHICLES AND TRAFFIC (cont.) Towing And Storage Auction Of Vehicles Notice To Owner Unauthorized Removal Of Vehicle Miscellaneous City Provisions Administration Arrest, Notice To Appear 9-16-321.1000 Authority Of Peace Officers To Stop Vehicles 9-16-321.1002 Records Of Violations 9-16-321.1001 Noise Vehicular Noise 9-16-321.800 Prohibited Activities 9-15-321.772 9-15-321.770 9-15-321.771 Moving Vehicle Into Prohibited Area Operation Of Advertising Vehicles Repairs 9-16-321.2000 9-16-321.2002 9-16-321.2001 Trucks And/Or Machinery Engine Brakes And Compression Brakes 9-16-321.805 Heavy Vehicles Prohibited On Certain Bridges 9-16-321.903 Motor Truck Routes 9-16-321.901 Motor Truck Routes Prohibited On Designated Streets 9-16-321.902 Vehicles With Caterpillar Wheels Or Heavy Lugs Restricted 9-16-321.900 Miscellaneous Rules Cleaning Up Wrecks 9-10-321.371 Coasting 9-10-321.365 Crossing Fire Hose 9-10-321.368 Duty Of Driver Approaching Crest Of Hills, Blind Curves 9-10-321.363A Following Fire Apparatus 9-10-321.367 Obstruction To Driver's View 9-10-321.363 Responsibility When Leaving Motor Vehicle Unattended 9-10-321.362 Obedience To And Effect Of Traffic Laws All -Terrain Vehicles; Highway Use 9-5-321.234A Obedience To Peace Officers Required 9-5-321.229 Privileges Of Authorized Emergency Vehicles 9-5-321.231 Operation Accidents Duty Of Driver To Give Information, Aid 9-7-321.263 Duty Of Driver Upon Striking Fixtures Upon Highway 9-7-321.265 Duty Of Driver Upon Striking Unattended Vehicle . 9-7-321.264 Duty Of Driver When Damage Is To Vehicle Only . 9-7-321.262 Reports Required 9-7-321.266 City of Dubuque MOTOR VEHICLES AND TRAFFIC (cont.) Criminal Offenses Careless Driving 9-7-321.277A Drag Racing Prohibited 9-7-321.278 Open Containers In Motor Vehicles; Drivers 9-7-321.284 Open Containers In Motor Vehicles; Passengers 9-7-321.284A Reckless Driving 9-7-321.277 Driving On Right Side Of Roadway; Overtaking And Passing Driving On Right Hand Side Of Roadway; Exceptions 9-7-321.297 Following Too Closely 9-7-321.307 Limitations On Overtaking On Left 9-7-321.303 Meeting And Turning To Right 9-7-321.298 One -Way Streets 9-7-321.305 Overtaking, Passing On Right 9-7-321.302 Passing Generally 9-7-321.299 Prohibited Passing 9-7-321.304 Roadways Laned For Traffic 9-7-321.306 Operation Of Motorcycles And Motorized Bicycles Electric Personal Assistive Mobility Devices 9-7-321.276A Motorcycles And Motorized Bicycles 9-7-321.275 Use Of Bicycles, Motorcycles In Parks 9-7-321.275A Use Of Certain Nonmotorized Vehicles, Conveyances, And Equipment In Certain Places In City 9-7-321.276 Right Of Way Backing Vehicle On Highway 9-7-321.323 Entering Intersections From Different Highways . 9-7-321.319 Entering Through Streets 9-7-321.321 Funeral Processions 9-7-321.324A Left Turns At Intersections 9-7-321.320 Operation On Approach Of Emergency Vehicles . 9-7-321.324 Stop And Yield Intersections 9-7-321.322 Stop Signs At Entrances To Through Streets And Stop Intersections; Stop Required 9-7-321.322A Speed Restrictions Control Of Vehicle 9-7-321.288 Limits Generally 9-7-321.285 Minimum Speed 9-7-321.294 Signs To Be Erected 9-7-321.289 Speeding Violation Form 9-7-321.291 Traffic Signs, Signals And Markings Interference With Signs, Signals, Or Devices; Unlawful Possession 9-7-321.260 Obedience To Official Traffic Control Devices 9-7-321.256 City of Dubuque -M- -M- MOTOR VEHICLES AND TRAFFIC (cont.) Official Traffic Control Signals 9-7-321.257 Unauthorized Signs, Signals Or Markings 9-7-321.259 Turning And Starting And Signals On Stopping And Turning Method Of Giving Hand And Arm Signals 9-7-321.318 Signal Required When Stopping Or Decreasing Speed Suddenly 9-7-321.316 Signals By Hand And Arm Or Signal Device 9-7-321.317 Signals Required When Turning 9-7-321.314 Starting Parked Vehicle 9-7-321.313 Turn Signal To Be Continuous 9-7-321.315 Turning At Intersections 9-7-321.311 Turning On Curves, Hills 9-7-321.312 Parking Generally Alternate Side Street Parking 9-14-321.627 Backing For Purposes Of Parking In Business Districts 9-14-321.613 Bus Stops Or Passenger Zones 9-14-321.605 Loading And Unloading In Business Districts ... 9-14-321.610 Loading Zones 9-14-321.601 Parallel Parking Required; Exceptions For Angle Parking 9-14-321.604 Parking For Purposes Of Sale Or Storage Prohibited; Special Permits Authorized 9-14-321.614 Parking In Alleys 9-14-321.618 Parking In Fire Lanes 9-14-321.611 Parking In Front Of Others' Residences 9-14-321.607 Parking In Parking Lots 9-14-321.612 Parking Of Advertising Vehicles 9-14-321.615 Parking On Private Property Without Consent 9-14-321.620 Parking Prohibited On Designated Streets Or Portions Thereof 9-14-321.602 Parking Restrictions In School Areas 9-14-321.603 Parking Violations; Fines 9-14-321.621 Prohibited In Specified Places 9-14-321.600 Reserved Fire Department Parking 9-14-321.626 Reserved Law Enforcement Vehicle Parking 9-14-321.619 Reserved Parking For City Employees 9-14-321.617 Reserved Service Vehicle Parking 9-14-321.616 Restriction For Trucks And Trailers On Designated Streets 9-14-321.609 Restrictions For Semitrailers On Designated Streets 9-14-321.608 Violations; Effect Of Specific Sections 9-14-321.623 City of Dubuque -M- -M- MOTOR VEHICLES AND TRAFFIC (cont.) Violations; Evidentiary Effect Of Registration Plates 9-14-321.625 Violations; Posting Bond 9-14-321.622 Violations; Removal Of Certain Vehicles Authorized; Prerequisites To Release 9-14-321.624 Municipal Parking Lots Designated; Lots 9-14-321.642 Establishing Special Use Fees For Parking Ramps 9-14-321.651 Establishment Of Spaces; Parking Within Spaces Required 9-14-321.649 Meters; Defacing, Tampering 9-14-321.648 Meters; Deposit Of Coins Required At Certain Times 9-14-321.646 Meters; Installation Authorized And Directed 9-14-321.643 Meters; Manner Of Construction, Installation And Marking 9-14-321.644 Meters; Time And Fee Schedule For Specific Lots 9-14-321.645 Overtime Parking Prohibited 9-14-321.650 Unlawful To Use Slugs 9-14-321.647 Municipal Parking Ramps Backing Into Spaces 9-14-321.633 Fee Collection And Traffic Regulation Devices 9-14-321.631 Fees And Charges 9-14-321.640 Height Of, Projections On Vehicles Restricted 9-14-321.635 Hours Of Operation 9-14-321.639 Manner Of Parking In Spaces 9-14-321.632 Parking Time Restricted; Reserved Spaces 9-14-321.636 Parking Without Paying Required Fee Prohibited; Exception 9-14-321.641 Repairs, Maintenance Of Vehicles 9-14-321.638 Reserved Parking Space Restrictions 9-14-321.637 Trucks Restricted 9-14-321.634 Parking Meters Defacing, Tampering With Prohibited 9-14-321.671 Definitions 9-14-321.661 Exemption Of Persons Holding Resident Parking Permits 9-14-321.669 Fee Schedule 9-14-321.667 Installation Authorized And Directed; Time Restrictions 9-14-321.662 Manner Of Construction, Installation, And Marking 9-14-321.663 Maximum Parking Times 9-14-321.668 Municipal Parking Meter District Established 9-14-321.666 Prepaid Parking Meter Hoods/Placards 9-14-321.672 Spaces 9-14-321.664 City of Dubuque MOTOR VEHICLES AND TRAFFIC (cont.) Unlawful To Use Slugs 9-14-321.670 When Operation Is Required 9-14-321.665 Parking Spaces For The Disabled Authority To Impound Vehicles Parking In Violation 9-14-321.706 Business District 9-14-321.707 Designation Of Parking Places Generally; Specifications For Angular Parking 9-14-321.703 Disability Signs Required 9-14-321.704 Findings Of Fact 9-14-321.701 Prohibited Use Of Parking Places Or Identification Devices 9-14-321.705 Purpose 9-14-321.700 Reserved Time Designated Disabled Person Parking Stalls 9-14-321.709 Special Parking Places Designated 9-14-321.702 Special Prepaid Parking Permits For Specific Disabled Persons 9-14-321.710 Temporary Disabled Person Parking Meter Hoods 9-14-321.708 Residential Parking Permit Program Definitions 9-14-321.721 Exceptions 9-14-321.729 Home Healthcare Providers 9-14-321.741 Intent And Purpose 9-14-321.720 Issuance Of Residential Parking Permit 9-14-321.725 Notice To Residents Of Designation Of Residential Parking Permit District 9-14-321.724 Posting Of Residential Parking Permit Signs 9-14-321.723 Prohibited Acts 9-14-321.732 Renewal Of Residential Parking Permit 9-14-321.726 Residential Parking Permit District A 9-14-321.733 Residential Parking Permit District B 9-14-321.734 Residential Parking Permit District C 9-14-321.735 Residential Parking Permit District D 9-14-321.736 Residential Parking Permit District E 9-14-321.737 Residential Parking Permit District F 9-14-321.738 Residential Parking Permit District G 9-14-321.739 Residential Parking Permit District H 9-14-321.740 Residential Parking Permit Program Established . 9-14-321.722 Responsibility Of Permit Holder 9-14-321.728 Transfer Of Residential Parking Permit 9-14-321.727 Waiver Of Residential Parking Permit Regulations 9-14-321.730 Withdrawal Of Designation Of Residential Parking Permit District 9-14-321.731 City of Dubuque -M- -M- MOTOR VEHICLES AND TRAFFIC (cont.) Restrictions During Snow Removal Declaration Of Emergency 9-14-321.683 Parking Lots 9-14-321.684 Parking So As To Interfere With Plowing Or Removal Prohibited 9-14-321.681 Removal Of Obstructing Vehicles 9-14-321.685 Snow Route, Restricted Parking 9-14-321.682 Pedestrians' Rights And Duties Crossing At Other Than Crosswalk 9-8-321.328 Duty Of Driver 9-8-321.329 Duty Of Drivers Upon Approaching Blind Persons 9-8-321.333 Right Of Way 9-8-321.327 Solicitation Of Rides 9-8-321.331 Use Of Crosswalks 9-8-321.330 Walking On Highways 9-8-321.326 White Canes Restricted To Blind Persons 9-8-321.332 Powers Of Local Authorities Posting Required 9-6-321.237 School Zones 9-6-321.249 Registration, Certification Of Title, And Proof Of Security Against Financial Liability Display Of Plates 9-2-321.37 Method Of Attaching Plates 9-2-321.38 Registration Card Carried In Vehicle 9-2-321.32 Registration Required 9-2-321.17 School Buses Manner Of Stopping Buses 9-11-321.372A School Buses Discharging Pupils 9-11-321.372 Size, Weight And Load Drawbars And Safety Chains 9-13-321.462 Size, Weight, And Load Restrictions Loading Beyond Front 9-13-321.458 Projecting Loads On Passenger Vehicles 9-13-321.455 Spilling Loads On Streets 9-13-321.458A Special Antitheft Law Vandalism 9-3-321.78 Special Stops Required Certain Vehicles Must Stop At Railroad Crossings 9-9-321.343 Entering Street From Private Roadway 9-9-321.353 Stop Required In Obedience To Signal Of Train 9-9-321.341 Stopping, Standing Or Parking 9-9-321.358 Vehicles For Hire And Public Transportation 4-7 City of Dubuque -N- -0- NATIONAL ELECTRICAL CODE ADOPTED 14-1D-1 NEWSRACKS (See Also ENCROACHMENTS ON PUBLIC PLACES) 10-3B NOISES City Contracts, Contractors And Subcontractors 6-5-5 Enforcement 6-5-6 Exempt Noises 6-5-3 Prohibited Noises 6-5-1 Residential Air Conditioners 6-5-4 Unlawful Use Of Buildings 6-5-2 Variance Permits 6-5-7 Vehicle Noises 9-16-321.800 NONFRANCHISED COMMUNICATIONS SYSTEMS 11-1 NUISANCES Abatement Remedies; Penalties 6-4-5 Definitions 6-4-2 Emergency Abatement Procedure 6-4-6 Public Nuisance Defined; Public Nuisances Enumerated 6-4-3 Public Nuisances Prohibited; Authority To Abate 6-4-4 Purpose 6-4-1 0 OBSTRUCTING PUBLIC WAYS AND PROPERTY 6-4-31 OFFENSES Crime Property Definitions 7-5C-1 Effect Of Notice 7-5C-7 Notice 7-5C-5 Preenforcement Procedure 7-5C-3 Procedure For Enforcement 7-5C-4 Service Of Notice 7-5C-6 Specified Crime Property Prohibited 7-5C-2 Drug Paraphernalia Drug Paraphernalia Defined 7-5B-1 Prohibited Acts 7-5B-2 Sniffing Glue Or Other Chemical Substances 7-5B-4 Under The Influence Of Controlled Substance 7-5B-3 General Offenses Advertising Materials; Billposting; Littering 7-5A-5 Criminal Mischief 7-5A-12 Defacing Notices 7-5A-6 City of Dubuque -0- -P- OFFENSES (cont.) Disorderly Conduct 7-5A-1 False And Fraudulent Reports 7-5A-3 False Representation Of Records Or Processes 7-5A-4 Hunting And Target Practice Permitted 7-5A-16 Loitering For Illegal Purposes 7-5A-7 Offenses Relating To Officers And Employees 7-5A-2 Professional Boxing Elimination Tournaments 7-5A-13 Public Urination Or Defecation 7-5A-9 Ringing Of Bells Or Gongs 7-5A-8 Tobacco Products To Underage Persons 7-5A-15 Unauthorized Computer Access 7-5A-11 Underage Persons Entering Gambling Facilities 7-5A-14 Weapons, Firearms And Fireworks 7-5A-10 OFFICE ZONING DISTRICTS Appendix A Sec. 3-2 OFFICERS AND EMPLOYEES, CITY Bonds Of Officers And Employees 1-7-1 City Attorney 1-7-6 City Clerk And Assistant City Clerk 1-7-5 City Manager 1-7-4 Deposits Of City Funds 1-7-2 Finance Director -City Treasurer 1-7-7 Offenses Relating To Officers And Employees 7-5A-2 Transfer Of Records And Property To Successor 1-7-3 OPEN VIDEO SYSTEMS (See also CABLE RIGHT OF WAY REGULATIONS) 11-2B ORDINANCES AND RESOLUTIONS Effect Of Repeal Of Ordinance 1-6A-2 Ordinances, Resolutions And Motions 1-6A-12 P PARADES AND ASSEMBLIES Events On Private Property; Permit Requirements 10-4-3 Parade, Assembly, Valet Drop Off Parking, Permit Requirements 10-4-1 Unlawful Assembly 10-4-2 PARKING REGULATIONS 9-14-321.600 9-14-321.744 PARKS AND RECREATION Administration Park And Recreation Advisory Commission 10-5A-2 Park Rangers 10-5A-1 Specific Parks Specific Park Areas Described 10-5C-1 City of Dubuque -P- -P- PARKS AND RECREATION (cont.) Use Regulations Climbing On Fences, Roofs 10-5B-13 Compliance With Motor Vehicle Laws, Ordinances 10-5B-20 Definitions 10-5B-1 Dogs, Cats And Other Domestic Animals 10-5B-4 Fires 10-5B-17 Horsedrawn Vehicles, Riding Of Animals Restricted 10-5B-3 Interfering With Animals 10-5B-7 Intoxicating Beverages 10-5B-2 Loosening Stones From Bluffs Prohibited 10-5B-18 Meetings And Gatherings 10-5B-16 Moving Benches And Tables 10-5B-14 Obstructions 10-5B-9 Open Season And Hours Generally 10-5B-22 Possession Of Firearms, Weapons And Fireworks 10-5B-12 Posting Bills, Notices Or Signs 10-5B-10 Removal Of Unattended Vehicles Left After Closing Hours 10-5B-21 Sales Restricted 10-5B-11 Throwing Stones Or Other Missiles 10-5B-6 Unlawful Deposits 10-5B-8 Use Of Spotlights, Searchlights 10-5B-15 Walking On Grass 10-5B-5 Washing Vehicles 10-5B-19 PAWNBROKERS (See Also JUNK AND SECONDHAND DEALERS AND PAWNBROKERS) 4-6 PEDDLERS AND TRANSIENT MERCHANTS Application; Investigation Fee 4-9-3 Bond Required 4-9-4 Central Market 4-9-11 Definitions 4-9-1 Fees 4-9-6 Issuance Of License 4-9-5 License Required 4-9-2 Misrepresentation 4-9-7 Peddling From Temporary Stands Or Vehicles Restricted 4-9-12 Personal Nature; Transferability 4-9-9 Report To City Clerk Upon Loss Required 4-9-10 Revocation 4-9-8 PEDESTRIANS' RIGHTS AND DUTY 9-8-321.326 9-8-321.333 PENALTY, GENERAL (See Also GENERAL PENALTY, CITY CODE) 1-4 City of Dubuque -P- -P- PLANNING AND ZONING Comprehensive Plan Community Planning Defined 15-1-3 Comprehensive Plan Defined 15-1-1 Elements Of Comprehensive Plan 15-1-2 Long Range Planning Advisory Commission Commission Created; Composition 15-2-1 Organization; Meetings 15-2-4 Powers 15-2-3 Procedures For Operations 15-2-5 Term Of Office 15-2-2 Zoning Advisory Commission Appointment To Airport Zoning Commission 15-3-2 Commission Created; Composition; Appointment 15-3-1 Organization; Meetings 15-3-5 Powers 15-3-4 Procedures For Operations 15-3-6 Term Of Office 15-3-3 PLUMBING CODE International Plumbing Code Adopted 14-1H-1 International Plumbing Code Amendments 14-1H-2 POLICE DEPARTMENT Fees For Police Department Services 7-1-1 POLICE, FIRE AND PUBLIC SAFETY Alarm System Permits 7-4 Animal Control 7-6 Dangerous Animals 7-6D Dogs And Cats 7-6B Miscellaneous Provisions 7-6A Potentially Vicious Dogs 7-6E Rabies Control 7-6C Bicycles 7-7 Emergency Management 7-3 Fire Department 7-2 Offenses 7-5 Crime Property 7-5C Drug Paraphernalia 7-5B General Offenses 7-5A Police Department 7-1 PROPERTY TAX Partial Exemption From Property Taxation 3-1-1 PUBLIC UTILITIES Gas Main Connections City Authority To Make Connection 13-3-3 City Authority To Require 13-3-1 Notice To Owners 13-3-2 Time Limit For Completion 13-3-4 October 2009 City of Dubuque -P- -P- PUBLIC UTILITIES (cont.) Illicit Connections And Discharges To Storm Sewer System Appeal Of Notice Of Violation 13-5-14 Applicability 13-5-2 Cost Of Abatement Of Violation 13-5-16 Definitions 13-5-1 Discharge Prohibitions 13-5-6 Enforcement 13-5-13 Enforcement Measures After Appeal 13-5-15 Industrial Or Construction Activity Discharges 13-5-8 Injunctive Relief 13-5-17 Monitoring Of Discharges 13-5-9 Notification Of Spills 13-5-12 Prevent, Control And Reduce Pollutants By Use Of BMPs 13-5-10 Remedies Not Exclusive 13-5-19 Responsibility For Administration 13-5-3 Severability 13-5-4 Suspension Of MS4 Access 13-5-7 Ultimate Responsibility 13-5-5 Violations Deemed Public Nuisance 13-5-18 Watercourse Protection 13-5-11 Sewers And Sewage Disposal 13-2 Discharge Regulations 13-2A Industrial Pretreatment Program 13-2D Private Disposal Systems; Private Haulers 13-2B Rates 13-2C Solid Waste 13-6 City Or Private Collection Service 13-6A Stormwater Management 13-4 Water Use And Service 13-1 Connections 13-1A Cross Connection Control 13-1D Rates 13-1C Water Meters 13-1B PUBLIC WAYS AND PROPERTY Boats, Boating And Waterfront Structures 10-7 Encroachments On Public Places 10-3 Newsracks 10-3B Other Encroachments 10-3D Projecting Signs 10-3C October 2009 City of Dubuque -P- -R- PUBLIC WAYS AND PROPERTY (cont) Sidewalk Cafes 10-3E Waste Collection Receptacles 10-3A Excavations 10-2 Parades And Assemblies 10-4 Parks And Recreation 10-5 Administration 10-5A Specific Parks 10-5C Use Regulations 10-5B Railroads 10-6 Streets, Sidewalks And Other Public Places 10-1 Q R RABIES CONTROL (See Also ANIMAL CONTROL) RAILROADS Maintenance Of Crossings, Rights Of Way Parking Near Certain Streets Prohibited Speed Restrictions Unlawful Deposits 7-6C 10-6-3 10-6-5 10-6-1 10-6-2 Use Of Certain Track As Team Track Restricted 10-6-4 RECKLESS DRIVING 9-7-321.277 RESIDENTIAL CODE International Residential Code Adopted 14-1B-1 International Residential Code Amendments 14-1B-2 RESIDENTIAL RELOCATION ASSISTANCE PROGRAM (See Also ECONOMIC DEVELOPMENT) 3-4D RESIDENTIAL ZONING DISTRICTS Appendix A Sec. 3-1 RESOLUTIONS (See ORDINANCES AND RESOLUTIONS) REVENUE AND TAXATION Economic Development Enterprise Zone Commission 3-4B Industrial Projects 3-4A Residential Relocation Assistance Program 3-4D Speculative Shell Buildings Of Community Development Organizations And For Profit Entities 3-4C Hotel And Motel Tax 3-3 Property Tax 3-1 Revitalization Areas 3-2 City of Dubuque -R- -R- REVITALIZATION AREAS Cathedral 3-2-9 Jackson Park 3-2-2 Langworthy 3-2-7 Old Main 3-2-8 Purpose 3-2-1 Stout Place 3-2-6 Upper Main 3-2-5 Washington Street 3-2-4 West Eleventh Street 3-2-3 RIGHTS OF WAY Cable Right Of Way Regulations 11-2 Cable Communications 11-2A Open Video Systems 11-2B Cable Television 11-3 Cable Franchise Agreement 11-3A Cable Regulatory Commission 11-3C Cable Services Customer Service Standards 11-3E Community Tele -Programming Commission 11-3B Rates And General Regulations 11-3D Electric Franchises 11-5 Interstate Power Company 11-5A Maquoketa Valley Electric Cooperative 11-5B Gas Franchise 11-4 Nonfranchised Communications Systems Amendment To License 11-1-5 Application For License 11-1-3 Construction Of Chapter 11-1-16 Definitions 11-1-1 Failure To Secure, Renew Or Comply With License 11-1-11 Granting Of License 11-1-4 Hold Harmless; Insurance; Bond 11-1-10 License Fees 11-1-8 License Required 11-1-2 Notice; Appeal 11-1-15 Police Regulations 11-1-17 Regulations 11-1-6 Reimbursement For City Cost Associated With Construction Activities 11-1-9 Relocation Or Removal When Required By Public Needs 11-1-7 Transfers And Assignments 11-1-12 Undergrounding 11-1-14 Use Of Poles 11-1-13 RUNNING AT LARGE, ANIMALS 7-6B-7 City of Dubuque SAFETY BELTS AND SAFETY HARNESSES IN VEHICLES .... 9-12-321.445 SALARIES (See COMPENSATION AND SALARIES) SAVING CLAUSE, CITY CODE Effect Of Repeals 1-2-2 Severability Of Parts Of Code 1-2-1 SEAL, CITY 1-10-4 SECONDHAND DEALERS (See Also JUNK AND SECONDHAND DEALERS AND PAWNBROKERS) 4-6 SEWERS AND SEWAGE DISPOSAL Certain Disposal Methods Prohibited 13-2-2 Conformance With City Plumbing Rules And Regulations 13-2-5 Connection To Public Sewer 13-2-3 Connections Prior To Improving Streets 13-2-4 Construction, Maintenance And Operation Costs 13-2-6 Definitions 13-2-1 Destruction Of Sewage Works Property 13-2-8 Discharge Regulations Authority To Enter Easement Property For Sewage Works Inspection And Repair 13-2A-10 Authority To Enter Properties For Testing Discharges 13-2A-9 Authority To Regulate Discharge Of Harmful Substances 13-2A-4 Discharge Of Harmful Substances 13-2A-3 Discharge Of Objectionable Items 13-2A-2 Discharge Of Stormwater And Other Unpolluted Drainage 13-2A-1 Manholes, Meters And Sampling Equipment 13-2A-7 Responsibilities Of Owners Of Treatment Or Flow Equalizing Facilities 13-2A-6 Special Agreements Authorized 13-2A-5 Testing Standards 13-2A-8 Industrial Pretreatment Program Abbreviations 13-2D-3 Accidental Discharge/Slug Control Plan 13-2D-8 Administration; Permit Requirements; Regulations 13-2D-11 Definitions 13-2D-2 Enforcement; Violation Notice; Hearing 13-2D-12 Excessive Discharge 13-2D-7 Federal Categorical Pretreatment Standards 13-2D-5 Fees And Charges 13-2D-10 General Discharge Prohibitions 13-2D-4 Notice Of Potential Problems Including Slug Loadings 13-2D-9 Penalty; Costs 13-2D-13 Purpose And Policy 13-2D-1 Specific Pollutant Limitations 13-2D-6 City of Dubuque SEWERS AND SEWAGE DISPOSAL (cont.) Notice Of Violation; Time Limit For Correction 13-2-9 Private Disposal Systems; Private Haulers Abandonment Of Private Treatment And Disposal System 13-2B-5 Appeals From Orders Of City Manager 13-2B-7 Connections To Private Treatment And Disposal Systems 13-2B-3 Issuance Of Permit; Inspection; Completion Of Installation 13-2B-2 Permit Required; Application, Form And Fee 13-2B-1 Private Disposal Facilities Not Expense To City 13-2B-4 Private Haulers 13-2B-8 Right Of Entry For Inspection And Testing 13-2B-6 Rates Areas Not Served By Public System 13-2C-4 Cost Of Collection 13-2C-6 Definitions 13-2C-2 Lien For Failure To Pay 13-2C-5 Purpose 13-2C-1 Rates Established 13-2C-3 Sanitary Sewer Connection Fees 13-2-7 SIDEWALKS (See Also STREETS, SIDEWALKS AND OTHER PUBLIC PLACES) 10-1 SIGNS Application For Permit 14-10-7 Application To Existing Signs 14-10-4 Combination Signs 14-10-22 Construction 14-10-14 Definitions 14-10-3 Design 14-10-13 Electric Signs 14-10-24 Enforcement; Interpretation; Violations 14-10-5 Exemptions 14-10-8 Fees 14-10-11 Fin Signs 14-10-16 Ground Signs 14-10-18 Inspections 14-10-12 Licensing 14-10-9 Marquees, General 14-10-23 Permit Issuance 14-10-10 Permits Required 14-10-6 Pole Signs 14-10-17 Projecting Signs 14-10-21 Projection And Clearance 14-10-15 Purpose And Scope 14-10-2 City of Dubuque SIGNS (cont.) Roof Signs 14-10-19 Title 14-10-1 Wall Signs 14-10-20 SMOKING, CARRYING LIGHTED OBJECTS IN SPECIFIED PLACES RESTRICTED 6-9-1 SNOW AND ICE REMOVAL FROM STREETS AND PUBLIC WAYS 10-1-3 SOLID WASTE City Or Private Collection Service Availability Of Collection Service 13-6A-2 Charges; Billing And Collection 13-6A-7 City Manager's Authority Generally 13-6A-1 Frequency, Time And Areas Of Collection 13-6A-3 Ownership Of Materials; Unauthorized Collecting Prohibited 13-6A-5 Placement Of Containers For Collection 13-6A-4 Private Collection Service 13-6A-9 Rates And Charges Established; Exceptions 13-6A-6 Yard Waste And Food Scraps 13-6A-8 Container Requirements; Collection Restrictions 13-6-3 Definitions 13-6-1 Deposits On Other Public Or Private Property 13-6-2 Hazardous And Prohibited Wastes Regulated 13-6-7 Storage And Accumulation Restricted 13-6-6 Unlawful Accumulations 13-6-5 Use Of State Approved Dump Site Or Disposal Project 13-6-9 Vehicles Hauling Solid Waste 13-6-8 Wrapping And Draining Of Certain Solid Wastes 13-6-4 SPECIAL PURPOSE DISTRICTS Appendix A Sec. 3-5 SPECULATIVE SHELL BUILDINGS OF COMMUNITY DEVELOPMENT ORGANIZATIONS AND FOR PROFIT ENTITIES (See Also ECONOMIC DEVELOPMENT) 3-4C SPEED RESTRICTIONS 9-7-321.285 9-7-321.294 STAGNANT WATER 6-4-3D STATE STATUTES ADOPTED (See CODES, STATE STATUTES ADOPTED) STORMWATER MANAGEMENT Annual Review Of SFU Rate 13-4-12 Appeal Of Impervious Surface Calculation 13-4-9 Billing, Delinquent Accounts And Collection Procedures 13-4-11 Declaration Of Purpose; Establishment Of District 13-4-2 Definitions 13-4-1 Expenses Of Collection Of Charges 13-4-13 Nonresidential Property 13-4-8 Nonsingle-Family Residential Property 13-4-7 City of Dubuque STORMWATER MANAGEMENT (cont.) Organization 13-4-4 Powers, Duties And Responsibilities 13-4-3 Rate Determinations; Compliance With Bond Covenants 13-4-10 SFU Rate, Charges; Utility Revenues 13-4-5 Single -Family Residential Property 13-4-6 STREETS, SIDEWALKS AND OTHER PUBLIC PLACES Curb And Driveway Construction Permit 10-1-1 Driving On Sidewalk 10-1-9 Expectoration 10-1-5 Hauling Of Dirt, Other Materials Through Streets 10-1-6 Obstructing Public Ways 10-1-4 Playing In Streets 10-1-10 Removal Of Barricades Or Warning Devices 10-1-8 Sidewalk Installation And Repair 10-1-2 Snow And Ice Removal 10-1-3 Unlawful Deposits 10-1-7 SUBDIVISIONS Definitions And General Subdivision Regulations Administration, Enforcement And Penalties 16-1-9 Applicability 16-1-3 Application Fee For Subdivision Plat Review Required 16-1-11 Conflict 16-1-7 Conformance To Comprehensive Plan 16-1-4 Definitions 16-1-2 Exception Of Specific Subdivision Requirements 16-1-10 Interpretation 16-1-6 Purpose 16-1-1 Recording Of Subdivision Plats 16-1-5 Separability 16-1-8 Design And Improvement Standards Blocks And Lots 16-3-3 Improvement Guarantees 16-3-8 Sanitary Sewers 16-3-6 Smaller Lot Development 16-3-2 Stormwater, Grading And Erosion Control 16-3-7 Streets 16-3-4 Subdivision Design Standards 16-3-1 Water Supply 16-3-5 Platting Procedures Application Information Requirements 16-2-3 Iowa 32 (Southwest Arterial) Corridor Review 16-2-4 Review Process 16-2-2 Subdivisions Classified 16-2-1 City of Dubuque -s- -v- SWIMMING POOLS Construction 14-9-3 Definition 14-9-1 Fencing Requirements 14-9-4 Location 14-9-5 Permit Required; Fees 14-9-2 State Code Adopted 14-9-6 T TATTOOING 6-1-1 TAXATION (See Also REVENUE AND TAXATION) Title 3 TRAFFIC (See Also MOTOR VEHICLES AND TRAFFIC) Title 9 TRANSIT SYSTEM Transit Advisory Board; General Provisions Board Appointment; Term; Officers 5-1-1 Fare Increase Or Reduction In Service, Procedure 5-1-6 Meetings 5-1-4 Powers And Duties Of Board 5-1-3 Procedures For Operations 5-1-5 Quorum; Voting Requirement 5-1-2 TREASURER 1-7-7 TREES AND WEEDS Trees And Landscaping 6-8-1 Trees Or Plant Materials That Are Diseased Or Damaged 6-4-3B Weed Abatement 6-8-2 U UNFAIR AND DISCRIMINATORY PRACTICES (See Also HUMAN RIGHTS) 8-3 UTILITIES (See Also PUBLIC UTILITIES) Title 13 V VACANT AND/OR ABANDONED BUILDINGS, LICENSING OF 14-4 VEHICLES (See Also MOTOR VEHICLES AND TRAFFIC) Title 9 October 2009 City of Dubuque -v- -w- VEHICLES FOR HIRE AND PUBLIC TRANSPORTATION Motorized Vehicles For Hire Definitions 4-7B-1 Driver's License Requirements; Fee 4-7B-9 Exemptions 4-7B-2 Manifests 4-7B-5 Open Stands 4-7B-6 Operator's Permit Requirements; Insurance; Fees 4-7B-8 Posting Of Rates 4-7B-4 Taximeter Required 4-7B-3 Vehicles, License And Maintenance 4-7B-7 Nonmotorized Vehicles Business License Requirements; Fees; Insurance 4-7A-4 Definitions 4-7A-1 Driver's License Requirements 4-7A-5 Operation Requirements 4-7A-3 Posting Of Rates 4-7A-2 VICIOUS DOGS (See Also ANIMAL CONTROL) 7-6E W WATER USE AND SERVICE Abandoned Service Pipes 13-1-3 Care Of Water Heaters During Service Shutoffs 13-1-5 City Not Responsible For Breaks In Lines 13-1-2 City's Right To Shut Off Service, Establish Fee 13-1-4 Closing Of Accounts 13-1-8 Connections Alteration To Services 13-1A-8 Application For Service Connection 13-1A-2 Approval Before Backfilling 13-1A-7 Conditions For Service Taps By City 13-1A-4 Connecting City Lines To Private Systems Restricted 13-1A-13 Installation And Maintenance At Expense Of Owner 13-1A-12 Installation Standards And Materials 13-1A-6 Mandatory Connection; Notice; Completion Of Work 13-1A-1 Required Depth Of Service Pipes 13-1A-11 Separate Connections 13-1A-9 Service Connections Installed 13-1A-5 Tap Charges 13-1A-3 Water Supply Control Devices 13-1A-10 Cross Connection Control City Manager's Authority 13-1 D-3 Customer Noncompliance 13-1D-8 October 2009 City of Dubuque WATER USE AND SERVICE (cont) Customer Responsibilities 13-1D-6 Definitions 13-1D-2 Existing Water Services 13-1D-5 Fees 13-1D-9 New Water Services 13-1 D-4 Penalty 13-1D-10 Purpose 13-1D-1 Required Backflow Prevention Assemblies 13-1D-7 Separability Of Provisions 13-1 D-11 Extension Of Mains 13-1-13 Fire Lines 13-1-14 Impersonation Of Department Inspectors 13-1-11 Information As To Location Of Mains And Pipes 13-1-12 Nonliability Of City In Turning On Service 13-1-6 Provisions Of Chapter Part Of Contract 13-1-1 Rates Construction Use 13-1C-3 Fire Sprinkler Service 13-1C-2 Payment Of Bills 13-1C-4 Residential, Commercial, Industrial And All Other Uses 13-1C-1 Right Of Access For Inspection 13-1-10 Service Turned On By City Only 13-1-7 Use Of Fire Hydrants Restricted 13-1-9 Water Meters Accuracy, Testing 13-1B-10 Check Valves On Water Heaters 13-1B-9 Installing Multiple Meters In Same Building 13-1B-6 Location, Method Of Installation 13-1B-3 Meters Furnished By City Or Owner 13-1B-2 Meters Required 13-1B-1 Protecting Meter From Damage 13-1 B-7 Reading Meters 13-1B-11 Remote Readers 13-1 B-4 Right To Repair Without Notice; Tampering Prohibited 13-1 B-8 Services Larger Than Two Inches 13-1B-5 WEAPONS Possession Of Firearms, Weapons And Fireworks In Parks .... 10-5B-12 Weapons, Firearms And Fireworks 7-5A-10 WEEDS (See Also TREES AND WEEDS) 6-8 WINE (See Also LIQUOR CONTROL) 4-2B X October 2009 City of Dubuque -Y- -Z- ZONING Administration And Enforcement Appeals To Board, Standards And Procedure . Appendix A Sec. 5-5 Enforcement, Violations And Penalties Appendix A Sec. 5-1 Issuance Of Building Permits Appendix A Sec. 5-2 Zoning Administrator Appendix A Sec. 5-4 Duties Of Zoning Administrator Appendix A Sec. 5-4.1 Interpretation By Zoning Administrator Appendix A Sec. 5-4.2 Zoning Board Of Adjustment Appendix A Sec. 5-3 Appeals From Board Of Adjustment Decisions Appendix A Sec. 5-3.6 Conditional Use Provisions Appendix A Sec. 5-3.4 Establishment Of Board Appendix A Sec. 5-3.1 General Powers Appendix A Sec. 5-3.3 General Procedure Appendix A Sec. 5-3.2 Special Exception Procedure Appendix A Sec. 5-3.7 Variance Procedure Appendix A Sec. 5-3.5 Adoption And Repeal Of Conflicting Ordinances Effective Date Of Ordinance Provisions Appendix A Sec. 9-2 Repeal Of Conflicting Ordinances Appendix A Sec. 9-1 Definitions Terms Defined Appendix A Sec. 8-1 District Regulations Commercial Districts Appendix A Sec. 3-3 CR Commercial Recreation District .... Appendix A Sec. 3-3.7 CS Commercial Service And Wholesale District Appendix A Sec. 3-3.6 C-1 Neighborhood Commercial District . Appendix A Sec. 3-3.1 C-2 Neighborhood Shopping Center District Appendix A Sec. 3-3.2 C-3 General Commercial District Appendix A Sec. 3-3.3 C-4 Downtown Commercial District Appendix A Sec. 3-3.4 C-5 Central Business District Appendix A Sec. 3-3.5 Industrial Districts Appendix A Sec. 3-4 HI Heavy Industrial District Appendix A Sec. 3-4.2 LI Light Industrial District Appendix A Sec. 3-4.1 MHI Modified Heavy Industrial District . Appendix A Sec. 3-4.4 October 2009 City of Dubuque ZONING (cont.) Office Districts Appendix A Sec. 3-2 OC Office Commercial District Appendix A Sec. 3-2.3 OR Office/High Density Multi -Family Residential District Appendix A Sec. 3-2.1 OS Office/Service District Appendix A Sec. 3-2.2 Residential Districts Appendix A Sec. 3-1 R-1 Single -Family Residential District . . R-2 Two -Family Residential District .. R -2A Alternate Two -Family Residential District . Appendix A Sec. 3-1.1 . Appendix A Sec. 3-1.2 Appendix A Sec. 3-1.3 R-3 Moderate Density Multi -Family Residential District Appendix A Sec. 3-1.4 R-4 Multi -Family Residential District Appendix A Sec. 3-1.5 Special Purpose Districts Appendix A Sec. 3-5 AG Agricultural District Appendix A Sec. 3-5.1 Flood Hazard Overlay District Appendix A Sec. 3-5.3 ID Institutional District Appendix A Sec. 3-5.2 Planned Unit Development District (PUD) Appendix A Sec. 3-5.5 POS Public Open Space District Appendix A Sec. 3-5.4 ROD Fourth Street Peninsula Redevelopment Overlay District Appendix A Sec. 3-5.6 RROD Rural Residential Overlay District Appendix A Sec. 3-5.7 Fee Schedule Amount Of Fee Appendix A Sec. 7-2 Fee Exemption Appendix A Sec. 7-4 Fees Required Appendix A Sec. 7-1 Payment Appendix A Sec. 7-3 General Provisions Annexation Zoning Policy Appendix A Sec. 2-3 Application And Scope Of Regulations Appendix A Sec. 2-5 Accessory Buildings, Structures, And Uses Appendix A Sec. 2-5.4 Buildings, Structures And Uses Of City Appendix A Sec. 2-5.9 Bulk Regulations Appendix A Sec. 2-5.6 Conditional Uses Appendix A Sec. 2-5.2 Exemption From Regulations Appendix A Sec. 2-5.8 Lot Size Requirements Appendix A Sec. 2-5.5 Off Street Parking And Loading Requirements Appendix A Sec. 2-5.7 Principal Permitted Uses Appendix A Sec. 2-5.1 Restricted Height (RH) Overlay District . Appendix A Sec. 2-5.11 Structures Permitted Above Height Limits Appendix A Sec. 2-5.10 Temporary Uses Appendix A Sec. 2-5.3 City of Dubuque -Z- -Z- ZONING (cont.) Application Of District Regulations Appendix A Sec. 2-4 Conformance To Bulk And Yard Regulations Required Appendix A Sec. 2-4.2 Conformance To Use Regulations Appendix A Sec. 2-4.1 Reduction Of Required Lots And Yards Prohibited Yards, Open Space, And Off Street Parking Establishment Of Districts Fences Barbed Wire Other Districts Residential Districts Appendix A Sec. 2-4.4 Appendix A Sec. 2-4.3 Appendix A Sec. 2-1 Appendix A Sec. 2-8 Appendix A Sec. 2-8.3 Appendix A Sec. 2-8.2 Appendix A Sec. 2-8.1 Lots And Buildings To Front On Public Or Approved Private Street Appendix A Sec. 2-9 Number Of Buildings, Structures And Uses Allowed Per Zoning Lot Appendix A Sec. 2-6 Other Districts Appendix A Sec. 2-6.2 Planned Districts Appendix A Sec. 2-6.3 Residential Districts Appendix A Sec. 2-6.1 Yard Required Appendix A Sec. 2-7 Continuing Maintenance Required Appendix A Sec. 2-7.2 Maximum Setback Required Appendix A Sec. 2-7.3 Permitted Obstructions In Required Yards Appendix A Sec. 2-7.1 Zoning Map Adopted Appendix A Sec. 2.2 Amendment Of Official Zoning Map . . Appendix A Sec. 2-2.2 Identification And Location Of Zoning Map Appendix A Sec. 2-2.1 Introduction Interpretation Appendix A Sec. 1-3 Cumulative Provisions Appendix A Sec. 1-3.6 Minimum Requirements Appendix A Sec. 1-3.1 Not A Licensing Ordinance Appendix A Sec. 1-3.5 Overlapping Or Contradictory Regulations Appendix A Sec. 1-3.2 Private Agreements Appendix A Sec. 1-3.3 Unlawful Uses Appendix A Sec. 1-3.4 Purpose Appendix A Sec. 1-2 Severability Appendix A Sec. 1-4 Title Appendix A Sec. 1-1 City of Dubuque -z- -z- ZONING (cont.) Supplemental Provisions Accessory Uses Appendix A Sec. 4-1 Accessory Uses Permitted Appendix A Sec. 4-1.1 Location, Coverage And Height Of Accessory Uses Within Residential And Office Residential Districts Appendix A Sec. 4-1.2 Residential Dwelling Prohibited In Accessory Buildings Appendix A Sec. 4-1.4 Side And Rear Yard Setback Within Residential Districts Appendix A Sec. 4-1.3 Site Plan Approval For Certain Accessory Uses Appendix A Sec. 4-1.5 Adult Entertainment Requirements And Definitions Appendix A Sec. 4-8 Definitions Appendix A Sec. 4-8.2 General Statement Of Intent Appendix A Sec. 4-8.1 Moratorium On Use Of Certain Property As Adult Entertainment Establishment Appendix A Sec. 4-8.4 Regulations Governing Location And Spatial Separation Of Establishments Appendix A Sec. 4-8.3 Home Occupations Appendix A Sec. 4-7 General Provisions Appendix A Sec. 4-7.1 Home Occupations As Conditional Uses Appendix A Sec. 4-7.4 Permitted Home Occupations Prohibited Home Occupations Landscaping And Screening Requirements Application And Scope Of Regulations Intent Landscape Area Requirements Landscaping And Screening Standards Maintenance Of Landscaping And Screening Appendix A Sec. 4-7.2 Appendix A Sec. 4-7.3 .. Appendix A Sec. 4-5 . Appendix A Sec. 4-5.2 Appendix A Sec. 4-5.1 Appendix A Sec. 4-5.3 . Appendix A Sec. 4-5.5 Appendix A Sec. 4-5.6 Screening Requirements For Junk And Salvage Operations Appendix A Sec. 4-5.4 Nonconformities In General Appendix A Sec. 4-6 Expansion Of Residential Lawful Nonconformities Appendix A Sec. 4-6.4 General Statement Of Intent Appendix A Sec. 4-6.1 Lawful Nonconforming Uses Superseded Appendix A Sec. 4-6.3 Lawful Nonconformities Appendix A Sec. 4-6.2 Reconstruction Of Certain Lawful Nonconforming Structures Appendix A Sec. 4-6.5 Reestablishment Of Nonconforming Uses And Structures In Combination Appendix A Sec. 4-6.6 City of Dubuque -z- -z- ZONING (cont.) Off Street Parking And Loading Regulations . . Appendix A Sec. 4-2 Computation Of Off Street Parking And Loading Requirements Appendix A Sec. 4-2.3 General Purpose Appendix A Sec. 4-2.1 Handicap Parking Space Requirements Appendix A Sec. 4-2.8 Location Of Required Parking And Loading Spaces Appendix A Sec. 4-2.4 Off Street Loading Space Requirements Appendix A Sec. 4-2.5 Off Street Parking Requirements Appendix A Sec. 4-2.7 Provisions For Off Street Parking And Storage Of Vehicles In Residential District Appendix A Sec. 4-2.6 Site Plan Required Appendix A Sec. 4-2.2 Sign Regulations Appendix A Sec. 4-3 Definitions Appendix A Sec. 4-3.2 Discontinued Or Abandoned Signs Appendix A Sec. 4-3.6 Exempted Signs Appendix A Sec. 4-3.5 Freeway 61/151 Corridor Signage Overlay District (SOD) Appendix A Sec. 4-3.12 General Statement Of Intent Appendix A Sec. 4-3.1 Nonconforming Signs Appendix A Sec. 4-3.8 Permits Required Appendix A Sec. 4-3.4 Schedule Of Sign Regulations Appendix A Sec. 4-3.11 Sign Calculations And Illustrations Appendix A Sec. 4-3.10 Sign Contractor's License Appendix A Sec. 4-3.7 Signs Prohibited Appendix A Sec. 4-3.3 Temporary Signs Appendix A Sec. 4-3.9 Site Plan Review Provisions Appendix A Sec. 4-4 Administrative Waiver Of Site Plan Review, When Permitted Appendix A Sec. 4-4.3 Appeal Procedure Appendix A Sec. 4-4.9 Application And Scope Appendix A Sec. 4-4.2 Contents Of Site Plan, Graphic Appendix A Sec. 4-4.4 Contents Of Site Plan, Written Appendix A Sec. 4-4.5 Intent Appendix A Sec. 4-4.1 Parking Lot Design Standards Appendix A Sec. 4-4.7 Required Procedures For Site Plan Review Appendix A Sec. 4-4.8 Site Development Standards Appendix A Sec. 4-4.6 Towers And Antennas Appendix A Sec. 4-9 Abandonment Appendix A Sec. 4-9.10 Antennas Appendix A Sec. 4-9.5 Applicability Appendix A Sec. 4-9.3 Application Requirements For Conditional Use Permits Appendix A Sec. 4-9.8 Definitions Appendix A Sec. 4-9.2 City of Dubuque -z- -z- ZONING (cont.) General Statement Of Intent Appendix A Sec. 4-9.1 Landscaping And Screening Requirements Appendix A Sec. 4-9.7 Nonconforming Towers Or Antennas Appendix A Sec. 4-9.9 Support Facilities Appendix A Sec. 4-9.6 Towers Appendix A Sec. 4-9.4 Zoning Reclassification And Text Amendment Procedure Notice And Hearing Requirements Appendix A Sec. 6-2 Hearing Procedures Appendix A Sec. 6-2.2 Notice Of Commission Hearings Appendix A Sec. 6-2.1 Text Amendment Procedure Appendix A Sec. 6-3 Commission Action Appendix A Sec. 6-3.1 Council Action Appendix A Sec. 6-3.2 Zoning Reclassification Procedure Appendix A Sec. 6-1 Application Requirements Appendix A Sec. 6-1.2 Commission Action Appendix A Sec. 6-1.4 Council Action Appendix A Sec. 6-1.5 General Statement Of Intent Appendix A Sec. 6-1.1 Moratorium For Rezonings In Southwest Arterial Corridor Appendix A Sec. 6-1.5.5 Substantial/Nonsubstantial Reclassification Appendix A Sec. 6-1.3 City of Dubuque APPENDIX A ZONING Subject Chapter Introduction 1 General Provisions 2 District Regulations 3 Supplemental Provisions 4 Administration And Enforcement 5 Zoning Reclassification And Text Amendment Procedure 6 Fee Schedule 7 Definitions 8 Adoption And Repeal Of Conflicting Ordinances 9 City of Dubuque CHAPTER 1 INTRODUCTION SECTION: 1-1: Title 1-2: Purpose 1-3: Interpretation 1-4: Severability 1-1: TITLE: This ordinance shall be known and may be cited and referred to as the ZONING ORDINANCE OF THE CITY OF DUBUQUE, IOWA. (Ord. 13-85, 3-18-1985) 1-2: PURPOSE: The zoning regulations and districts as herein established have been made for the purpose of promoting the health, safety, and general welfare of the community, and for the protection and preservation of places and areas of historical and cultural importance and significance. The zoning regulations and districts have been designed to lessen congestion in the streets; to secure safety from fire and other hazards; to provide adequate light and air; to prevent the overcrowding of land; to avoid undue concentration of population and to facilitate the adequate provision of transportation, water, sewage, schools, parks and other public requirements. The zoning regulations and districts have been made with reasonable consideration of the character of the district and its suitability for the particular uses, and with a view of conserving the value of buildings and encouraging the most appropriate use of land throughout the community. (Ord. 13-85, 3-18-1985) 1-3: INTERPRETATION: In their application, the provisions of this ordinance shall be held to be the minimum requirements for the promotion of the purposes of this ordinance, and the provisions shall be interpreted in accordance with the following: City of Dubuque 1-3 1-4 1-3.1. Minimum Requirements: In their interpretation and application, the provisions of this ordinance shall be held to be the minimum requirements for the promotion of the public health, safety, morals, convenience, comfort, prosperity and general welfare. 1-3.2. Overlapping Or Contradictory Regulations: Where the conditions imposed by any provision of this ordinance upon the use of land, buildings, or structures are either more restrictive or less restrictive than comparable conditions imposed by any other provision of this ordinance or of any other law, ordinance, resolution, rule or regulations of any kind, the regulations which are more restrictive shall govern. 1-3.3. Private Agreements: This ordinance is not intended to abrogate, annul or otherwise interfere with any easement, covenant or any other private agreement or legal relationship; provided, however, that where the regulations of this ordinance are more restrictive or impose higher standards or requirements than such easement, covenant or other private agreement of legal relationship, the regulations of this ordinance shall govern. 1-3.4. Unlawful Uses: No building, structure, or use which was not lawfully existing at the time of the adoption of this ordinance shall become or be made lawful solely by reason of the adoption of this ordinance; and to the extent that, and in any respect that, said unlawful building, structure or use is in conflict with the requirements of this ordinance, said building, structure or use remains unlawful hereunder. 1-3.5. Not A Licensing Ordinance: Nothing contained in this ordinance shall be deemed to be a consent, license or permit to use any property or to locate, construct or maintain any building, structure or facility or to carry on any trade, industry, occupation or activity. 1-3.6. Cumulative Provisions: The provisions of this ordinance are cumulative and additional limitations upon all other laws and ordinances, heretofore passed or which may be passed hereafter, governing any subject matter in this ordinance. (Ord. 13-85, 3-18-1985) 1-4: SEVERABILITY: It is hereby declared to be the intention of the city council of the city of Dubuque that the several provisions of this ordinance are separable, in accordance with the following: A. If any court of competent jurisdiction shall adjudge any provision of this ordinance to be invalid, such judgment shall not affect any other provisions of this ordinance. City of Dubuque 1-4 1-4 B. If any court of competent jurisdiction shall adjudge invalid the application of any provision of this ordinance to a particular parcel of land, a building or other structure, such judgment shall not affect the application of said provisions to any other parcel of land, building or structure. (Ord. 13-85, 3-18-1985) City of Dubuque 2-1 2-1 SECTION: 2-1: 2-2: 2-3: 2-4: 2-5: 2-6: 2-7: 2-8: 2-9: CHAPTER 2 GENERAL PROVISIONS Establishment Of Districts Zoning Map Adopted Annexation Zoning Policy Application Of District Regulations Application And Scope Of Regulations Number Of Buildings, Structures And Uses Allowed Per Zoning Lot Yard Required Fences Lots And Buildings To Front On Public Or Approved Private Street 2-1: ESTABLISHMENT OF DISTRICTS: In order to carry out the purposes of this ordinance, the following districts are hereby established: Residential districts: R-1 Single-family residential district R-2 Two-family residential district R -2A Alternate two-family residential district R-3 Moderate density multi -family residential district R-4 Multi -family residential district Office districts: OR Office/high density multi -family residential district OS Office/service district OC Office commercial district Commercial districts: C-1 Neighborhood commercial district C-2 Neighborhood shopping center district City of Dubuque 2-1 2-2 C-3 General commercial district C-4 Downtown commercial district C-5 Central business district CS Commercial service and wholesale district CR Commercial recreation district Industrial districts: LI Light industrial district HI Heavy industrial district MHI Modified heavy industrial district Special purpose districts: AG Agricultural district ID Institutional district FL Flood hazard overlay district POS Public open space district PUD Planned unit development district SOD Freeway 61/151 corridor signage overlay district RROD Rural residential overlay district (Ord. 13-85, 3-18-1985; Ord. 21-92, § 1, 3-2-1992; Ord. 78-92, § 1, 11-2-1992; Ord. 12-93, § 1, 3-15-1993; Ord. 43-95, § 1, 7-3-1995; Ord. 58-08, § 1, 9-18-2008) 2-2: ZONING MAP ADOPTED: The city is hereby divided into districts as shown on the official zoning map, which together with all explanatory matter thereon, is hereby adopted by reference and declared to be a part of this ordinance. 2-2.1. Identification And Location Of Zoning Map: The official zoning map shall be identified by the signature of the mayor, attested by the city clerk together with the date of adoption of this ordinance. The official zoning map shall be located in the office of planning services. 2-2.2. Amendment Of Official Zoning Map: Amendments made to the official zoning map in accordance with provisions of this ordinance and chapter 414, code of Iowa, 1975, shall be entered on the official zoning map promptly upon receiving a copy of the ordinance signed by the mayor and city clerk approving said amendment. City of Dubuque 2-2 2-4 No changes of any nature shall be made on the official zoning map except in conformity with the procedure set forth in this ordinance. (Ord. 13-85, 3-18-1985; Ord. 70-90, § 1, 9-4-1990) 2-3: ANNEXATION ZONING POLICY: All territory which may hereafter be annexed to the city may, prior to annexation, be classified, effective upon annexation, in accordance with the provisions of chapter 6 of this ordinance. If voluntary annexation of the territory is requested, but the territory is not classified as requested by the applicant, the applicant may withdraw the voluntary annexation request. If not so classified, the territory shall be classified AG agricultural district, and shall remain in that classification pending request for reclassification in accordance with the provisions of chapter 6 of this ordinance. (Ord. 13-85, 3-18-1985; Ord. 25-98, § 1, 5-4-1998) 2-4: APPLICATION OF DISTRICT REGULATIONS: Regulations within each district shall be applied uniformly to each class or kind of structure or land. 2-4.1. Conformance To Use Regulations: No building, structure, or land shall hereafter be used or occupied, and no building, structure, or part thereof, shall hereafter be erected, constructed, reconstructed, moved, or structurally altered except in conformity with all of the regulations herein specified for the district in which it is located. 2-4.2. Conformance To Bulk And Yard Regulations Required: No building or other structure shall hereafter be erected or altered: A. To exceed the height or bulk; B. To accommodate or house a greater number of families; C. To have narrower or smaller rear yards, front yards, side yards, or other open spaces; than herein permitted; or in any other manner contrary to the provisions of this ordinance. 2-4.3. Yards, Open Space, And Off Street Parking: No part of a yard, open space, off street parking, or loading space required in connection with any building for the purpose of complying with this ordinance shall be included as part of a yard, open space, off street parking, or loading space for any other building. City of Dubuque 2-4 2-5 2-4.4. Reduction Of Required Lots And Yards Prohibited: No yard or lot existing on the effective date of this ordinance (March 18, 1985) shall be reduced in dimension or area below the minimum requirements set forth herein. Yards or lots created after the effective date hereof shall meet at least the minimum requirements established by this ordinance. (Ord. 13-85, 3-18-1985) 2-5: APPLICATION AND SCOPE OF REGULATIONS: 2-5.1. Principal Permitted Uses: No building, structure, or part thereof, shall hereafter be built, moved or remodeled, and no building, structure or land shall hereafter be used, occupied, operated or designed for use or occupancy except for a use that is listed as a principal permitted use or accessory use under the district regulations for the zoning district in which the building, structure or land is located. No principal permitted use already established on the effective date of this ordinance (March 18, 1985) shall be altered, modified or enlarged so as to conflict with, or further conflict with, the regulations for the zoning district in which such use is located. 2-5.2. Conditional Uses: No use of building, structure or land that is designated as a conditional use in any zoning district shall hereafter be established, and no existing conditional use, or part thereof, shall hereafter be changed to another conditional use in such district, unless a conditional use permit has been secured in accordance with the provisions of section 5-3.3 of this ordinance. Any established use on the effective date of this ordinance that would be classified as a conditional use in the district in which it is located, has all the rights of an approved conditional use and does not require any additional approval or review. No conditional use already established on the effective date of this ordinance (March 18, 1985) shall be altered, modified or enlarged so as to conflict with, or further conflict with, the regulations applicable to the zoning district in which such use is located. 2-5.3. Temporary Uses: Within any district established by this ordinance, temporary uses shall be permitted as listed within the zoning district in which the proposed temporary use is located, but only provided that: A. A site plan, indicating the proposed use, length of stay, off street parking, and traffic circulation be submitted with the appropriate filing fee as established in chapter 7 of this ordinance and approved by signature of the city planner except as otherwise provided for in the district regulations; and City of Dubuque 2-5 2-5 B. The use is of a limited and temporary duration, and in no case will exceed six (6) months, unless the city planner grants an extension upon showing of good cause. The city planner can grant a maximum of two (2) 90 -day extensions; and C. The use will serve a public need or contribute to the public convenience and welfare; and D. The use bears some functional or other beneficial relationship to a permitted use within the district; and E. The use will not be likely to interfere with the appropriate use and enjoyment of nearby properties that may be affected by its operation. 2-5.4. Accessory Buildings, Structures, And Uses: No accessory building, structure or use, or temporary building, structure or use shall hereafter be built, moved or remodeled, established, altered or enlarged unless such accessory building, structure or use is permitted by and in conformance with the provisions of section 4-1 of this ordinance, and all other regulations or requirements pertaining to the district in which such building, structure or use is located. 2-5.5. Lot Size Requirements: Except as may be otherwise specifically provided in this ordinance: A. No building, structure, or part thereof, shall hereafter be built, moved or remodeled, and no building, structure or land shall hereafter be used, occupied, arranged, or designed for use or occupancy of a zoning lot which is smaller in area than the minimum lot area or minimum lot area per dwelling unit; narrower than the minimum lot width; or shallower than the minimum lot depth required in the zoning district in which the building, structure or land is located. B. No existing building or structure shall hereafter be remodeled so as to conflict, or further conflict, with the lot area per dwelling unit requirements for the zoning district in which the building or structure is located. 2-5.6. Bulk Regulations: This ordinance expresses bulk regulations in terms of maximum building or structure height, maximum lot coverage, and minimum front, side and rear yards. Unless permitted elsewhere in this ordinance, no building, structure, or part thereof, shall hereafter be built, moved or remodeled, and no building, structure or land shall hereafter be used, occupied or designed for use or occupancy: City of Dubuque 2-5 2-5 A. So as to exceed the maximum building or structure height, or maximum lot coverage specified for the zoning district in which the building or structure is located; or B. So as to provide any front, side, or rear yard that is less than that specified for the zoning district in which such building, structure or use of land is located or maintained. 2-5.7. Off Street Parking And Loading Requirements: No structure shall hereafter be built or moved and no structure or land shall hereafter be used, occupied, or designed for use or occupancy unless the minimum off street parking and off street loading spaces required by the provisions of this ordinance are provided. No structure or use already established on the effective date of this ordinance (March 18, 1985) shall be enlarged, expanded or increased in use unless the minimum off street parking and loading spaces which would be required by the provisions of this ordinance for such enlargement, expansion or increase in use are provided. 2-5.8. Exemption From Regulations: The following structures or uses are exempt from the regulations of this ordinance and shall be permitted in any district: A. Poles, wires, cables, conduits, vaults, laterals, pipes, mains, valves, or any other similar equipment for transmission or distribution to customers of telephone or other communication services, electricity, gas, steam or water, or the collection of sewage or surface water, operated or maintained by a public utility. B. Individually owned residential antennas not including satellite receiving dishes (see Accessory Structures). C. Railroad tracks, signals, bridges and similar facilities and equipment located on a railroad right of way. 2-5.9. Buildings, Structures And Uses Of The City: All buildings, structures, or uses owned or operated by the city not exempted by section 2-5.8 of this ordinance shall also be exempted from the regulation of this ordinance and shall be permitted in any district provided that: A. A site plan is submitted and approved in accordance with the provisions of section 4-4 of this ordinance. 2-5.10. Structures Permitted Above The Height Limits: The following may exceed the prescribed height limit, provided they are required for a use permitted in the district in which they are erected or constructed: chimneys, City of Dubuque 2-5 2-5 cooling towers, condensers, elevator bulkheads, belfries, stacks, ornamental towers, monuments, cupolas, domes, spires, and other necessary mechanical appurtenances and their protective housing. Churches, however, may be erected to a height not exceeding seventy five feet (75'); provided, that such buildings shall provide at least one additional foot of yard space on all sides for each additional foot by which such building exceeds the maximum height limit of the district in which it is located. 2-5.11. Restricted Height (RH) Overlay District: It is recognized that in addition to height restrictions in other sections of this ordinance, 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. Such areas shall be identified on the zoning map as restricted height (RH) overlay zones. Such designation shall not affect usage of the property within the parameters of its zoning classification except that no structure shall be allowed to exceed the height above sea level specified in the RH designation. No variance shall be granted to the restricted height zone. The following areas shall be designated as RH zones: A. A strip of land one hundred feet (100') wide from the communication tower at Sunnycrest Care Facility to the communication tower at the Peosta water tower, insofar as said strip of land exists within the corporate limits of the city. The maximum height allowed in this corridor shall be one thousand feet (1,000') above mean sea level as determined by a qualified engineer licensed under the laws of the state. B. A strip of land one hundred feet (100') wide extending a point which is six hundred seventy feet (670') above mean sea level at the Dubuque Law Enforcement Center to a point which is nine hundred thirty feet (930') above mean sea level at Sunnycrest Manor in which no structure may be built to a height exceeding the relative height of a line drawn between these two (2) elevations. The maximum height allowed in this corridor shall be determined by a qualified engineer licensed under the laws of the state. (Ord. 13-85, 3-18-1985; Ord. 70-90, § 1(a), 9-4-1990; Ord. 12-94, § 1, 3-21-1994; Ord. 72-99, § 1, 9-7-1999) City of Dubuque 2-6 2-7 2-6: NUMBER OF BUILDINGS, STRUCTURES AND USES ALLOWED PER ZONING LOT: 2-6.1. Residential Districts: Within residential and office -residential districts, only one principal permitted use or building shall be located on a single zoning lot. In addition, no residential building shall be located on the same zoning lot with any other use except permitted accessory uses. 2-6.2. Other Districts: In other districts, any number of buildings, structures or uses permitted by this ordinance may be established; provided, that the individual district regulations can be met, except that for any building used primarily for residential purposes, the provisions of section 2-6.1 of this ordinance shall apply. 2-6.3. Planned Districts: Planned districts (PR, PC and PI) are exempt from the provisions of sections 2-6.1 and 2-6.2 of this ordinance. (Ord. 13-85, 3-18-1985) 2-7: YARD REQUIRED: All yards required by this ordinance shall be provided as open, unobstructed space except as permitted in section 2-7.1 of this ordinance. 2-7.1. Permitted Obstructions In Required Yards: A. All Required Yards: Awnings, shutters, canopies; arbors and trellises; chimneys projecting not more than twenty four inches (24") into the required yard; flagpoles; steps necessary for access to a building or lot; fences and walls as provided in section 2-8 of this ordinance; and hedges and other vegetation. B. Required Front Yards: Bay windows, oriels, or balconies projecting not more than five feet (5') into the required front yard; overhanging eaves and gutters projecting into the required front yard not more than one-third (1/3) the distance to the front property line from an exterior wall; off street parking, except that ten feet (10') of clear visibility shall be maintained on corner lots in accordance with section 4-4.6 of this ordinance. C. Required Rear Yards: Accessory uses, buildings or structures as permitted by section 4-1 of this ordinance; attached or detached enclosed off street parking spaces; balconies, breezeways, open unroofed porches, terraces and decks; bay windows projecting not more than five feet (5') into the required rear yard; overhanging eaves and gutters projecting into the required rear yard not more City of Dubuque 2-7 2-8 than one-third (1/3) the distance to the rear property line from an exterior wall. D. Required Side Yards: Accessory uses, buildings or structures as permitted by section 4-1 of this ordinance; overhanging eaves and gutters projecting into the required side yard not more than one-third (1/3) the distance to the side property line from an exterior wall; open off street parking, except as provided for in section 4-2 of this ordinance. 2-7.2. Continuing Maintenance Required: The maintenance of any yard, open space, minimum lot area, or off street parking space required by this ordinance shall be a continuing obligation of the owner of the property to which such requirements apply. No yard, open space, lot area, or off street parking area required by this ordinance for any building, structure, or use shall, by virtue of change of ownership or any other reason be used to satisfy any yard, open space, lot area, or off street parking area required for any other building, structure, or use, except as may be otherwise specifically provided herein. In addition, no yard or lot existing at the effective date of this ordinance (March 18, 1985) shall be reduced in dimension or area below the minimum requirements set forth herein for the district in which such yard or lot is located. 2-7.3. Maximum Setback Required: For any single-family detached and two- family residential structure within R-1, R-2, R -2A and R-3 zoning districts: A. In no case shall a front yard setback greater than fifty feet (50') be allowed. (Ord. 13-85, 3-18-1985; Ord. 31-89, § 1, 6-19-1989) 2-8: FENCES: 2-8.1. Residential Districts: On any residential lot, fences may be erected to a height of seven feet (7') in all yards except that fences erected in required front yards shall not exceed four feet (4') in height; provided, that ten feet (10') of clear visibility shall be maintained on corner lots in accordance with section 4-4.6 of this ordinance with the exception that: A. In a historic district, fences with height in excess of the above limitations may be permitted as conditional uses where the height, material, composition and general appearance of the fence is appropriate to the property in that historic district and the other application standards for conditional use permits are met. City of Dubuque 2-8 2-9 2-8.2. Other Districts: Fences surrounding school yards or located in other zoning districts shall be exempt from the provisions of section 2-8.1 of this ordinance; provided, that visibility at intersections is not hindered. 2-8.3. Barbed Wire: Barbed wire shall not be permitted below eight feet (8') in height except on AG, agriculturally zoned properties for purposes of containing livestock. (Ord. 13-85, 3-18-1985; Ord. 56-88, § 1, 11-7-1988) 2-9: LOTS AND BUILDINGS TO FRONT ON PUBLIC OR APPROVED PRIVATE STREET: All lots created after the effective date of this ordinance (March 18, 1985) shall front upon a public street or an approved private street, and no building shall be hereafter erected or constructed except upon such a lot. (Ord. 13-85, 3-18-1985; Ord. 16-98, § 1, 3-16-1998) City of Dubuque 3-1 3-1 CHAPTER 3 DISTRICT REGULATIONS SECTION: 3-1: Residential Districts 3-2: Office Districts 3-3: Commercial Districts 3-4: Industrial Districts 3-5: Special Purpose Districts 3-1: RESIDENTIAL DISTRICTS1: 3-1.1. R-1 Single -Family Residential District: A. General Purpose And Description: The R-1 district is the most restrictive residential district. The principal use of land in this district is for low density single-family dwellings and related recreational, religious and educational facilities normally required to service the residents within the district. Low density residential areas shall be protected from higher density residential development and from the encroachment of incompatible uses. B. Principal Permitted Uses: The following uses shall be permitted in the R-1 district: Cemeteries, mausoleums and columbariums - [47]. Churches, convents and monasteries - [7]. Noncommercial nurseries and gardens - [n/a]. Public and private/parochial schools approved by Iowa state board of public instruction (K - 12) - [10]. 1. Numbers in brackets throughout this chapter, e.g., [11], refer to parking groups listed in section 4-2.7 of this ordinance. City of Dubuque 3-1 3-1 Public or private parks, golf courses, or similar natural recreation areas - [47]. Railroads and public or quasi -public utilities including substations - [47]. Single-family residential dwelling (detached) - [11]. C. Accessory Uses: The following uses shall be permitted as accessory uses as provided in chapter 4 of this ordinance: Attached garages. Childcare. Detached garages. Fences. Garage sales or rummage sales; provided, that not more than three (3) such sales shall be allowed per premises per calendar year and not more than three (3) consecutive days per sale. Home occupations. Noncommercial gardens and nurseries. Noncommercial greenhouses. Off street parking and storage of vehicles. Readily movable sports, recreation, or outdoor cooking equipment. Satellite receiving dishes. Solar collectors. Storage buildings. Tennis courts, swimming pools and similar permanent facilities. Wind generators. D. Conditional Uses: The following conditional uses are permitted in the R-1 district, subject to the provisions of chapter 5 of this ordinance City of Dubuque 3-1 3-1 and are the minimum requirements for application to the board of adjustment for a conditional use permit: Bed and breakfast home; provided, that: 1. The structure is either regulated by the historic preservation ordinance or is listed on the National Register of Historic Places; 2. The use is maintained within an owner occupied, single- family dwelling; 3. The structure has a minimum total floor area of four thousand five hundred (4,500) square feet, with not more than one sleeping room for each seven hundred fifty (750) square feet of floor area, with a maximum of three (3) sleeping rooms; 4. Signage shall be limited to one wall mounted sign not to exceed six (6) square feet in area, not internally illuminated, and with direct lighting only with a sharp cutoff luminance; 5. The permit shall not license the property for rental as a private club, museum, or tour home; and 6. Parking shall be provided at a rate of one space per guestroom. The parking shall be provided on site or on a street frontage of the property, and should not intensify parking problems in the neighborhood. Keeping of horses or ponies; provided, that: 1. A minimum of two (2) acres of property is available for the first animal; 2. A minimum of 1.5 acres of additional property is available for an additional animal, up to a maximum of two (2) animals; and 3. A shelter of at least one hundred fifty (150) square feet and enclosed on at least three (3) sides shall be provided on the property. City of Dubuque 3-1 3-1 Licensed childcare center; provided, that: 1. All applicable state requirements have been met; 2. The parking group requirements can be met - [8]; 3. Such facility shall supply loading and unloading of children so as not to obstruct public streets, or create traffic or safety hazards; 4. All licenses have been issued or have been applied for awaiting the outcome of the board's decision; and 5. Signage shall be limited to one nonilluminated, wall mounted sign not to exceed four (4) square feet in area. Off street parking of operable automobiles to serve a permitted or conditional use in an abutting office, commercial (except C-1 district), institutional district or adjacent to churches or schools only; provided, that: 1. No structure other than a screening or security fence or wall shall be erected on the premises; 2. Signage shall be limited to one freestanding sign of no more than six (6) square feet in size per drive opening, identifying the parking use, providing directions or marking entrances and exits thereto; 3. A site plan shall be submitted and approved as provided in chapter 4 of this ordinance. E. Temporary Uses: The following uses shall be permitted as temporary uses in the R-1 district: Building or trailer for storage of materials and/or equipment necessary for construction authorized by a valid building permit, provided the location of the building or trailer has been approved by the building official. (see following page) City of Dubuque 3-1 F. Bulk Regulations: 3-1 R-1 District Bulk Regulations Lot Area In Sq. Ft. x 1,000 Lot Frontage In Ft. Coverage As % Of Lot Area Front Yard Setbacks Side Yard Setback Rear Yard Setback % Depth Building Height In Ft. Min. Max. Permitted uses: Church (see section 2-5.10 of this ordi- nance) 20 100 40 20 20 20 30 Single-family residential 5 50 40 20 50 6 20 30 Conditional uses: Nursery school/ daycare 6 60 40 20 6 20 30 G. Parking Requirements: See section 4-2 of this ordinance. H. Signs: See section 4-3 of this ordinance. 3-1.2. R-2 Two -Family Residential District: A. General Purpose And Description: The R-2 district is intended to provide residential areas characterized by single-family and two- family dwellings. Increased densities and introduction of two-family housing types are intended to provide greater housing options while maintaining the basic qualities of a low density residential neighborhood. B. Principal Permitted Uses: The following uses shall be permitted in the R-2 district: Cemeteries, mausoleums, columbariums - [47]. Churches, convents and monasteries - [7]. Noncommercial nurseries and gardens - [n/a]. Public and private/parochial schools approved by Iowa state board of public instruction (K - 12) - [10]. City of Dubuque 3-1 3-1 Public or private parks, golf courses, or similar natural recreation areas - [47]. Railroads and public or quasi -public utilities including substations - [47]. Single-family detached dwellings - [11]. Townhouses (maximum 2 dwelling units) - [11]. Two-family dwelling (duplex) - [11]. C. Accessory Uses: The following uses shall be permitted as accessory uses as provided in chapter 4 of this ordinance: Attached garages. Childcare. Detached garages. Fences. Garage sales or rummage sales provided that not more than three (3) such sales shall be allowed per premises per calendar year and not more than three (3) consecutive days per sale. Home occupations. Noncommercial gardens and nurseries. Noncommercial greenhouses. Off street parking and storage of vehicles. Readily movable sports, recreation, or outdoor cooking equipment. Satellite receiving dishes. Solar collectors. Storage buildings. Tennis courts, swimming pools and similar permanent facilities. City of Dubuque 3-1 3-1 Wind generators. D. Conditional Uses: The following conditional uses are permitted in the R-2 district, subject to the provisions of chapter 5 of this ordinance and are the minimum requirements for application to the board of adjustment for a conditional use permit: Bed and breakfast home; provided, that: 1. The structure is either regulated by the historic preserva- tion ordinance or is listed on the National Register of Historic Places; 2. The use is maintained within an owner occupied, single- family dwelling; 3. The structure has a minimum total floor area of four thousand five hundred (4,500) square feet, with not more than one sleeping room for each seven hundred fifty (750) square feet of floor area, with a maximum of five (5) sleeping rooms; 4. Signage shall be limited to one wall mounted sign not to exceed six (6) square feet in area, not internally illuminated, and with direct lighting only with sharp cutoff luminance; 5. The permit shall not license the property for rental as a private club, museum, or tour home; and 6. Parking shall be provided at a rate of one space per guestroom. The parking shall be provided on site or on a street frontage of the property, and should not intensify parking problems in the neighborhood. Hospice; provided, that: 1. The parking group requirements can be met - [2]. 2. Signs shall not be permitted. Licensed childcare center; provided, that: 1. All applicable state requirements have been met; 2. The parking group requirements can be met - [8]; City of Dubuque 3-1 3-1 3. Such facility shall supply loading and unloading of children so as not to obstruct public streets, or create traffic or safety hazards; 4. All licenses have been issued or have been applied for awaiting the outcome of the board's decision; and 5. Signage shall be limited to one nonilluminated, wall mounted sign not to exceed four (4) square feet in area. Off street parking of operable automobiles to serve a permitted or conditional use in an abutting office, commercial (except C-1 district), institutional district or adjacent to churches or schools only; provided, that: 1. No structure other than a screening or security fence or wall shall be erected on the premises; 2. Signage shall be limited to one freestanding sign of no more than six (6) square feet in size per drive opening, identifying the parking use, providing directions or marking entrances and exits thereto; 3. A site plan shall be submitted and approved as provided in chapter 4 of this ordinance. E. Temporary Uses: The following uses shall be permitted as temporary uses in the R-2 district: Building or trailer for storage of materials and/or equipment necessary for construction authorized by a valid building permit, provided the location of the building or trailer has been approved by the building official. (see following page) City of Dubuque 3-1 F. Bulk Regulations: 3-1 R-2 District Bulk Regulations Lot Area In Sq. Ft. x 1,000 Lot Frontage In Ft, Coverage As % Of Lot Area Front Yard Setbacks Side Yard Setback Rear Yard Setback % Depth Building Height In Ft. Min. Max. Permitted uses: Church (see section 2-5.10 of this ordi- nance) 20 100 40 20 20 20 30 Single-family residential 5 50 40 20 50 6 20 30 Townhouse (max. 2 du) 3/du 25/du 40 20 50 6/0 20 30 Two-family residential 6 50 40 20 50 6 20 30 Conditional uses: Hospice 6 50 40 20 6 20 30 Nursery school/ daycare 5 50 40 20 6 20 30 G. Parking Requirements: See section 4-2 of this ordinance. H. Signs: See section 4-3 of this ordinance. 3-1.3. R -2A Alternate Two -Family Residential District: A. General Purpose And Description: The R -2A district is intended to provide for the protection of certain older areas of the community developed principally as single-family and two-family uses. The purpose of this district is to stabilize and preserve the residential character of existing areas through the establishment of bulk regulations in conformity with existing conditions. Characteristics of the R -2A district are: smaller than average lot widths and area, established building lines much closer to the public right of way and required setback lines, and/or greater lot coverages than allowed in the more recent developing areas where such requirements can be provided. The R -2A district is to be selectively placed on those areas displaying one or more of the above characteristics. City of Dubuque 3-1 3-1 B. Principal Permitted Uses: The following uses shall be permitted in the R -2A district: Cemeteries, mausoleums, columbariums - [47]. Churches, convents and monasteries - [7]. Noncommercial nurseries and gardens - [n/a]. Public and private/parochial schools approved by Iowa state board of public instruction (K - 12) - [10]. Public or private parks, golf courses, or similar natural recreation areas - [47]. Railroad and public or quasi -public utilities including substations [47]. Single-family detached dwellings - [11]. Townhouses (maximum 2 dwelling units) - [11]. Two-family dwelling (duplex) - [11]. C. Accessory Uses: The following uses shall be permitted as accessory uses as provided in chapter 4 of this ordinance: Attached garages. Childcare. Detached garages. Fences. Garage sales or rummage sales provided that not more than three (3) such sales shall be allowed per premises per calendar year and not more than three (3) consecutive days per sale. Home occupations. Noncommercial gardens and nurseries. Noncommercial greenhouses. City of Dubuque 3-1 3-1 Off street parking and storage of vehicles. Readily movable sports, recreation, or outdoor cooking equipment. Satellite receiving dishes. Solar collectors. Storage buildings. Tennis courts, swimming pools and similar permanent facilities. Wind generators. D. Conditional Uses: The following conditional uses are permitted in the R -2A district, subject to the provisions of chapter 5 of this ordinance and are the minimum requirements for application to the board of adjustment for a conditional use permit: Bed and breakfast home; provided, that: 1. The structure is either regulated by the historic preservation ordinance or is listed on the National Register of Historic Places; 2. The use is maintained within an owner occupied, single- family dwelling; 3. The structure has a minimum total floor area of four thousand five hundred (4,500) square feet, with not more than one sleeping room for each seven hundred fifty (750) square feet of floor area, with a maximum of three (3) sleeping rooms; 4. Signage shall be limited to one wall mounted sign not to exceed six (6) square feet in area, not internally illuminated, and with direct lighting only with sharp cutoff luminance; 5. The permit shall not license the property for rental as a private club, museum, or tour home; and 6. Parking shall be provided at a rate of one space per guestroom. The parking shall be provided on site or on a street frontage of the property, and should not intensify parking problems in the neighborhood. City of Dubuque 3-1 3-1 Hospice; provided, that: 1. The parking group requirements can be met - [2]; 2. Signs shall not be permitted. Individual zero lot line homes; provided, that: 1. The adjoining property owner, on the zero lot line side, agrees to the property line location and to providing a five foot (5') maintenance easement prior to board review; and 2. The roof overhang shall not extend across the property line; and 3. A minimum of six feet (6') can be maintained between homes and other structures. Licensed childcare center; provided, that: 1. All applicable state requirements have been met; 2. The parking group requirements can be met - [8]; 3. Such facility shall supply loading and unloading of children so as not to obstruct public streets, or create traffic or safety hazards; 4. All licenses have been issued or have been applied for awaiting the outcome of the board's decision; and 5. Signage shall be limited to one nonilluminated, wall mounted sign not to exceed four (4) square feet in area. Off premises residential garage; provided, that: 1. It is incidental and subordinate to a permitted residential use and located on a lot within three hundred feet (300') of the residential use it serves; 2. It is owned and maintained by the property owner within three hundred feet (300') of the residential use it serves; 3. Such use shall be designed, constructed and maintained in harmony with the residential setting in which it is located; City of Dubuque 3-1 3-1 4. No such use shall exceed seven hundred twenty (720) square feet of floor area per dwelling unit and a height of fifteen feet (15'); 5. No commercial storage, sales or home occupations shall be permitted within such structure; 6. No outside storage shall be permitted in conjunction with such use; 7. A site plan shall be submitted as provided for in section 4-4 of this ordinance. Off street parking of operable automobiles to serve a permitted or conditional use in an abutting office, commercial (except C-1 district), institutional, industrial district or adjacent to churches or schools only; provided, that: 1. No structure other than a screening or security fence or wall shall be erected on the premises; 2. Signage shall be limited to one freestanding sign of no more than six (6) square feet in size per drive opening, identifying the parking use, providing directions or marking entrances and exits thereto; 3. A site plan shall be submitted and approved as provided in chapter 4 of this ordinance. E. Temporary Uses: The following uses shall be permitted as temporary uses in the R -2A district: Building or trailer for storage of materials and/or equipment necessary for construction authorized by a valid building permit, provided the location of the building or trailer has been approved by the building official. (see following page) City of Dubuque 3-1 F. Bulk Regulations: 3-1 R -2A District Bulk Regulations Lot Area In Sq. Ft. x 1,000 Lot Frontage In Ft. Coverage As % Of Lot Area Front Yard Setbacks Side Yard Setback Rear Yard Setback % Depth Building Height In Ft. Min. Max. Permitted uses: Church (see section 2-5.10 of this ordi- nance) 20 100 40 10 20 20 30 Single-family residential 2.5 25 50 10 50 3 10 30 Townhouse (maximum 2 du) 2.5/du 25/du 50 10 50 3/0 10 30 Two-family residential 2.5 25 50 10 50 3 10 30 Conditional uses: Hospice 2.5 25 50 10 3 10 30 Individual zero lot line 2.5 25 50 10 50 8/0 10 30 Nursery school/ daycare 2.5 25 50 10 3 10 30 Off premises residential garage 10 3 6' 15 Note: Minimum 20 feet for garages facing street. G. Parking Requirements: See section 4-2 of this ordinance. H. Signs: See section 4-3 of this ordinance. 3-1.4. R-3 Moderate Density Multi -Family Residential District: A. General Purpose And Description: The R-3 district is intended to provide residential areas of moderate density developments which may include a variety of dwelling types ranging from single-family to low rise multi -family dwellings. City of Dubuque 3-1 3-1 B. Principal Permitted Uses: The following uses shall be permitted in the R-3 district: Cemeteries, mausoleums, columbariums - [47]. Churches, convents, and monasteries - [5]. Multi -family dwelling (maximum 6 dwelling units) - [9]. Noncommercial nurseries and gardens - [n/a]. Public and private/parochial schools approved by Iowa state board of public instruction (K - 12) - [10]. Public or private parks, golf courses, or similar natural recreation areas - [47]. Railroads and public or quasi -public utilities including substations [47]. Single-family detached dwellings - [11]. Townhouses (maximum 6 dwelling units) - [11]. Two-family dwelling (duplex) - [11]. C. Accessory Uses: The following uses shall be permitted as accessory uses as provided in chapter 4 of this ordinance: Attached garages. Childcare. Detached garages. Fences. Garage sales or rummage sales; provided, that not more than three (3) such sales shall be allowed per premises per calendar year and not more than three (3) consecutive days per sale. Home occupations. Noncommercial gardens and nurseries. City of Dubuque 3-1 3-1 Noncommercial greenhouses. Off street parking and storage of vehicles. Readily movable sports, recreation, or outdoor cooking equipment. Satellite receiving dishes. Solar collectors. Storage buildings. Tennis courts, swimming pools and similar permanent facilities. Wind generators. D. Conditional Uses: The following conditional uses are permitted in the R-3 district, subject to the provisions of chapter 5 of this ordinance and are the minimum requirements for application to the board of adjustment for a conditional use permit: Bed and breakfast home; provided, that: 1. The structure is either regulated by the historic preservation ordinance or is listed on the National Register of Historic Places; 2. The property has a full time resident owner or resident manager; 3. The structure has a minimum total floor area of four thousand five hundred (4,500) square feet, with not more than one sleeping room for each seven hundred fifty (750) square feet of floor area, with a maximum of nine (9) sleeping rooms; 4. Signage shall be limited to one wall mounted, projecting sign with not more than a forty inch (40") projection, or freestanding sign, per street frontage not to exceed six (6) square feet in area, not internally illuminated, and with direct lighting only with sharp cutoff luminance; 5. The permit shall not license the property for rental as a private club, museum, or tour home; and City of Dubuque 3-1 3-1 6. Parking shall be provided at a rate of one space per guestroom. The parking shall be provided on site or on a street frontage of the property, and should not intensify parking problems in the neighborhood. Group homes; provided, that: 1. Not less than six hundred fifty (650) square feet of lot area be provided per resident; 2. The parking group requirements can be met - [4]; 3. Signs shall not be permitted except for nameplates. Hospice; provided, that: 1. The parking group requirements can be met - [2]; 2. Signs shall not be permitted. Housing for the elderly and persons with disabilities; provided, that: 1. The parking group requirements can be met - [3]. Individual zero lot line detached dwellings; provided, that: 1. The adjoining property owner, on the zero lot line side, agrees to the property line location and to providing a five foot (5') maintenance easement prior to board review; and 2. The roof overhang shall not extend across the property line; and 3. A minimum of six feet (6') can be maintained between homes and other structures. Licensed childcare center; provided, that: 1. All applicable state requirements have been met; 2. The parking group requirements can be met - [8]; 3. Such facility shall supply loading and unloading of children so as not to obstruct public streets, or create traffic or safety hazards; City of Dubuque 3-1 3-1 4. All licenses have been issued or have been applied for awaiting the outcome of the board's decision; and 5. Signage shall be limited to one nonilluminated, wall mounted sign not to exceed four (4) square feet in area. Mortuaries and funeral homes; provided, that: 1. A minimum lot size of twenty thousand (20,000) square feet shall be provided; 2. A minimum lot frontage of one hundred feet (100') shall be maintained; 3. The forty percent (40%) maximum lot coverage shall not be exceeded; 4. A site plan shall be provided showing the proposed layout of the buildings, parking area, drive aisles, and required screening and landscaping according to the site plan provisions of section 4-4 of this ordinance; 5. The parking group requirements can be met - [12]. Nursing or convalescent home; provided, that: 1. The minimum lot size for such use shall be forty thousand (40,000) square feet; 2. A minimum lot frontage of one hundred feet (100') shall be maintained; and 3. The parking group requirements can be met - [2]. Off premises residential garage; provided, that: 1. It is incidental and subordinate to a permitted residential use and located on a lot within three hundred feet (300') of the residential use it serves; 2. It is owned and maintained by the property owner within three hundred feet (300') of the residential use it serves; 3. Such use shall be designed, constructed and maintained in harmony with the residential setting in which it is located; City of Dubuque 3-1 3-1 4. No such use shall exceed seven hundred twenty (720) square feet of floor area per dwelling unit and a height of fifteen feet (15'); 5. No commercial storage, sales or home occupations shall be permitted within such structure; 6. No outside storage shall be permitted in conjunction with such use; 7. A site plan shall be submitted as provided for in section 4-4 of this ordinance. Off street parking of operable automobiles to serve a permitted or conditional use in an abutting office, commercial (except C-1 district), institutional or industrial district; provided, that: 1. No structure other than a screening or security fence or wall shall be erected on the premises; 2. Signage shall be limited to one freestanding sign of no more than six (6) square feet in size per drive opening, identifying the parking use, providing directions or marking entrances and exits thereto; 3. A site plan shall be submitted and approved as provided in chapter 4 of this ordinance. Rooming/boarding houses, maximum ten (10) roomers; provided, that: 1. The parking group requirements can be met - [4]; 2. The owner or manager of said use shall maintain a permanent residence on site. E. Temporary Uses: The following uses shall be permitted as temporary uses in the R-3 district: Building or trailer for storage of materials and/or equipment necessary for construction authorized by a valid building permit, provided the location of the building or trailer has been approved by the building official. City of Dubuque 3-1 F. Bulk Regulations: 3-1 R-3 District Bulk Regulations Lot Area In Sq. Ft. x 1,000 Lot Frontage In Ft. Coverage As % Lot Area Front Yard Setbacks Side Yard Setback Rear Yard Setback % Depth Building Height In Ft. Min. Max. Permitted uses: Church (see section 2-5.10) 20 100 40 20 20 20 20 Multi -family residential (max. 6 du) 3.2/du 50 40 20 4 20 30 Single-family residential 5 50 40 20 50 4 20 30 Townhouse (max. 6 du) 0.5/du 16/du 40 20 4/0 20 30 Two-family residential 5 50 40 20 50 4 20 30 Conditional uses: Group home 5 50 40 20 4 20 30 Hospice 5 50 40 20 4 20 30 Housing, elderly 20 100 40 20 20 20 30 Individual zero lot line 5 50 40 20 50 10/0 20 30 Mortuary, funeral home 20 100 40 20 20 20 30 Nursing home 20 100 40 20 20 20 30 Off premises residential garage 20 4 6' 15 Rooming and boarding house 5 50 40 20 4 20 30 G. Parking Requirements: See section 4-2 of this ordinance. H. Signs: See section 4-3 of this ordinance. 3-1.5. R-4 Multi -Family Residential District: A. General Purpose And Description: The R-4 district is intended to provide residential areas of moderate to high density developments. City of Dubuque 3-1 3-1 The R-4 district is usually located adjacent to a major street and serves as a buffer or transition between commercial development or heavy automobile traffic and medium density residential development. B. Principal Permitted Uses: The following uses shall be permitted in the R-4 district: Cemeteries, mausoleums and columbariums - [47]. Churches, convents and monasteries - [7]. Multi -family dwellings (3 to 12 units per buildings) - [9]. Noncommercial nurseries and gardens - [n/a]. Public and private/parochial schools approved by Iowa state board of public instruction (K - 12) - [10]. Public or private parks, golf courses, or similar natural recreation areas - [47]. Railroads and public or quasi -public utilities including substations - [47]. Rooming/boarding house (maximum 10 roomers) - [4]. Townhouses (3 to 12 units laterally attached) - [9]. C. Accessory Uses: The following uses shall be permitted as accessory uses as provided in chapter 4 of this ordinance: Attached garages. Childcare. Detached garages. Fences. Garage sales or rummage sales; provided, that not more than three (3) such sales shall be allowed per premises per calendar year and not more than three (3) consecutive days per sale. Home occupations. City of Dubuque 3-1 3-1 Noncommercial gardens and nurseries. Noncommercial greenhouses. Off street parking and storage of vehicles. Readily movable sports, recreation, or outdoor cooking equipment. Satellite receiving dishes. Solar collectors. Storage buildings. Tennis courts, swimming pools and similar permanent facilities. Wind generators. D. Conditional Uses: The following conditional uses are permitted in the R-4 district, subject to the provisions of chapter 5 of this ordinance and are the minimum requirements for application to the board of adjustment for a conditional use permit: Bed and breakfast inn; provided, that: 1. The structure is either regulated by the historic preservation ordinance or is listed on the National Register of Historic Places; 2. The property has a full time resident owner or resident manager; 3. The structure has a minimum total floor area of four thousand five hundred (4,500) square feet, with not more than one sleeping room for each seven hundred fifty (750) square feet of floor area, with a maximum of nine (9) sleeping rooms; 4. Signage shall be limited to one wall mounted, projecting sign with not more than a forty inch (40") projection, or freestanding sign, per street frontage not to exceed six (6) square feet in area, not internally illuminated, and with direct lighting only with sharp cutoff luminance; City of Dubuque 3-1 3-1 5. The permit shall not license the property for rental as a private club, museum, or tour home unless approved by the board; and 6. Parking shall be provided at a rate of one space per guestroom. The parking shall be provided on site or on a street frontage of the property, and should not intensify parking problems in the neighborhood. Group homes; provided, that: 1. Not less than six hundred fifty (650) square feet of lot area be provided per resident; 2. The parking group requirement can be met - [4]; 3. Signs shall not be permitted except for nameplates. Hospice; provided, that: 1. The parking group requirements can be met - [2]; 2. Signs shall not be permitted. Housing for the elderly and persons with disabilities; provided, that: 1. The parking group requirement can be met - [3]. Licensed childcare center; provided, that: 1. All applicable state requirements have been met; 2. The parking group requirements can be met - [8]; 3. Such facility shall supply loading and unloading of children so as not to obstruct public streets, or create traffic or safety hazards; 4. All licenses have been issued or have been applied for awaiting the outcome of the board's decision; and 5. Signage shall be limited to one nonilluminated, wall mounted sign not to exceed four (4) square feet in area. City of Dubuque 3-1 3-1 Mortuaries and funeral homes; provided, that: 1. A minimum lot size of twenty thousand (20,000) square feet shall be provided; 2. A minimum lot frontage of one hundred feet (100') shall be maintained; 3. The forty percent (40%) maximum lot coverage shall not be exceeded; 4. A site plan shall be provided showing the proposed layout of the buildings, parking area, drive aisles, and required screening and landscaping according to the site plan provi- sions of section 4-4 of this ordinance; 5. The parking group requirements can be met - [12]. Nursing or convalescent home; provided, that: 1. The minimum lot size for such use shall be forty thousand (40,000) square feet; 2. A minimum lot frontage of one hundred feet (100') shall be maintained; and 3. The parking group requirements can be met - [2]. Off premises residential garage; provided, that: 1. It is incidental and subordinate to a permitted residential use and located on a lot within three hundred feet (300') of the residential use it serves; 2. It is owned and maintained by the property owner within three hundred feet (300') of the residential use it serves; 3. Such use shall be designed, constructed and maintained in harmony with the residential setting in which it is located; 4. No such use shall exceed seven hundred twenty (720) square feet of floor area per dwelling unit and a height of fifteen feet (15'); City of Dubuque 3-1 3-1 5. No commercial storage, sales or home occupations shall be permitted within such structure; 6. No outside storage shall be permitted in conjunction with such use; 7. A site plan shall be submitted as provided for in section 4-4 of this ordinance. Off street parking of operable automobiles to serve a permitted or conditional use in an abutting office, commercial (except C-1 district), institutional, or industrial district; provided, that: 1. No structure other than a screening or security fence or wall shall be erected on the premises; 2. Signage shall be limited to one freestanding sign of no more than six (6) square feet in size per drive opening, identifying the parking use, providing directions or marking entrances and exits thereto; 3. A site plan shall be submitted and approved as provided in chapter 4 of this ordinance. E. Temporary Uses: The following uses shall be permitted as temporary uses in the R-4 district: Building or trailer for storage of materials and/or equipment necessary for construction authorized by a valid building permit, provided the location of the building or trailer has been approved by the building official. F. Bulk Regulations: R-4 District Bulk Regulations Lot Area In Sq. Ft. x 1,000 Lot Frontage In Ft. Coverage As % Lot Area Front Yard Setbacks Side Yard Setback Rear Yard Setback % Depth Building Height In Ft. Min. Max. Permitted uses: Church (see section 2-5.10 of this ordinance) 20 100 40 20 201 20 40 City of Dubuque 3-1 3-1 R-4 District Bulk Regulations Lot Area In Sq. Ft. x 1,000 Lot Frontage In Ft. Coverage As % Lot Area Front Yard Setbacks Side Yard Setback Rear Yard Setback % Depth Building Height In Ft. Min. Max. Multi -family residential (max. 12 du) 2/du 50 40 20 3' 20 40 Rooming and boarding house 5 50 40 20 3' 20 40 Townhouse (max. 12 du) 2/du 16/du 40 20 3/0' 20 40 Conditional uses: Group home 5 50 40 20 3' 20 40 Hospice 5 50 40 20 3' 20 40 Housing, elderly 20 100 40 20 20 20 40 Mortuary, funeral home 20 100 40 20 20 20 40 Nursery school/ daycare 5 50 40 20 31 20 40 Nursing home 20 100 40 20 20 20 40 Off premises residential garage 10 3 6' 15 Note: 1. Plus 1 additional foot per floor above the second floor. G. Parking Requirements: See section 4-2 of this ordinance. H. Signs: See section 4-3 of this ordinance. (Ord. 13-85, 3-18-1985; Ord. 25-86, § 1, 4-7-1986; Ord. 23-90, §§ 12-16, 19, 3-19-1990; Ord. 26-90, § 1, 3-19-1990; Ord. 70-90, § 1(a) -(g), 9-4-1990; Ord. 8-91, § 1, 2-4-1991; Ord. 34-91, §§ 2, 3, 5-6-1991; Ord. 40-91, §§ 1-5, 5-20-1991; Ord. 69-91, §§ 1, 2, 9-3-1991; Ord. 61-92, § 1, 8-3-1992; Ord. 12-93, § 2, 3-15-1993; Ord. 36-01, § 1, 6-18-2001; Ord. 8-02, § 1, 2-18-2002; Ord. 19-02, § 1, 3-18-2002; Ord. 78-06, § 1, 12-18-2006; Ord. 81-06, §§ 1, 2, 3, 4, 5, 12-18-2006) City of Dubuque 3-2 3-2 3-2: OFFICE DISTRICTS': 3-2.1. OR Office/High Density Multi -Family Residential District: A. General Purpose And Description: The office/high density multi- family residential district is intended to encourage and permit a mixture of compatible office uses with high density multi -family uses in the existing built city. The OR district is not intended to have any application in undeveloped or newly developing areas of the city or on land made vacant through intentional demolition. This district should serve as a transition zone between commercial and single - and two-family residential areas through the adaptive reuse of existing building stock, which will normally be residential in character. Development standards should remain flexible to allow conservation and reuse of existing buildings. This district should generally be located in areas abutting arterial and/or collector streets which are, because of location and trends, suitable for development of low intensity office uses, and high intensity residential uses. B. Principal Permitted Uses: The following uses shall be permitted in the OR district: Artist studio - [5]. Churches, convents, and monasteries - [7]. General offices - [14]. Housing for the elderly and persons with disabilities - [3]. Mortuaries and funeral homes - [12]. Multi -family dwellings - [9]. Noncommercial art galleries, museums and libraries - [13]. Nursing or convalescent homes - [2]. One- and two-family dwelling units within existing structures only - [9] 1. Numbers in brackets throughout this chapter, e.g., [11], refer to parking groups listed in section 4-2/ of this ordinance. City of Dubuque 3-2 3-2 Personal services - [14]. Public and private/parochial schools approved by Iowa state board of public instruction (K - 12) - [10]. Railroads and public or quasi -public utilities including substations [47]. Rooming/boarding houses - [4]. Schools of private instruction - [4]. Townhouses (3 or more laterally attached units) - [9]. C. Accessory Uses: The following uses shall be permitted as accessory uses as provided in chapter 4 of this ordinance: Attached garages. Childcare. Detached garages. Fences. Garage sales or rummage sales; provided, that not more than three (3) such sales shall be allowed per premises per calendar year and not more than three (3) consecutive days per sale. Greenhouses. Home occupations. Noncommercial gardens and nurseries. Off street parking and storage of vehicles. Readily movable sports, recreation, or outdoor cooking equipment. Satellite receiving dishes. Solar collectors. Storage buildings. City of Dubuque 3-2 3-2 Tennis courts, swimming pools and similar permanent facilities. Wind generators. D. Conditional Uses: The following conditional uses are permitted in the OR district, subject to the provisions of chapter 5 of this ordinance and are the minimum requirements for application to the board of adjustment for a conditional use permit: Barber and beauty shops; provided, that: 1. Parking group requirements can be met - [16]. Bed and breakfast inn; provided, that: 1. The structure is either regulated by the historic preservation ordinance or is listed on the National Register of Historic Places; 2. The property has a full time resident owner or resident manager; 3. The structure has a minimum total floor area of four thousand five hundred (4,500) square feet, with not more than one sleeping room for each seven hundred fifty (750) square feet of floor area, with a maximum of nine (9) sleeping rooms; 4. Signage shall be limited to one wall mounted, projecting sign with not more than a forty inch (40") projecting or freestanding sign, per street frontage not to exceed eight (8) square feet in area, not internally illuminated, and with direct lighting only with sharp cutoff luminance; 5. The permit shall not license the property for rental as a private club, museum, or tour home unless approved by the board; and 6. Parking shall be provided at a rate of one space per guestroom. The parking shall be provided on site or on a street frontage of the property, and should not intensify parking problems in the neighborhood. City of Dubuque 3-2 3-2 Group homes; provided, that: 1. Not less than six hundred fifty (650) square feet of lot area be provided per resident; 2. The parking group requirements can be met - [4]. Hospice; provided, that: 1. The parking group requirements can be met - [2]. Licensed childcare center; provided, that: 1. All applicable state requirements have been met; 2. The parking group requirements can be met - [8]; 3. Such facility shall supply loading and unloading of children so as not to obstruct public streets, or create traffic or safety hazards; 4. All licenses have been issued or have been applied for awaiting the outcome of the board's decision; and 5. Signage shall be limited to one nonilluminated, wall mounted sign not to exceed four (4) square feet in area. Off premises residential garages; provided, that: 1. It is incidental and subordinate to a permitted residential use and located on a lot within three hundred feet (300') of the residential use it serves; 2. It is owned and maintained by the property owner within three hundred feet (300') of the residential use it serves; 3. Such use shall be designed, constructed and maintained in harmony with the residential setting in which it is located; 4. No such use shall exceed seven hundred twenty (720) square feet of floor area per dwelling unit and a height of fifteen feet (15'); 5. No commercial storage, sales or home occupations shall be permitted within such structure; City of Dubuque 3-2 3-2 6. No outside storage shall be permitted in conjunction with such use; 7. A site plan shall be submitted as provided for in section 4-4 of this ordinance. Off street parking of operable automobiles to serve a permitted or conditional use in an abutting office, commercial (except C-1 district), institutional, or industrial district; provided, that: 1. No structure other than a screening or security fence or wall shall be erected on the premises; 2. Signage shall be limited to one freestanding sign of no more than six (6) square feet in size per drive opening, identifying the parking use, providing directions or marking entrances and exits thereto; 3. A site plan shall be submitted and approved as provided in chapter 4 of this ordinance. Parking structures. Photographic studio provided that off street parking can be met [23]. Private clubs; provided, that: 1. The parking group requirements can be met - [20]. E. Temporary Uses: The following uses shall be permitted as temporary uses in the OR district: Building or trailer for storage of materials and/or equipment necessary for construction authorized by a valid building permit, provided the location of the building or trailer has been approved by the building official. (see following page) City of Dubuque 3-2 F. Bulk Regulations: 3-2 OR District Bulk Regulations Lot Area In Sq. Ft. x 1,000 Lot Frontage In Ft. Coverage As % Lot Area Front Yard Setbacks Side Yard Setback Rear Yard Setback % Depth Building Height In Ft. Min. Max. Permitted uses: Artist studio 50 20 3* 20 40 Church (see section 2-5.10) 20 100 50 20 10 20 40 General offices 50 20 3* 20 40 Housing, elderly 10 3*t 20 40 Mortuaries and funeral homes 50 20 3*t 20 40 Museum, library 60 20 3*t 20 40 Noncommercial art galleries 50 20 3*t 20 40 Nursing/ convalescent home 10 100 50 20 3*t 20 40 Rooming and boarding house 5 50 50 20 3* 20 40 School of private instruction 50 20 3* 20 40 3+ family resi- dential 1.2/du 50 50 20 3* 20 40 Townhouse (3+ lateral attached) 1.2/du 16/du 50 20 0/3* 20 40 Conditional uses: Barber/beauty shop 50 20 20* 20 40 Bed and breakfast homes 20 Group daycare center 50 20 20* 20 40 Group homes 5 50 50 20* 20 40 City of Dubuque 3-2 3-2 OR District Bulk Regulations Lot Area In Sq. Ft. x 1,000 Lot Frontage In Ft. Coverage As % Lot Area Front Yard Setbacks Side Yard Setback Rear Yard Setback % Depth Building Height In Ft. Min. Max. Hospice 5 50 50 20 20* 20 40 Off premises residential garage 50 20 20 6' 15 Parking structure 50 20 20 6' 40 Photographic studio 50 20 20" 20 40 Private club 50 20 20* 20 40 Notes: " Plus 1 additional foot per floor above the second floor. t Except where abutting a residential district, then 6 foot side yard setback required. G. Parking Requirements: See section 4-2 of this ordinance. H. Signs: See section 4-3 of this ordinance. 3-2.2. OS Office/Service District: A. General Purpose And Description: The office/service district is intended to encourage and permit professional office uses in newly developing areas of the city. This development is expected to occur on vacant land or on a redevelopment site which, by virtue of an area's changing character, use or distressed condition, warrants reinvestment, renewal and reuse. This district may be used as a transition zone between commercial areas along major streets or between commercial uses and residential areas in areas abutting arterial and/or collector streets which are, because of location and trends, suitable for office development. As a transition zone, devel- opment standards should buffer this type of development from resi- dential uses to lessen the possible impact and intensity of office development. B. Principal Permitted Uses: The following uses shall be permitted in the OS district: Artist studios - [5]. City of Dubuque 3-2 3-2 Barber/beauty shop - [16]. Dental and medical labs - [8]. General offices - (14]. Medical offices/clinics, less than five thousand (5,000) square feet - [36]. Personal services - [14]. Railroads, public/quasi-public utilities - [47]. Residential uses above the first floor only - [6]. Schools of private instruction - [4]. C. Accessory Uses: The following uses shall be permitted as accessory uses as provided in chapter 4 of this ordinance: Any use customarily incidental and subordinate to the principal use it serves. D. Conditional Uses: The following conditional uses are permitted in the OS district, subject to the provisions of chapter 5 of this ordinance and are the minimum requirements for application to the board of adjustment for a conditional use permit: Licensed childcare center; provided, that: 1. All applicable state requirements have been met; 2. The parking group requirements can be met - [8]; 3. Such facility shall supply loading and unloading of children so as not to obstruct public streets, or create traffic or safety hazards; 4. All licenses have been issued or have been applied for awaiting the outcome of the board's decision; and 5. Signage shall be limited to one nonilluminated, wall mounted sign not to exceed four (4) square feet in area. City of Dubuque 3-2 3-2 Off street parking of operable automobiles to serve a permitted or conditional use in an abutting office residential, commercial (except C-1 district), institutional, or industrial district; provided, that: 1. No structure other than a screening or security fence or wall shall be erected on the premises; 2. Signage shall be limited to one freestanding sign of no more than six (6) square feet in size per drive opening, identifying the parking use, providing directions or marking entrances and exits thereto; 3. A site plan shall be submitted and approved as provided in chapter 4 of this ordinance. Parking structures. Private clubs; provided, that: 1. The parking group requirements can be met - [20]. E. Temporary Uses: The following uses shall be permitted as temporary uses in the OS district: Building or trailer for storage of materials and/or equipment necessary for construction authorized by a valid building permit, provided the location of the building or trailer has been approved by the building official. F. Bulk Regulations: OS District Bulk Regulations Lot Area In Sq. Ft. x 1,000 Lot Frontage In Ft. Coverage As % Lot Area Front Yard Setbacks Side Yard Setback Rear Yard Setback % Depth Building Height In Ft. Min. Max. All permitted uses: 0 0 0 75 Group daycare center 3.5 50 50 All other conditional uses 10 0 0 75 Notes: Minimum 20 feet for garages facing the street. Except where abutting a residential or office residential district, then 6 foot side yard and 20 percent lot depth rear yard setbacks required. City of Dubuque 3-2 3-2 G. Parking Requirements: See section 4-2 of this ordinance. H. Signs: See section 4-3 of this ordinance. 3-2.3. OC Office Commercial District: A. General Purpose And Description: The office commercial district is intended to encourage and permit the establishment of commercial business uses in mixed use specialty areas. This district is intended to be located in areas which have developed, or are appropriate to develop, as limited retail districts. This district is also intended to be located in areas adjacent to established commercial districts, in historic and/or architecturally significant areas where the adaptive reuse of existing buildings is encouraged, in areas of particular tourist interest and along arterial and/or collector streets which are suitable for more intensive commercial development. B. Principal Permitted Uses: The following uses shall be permitted in the OC district: Antique shops - [27]. Artist studio - [5]. Bakeries (retail only) - (19]. Barber/beauty shops - [16]. Bicycle shops (sales/rental) - [17]. Book/stationery stores - [17]. Camera/photo supply stores - [17]. Churches, convents and monasteries - [7]. Clothing/accessory stores - [17]. Commercial art galleries - [17]. Confectioneries - [19]. Flower shops - [17]. Furniture/home furnishings - [27]. City of Dubuque 3-2 3-2 General offices - [14]. Gift/souvenir shops - [17]. Jewelry stores - [17]. Multi -family dwelling units within existing structures only - [9]. Noncommercial art galleries, museums and libraries - [13]. One- and two-family dwelling units within existing structures only - [9] Photographic studios - [23]. Schools of private instruction - [4]. Sewing/fabric stores - [17]. Shoe stores - [17]. Sporting goods (sales/rental) - [17]. Toy -hobby shops - [17]. Any other specialty retail use of a similar nature and intensity, as determined by the city planner. C. Accessory Uses: The following uses shall be permitted as accessory uses as provided in chapter 4 of this ordinance: Attached garages. Detached garages. Fences. Garage sales or rummage sales; provided, that not more than three (3) such sales shall be allowed per premises per calendar year and not more than three (3) consecutive days per sale. Home occupations. Noncommercial gardens and nurseries. Noncommercial greenhouses. City of Dubuque 3-2 3-2 Off street parking of vehicles. Readily movable sports, recreation or outdoor cooking equipment. Satellite receiving dishes. Solar collectors. Storage buildings. Tennis courts, swimming pools and similar permanent facilities. Wind generators. D. Conditional Uses: The following conditional uses shall be permitted in the OC district subject to the provisions of chapter 5 of this ordinance: Bar/tavern; provided, that: 1. The parking group requirements can be met - [20]; 2. A maximum area of two thousand two hundred (2,200) square feet in gross floor area shall not be exceeded; 3. Any outdoor seating shall be accessory to the indoor operation; 4. Opaque screening shall be provided for adjacent first floor residential uses in conformance with the site plan review provisions of sections 4-4 and 4-5 of this ordinance. Bed and breakfast inn; provided, that: 1. The structure is either regulated by the historic preserva- tion ordinance or is listed on the National Register of Historic Places; 2. The property has a full time resident owner or resident manager; 3. The structure has a minimum total floor area of four thousand five hundred (4,500) square feet, with not more than one sleeping room for each seven hundred fifty (750) square feet of floor area to a maximum of nine (9) sleeping rooms; City of Dubuque 3-2 3-2 4. Signage shall be limited to one wall mounted, projecting sign with not more than a forty inch (40") projecting or freestanding sign, per street frontage not to exceed eight (8) square feet in area, not internally illuminated, and with direct lighting only with sharp cut off luminance; 5. The permit shall not license the property for rental as a private club, museum, or tour home unless approved by the board; and 6. Parking shall be provided at a rate of one space per guest - room. The parking shall be provided on site or on a street frontage of the property, and should not intensify parking problems in the neighborhood. Licensed childcare center; provided, that: 1. All applicable state requirements have been met; 2. The parking group requirements can be met - [8]; 3. Such facility shall supply loading and unloading of children so as not to obstruct public streets, or create traffic or safety hazards; 4. All licenses have been issued or have been applied for awaiting the outcome of the board's decision; and 5. Signage shall be limited to one nonilluminated, wall mounted sign not to exceed four (4) square feet in area. Off street parking of operable automobiles to serve a permitted or conditional use in this district; provided, that: 1. No structure other than a screening or security fence or wall shall be erected on the premises; 2. Signage shall be limited to one freestanding sign of no more than eight (8) square feet in size per drive opening, identifying the parking use, providing directions or marking entrances and exits thereto; and 3. A site plan shall be submitted and approved as provided in section 4-4 of this ordinance. City of Dubuque 3-2 3-2 Parking structures. Private clubs; provided, that: 1. The parking group requirements can be met - [20]. Restaurant; provided, that: 1. The parking group requirements can be met - [20]; 2. Carryout items shall not be dispensed through any drive- through or walk-up window; 3. Any outdoor seating shall be accessory to the indoor operation; 4. Opaque screening shall be provided for adjacent first floor residential uses in conformance with the site plan review provisions of sections 4-4 and 4-5 of this ordinance. E. Temporary Uses: The following uses shall be permitted as temporary uses in the OC district: Building or trailer for storage of materials and/or equipment necessary for construction authorized by a valid building permit, provided the location of the building or trailer has been approved by the building official. F. Bulk Regulations: OC District Bulk Regulations Lot Area In Sq. Ft. x 1,000 Lot Frontage In Ft. Lot Coverage As % Lot Area Required Front Yard Setback (In Ft.) Required Side Yard Setback (Ft.) Required Rear Yard Setback % Depth Building Height In Ft. Permitted uses: Church 20 100 50 10 101- 20t 40t 3+ family residential 1.2/du 50 10 3* 20 40 All other permitted uses 50 10 3* 20 40 City of Dubuque 3-2 3-3 OC District Bulk Regulations Lot Area In Sq. Ft. x 1,000 Lot Frontage In Ft. Lot Coverage As % Lot Area Required Front Yard Setback (In Ft.) Required Side Yard Setback (Ft.) Required Rear Yard Setback % Depth Building Height In Ft. Conditional uses: Bed and breakfast inn Off street parking lot Parking structure 10 3 (3') 40 All other conditional uses 50 10 3* 20 40 Notes: * = Plus 1 additional foot per floor above the second floor. t = Plus 1 additional foot of setback for every foot in height above 40 feet with no part to exceed 75 feet in height. G. Parking Requirements: See section 4-2 of this ordinance; except that a twenty five percent (25%) reduction shall be allowed in the OC district for both permitted and conditional uses. H. Signs: Signs shall meet the requirements of the OR office residential district as provided in section 4-3 of this ordinance. (Ord. 13-85, 3-18-1985; Ord. 24-85, § 1, 5-20-1985; Ord. 26-86, § 4, 4-7-1986; Ord. 24-88, § 1, 5-2-1988; Ord. 23-90, §§ 17, 18, 3-19-1990; Ord. 8-91, § 1, 2-4-1991; Ord. 34-91, §§ 2, 3, 5-6-1991; Ord. 40-91, § 6, 5-20-1991; Ord. 47-91, § 1, 6-3-1991; Ord. 69-91, §§ 3, 4, 9-3-1991; Ord. 61-92, § 1, 8-3-1992; Ord. 78-06, § 1, 12-18-2006; Ord. 81-06, §§ 6, 7, 8, 12-18-2006) 3-3: COMMERCIAL DISTRICTS': 3-3.1. C-1 Neighborhood Commercial District: A. General Purpose And Description: The C-1 district is intended to provide individual parcels for commercial and residential uses in older buildings in the city's established neighborhoods, while 1. Numbers in brackets throughout this chapter, e.g., [11], refer to parking groups listed in section 4-2.7 of this ordinance. City of Dubuque 3-3 3-3 maintaining neighborhood character and fostering opportunities for affordable housing. The C-1 district is not intended to be an expandable district but one that is established on a very limited basis. Larger neighborhood commercial districts are to be estab- lished under the C-2 district classification as neighborhood shopping center districts. B. Principal Permitted Uses: The following uses shall be permitted in the C-1 district: Bakery (retail only) - [19]. Barber/beauty shop - [16]. Bicycle shop (sales/rental) - [17]. Book/stationery store - [17]. Business services - [29]. Camera/photo supply store - [17]. Flower/garden store/commercial greenhouse - [17]. General offices - [14]. Grocery store/drugstore (maximum 3,500 square feet) - [17]. Laundromat - [22]. Multi -family dwelling (maximum 6 dwelling units) - [9]. Personal services - [14]. Photographic studio - [23]. Railroads and public or quasi -public utilities including substations [47]. Schools of private instruction - [4]. Sewing/fabric store - [17]. Shoe repair - [18]. Single-family detached dwellings - [11]. City of Dubuque 3-3 3-3 Sporting goods (sales/rental) - [17]. Townhouses (maximum 6 dwelling units) - [11]. Toy -hobby shops - [17]. Two-family dwelling (duplex) - [11]. C. Prohibited Uses: The following uses shall be prohibited: Auto sales/service/repair/body shop. Auto service station. Bar/tavern. D. Accessory Uses: The following uses shall be permitted as accessory uses as provided in chapter 4 of this ordinance: Any use customarily incidental and subordinate to the principal use it serves. E. Conditional Uses: The following conditional uses are permitted in the C-1 district, subject to the provisions of chapter 5 of this ordinance and are the minimum requirements for application to the board of adjustment for a conditional use permit: Gas stations (not including service stations); provided, that: 1. The parking group requirements can be met - [20]. Indoor restaurant; provided, that: 1. The parking group requirements can be met - [20]. Medical office; provided, that: 1. Maximum of two (2) health practitioners as defined in chapter 8 of this ordinance; 2. Maximum of two thousand five hundred (2,500) square feet of floor area; and 3. Bulk regulations and parking requirements can be met - [36]. City of Dubuque 3-3 3-3 Similar and compatible retail and service oriented uses as determined by the zoning board of adjustment, provided the use would be in an existing public, quasi -public, institutional, commercial, office or industrial building - [47]. F. Temporary Uses: The following uses shall be permitted as temporary uses in the C-1 district: None at this time. G. Bulk Regulations: Front yard setback Side yard setback Rear yard setback Building height 10 feet (20 feet for garages facing street) 0 feet' 0 percent lot depth' 30 feet Note: 1. Except where abutting a residential or office residential district, then 6 foot side yard and 20 percent lot depth rear yard setbacks required. H. Parking Requirements: See section 4-2 of this ordinance. Sign Regulations: See section 4-3 of this ordinance. J. Standards For Nonresidential Uses: The following standards shall apply to all nonresidential permitted and conditional uses in the C-1 district: 1. The use shall be established in an existing structure that was designed for public, quasi -public, commercial, office, institutional, or industrial use. 2. The structure was never converted to a residential use after the effective date of this section. 3. The use shall be conducted entirely within the structure. 4. There shall be no outdoor storage of equipment or materials on the property or adjacent public right of way. 5. All vehicles in excess of two (2), used in conjunction with the use shall be stored within a building when they remain on the property City of Dubuque 3-3 3-3 overnight or during periods of nonuse, unless an alternate parking location is provided in a properly zoned area. 6. No mechanical, electrical, or other equipment which produces electrical or magnetic interference, vibration, heat, glare, odor, noise or other nuisances shall occur outside the structure which houses the use. 3-3.2. C-2 Neighborhood Shopping Center District: A. General Purpose And Description: The C-2 district is intended to provide small commercial centers serving small clusters of neighborhoods. The C-2 district will be carefully placed to ensure that the size of the commercial center, the nature of uses permitted and the locational characteristics are such that the grouping of such uses will not adversely affect surrounding residences and do not detract from the residential purpose and character of the surrounding neighborhoods. The C-2 district shall be located in neighborhoods where parking and traffic can be adequately handled, and the square footage, hours of operation and intensity of uses are compatible with the neighborhoods. B. Principal Permitted Uses: The following uses shall be permitted in the C-2 district: Appliance sales/service - [27]. Artist studio - [5]. Automated gas station - [18]. Barber/beauty shops - [16]. Business services - [29]. Catalog center - [23]. Dental/medical lab - [8]. Furniture/home furnishings - [27]. Furniture upholstery/repair - [18]. Gas station - [18]. General offices - [14]. City of Dubuque 3-3 3-3 Indoor restaurant - [20]. Laundromat - [22]. Laundry/dry cleaner - [19]. Neighborhood shopping center - [17]. Personal services - [14]. Photographic studio - [23]. Railroads and public or quasi -public utilities including substations [47]. Residential uses above the first floor only - [6]. Retail sales/service - [17]. Schools of private instruction - [4]. Shoe repair - [18]. Tailoring/alterations - [18]. C. Accessory Uses: The following uses shall be permitted as accessory uses as provided in chapter 4 of this ordinance: Any use customarily incidental and subordinate to the principal use it serves. D. Conditional Uses: The following conditional uses are permitted in the C-2 district, subject to the provisions of chapter 5 of this ordinance and are the minimum requirements for application to the board of adjustment for a conditional use permit: Animal hospital/clinic; provided, that: 1. All operations and activities shall be conducted and maintained within a completely enclosed building; and 2. The parking group requirements can be met - [23]. Banks, savings and loans, and credit unions; provided, that: The parking group requirements can be met - [31]. City of Dubuque 3-3 3-3 Drive-in/carryout restaurant; provided, that: 1. Opaque screening shall be provided for adjacent residential uses as required under the site plan review provisions of section 4-4 of this ordinance; and 2. The parking group requirements can be met - [28]. Drive -up automated teller; provided, that: 1. Ingress, egress and traffic flow shall be acceptable to the city site plan review team; 2. Opaque screening shall be provided for adjacent residential uses in conformance with the site plan review provisions of section 4-4 of this ordinance; and 3. The parking group requirements can be met - [8]. Licensed childcare center; provided, that: 1. All applicable state requirements have been met; 2. The parking group requirements can be met - [8]; 3. Such facility shall supply loading and unloading of children so as not to obstruct public streets, or create traffic or safety hazards; 4. All licenses have been issued or have been applied for awaiting the outcome of the board's decision; and 5. Signage shall be limited to one nonilluminated, wall mounted sign not to exceed four (4) square feet in area. Medical offices; provided, that: 1. The parking group requirements can be met - [36]. Passenger transfer facilities: 1. Such facility shall provide for the loading and unloading of passengers so as not to obstruct public streets or alleys or create traffic or safety hazards; City of Dubuque 3-3 3-3 2. That adequate indoor waiting area is provided; 3. That the parking group requirements can be met [19]. Self-service car wash; provided, that: 1. A minimum of three (3) stacking spaces per bay be provided; and 2. Ingress, egress traffic flow shall be acceptable to the city site plan review team; and 3. Opaque screening shall be provided for adjacent residential uses in conformance with the site plan review provisions of section 4-4 of this ordinance; and 4. The parking group requirements can be met - [8]. E. Temporary Uses: The following uses shall be permitted temporary uses in the C-2 district: Any use listed as a permitted use within the district of a limited duration as established in section 2-5.3 of this ordinance and as defined in chapter 8 of this ordinance. Building or trailer for storage of materials and/or equipment necessary for construction authorized by a valid building permit, provided the location of the building or trailer has been approved by the building official. F. Bulk Regulations: Front yard setback Side yard setback Rear yard setback Building height 10 feet (20 feet for garages facing street) 0 feet' 0 percent lot depth' 30 feet Note: 1. Except where abutting a residential or office residential district, then 6 foot side yard and 20 percent lot depth rear yard setbacks required. City of Dubuque 3-3 3-3 G. Parking Requirements: See section 4-2 of this ordinance. H. Signs: See section 4-3 of this ordinance. 3-3.3. C-3 General Commercial District: A. General Purpose And Description: The C-3 district is intended to provide commercial uses which are designed to serve the motoring public or uses requiring highway or arterial locations for their most beneficial operation and which cannot be more appropriately located in other commercial districts. B. Principal Permitted Uses: The following uses shall be permitted in the C-3 district: Agricultural supply sales - [19]. Animal hospital/clinic - [23]. Appliance sales/service - [27]. Artist studio - [5]. Auditoriums/assembly halls - [20]. Auto repair/body shop - [35]. Auto sales/service - [38]. Auto service centers (TBA) - [34]. Automated gas station - [18]. Bakery (wholesale/commercial) - [19]. Banks/savings and loans, and credit unions - [31]. Bar/tavern - [20]. Barber/beauty shops - [16]. Boat sales and service - [40]. Business services - [29]. City of Dubuque 3-3 3-3 Catalog center - [23]. Construction supply sales and service - [19]. Contractor shop/yard - [33] Dental/medical lab - [8]. Department stores/sixty thousand (60,000) square feet maximum [17]. Drive-in/carryout restaurant - [28]. Drive -up automated bank teller - [8]. Farm implement sales and service - [39]. Full service car wash - [8]. Furniture/home furnishing - [27]. Furniture upholstery/repair - [18]. Gas station - [18]. General offices - [14]. Hotels - [30]. Indoor amusement center - [23]. Indoor recreation facilities - [37]. Indoor restaurant - [20]. Indoor theater - [48]. Laundromat - [22]. Laundry/dry cleaner - [19]. Local shopping center - [17]. Lumberyards/building materials sales - [19]. City of Dubuque 3-3 3-3 Mail order houses - [23]. Medical office/clinic - [36]. Mobile home sales - [40]. Mortuary/funeral home - [6]. Motel - [24]. Motorcycle sales and service - [41]. Moving/storage facilities - [33]. Museum/library - [13]. Neighborhood shopping center - [17]. Parking structures - [n/a]. Personal services - [14]. Photographic studio - [23]. Printing/publishing - [32]. Private club - [20]. Railroads and public or quasi -public utilities including substations [47]. Recreational vehicles sales and service - [39]. Residential uses above the first floor only - [6]. Retail sales/service - [17]. Schools of private instruction - [4]. Self-service car wash - [8]. Service station - [21]. Shoe repair - [18]. City of Dubuque 3-3 3-3 Supermarket - [17]. Tailoring/alterations - [18]. Truck sales/service and repair - [39] Upholstery shop - [42]. Vehicle rental - [47]. Vending/game machine sales and service - [19]. Wholesale sales/distributor - [29]. C. Accessory Uses: The following uses shall be permitted as accessory uses as provided in chapter 4 of this ordinance: Any use customarily incidental and subordinate to the principal use it serves. D. Conditional Uses: The following conditional uses are permitted in the C-3 district, subject to the provisions of chapter 5 of this ordinance and are the minimum requirements for application to the board of adjustment for a conditional use permit: Licensed childcare center; provided, that: 1. All applicable state requirements have been met; 2. Such facility shall provide for the loading and unloading of children so as not to obstruct public streets or create traffic or safety hazards; 3. All licenses have been issued or have been applied for awaiting the outcome of the board's decision; 4. No group daycare center may be located within the same structure as any gas station, bar/tavern, automated gas station or any facility selling, servicing, repairing or renting vehicles; 5. The parking group requirements can be met - [8]; and City of Dubuque 3-3 3-3 6. Signage for a single-family home location shall be limited to one nonilluminated, wall mounted sign not to exceed four (4) square feet in area. Miniwarehouse facilities; provided, that: 1. The entire perimeter be enclosed by a security fence; 2. All outdoor lighting for the facility utilize cutoff luminaries; 3. All vehicle access and staging areas be paved; 4. Screening of at least six foot (6') in height shall be placed along the property line between the miniwarehouse facility and all adjacent residential property; 5. The parking group requirements can be met - [47]. Outdoor recreation/outdoor amusement center; provided, that: 1. Hours of operation shall be limited, eight o'clock (8:00) A.M. to twelve o'clock (12:00) midnight, unless further limited by the board of zoning adjustment; 2. The parking group requirements can be met - [37]. Passenger transfer facilities: 1. Such facility shall provide for the loading and unloading of passengers so as not to obstruct public streets or alleys or create traffic or safety hazards; 2. That adequate indoor waiting area is provided; 3. That the parking group requirements can be met [19]. E. Temporary Uses: The following uses shall be permitted as temporary uses in the C-3 district: Any use listed as a permitted use within the district of a limited duration as established in section 2-5.3 and as defined in chapter 8 of this ordinance. City of Dubuque 3-3 3-3 F. Bulk Regulations: Group daycare centers: Lot area Lot frontage Lot coverage 5,000 square feet 50 feet 50 percent of lot area All other permitted and conditional uses: Front yard setback Side yard setback Rear yard setback Building height 20 feet 0 feet' 0 percent lot depth' 40 feet Note: 1. Except where abutting a residential or office residential district, then 6 foot side yard and 20 percent lot depth rear yard setbacks required. G. Parking Requirements: See section 4-2 of this ordinance. H. Signs: See section 4-3 of this ordinance. 3-3.4. C-4 Downtown Commercial District: A. General Purpose And Description: The C-4 district is intended to accommodate the older commercial areas of the city by permitting a large variety of unrelated uses that developed prior to effective planning techniques. Such uses are characterized by older struc- tures, deficient traffic and parking patterns, and little open space or green area. The regulations for this district are designed to encourage the maintenance of existing uses and the private reinvest- ment and redevelopment of new commercial uses by providing a wide variety of uses and liberalize bulk, yard and parking require- ments. The C-4 district is not intended to have any application in undeveloped or newly developing areas of the city. B. Principal Permitted Uses: The following uses shall be permitted in the C-4 district: Agricultural supply sales - [19]. Animal hospital/clinic - [23]. City of Dubuque 3-3 3-3 Appliance sales/service - [27]. Artist studio - [5]. Auditoriums/assembly halls - [20]. Automated gas station - [18]. Bakery (wholesale/commercial) - [19]. Banks/savings and loans, and credit unions - [31]. Bar/tavern - [20]. Barber/beauty shops - [16]. Business/secretarial school - [45]. Business services - [29]. Catalog center - [23]. Churches, convents, and monasteries - [7]. Construction supplies sales and service - [19]. Contractor shop/yard - [33]. Dental/medical lab - [8]. Department stores/sixty thousand (60,000) square feet maximum [17]. Furniture/home furnishing - [27]. Furniture upholstery/repair - [18]. Gas station - [18]. General offices - [14]. Hotels - [30]. Housing for the elderly and persons with disabilities (not identified with residential uses above first floor only) - [3]. City of Dubuque 3-3 3-3 Indoor amusement center - [23]. Indoor recreation facilities - [37]. Indoor restaurant - [20]. Indoor theater - [48]. Laundromat - [22]. Laundry/drycleaner - [19]. Mail order houses - [23]. Medical office/clinic - [36]. Mortuaries/funeral home - [12]. Motel - [24]. Museum/libraries - [13]. Neighborhood shopping center - [23]. Noncommercial art galleries - [13]. Off street parking lot - [n/a]. Parking structures - [n/a]. Personal services - [14]. Photographic studio - [23]. Printing/publishing - [32]. Private clubs - [20]. Public and private/parochial schools approved by Iowa state board of public instruction (K - 12) - [10]. Public or private parks, golf courses, or similar natural recreation areas - [47]. City of Dubuque 3-3 3-3 Railroads and public or quasi -public utilities including substations [47]. Residential uses above the first floor only - [6]. Retail sales/service - [17]. Schools of private instruction - [4]. Service station - [21]. Shoe repair - [18]. Supermarket - [17]. Tailoring/alterations - [18]. Upholstery shop - [42]. Vending/game machine sales and service - [19]. Vocational school - [45]. Wholesale sales/distributor - [29]. C. Accessory Uses: The following uses shall be permitted as accessory uses as provided in chapter 4 of this ordinance: Any use customarily incidental and subordinate to the principal use it serves. D. Conditional Uses: The following conditional uses are permitted in the C-4 district, subject to the provisions of chapter 5 of this ordinance and are the minimum requirements for application to the board of adjustment for a conditional use permit: Auto repair/body shop; provided, that: 1. The parking group requirements can be met - [35]. Auto sales/service; provided, that: 1. The parking group requirements can be met - [38]. City of Dubuque 3-3 3-3 Auto service centers (TBA); provided, that: 1. The parking group requirements can be met - [34]. Boat sales and service; provided, that: 1. The parking group requirements can be met - [40]. Drive-in/carryout restaurant; provided, that: 1. The parking group requirements can be met - [28]. Drive -up automated bank teller; provided, that: 1. The parking group requirements can be met - [8]. Full service car wash; provided, that: 1. The parking group requirements can be met - [8]. Licensed childcare center; provided, that: 1. All applicable state requirements have been met; 2. Such facility shall provide for the loading and unloading of children so as not to obstruct public streets or create traffic or safety hazards; 3. All licenses have been issued or have been applied for awaiting the outcome of the board's decision; 4. No group daycare center may be located within the same structure as any gas station, bar/tavern, automated gas station or any facility selling, servicing, repairing or renting vehicles; 5. The parking group requirements can be met - [8]; and 6. Signage for a single-family home location shall be limited to one nonilluminated, wall mounted sign not to exceed four (4) square feet in area. Motorcycle sales and service; provided, that: 1. The parking group requirements can be met - [41]. City of Dubuque 3-3 3-3 Passenger transfer facilities: 1. Such facility shall provide for the loading and unloading of passengers so as not to obstruct public streets or alleys or create traffic or safety hazards; 2. That adequate indoor waiting area is provided; 3. That the parking group requirements can be met [19]. Recreational vehicles sales and service; provided, that: 1. The parking group requirements can be met - [38]. Self-service car wash; provided, that: 1. The parking group requirements can be met - [8]. Vehicle rental; provided, that: 1. The parking group requirements can be met - [47]. E. Temporary Uses: The following uses shall be permitted as temporary uses in the C-4 district: Any use listed as a permitted use within the district of a limited duration as established in section 2-5.3 and as defined in chapter 8 of this ordinance. (see following page) City of Dubuque Bulk Regulations: Cy) (1) LL 0)_ .0) LL. .__ CO 10 N. 10 N. 75 I 75 10 N. 10 N. 10 N. 1n N. "0 -2 Y 2 (i O —OL .5 >- 2 J Q 4) N N o o u C -H. 0 i -F 0 -1-1- 0 +i- 0 -H- 0 -H- 0 -H- 0 2 o o .- } Cr 4) u- 0 -0 N CC .c7) (!) O O O O 4C 0 4 0 s 0 Required Front Yard Setback (In FL) Street Classificationb 10 0 0 T 0 T 0 0 0 0 d 0 0 0 0 0 0 0 CO 0 0 0 0 0 T 0 T 0 T N 0 0 0 T 0 0 0 0 T O O 0 0 0 T 0 T. 0 T OO 0 J 0 J No N O N Q 0 < a) 0 . —J C O LL 2 i3 X00 Q Cn .� O_ O T J C-4 District Bulk Regulations Permitted uses: Residential use above first floor only All other permitted uses Conditional uses: Auto repair/body shop Auto sales/service Auto service center (TBA) Boat sales/service Drive-in/carryout restaurant Drive -up automated bank teller City of Dubuque 0) C_r — O O = i _ m 75 r` I` N r•••- N as 0 4O.0 CQJ 'Cl.O 0 cts N o 0 ri Cn -14 O O O N 0 O .5 › lTs a- 0 -LL 0 -0 Ci) `-' O x 0 O x 0 O Required Front Yard Setback (In Ft.) Street Classificationb 1.0 O T O O O O 1-- d. 71- O O T O O r O M O O O T O O N O O T O O O r 0 0 0 0 0 OO o J as J Q) o 2 0 < Q 50 0 CD . O t6 LL J CO C LL 50 O < a % O O C W r J M C-4 District Bulk Regulations IFull service car wash Group daycare center Motorcycle sales/ service Recreational vehicle sales/service Self-service car wash Vehicle rental = Cul-de-sac. 0- O Cls .O z3 ) N Q) .5 N A as ▪ N N co 0 Cif T a N O O N O O' O CO N N • 0 O 0 N a � Cts TES N • 0 7 7 0 ( N N N N U U O O O O City of Dubuque 3-3 3-3 G. Parking Requirements: See section 4-2 of this ordinance; except that a twenty five percent (25%) reduction shall be allowed in the C-4 district. H. Signs: See section 4-3 of this ordinance. 3-3.5. C-5 Central Business District: A. General Purpose And Description: The C-5 district is intended to be applied to a very limited downtown business core and the city's urban renewal area. The development within this business core shall be encouraged by permitting a wide variety of uses and very liberal bulk regulations and parking requirements. B. Principal Permitted Uses: The following uses shall be permitted in the C-5 district: Appliance sales/service - [27]. Artist studio - [5]. Auditoriums/assembly halls - [20]. Automated gas station - [18]. Banks/savings and loans, and credit unions - [31]. Bar/tavern - [20]. Barber/beauty shops - [16]. Business/secretarial school - [45]. Business services - [29]. Carryout restaurant (not including drive-in) - [28]. Catalog center - [23]. Convention center - [20]. Dental/medical lab - [8]. Department stores - [17]. City of Dubuque 3-3 3-3 Furniture/home furnishing - [27]. Gas station - [18]. General offices - [14]. Hotels - [30]. Housing for the elderly and persons with disabilities Indoor amusement center - [23]. Indoor recreation facilities - [37]. Indoor restaurant - [20]. Indoor theater - [48]. Laundry/dry cleaner - [19]. Medical office/clinic - [36]. Motel - [24]. Museum/libraries - [13]. Noncommercial art galleries - [13]. Parking structures - [n/a]. Personal services - [14]. Photographic studio - [23]. Printing/publishing - [32]. Private clubs - [20]. - [3]. Railroads and public or quasi -public utilities including substations [47]. Regional shopping center - [43]. Residential uses above the first floor only - [6]. City of Dubuque 3-3 3-3 Retail sales/service - [17]. Schools of private instruction - [4]. Service station - [21]. Shoe repair - [18]. Sports arenas - [26]. Supermarket - [17]. Tailoring/alterations - [18]. Vocational school - [45]. C. Accessory Uses: The following uses shall be permitted as accessory uses as provided in chapter 4 of this ordinance: Any use customarily incidental and subordinate to the principal use it serves. D. Conditional Uses: The following conditional uses are permitted in the C-5 district, subject to the provisions of chapter 5 of this ordinance and are the minimum requirements for application to the board of adjustment for a conditional use permit: Licensed childcare center; provided, that: 1. All applicable state requirements have been met; 2. Such facility shall provide for the loading and unloading of children so as not to obstruct public streets or create traffic or safety hazards; 3. All licenses have been issued or have been applied for awaiting the outcome of the board's decision; 4. No group daycare center may be located within the same structure as any gas station, bar/tavern, automated gas station or any facility selling, servicing, repairing or renting vehicles; City of Dubuque 3-3 3-3 5. Signage for a single-family home location shall be limited to one nonilluminated, wall mounted sign not to exceed four (4) square feet in area; and 6. The parking group requirements can be met - [8]. Passenger transfer facilities: 1. Such facility shall provide for the loading and unloading of passengers so as not to obstruct public streets or alleys or create traffic or safety hazards; 2. That adequate indoor waiting area is provided; 3. That the parking group requirements can be met [19]. E. Temporary Uses: The following uses shall be permitted as temporary uses in the C-5 district: Any use listed as a permitted use within the district of a limited duration as established in section 2-5.3 and as defined in chapter 8 of this ordinance. Temporary surface parking lots are allowed as part of a construction or redevelopment project. F. Bulk Regulations: Front yard setback Side yard setback Rear yard setback 0 feet (20 feet for garages facing street) 0 feet 0 percent lot depth G. Parking Requirements: Surface off street parking lots are prohibited in the C-5 business district, unless approved by the city. Under- ground and aboveground parking garages are allowed, provided they are an integral part of a new building. H. Signs: See section 4-3 of this ordinance. 3-3.6. CS Commercial Service And Wholesale District: A. General Purpose And Description: The CS district is intended to provide areas for a variety of business services, office uses, limited City of Dubuque 3-3 3-3 industrial activity and major wholesale operations. The CS uses are primarily characterized by large storage space requirements, high volume truck traffic and low volume customer traffic. Special emphasis shall be placed on selection of areas to be granted CS classification. It is intended that the CS district is one that provides a transitional zone that can be used between industrial and commer- cial uses and in cases where topography establishes a transitional area due to physical limitations between industrial and higher density residential development. B. Principal Permitted Uses: The following uses shall be permitted in the CS district: Agricultural supply sales - [19]. Animal hospital/clinic - [23]. Appliance sales and service - [27]. Auto parts/supply - [17]. Auto repair/body shop - [35]. Auto sales/service - [38]. Auto service centers (TBA) - [34]. Boat sales and service - [40]. Business services - [29]. Construction supplies, sales and service - [19]. Contractor shop/yard - [33]. Engine/motor sales, service and repair - [19]. Farm implements sales and service - [39]. Freight transfer facilities - [44]. Fuel/ice dealers and manufacturing - [33]. Furniture/home furnishing - [27]. City of Dubuque 3-3 3-3 Furniture upholstery/repair - [18]. General office - [14]. Indoor recreation facilities - [37]. Kennel - [23]. Landscaping services (not including retail sales as primary use) [29]. Lumberyards/building material sales [19]. Mail order houses - [23]. Medical/dental lab - [8]. Miniwarehousing - [47]. Mobile home sales - [40]. Motorcycle sales and service - [41]. Moving/storage facilities - [33]. Off street parking lot - [n/a]. Office supply - [19]. Passenger transfer facilities. Personal services - [14]. Printing/publishing - [32]. Processing or assembly - [33]. Railroads and public or quasi -public utilities including substations [47]. Recreational vehicles sales and service - [38]. Refrigeration equipment and supply, sales and service - [19]. Tool, die and pattern making - [33]. City of Dubuque 3-3 3-3 Truck sales/service repair - [39]. Upholstery shop - [42]. Vehicle rental - [47]. Vending/game machines sales and service - [19]. Welding services - [29]. Wholesale sales/distributor - [29]. C. Accessory Uses: The following uses shall be permitted as accessory uses as provided in chapter 4 of this ordinance: Any use customarily incidental and subordinate to the principal use it serves. D. Conditional Uses: The following conditional uses are permitted in the CS district, subject to the provisions of chapter 5 of this ordinance and are the minimum requirements for application to the board of adjustment for a conditional use permit: Outdoor recreation; provided, that: 1. Hours of operation shall be limited, eight o'clock (8:00) A.M. to twelve o'clock (12:00) midnight, unless further limited by the zoning board of adjustment; 2. Wall mounted and pole mounted light fixtures utilize ninety degree (90°) cutoff luminaries; 3. The zoning board of adjustment establish screening requirements for adjacent property, if necessary; 4. The parking group requirements can be met - [37]. E. Temporary Uses: The following uses shall be permitted as temporary uses in the CS district: None at this time. F. Bulk Regulations: Front yard setback 20 feet City of Dubuque 3-3 3-3 Side yard setback Rear yard setback Building height 0 feet' 0 percent lot depth' 40 feet Note: 1. Except where abutting a residential or office residential district, then 6 foot side yard and 20 percent lot depth rear yard setbacks required. G. Parking Requirements: See section 4-2 of this ordinance. H. Signs: See section 4-3 of this ordinance. 3-3.7. CR Commercial Recreation District: A. General Purpose And Description: The CR commercial recreation district is intended to provide for commercial recreation facilities, together with their supporting uses, which generally require Targe tracts of land and/or generate substantial volumes of traffic. B. Principal Permitted Uses: The following uses shall be permitted in the CR district: Animal hospital/clinic - [23]. Athletic fields, stadiums and sports arenas - [26]. Auditoriums/assembly halls - [20]. Beaches - [47]. Boat sales and service - [40]. Bowling alleys - [37]. Campgrounds and recreational vehicle parks - [47]. Convention center - [20]. Dog racing, kennels, and track operations - [26]. Drive -up automated bank teller - [8]. Excursion boats and services - [37]. General offices - [14]. City of Dubuque 3-3 3-3 Health, sports, recreation and athletic clubs and organizations - [37]. Horse racing, breeding, and stable and track operations - [27]. Hotels - [30]. Indoor amusement center - [23]. Indoor recreation facilities - [37]. Indoor restaurant - [20]. Indoor theater - [48]. Laundromat - [22]. Laundry/dry cleaner - [19]. Motel - [24]. Motorcycle sales and service - [41]. Museum/libraries - [13]. Noncommercial art galleries - [13]. Off street parking lot - [n/a]. Outdoor recreation - [37]. Parking structures - [n/a]. Personal services - [14]. Pleasure craft harbors - [37]. Private clubs - [20]. Public or private parks, golf courses, or similar natural recreation areas - [47]. Railroads and public or quasi -public utilities including substations - [47]. Recreational vehicle sales and service - [38]. City of Dubuque 3-3 3-3 Retail sales/service - [17]. Self-service car wash - [8]. Vehicle rental - [47]. C. Accessory Uses: The following uses shall be permitted as accessory uses as provided in chapter 4 of this ordinance: Any use customarily incidental and subordinate to the principal use it serves. D. Conditional Uses: The following conditional uses are permitted in the CR district, subject to the provisions of chapter 5 of this ordinance and are the minimum requirements for application to the board of adjustment for a conditional use permit: Automated gas station; provided, that: 1. The parking group requirements can be met - [18]. Bar/tavern; provided, that: 1. The parking group requirements can be met - [20]. Drive-in/carryout restaurant; provided, that: 1. The parking group requirements can be met - [28]. Gas station; provided, that: 1. The parking group requirements can be met - [18]. E. Temporary Uses: The following uses shall be permitted as temporary uses in the CR district: None at this time. F. Bulk Regulations: Front yard setback Side yard setback Rear yard setback 20 feet (20 feet for garages facing street) 0 feet' 0 percent lot depth' City of Dubuque 3-3 3-4 Building height 100 feet for all permitted uses, 40 feet for gas station, bar/tavern, automated gas station, drive-in/carryout restaurants Note: 1. Except where abutting a residential or office residential district, then 6 foot side yard and 20 percent lot depth rear yard setbacks required. G. Parking Requirements: See section 4-2 of this ordinance. H. Signs: See section 4-3 of this ordinance. (Ord. 13-85, 3-18-1985; Ord. 35-85, § 1, 6-3-1985; Ord. 7-88, § 1, 2-15-1988; Ord. 18-88, § 1, 3-7-1988; Ord. 36-88, § 1, 8-1-1988; Ord. 65-88, § 1, 12-19-1988; Ord. 23-90, §§ 1-5, 20, 3-19-1990; Ord. 26-90, § 2, 3-19-1990; Ord. 28-90, § 1, 4-2-1990; Ord. 70-90, §§ 1(a) -(d), 9-4-1990; Ord. 95-90, § 1, 12-17-1990; Ord. 34-91, § 3, 5-6-1991; Ord. 73-91, § 1, 10-7-1991; Ord. 10-92, §§ 1, 2, 2-3-1992; Ord. 37-92, § 1, 5-18-1992; Ord. 57-92, § 1, 8-3-1992; Ord. 58-92, § 1, 8-3-1992; Ord. 59-92, § 1, 8-3-1992; Ord. 61-92, § 1, 8-3-1992; Ord. 12-93, § 2, 3-15-1993; Ord. 41-94, § 1, 8-1-1994; Ord. 54-94, § 1, 10-3-1994; Ord. 55-94, § 1, 10-3-1994; Ord. 56-94, § 1, 10-3-1994; Ord. 57-94, § 1, 10-3-1994; Ord. 9-98, § 1, 3-2-1998; Ord. 75-01, § 1, 11-19-2001; Ord. 32-04, § 1, 5-17-2004; Ord. 81-06, §§ 9, 10, 11, 12, 12-18-2006; Ord. 47-07, §§ 1, 2, 9-17-2007; Ord. 67-08, § 1, 10-20-2008; Ord. 68-08, § 1, 10-20-2008; Ord. 9-09, § 1, 2-16-2009) 3-4: INDUSTRIAL DISTRICTS1: 3-4.1. LI Light Industrial District: A. General Purpose And Description: The LI district is intended to provide for a variety of uses associated primarily in the conduct of light manufacturing, assembling and fabrication, warehousing, whole- saling and commercial service operations that require adequate accessibility to transportation facilities. This district is designed to accommodate the expansion of existing uses and provide for infill of vacant properties but is not generally intended to be an expandable district other than through the use of a planned unit development district as provided in section 3-5.5 of this ordinance. 1. Numbers in brackets throughout this chapter, e.g., [11], refer to parking groups listed in section 4-2.7 of this ordinance. City of Dubuque 3-4 3-4 B. Principal Permitted Uses: The following uses shall be permitted in the LI district: Agricultural supply sales - [19]. Animal hospital/clinic - [23]. Auto parts/supply - [17]. Auto repair/body shop - [35]. Auto sales and service - [38]. Auto service centers - [34]. Automated gas station - [18]. Bakery (wholesale/commercial) - [19]. Banks, savings and loans, and credit unions - [31]. Bar/tavern - [20]. Boat sales/service - [40]. Business services - [29]. Cold storage/locker plant - [15]. Compounding, processing, and packaging of chemical products, but not including highly flammable or explosive materials - [33]. Construction supplies, sales and service - [19]. Contractor shop/yard - [33]. Drive-in/carryout restaurant - [28]. Drive -up automated bank teller - [8]. Farm implement sales, services and repair - [39]. Freight transfer facilities - [44]. Fuel and ice dealers - [33]. City of Dubuque 3-4 3-4 Full service car wash - [8]. Furniture upholstery repair - [18]. Gas station - [18]. General offices - [14]. Grocery store - [17]. Indoor recreation facilities - [37]. Indoor restaurant - [20]. Laboratories for research or engineering - [33]. Lumberyards/building materials sales - [19]. Mail order houses - [23]. Manufacture, assembly, repair or storage of electrical and electronic products, components, or equipment - [33]. Manufacture or assembly of musical instruments; toys; watches or clocks; medical, dental, optical, or similar scientific instruments; orthopedic or medical appliances; signs or billboards - [33]. Manufacturing, compounding, assembly or treatment of articles or products from the following substances: clothing or textiles; rubber; precious or semiprecious stones or metals; wood; plastics; paper; leather; fiber; glass; hair; wax; sheet metal; concrete, feathers; fur; and cork, but not including the manufacture of such raw substances as a principal operation - [33]. Medical/dental lab - [8]. Mobile home sales - [40]. Motorcycle sales/service - [41]. Moving/storage facilities - [33]. Off street parking lot - [n/a]. Packing and processing of meat, dairy or food products, but not to include slaughterhouses or stockyards - [33]. City of Dubuque 3-4 3-4 Parking structure - [n/a]. Passenger transfer facilities. Personal - [29]/business services - [14]. Personal services - [14]. Printing and publishing - [32]. Railroads and public or quasi -public utilities including substations [47]. Recreation vehicle sales/service - [38]. Self-service car wash - [8]. Service station - [21]. Truck sales, service and repair - [39]. Upholstery shop - [42]. Vehicle rental - [47]. Vending/game machine sales/service - [19]. Warehousing and storage facilities - [33]. Wholesale sales/distributor - [29]. C. Accessory Uses: The following uses shall be permitted as accessory uses as provided in chapter 4 of this ordinance: 1. Any use customarily incidental and subordinate to the principal use it serves, but specifically not to include any use listed as a principal permitted use in the HI heavy industrial district. D. Conditional Uses: Licensed childcare center; provided, that: 1. All applicable state requirements have been met; City of Dubuque 3-4 3-4 2. Such facility shall provide for the loading and unloading of children so as not to obstruct public streets or create traffic or safety hazards; 3. All licenses have been issued or have been applied for awaiting the outcome of the board's decision; 4. No group daycare center may be located within the same structure as any gas station, bar/tavern, automated gas station or any facility selling, servicing, repairing or renting vehicles; 5. The parking group requirements can be met - [8]; 6. The conditional use applicant certifies that the premises on which the group daycare center will be located complies with, and will for so long as the group daycare center is so located, continue to comply with all local, state and federal regulations governing hazardous substances, hazardous conditions, hazardous wastes, and hazardous materials, including, but not limited to, Iowa Code chapter 455B (1991); 42 USC section 9601 of the federal comprehensive environmental response compensation and liability act; 40 CFR section 302.4; and section 302 of the superfund amendments and reauthorization act of 1986; 7. If the applicant is subject to the requirements of section 302 of the superfund amendments and reauthorization act of 1986, the emergency management director shall certify whether or not the applicant has submitted a current inventory of extremely hazardous substances kept or stored on the premises. If any such extremely hazardous substances are kept or stored on the premises, the applicant shall also post in a conspicuous place on the premises a notice indicating a description of the extremely hazardous substances, and the physical and health hazards presented by such substances. E. Temporary Uses: The following uses shall be permitted as temporary uses in the LI district: Batch plants (asphalt or concrete). F. Bulk Regulations: 1. Maximum building height: Fifty feet (50'). City of Dubuque 3-4 3-4 2. Minimum size and/or rear yard setbacks: Ten feet (10') plus two feet (2') per story over the first, but only where the yard abuts a residential or office district. G. Parking Requirements: See section 4-2 of this ordinance. H. Signs: See section 4-3 of this ordinance. 3-4.2. HI Heavy Industrial District: A. General Purpose And Description: The HI heavy industrial district is intended to provide appropriate locations for those industrial uses which by their nature tend to generate levels of smoke, dust, noise, or odors that render them incompatible with virtually all other land uses. The council finds that the continued operation and develop- ment of such quasi -nuisance uses is necessary to the economic health and public welfare of the community, but that the potentially harmful impacts of such uses upon surrounding activities requires them to be physically isolated or "buffered" from adjacent uses that may be adversely affected. For this reason, the HI heavy industrial district will be mapped only in areas where topographic features or adjacent Tight industrial districts mitigate the effects of the zone upon nearby uses. This district is also designed to accommodate the expansion of existing uses and provide for infill of vacant parcels but is not generally intended to be an expandable district other than through the use of a planned unit development district as provided in section 3-5.5 of this ordinance. B. Principal Permitted Uses: The following uses shall be permitted in the HI district: Agricultural supply sales - [19]. Animal hospital/clinic - [23]. Auto parts/supply - [17]. Auto repair/body shop - [35]. Auto sales and services - [38]. Auto service centers - [34]. Automated gas station - [18]. City of Dubuque 3-4 3-4 Bakery (wholesale/commercial) - [19]. Banks, savings and loans, and credit unions - [31]. Bar/tavern - [20]. Boat sales/service - [40]. Business services - [29]. Cold storage/locker plants - [15]. Compounding, processing, and packaging of chemical products, but not including highly flammable or explosive materials - [33]. Construction supplies, sales and service - [19]. Contractor shop/yard - [33]. Crematoriums; reduction plants; foundries, forges or smelters - [15]. Drive-in/carryout restaurant - [28]. Drive -up automated bank teller - [8]. Farm implement sales, services and repair - [39]. Freight transfer facilities - [44]. Fuel and ice dealers - [33]. Full service car wash - [8]. Furniture upholstery/repair - [18]. Gas station - [18]. General offices - [47]. Grain/barge terminal - [44]. Indoor recreation facilities - [37]. Indoor restaurant - [20]. City of Dubuque 3-4 3-4 Junkyards, salvage yards - [44]. Laboratories for research or engineering - [33]. Lumberyards/building materials sales - [19]. Mail order houses - [23]. Manufacture, assembly, repair or storage of electrical and electronic products, components, or equipment - [33]. Manufacture or assembly of musical instruments; toys; watches or clocks; medical, dental, optical, or similar scientific instruments; orthopedic or medical appliances; signs or billboards - [33]. Manufacture or processing of the following materials: acid, lime or lime products; coke; coal tar; creosote; celluloid or cellulose products; detergent; and ammonia or chlorine - [33]. Manufacture, storage or processing of the following products or materials: glue, petroleum products or any flammable liquid; asphalt or concrete products; explosive materials of any type; structural steel and foundry products; fertilizer; pharmaceutical products, including cosmetics, toiletries, and soap; and stone products, including brick, building stone, and similar masonry materials - [33]. Manufacturing, compounding, assembly or treatment of articles or products from the following substances: clothing or textiles; rubber; precious or semiprecious stones or metals; wood; plastics; paper; leather; fiber; glass; hair; wax; sheet metal; concrete; feathers; fur; and cork - [33]. Medical/dental lab - [8]. Mobile home sales - [40]. Motorcycle sales/service - [41]. Moving/storage facilities - [33]. Off street parking lot - [n/a]. Packing and processing of meat, dairy or food products, but not to include slaughterhouses or stockyards - [33]. Parking structure - [n/a]. City of Dubuque 3-4 3-4 Passenger transfer facilities. Personal services - [14]. Printing and publishing - [32]. Railroads and public or quasi -public utilities including substations [47]. Recreation vehicle sales/service - [38]. Sanitary landfills - [47]. Self-service car wash - [8]. Service station - [21]. Sewage treatment plants - [47]. Slaughterhouses or stockyards - [44]. Truck sales, service and repair - [39]. Upholstery shop - [42]. Vehicle rental - [47]. Vending/game machine sales/service - [19]. Warehousing and storage facilities - [33]. Wholesale sales/distributor - [29]. C. Accessory Uses: The following uses shall be permitted as accessory uses as provided in chapter 4 of this ordinance: Any use customarily incidental and subordinate to the principal use it serves. D. Conditional Uses: Licensed childcare center; provided, that: 1. All applicable state requirements have been met; City of Dubuque 3-4 3-4 2. Such facility shall provide for the loading and unloading of children so as not to obstruct public streets or create traffic or safety hazards; 3. All licenses have been issued or have been applied for awaiting the outcome of the board's decision; 4. No group daycare center may be located within the same structure as any gas station, bar/tavern, automated gas station or any facility selling, servicing, repairing or renting vehicles; 5. The parking group requirements can be met - [8]; 6. The conditional use applicant certifies that the premises on which the group daycare center will be located complies with, and will for so long as the group daycare center is so located, continue to comply with all local, state and federal regulations governing hazardous substances, hazardous conditions, hazardous wastes, and hazardous materials, including, but not limited to, Iowa Code chapter 455B (1991); 42 USC section 9601 of the federal comprehensive environmental response compensation and liability act; 40 CFR section 302.4; and section 302 of the superfund amendments and reauthorization act of 1986; and 7. If the applicant is subject to the requirements of section 302 of the superfund amendments and reauthorization act of 1986, the emergency management director shall certify whether or not the applicant has submitted a current inventory of extremely hazardous substances kept or stored on the premises. If any such extremely hazardous substances are kept or stored on the premises, the applicant shall also post in a conspicuous place on the premises a notice indicating a description of the extremely hazardous substances, and the physical and health hazards presented by such substances. Residential use; provided, that: 1. The building in which the residential use is to be located contains no existing industrial use and will be prohibited from having an industrial use as long as the residential use is active; City of Dubuque 3-4 3-4 2. A minimum of six hundred fifty (650) square feet of area be provided for each unit; and 3. The parking group requirements can be met - [6]. Retail sales and service; provided, that: 1. Retail sales and service activity shall not be permitted in an area where parking and pedestrian traffic is likely to conflict with on site or adjacent industrial users; 2. If located within an actively used industrial building, the retail use is fully physically separated from any industrial uses; and 3. The parking group requirements can be met - [17]. E. Temporary Uses: None at this time. F. Bulk Regulations: 1. Maximum building height: One hundred fifty feet (150'). G. Parking Requirements: See section 4-2 of this ordinance. H. Signs: See section 4-3 of this ordinance. 3-4.3. Reserved: 3-4.4. MHI Modified Heavy Industrial District: A. General Purpose And Description: The MHI modified heavy industrial district is intended to provide appropriate locations for most heavy industrial uses, while also serving as a buffer for transitional and redeveloping areas, particularly along the U.S. 61/151 freeway corridor, from those most intense industrial uses which by their nature tend to generate levels of smoke, dust, noise or odors or have visual impacts that render them incompatible with virtually all other land uses. For this reason, the MHI modified heavy industrial district will be mapped only in areas where topographic features or adjacent zoning districts mitigate the effects of the zone upon nearby uses. This district is also designed to accommodate the expansion of existing uses and provide for infill of vacant parcels but is not generally intended to be an expandable district other than through the use of a planned unit development as provided in this ordinance. City of Dubuque 3-4 3-4 B. Principal Permitted Uses: The following uses shall be permitted in the MHI district: Agricultural supply sales - [19]. Animal hospital/clinic - [23]. Auto parts/supply - [7]. Auto repair/body shop - [35]. Auto sales and services - [38]. Auto service centers - [34]. Automated gas station - [18]. Bakery (wholesale/commercial) - [19]. Banks, savings and loans, and credit unions - [31]. Bar/tavern - [20]. Boat sales/service - [40]. Business services - [29]. Cold storage/locker plants - [15]. Compounding, processing and packaging of chemical products, but not including highly flammable or explosive materials - [33]. Construction supplies, sales and service - [19]. Contractor shop/yard - [33]. Drive-in/carryout restaurant - [28]. Drive -up automated bank teller - [8]. Farm implement sales, services and repair - [39]. Freight transfer facilities - [44]. Fuel and ice dealers - [33]. City of Dubuque 3-4 3-4 Full service car wash - [8]. Furniture upholstery/repair - [18]. Gas station - [18]. General offices - [47]. Indoor recreation facilities - [37]. Indoor restaurant - [20]. Laboratories for research or engineering - [33]. Lumberyards/building materials sales - [19]. Mail order houses - [23]. Manufacture, assembly, repair or storage of electrical and electronic products, components or equipment - [33]. Manufacture or assembly of musical instruments; toys; watches or clocks; medical, dental, optical or similar scientific instruments; orthopedic or medical appliances; signs or billboards - [33]. Manufacture, storage or processing of the following products or materials: glue, petroleum products or any flammable liquid; asphalt or concrete products; explosive materials of any type; structural steel and foundry products; fertilizer; pharmaceutical products, including cosmetics, toiletries and soap; and stone products, including brick, building stone, and similar masonry materials - [33]. Manufacturing, compounding, assembly or treatment of articles or products from the following substances: clothing or textiles; rubber; precious or semiprecious stones or metals; wood; plastics; paper; leather; fiber; glass; hair; wax; sheet metal; concrete; feathers; fur; and cork - [33]. Medical/dental lab - [8]. Mobile home sales - [40]. Motorcycle sales/service - [41]. Moving/storage facilities - [33]. City of Dubuque 3-4 3-4 Off street parking lot - [n/a]. Packing and processing of meat, dairy or food products, but not to include slaughterhouses or stockyards - [33]. Parking structure - [n/a]. Personal services - [14]. Printing and publishing - [32]. Railroads and public or quasi -public utilities including substations [47]. Recreation vehicle sales/service - [38]. Self-service car wash - [8]. Service station - [21]. Truck sales, service and repair - [39]. Upholstery shop - [42]. Vehicle rental - [47]. Vending/game machine sales/service - [19]. Warehousing and storage facilities - [33]. Wholesale sales/distributor - [29]. C. Accessory Uses: The following uses shall be permitted as accessory uses as provided in chapter 4 of this ordinance: Any use customarily incidental and subordinate to the principal use it serves. D. Conditional Uses: Grain/barge terminal; provided, that: 1. A site plan shall be submitted and approved as provided in chapter 4 of this ordinance; and 2. The parking group requirements can be met - [44]. City of Dubuque 3-4 3-4 Licensed childcare center; provided, that: 1. All applicable state requirements have been met; 2. Such facility shall provide for the loading and unloading of children so as not to obstruct public streets or create traffic or safety hazards; 3. All licenses have been issued or have been applied for awaiting the outcome of the board's decision; 4. No group daycare center may be located within the same structure as any gas station, bar/tavern, automated gas station or any facility selling, servicing, repairing or renting vehicles; 5. The parking group requirements can be met - [8]; 6. The conditional use applicant certifies that the premises on which the group daycare center will be located complies with, and will for so long as the group daycare center is so located, continue to comply with all local, state and federal regulations governing hazardous substances, hazardous conditions, hazardous wastes, and hazardous materials, including, but not limited to, Iowa Code chapter 455B (1991); 42 USC section 9601 of the federal comprehensive environmental response compensation and liability act; 40 CFR section 302.4; and section 302 of the superfund amendments and reauthorization act of 1986; and 7. If the applicant is subject to the requirements of section 302 of the superfund amendments and reauthorization act of 1986, the emergency management director shall certify whether or not the applicant has submitted a current inventory of extremely hazardous substances kept or stored on the premises. If any such extremely hazardous substances are kept or stored on the premises, the applicant shall also post in a conspicuous place on the premises a notice indicating a description of the extremely hazardous substances, and the physical and health hazards presented by such substances. E. Temporary Uses: The following uses shall be permitted as temporary uses in the MHI district: Batch plants (asphalt or concrete). City of Dubuque 3-4 3-5 F. Bulk Regulations: 1. Maximum building height: One hundred fifty feet (150'). G. Parking Requirements: See section 4-2 of this ordinance. H. Signs: See section 4-3 of this ordinance. (Ord. 13-85, 3-18-1985; Ord. 25-85, § 1, 5-20-1985; Ord. 23-90, §§ 6, 7, 3-19-1990; Ord. 26-90, § 3, 3-19-1990; Ord. 50-90, § 1, 6-4-1990; Ord. 70-90, § 1(a) -(d), 9-4-1990; Ord. 44-91, §§ 1-3, 5-20-1991; Ord. 78-92, § 2, 11-2-1992; Ord. 12-93, § 2, 3-15-1993; Ord. 42-95, § 1, 7-3-1995; Ord. 11-96, § 1, 3-4-1996; Ord. 12-96, § 1, 3-4-1996; Ord. 13-96, § 1, 3-4-1996; Ord. 68-03, § 1, 8-18-2003; Ord. 70-04, § 1, 9-20-2004; Ord. 81-06, §§ 13, 14, 15, 12-18-2006; Ord. 68-08, § 1, 10-20-2008) 3-5: SPECIAL PURPOSE DISTRICTS': 3-5.1. AG Agricultural District: A. General Purpose And Description: The AG district is intended to conserve farmland for agricultural purposes and to serve as a "holding" zone to prevent the premature development of large land acreages and of recently annexed land for which the most appropriate future use has not yet been determined. In order to promote these purposes, the regulations for this district allow a very limited range of uses so that the present development character of the land may be maintained and future development options preserved pending comprehensive study and analysis of the area. B. Principal Permitted Uses: The following uses shall be permitted in the AG district: Agricultural use, including the raising of field crops and livestock, horticulture, forestry, animal husbandry, and similar farming activities. Noncommercial nursery. Railroads and public or quasi -public utilities including substations. 1. Numbers in brackets throughout this chapter, e.g., [11], refer to parking groups listed in section 4-2.7 of this ordinance. City of Dubuque 3-5 3-5 C. Accessory Uses: The following uses shall be permitted as accessory uses as provided in chapter 4 of this ordinance: Barbed wire fences when used for livestock containment. Barns, sheds and similar structures. Seasonal produce sales of products raised on site. Single-family dwelling, provided it is located on a lot of ten (10) acres or more and is incidental and subordinate to an active agricultural use it serves. D. Conditional Uses: None at this time. E. Temporary Uses: None at this time. F. Bulk Regulations: Reserved. G. Parking Requirements: Reserved. H. Signs: Reserved. 3-5.2. ID Institutional District: A. General Purpose And Description: The ID district is intended to address the particular problems and characteristics of Dubuque's many institutional facilities. It is the intent of this ordinance that this district shall only be applied to facilities possessing the characteristics of an institutional use set forth in this section. The council finds that several factors distinguish institutions from other land use activities. The most significant feature of institutions is their tendency to function as substantially separate communities within the city. They maintain a large and definable resident population within a more or less discrete geographical area. Typically, a broad range of essential living services and facilities are provided by the institutions internally for both its resident and transitory populations. A second common feature of institutions is a primary educational, medical, religious, or charitable purpose. This distinguishes them from commercial nursing homes, hotels, boarding houses, and similar uses. It is further the intent of this ordinance that, because of the very substantial impact institutional uses may have upon the surrounding City of Dubuque 3-5 3-5 community, no expansion of an existing ID institutional district will be permitted except in accordance with the provisions of this section, which requires a conceptual development plan to be filed and approved prior to institutional reclassification or substantial on premises expansions. B. Principal Permitted Uses: 1. All Institutions: The following uses are permitted in the ID district subject however to the limitations of subsection E of this section: Business and secretarial schools - [45]. Churches - [7], libraries, and museums - [13]. Classrooms, laboratories, lecture halls, auditoriums and similar places of institutional assembly - [45]. Colleges and universities - [45]. Existing private uses or structures situated within an ID district for which the R-3 district standards shall apply - [n/a]. Farms, gardens, nurseries or greenhouses - [n/a]. Hospitals - [46]. Nursing or convalescent homes of institutional residents or affiliates - [2]. Off street parking and loading - [n/a]. Offices for administrative personnel or other institutional employees or affiliates - [14]. Outpatient care facilities - [36]. Recreational or athletic facilities for the primary use and benefit of institutional residents or affiliates - [45]. Residential care facilities - [18]. Seminaries - [45]. City of Dubuque 3-5 3-5 Single-family, two-family - [11], or multiple -family dwellings for the housing of institutional residents or affiliates - [9]. Vocational schools - [45]. 2. Additional Principal Permitted Uses For Medical Institutions: In addition to the principal permitted uses listed above, the following additional principal uses shall be permitted for medical institutions, but only in accordance with the limitations of subsection 3-5.2E of this section: Facilities and operations for the diagnosis, care, and treatment of human health disorders, including examination or operating rooms, physical therapy or X-ray facilities, psychiatric treatment, convalescent care, and similar hospital related uses. This provision shall include separate doctors' clinics, drugstores, or other medical facilities not owned or operated by the principal institution, but only where such facilities are functionally related to the institution and are included within the original institutional district boundaries or the approved preliminary development plan, as provided in subsection E of this section - [36]. C. Accessory Uses: The following uses shall be permitted as accessory uses as provided in chapter 4 of this ordinance: As an accessory use to a medical institution, and located entirely within a principal building, facilities for the compounding, dispensing, or sale of drugs or medicines, prosthetic devices, lotions and preparations, dental care supplies, eyewear, bandages or dressings, and similar medical or health related supplies. As an accessory use to an educational institution and located entirely within a principal building, bookstores, or bars seating not more than seventy five (75) persons at one time and located not closer than two hundred feet (200') from the nearest residential or office -residential district. Group daycare center - [8]. Restaurants or cafeterias; flower shops; gift shops; and candy, cigar, or magazine stands; but only when operated and located entirely within a principal building, except that drive -up automated teller machines shall be allowed on medical institutional campuses. City of Dubuque 3-5 3-5 All other uses customarily incidental to the principal permitted use in conjunction with which such accessory use is operated or main- tained, but not to include commercial uses outside a principal building, except for drive -up automated teller machines. D. Procedures For District Establishment And Expansion: 1. Application And Conceptual Development Plan Submission: Application for district establishment or expansion, or expansion of new or existing structures within an established ID district shall be filed, along with the appropriate filing fee as provided in chapter 7 of this ordinance, with the office of planning services. The application shall be accompanied by a conceptual development plan including: a. Written Information: Legal description and address of property; Name, address and phone number(s) of the property owner(s); Proposed construction and landscaping schedule indicating the timing and sequence of each development activity; Existing and proposed uses for all buildings or structures; Total area of property and all structures, existing and proposed; Present and proposed type and number of parking spaces on the property. b. Graphic Materials: Complete property dimensions; The location, grade, and dimensions of all present and/or proposed streets or other paved surfaces and engineering cross sections of proposed new curbs and pavement; Proposed parking and traffic circulation plan, if applicable, showing location and dimensions of parking stalls, dividers, planters or similar permanent improvements; perimeter screening treatment, including landscaping, etc.; City of Dubuque 3-5 3-5 Location and dimensions of all buildings or major structures, both proposed and existing, showing exterior dimensions, number and area of floors, location, number and type of dwelling units, height of building(s), etc.; Existing and proposed contours of the property taken at regular contour intervals not to exceed five feet (5'), or two feet (2') if the city planner determines that greater contour detail is necessary to satisfactorily make the determinations required by this ordinance; The general nature, location, and size of all significant existing natural land features, including, but not limited to, sidewalks or paths, tree or bush masses, all individual trees over six inches (6") in diameter, grassed areas, surface rock and/or soil features, and all springs, streams, or other permanent or temporary bodies of water; A locational map or other drawing at appropriate scale showing the general location and relation of the property to surrounding areas, including, where relevant, the zoning and land use pattern of adjacent properties, the existing street system in the area, location of nearby public facilities, etc. 2. Commission Hearing: A public hearing shall be held by the zoning commission on the application and conceptual development plan in the same manner and with the same public notice procedure as required for zoning classifications. 3. Commission Recommendation: The zoning commission's recommendation shall be transmitted to the city council with a statement of reasons in support of the recommendation. If the recommendation is one of approval, it shall contain recommended conditions or restrictions to be included in an ordinance authorizing the establishment or expansion of the ID district or its uses. The conditions or restrictions shall include, but not be limited to: Time limitations, if any, for submission of final development plans and commencement of construction. Uses permitted in this district. Lot and bulk and performance standards for the development and operation of the permitted uses. City of Dubuque 3-5 3-5 Requirement that any transfer of ownership or lease of property in the district include in the transfer or lease agreement a provision that the purchaser or lessee acknowledges awareness of the conditions authorizing the establishment of the district. 4. Conceptual Development Plan Approval: The zoning commission shall not approve the conceptual development plan unless and until the commission determines that such plan conforms to each of the following standards: a. The conceptual development plan is in substantial conformance with adopted comprehensive plans to guide the future growth and development of Dubuque. b. Expansions contemplated by the plan are justifiable and reasonable in light of the projected needs of the institution and the public welfare. c. The proposed additions or expansions are designed so as to be functionally integrated with the existing institutional facilities, with due regard to maintenance of safe, efficient, and convenient vehicular and pedestrian traffic. d. The proposed additions or expansions of use are permitted in the district and are of a location, size, and nature such that they are not likely to interfere with the appropriate use and enjoyment of property in abutting districts. e. The conceptual development plan will not violate any provision or requirement of this ordinance. f. Approval of the conceptual development plan shall be valid for a period of three (3) years; provided, that after the first year, if no final site development plan has been filed, the commission or council may require the resubmission of a conceptual development plan in conformity with the procedures and standards of this section. g. A new or amended conceptual development plan may be filed at any time following council approval. 5. Council Action: Upon receiving the recommendation of the com- mission, the city council shall act in the manner provided by law to approve or disapprove the requested zoning reclassification of the property. The affirmative vote of at least three-fourths (3/4) of all the City of Dubuque 3-5 3-5 membership of the council shall be necessary to approve the con- ceptual development plan when the commission has recommended disapproval thereof, or to remove any conditions, requirements, or limitations imposed by the commission in approving the conceptual development plan. 6. Submission Of Final Site Development Plan: After passage of the ordinance authorizing the establishment of an ID institutional district by the city council, the applicant shall submit final site development plans to the city planner within the period of time, if any, specified in said ordinance. The plans shall include detailed information as required of a final site plan for adequate consideration of the plans. The city planner will judge the final site development plan for its conformance with the approved conceptual development plan, and if found to be in conformance with said plan, the issuance of building permits shall be permitted. Following approval of the final site development plan, no construction may take place except in substantial conformance with such plan. If the project is phased, then each phase would be considered on its own merit and be evaluated on the specific ordinance requirements establishing the district. The plans shall satisfy the subdivision regulations and other pertinent city ordinances where applicable. 7. Development According To Final Site Development Plan: a. Site Development Plan Review: No building permit shall be issued on any site unless a site development plan has been submitted and approved in accordance with the provisions of section 4-4 of this ordinance and unless such plan conforms with the conditions of the adopted conceptual development plan. b. Construction Of Improvements Or Posting Of Bond: No buildings may be erected and no uses may occupy any portion of the district until the required related off site improvements are constructed or appropriate security as determined by the zoning commission is provided to ensure construction. If the institutional district is to be developed in phases, all improvements necessary to the proper operation and functioning of each phase even though same may be located outside of the section, must be constructed and installed, or appropriate security as determined by the zoning commission must be provided to ensure their construction. c. Time Limitation: If substantial construction or development does not begin within the period of time specified in the ordinance authorizing the establishment of the district or in resolutions adopted City of Dubuque 3-5 3-5 pursuant thereto, the city council may, on its motion or on a recommendation of the zoning commission, rezone the property or any portion thereof to the zoning district classification that prevailed prior to the approval of the classification. d. Extension Of Time Limitation: The time limitation specified in the ordinance authorizing the establishment of the district for submission of final site development plans and for completion of construction may be extended by the city council upon a showing of good cause. e. Changes From Plan: After recording of a final site develop- ment plan, changes not inconsistent with the purpose or intent of this section may be approved by the zoning commission. Changes affecting the purpose or intent of this section shall require a new petition to be filed. E. Prohibition On Commencement Of Use By Parties Unassociated With Principal Institution: Within an existing ID institutional district, no use otherwise provided for this district may be commenced by any person(s), except: 1. The principal institution or its agent; or 2. A person under contractual or other legally binding obligation to provide services to such institution (e.g., the independent operator of a student cafeteria); or 3. The person or persons operating a doctors' clinic or other facility permitted under the principal permitted or accessory uses of this section. The purpose of this provision is to prohibit within an ID institutional district the commencement of uses unrelated to the promotion of the primary educational, charitable, religious, or medical purpose of the institution, by requiring purchasers of institutional land and/or buildings to seek appropriate reclassification of the property prior to commencement of any noninstitutional use on the premises. F. Lot And Bulk Regulations: 1. Required front yard setback: Twenty feet (20'). 2. Required side yard setback: Ten feet (10') plus two feet (2') per story over the first where abutting a residential or office residential district. City of Dubuque 3-5 3-5 3. Required rear yard setback: Ten feet (10') plus two feet (2') per story over the first where abutting a residential or office residential district. 4. Building height: Hospitals: One hundred twenty feet (120'). All other uses: As approved in the adopting ordinance establishing the ID district. G. District Standards: The specific ordinance establishing a particular institutional district, or resolutions adopted pursuant thereto, shall provide standards for the design, development, operation and maintenance of uses and structures. These standards may include, but are not limited to: 1. Control of operations outside of enclosed buildings. 2. Control of lighting and utilities. 3. Provision of landscaping and protection of natural areas. 4. Control of refuse collection areas. 5. Off street parking and loading requirements. (If not included in the adopting ordinance establishing the specific ID district, then section 4-2 of this ordinance shall apply.) 6. Control of signage. (If not included in the adopting ordinance establishing the specific ID district, then section 4-3 of this ordinance shall apply.) 3-5.3. Flood Hazard Overlay District: A. General Purpose And Description: 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 are designed to: 1. 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; City of Dubuque 3-5 3-5 2. Require that uses vulnerable to floods, including public facilities which serve such uses, be provided with flood protection at the time of initial construction; 3. Protect individuals from buying lands which are unsuited for intended purposes because of flood hazard; and 4. Assure that eligibility is maintained for property owners in the city to purchase flood insurance in the national flood insurance program. B. Lands To Which Ordinance Applies: This ordinance shall apply to all lands within the jurisdiction of the city of Dubuque shown on the official zoning map as being within the boundaries of the 100 -year floodplain. C. 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 ordinance. 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 flood insurance study and flood insurance rate map(s) (FIRM) for the city of Dubuque, dated September 6, 1989, are attached to and made a part of the official floodplain zoning map. D. 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 zoning administrator 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. E. 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 ordinance and other applicable regulations which apply to uses within the jurisdiction of this ordinance. Existing structures which suffer substantial damage shall also be required to meet full compliance with the terms of this ordinance should the damaged structure be repaired or rebuilt. F. Abrogation And Greater Restrictions: It is not intended by this ordinance to repeal, abrogate or impair any existing easements, City of Dubuque 3-5 3-5 covenants, or deed restrictions. However, where this ordinance imposes greater restrictions, the provisions of this ordinance shall prevail. All other ordinances inconsistent with this ordinance are hereby repealed to the extent of the inconsistency only. G. Interpretation: In their interpretation and application, the provisions of this ordinance 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. H. Warning And Disclaimer Of Liability: The degree of flood protection required by this ordinance 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 ordinance 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 ordinance shall not create liability on the part of Dubuque or any officer or employee thereof for any flood damages that result from reliance on this ordinance or any administrative decision lawfully made thereunder. Severability: If any section, clause, provision or portion of this ordinance is adjudged unconstitutional or invalid by a court of competent jurisdiction, the remainder of this ordinance shall riot be affected thereby. J. Establishment Of Zoning Districts: The floodplain areas within the jurisdiction of this ordinance are hereby divided into the following districts: floodway overlay district (FW), floodway fringe overlay district (FF) and general floodplain overlay district (FP). The boundaries are shown on the official floodplain zoning map. Within these districts, all uses not allowed as permitted uses are prohibited. 1. Floodway Overlay District (FW): The floodway overlay district shall be consistent with the boundaries of the floodway as shown on the official floodplain zoning map overlay and indicated on the FIRM maps as zone AE (hatched). 2. Floodway Fringe Overlay District (FF): 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 (not hatched). City of Dubuque 3-5 3-5 3. General Floodplain Overlay District (FP): The general floodplain overlay district shall be those areas shown as being within the approximate 100 -year flood boundary on the official floodplain zoning map and indicated on the FIRM maps as zone A. K. Floodway Overlay District (FW): 1. Permitted Uses: The following uses shall be permitted within the floodway overlay district to the extent they are not prohibited by any other ordinance (or underlying zoning district) and provided they do not include placement of structures, factory built homes, fill or other obstruction, the storage of materials or equipment, excavation, or alteration of a watercourse: Accessory uses of land for industrial/commercial uses such as loading areas, parking areas, airport landing strips. 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. 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, 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 5 of this ordinance. Such uses must also meet the applicable provisions of the floodway district performance standards. Circuses, carnivals, and similar transient amusement enterprises. City of Dubuque 3-5 3-5 Drive-in theaters, new and used car lots, roadside stands, signs, and billboards. Extraction of sand, 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 ordinance. 3. 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: a. 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. b. All uses within the floodway overlay district shall: (1) Be consistent with the need to minimize flood damage. (2) Use construction methods and practices that will minimize flood damage. (3) Use construction materials and utility equipment that are resistant to flood damage. c. 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. d. 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. City of Dubuque 3-5 3-5 e. Structures, if permitted, shall have a low flood damage potential and shall not be for human habitation. f. 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. g. 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. h. Any fill allowed in the floodway must be shown to have some beneficial purpose and shall be limited to the minimum amount necessary. i. Pipeline river or stream crossings shall be buried in the streambed and banks or otherwise sufficiently protected to prevent rupture due to channel degradation and meandering or due to the action of flood flows. L. Floodway Fringe Overlay District (FF): 1. Permitted Uses: All uses within the floodway fringe overlay district shall be permitted to the extent that they are not prohibited by any other ordinance (or underlying zoning district) and provided they meet applicable performance standards of the floodway fringe overlay district. However, on the Mississippi River or on islands therein, no use will be allowed unless identified as not being a floodway area by the department of natural resources. In which case, if a floodway area is identified, the provisions of subsection K, "Floodway Overlay District (FW)", of this section will apply. 2. Performance Standards: All uses must be consistent with the need to minimize flood damage and shall meet the following applicable performance standards: a. All Structures: All structures shall be: (1) Adequately anchored to prevent flotation, collapse or lateral movement of the structure; City of Dubuque 3-5 3-5 (2) Constructed with materials and utility equipment resistant to flood damage; and (3) Constructed by methods and practices that minimize flood damage. b. New And Improved Structures: All new and substantially improved structures: (1) 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. (2) New and substantially improved structures must be adequately anchored to prevent flotation, collapse, or lateral movement of the structure resulting from hydrodynamic and hydrostatic loads, including the effects of buoyancy. Designs for meeting this requirement must be certified by a professional engineer registered in the state of Iowa. (3) 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. c. 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 board of adjustment and issuance of a variance, as provided for in subsection N of this section, where existing topography, street grades, or other factors preclude elevating by fill. In such cases, the methods used must be adequate to support the City of Dubuque 3-5 3-5 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. d. 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 zoning administrator. e. Factory Built Homes: (1) Factory built homes including those placed in existing factory built home parks or subdivisions shall be anchored to resist flotation, collapse, or lateral movement. (2) 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. f. Utility And Sanitary Systems: (1) All new and replacement sanitary sewage systems shall be designed to minimize and eliminate infiltration of floodwaters into the system as well as the discharge of effluent into floodwater. Wastewater treatment facilities shall be provided with a level of flood protection equal to or greater than one foot (1') above the 100 -year flood elevation. City of Dubuque 3-5 3-5 (2) On site waste disposal systems shall be located or designed to avoid impairment to the system or contamination from the system during flooding. (3) 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. (4) 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. (5) All such systems shall be certified as meeting these requirements by a professional engineer registered in the state of Iowa. g. Storage Of Materials And Equipment: 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: 1) not be subject to major flood damage and be anchored to prevent movement due to floodwaters; or 2) be readily removable from the area within the time available after flood warning. h. Levees And Flood Walls: Flood control structural works such as levees and flood walls 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. i. Channel Capacity: 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. j. 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 City of Dubuque 3-5 3-5 provide all lots with a means of vehicular access that will remain dry during occurrence of the 100 -year flood. k. Exemptions: 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 when: (1) The structures shall not be used for human habitation. (2) The structure shall be designed to have low flood damage potential. (3) The structure shall be constructed and placed on the building site so as to offer minimum resistance to the flow of floodwaters. (4) Structures shall be firmly anchored to prevent flotation which may result in damage to other structures. (5) 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. (6) All such structures shall be certified as meeting these requirements by a professional engineer registered in the state of Iowa. M. General Floodplain Overlay District (FP): 1. 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: Accessory uses of land for industrial/commercial uses such as loading areas, parking areas, airport landing strips. City of Dubuque 3-5 3-5 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. 2. Conditional Uses: Any uses which involve placement of structures, factory built homes, fill or other obstructions, the storage of materials or equipment, excavation or alteration of a watercourse may be allowed only upon issuance of a conditional use permit by the zoning board of adjustment as provided for in chapter 5 of this ordinance. All such uses shall be reviewed by the department of natural resources to determine: a) whether the land involved is either wholly or partly within the floodway or floodway fringe; and b) 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. 3. Performance Standards: a. 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. b. 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. City of Dubuque 3-5 3-5 N. Administration: 1. Appointment, Duties And Responsibilities Of Zoning Administrator: a. A zoning administrator designated by the city manager shall administer and enforce this ordinance and will herein be referred to as the administrator. b. Duties and responsibilities of the administrator shall include, but not necessarily be limited to, the following: (1) Review all floodplain development permit applications to ensure that the provisions of this ordinance will be satisfied. (2) Review all floodplain development permit applications to ensure that all necessary permits have been obtained from federal, state or local governmental agencies. (3) Record and maintain a record of: a) the elevation (in relation to national geodetic vertical datum) of the lowest floor of all new or substantially improved structures; or b) the elevation to which new or substantially improved structures have been floodproofed. (4) 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. (5) Keep a record of all permits, conditional uses, appeals, variances and such other transactions and correspondence pertaining to the administration of this ordinance. (6) 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. (7) Notify the federal insurance administration of any annexations or modifications to the community's boundaries as part of the annual report. (8) Review subdivision proposals to ensure such proposals are consistent with the purpose of this ordinance and advise the city council of potential conflicts. City of Dubuque 3-5 3-5 2. Floodplain Development Permit: a. 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. b. Application For Permit: Application for a floodplain development permit shall be made on forms supplied by the administrator and shall include the following information: (1) Description of and plans for the work to be covered by the permit for which application is to be made. (2) Description of the land on which the proposed work is to be done (i.e., lot, block, tract, street address or similar description) that will readily identify and locate the work to be done. (3) Identification of the use or occupancy for which the proposed work is intended. (4) Elevation of the 100 -year flood. (5) 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. (6) For structures being improved or rebuilt, the estimated cost of improvements and market value of the structure prior to the improvements. (7) All certifications by a professional engineer registered in the state of Iowa as required by this ordinance. (8) Such other information as the administrator deems reasonably necessary for the purpose of this ordinance. c. 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 ordinance and shall approve or disapprove the application. For disapprovals, the City of Dubuque 3-5 3-5 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 adjust- ment. d. 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 ordinance. Any use, arrangement, or construction in conflict with that authorized shall be deemed a violation of this ordinance. O. Zoning Board Of Adjustment Action: The zoning board of adjustment shall hear and decide applications for conditional uses, appeals and variances. 1. Conditional Uses: Requests for conditional uses shall be submitted to the administrator, who shall forward such to the zoning board of adjustment for consideration. Such requests shall include information ordinarily submitted with applications as well as any additional information deemed necessary to the zoning board of adjustment. 2. 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 ordinance, the aggrieved party may appeal such action. The notice of appeal shall be filed with the zoning board of adjustment 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 zoning board of adjustment all the papers constituting the record upon which the action appealed from was taken. 3. Variances: The zoning board of adjustment may authorize, upon request in specific cases, such variances from the terms of this ordinance that will not be contrary to the public interest, where owing to special conditions a literal enforcement of the provisions of this ordinance will result in unnecessary hardship. Variances granted must meet the following applicable standards: a. 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 City of Dubuque 3-5 3-5 flood levels shall be based upon the assumption that an equal degree of development would be allowed for similarly situated lands. b. Variances shall only be granted upon: 1) a showing of good and sufficient cause; 2) a determination that failure to grant the variance would result in exceptional hardship to the applicant; and 3) 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. c. A variance shall only be granted upon a determination that the variance is the minimum necessary considering the flood hazard, to afford relief. d. In cases where the variance involves a lower level of flood protection for structures than what is ordinarily required by this ordinance, the applicant shall be notified in writing over the signature of the zoning administrator that: 1) the issuance of a variance will result in increased premium rates for flood insurance up to amounts as high as twenty five dollars ($25.00) for one hundred dollars ($100.00) of insurance coverage; and 2) such construction increases risks to life and property. e. All variances granted shall have the concurrence or approval of the department of natural resources. 4. Zoning Board Of Adjustment Decisions: In passing upon requests for conditional uses and variances, the zoning board of adjustment shall consider all relevant factors specified in other sections of this ordinance and: a. The danger to life and property due to increased flood heights or velocities caused by encroachments. b. The danger that materials may be swept onto other lands or downstream to the injury of others. c. The proposed water supply and sanitation systems and the ability of these systems to prevent disease, contamination and unsanitary conditions. d. 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 3-5 3-5 e. The importance of the services provided by the proposed facility to the community. f. The requirements of the facility for a floodplain location. g. The availability of alternative locations not subject to flooding for the proposed use. h. The compatibility of the proposed use with existing development and development anticipated in the foreseeable future. i. The relationship of the proposed use to the comprehensive plan and floodplain management program for the area. j. The safety of access to the property in times of flood for ordinary and emergency vehicles. k. The expected heights, velocity, duration, rate of rise and sediment transport of the floodwater expected at the site. I. Such other factors which are relevant to the purpose of this ordinance. 5. Conditions Attached To Conditional Uses Or Variances: Upon consideration of the factors listed above, the zoning board of adjustment may attach such conditions to the granting of conditional uses and variances as it deems necessary to further the purpose of this ordinance. Such conditions may include, but not necessarily be limited to: a. Modification of waste disposal and water supply facilities; b. Limitation on periods of use and operation; c. Imposition of operational controls, sureties and deed restric- tions; d. 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 alterative to achieving the purposes of this ordinance; and e. 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 City of Dubuque 3-5 3-5 forces, and other factors associated with the regulatory flood and that the applicant submit a plan or document certified by a professional engineer registered in the state of Iowa that the floodproofing measures are consistent with the regulatory flood protection elevation and associated flood factors for the particular area. P. Definitions: Unless specifically defined below, words or phrases used in this ordinance shall be interpreted so as to give them the meaning they have in common usage and to give this ordinance its most reasonable application. BASEMENT: Any enclosed area of a structure which has its floor or lowest level below ground level (subgrade) on all sides. See also definition of Lowest Floor. DEVELOPMENT: Any manmade change to improved or unimproved real estate, including, but not limited to, buildings or other structures, the storage of equipment or materials, mining, dredging, filling, grading, paving, excavation or drilling operations. FACTORY Any structure, designed for residential use, BUILT HOME: which is wholly or in substantial part, made, fabricated, formed or assembled in manu- facturing facilities for installation or assembly and installation on a building site. For the purpose of this ordinance, "factory built homes" include mobile homes, manufactured homes and modular homes and also include park trailers, travel trailers and other similar vehicles placed on a site for greater than one hundred eighty (180) consecutive days. FACTORY BUILT HOME PARK: FLOOD: A parcel or contiguous parcels of land divided into two (2) or more factory built home lots for rent or sale. A general and temporary condition of partial or complete inundation of normally dry land areas resulting from the overflow of streams or rivers City of Dubuque 3-5 3-5 or from the unusual and rapid runoff of surface waters from any source. FLOOD The elevation floodwaters would reach at a ELEVATION: particular site during the occurrence of a specific flood. For instance, the 100 -year elevation is the elevation of floodwaters related to the occurrence of the 100 -year flood. FLOOD INSURANCE RATE MAP: FLOOD INSURANCE STUDY: The official map prepared as part of (but published separately from) the flood insurance study which delineates both the flood hazard areas and the risk premium zones applicable to the community. A study initiated, funded, and published by the federal insurance administration for the purpose of evaluating in detail the existence and severity of flood hazards; providing the city with the necessary information for adopting a floodplain management program; and establishing actuarial flood insurance rates. FLOODPLAIN: Any land area susceptible to being inundated by water as a result of a flood. FLOODPLAIN An overall program of corrective and preventive MANAGEMENT: measures for reducing flood damages and promoting the wise use of floodplains, including, but not limited to, emergency preparedness plans, flood control works, floodproofing and floodplain management regulations. FLOODPROOF- Any combination of structural and nonstructural ING: additions, changes, or adjustments to struc- tures, including utility and sanitary facilities, which will reduce or eliminate flood damage to such structures. FLOODWAY: The channel of a river or stream, and those por- tions of the floodplains adjoining the channel, which are reasonably required to carry and discharge floodwaters or flood flows so that confinement of flood flows to the floodway area City of Dubuque 3-5 3-5 will not result in substantially higher flood levels or flow velocities. FLOODWAY Those portions of the floodplain, other than the FRINGE: floodway, which can be filled, leveed, or other- wise obstructed without causing substantially higher flood levels or flow velocities. LOWEST The floor of the lowest enclosed area in a FLOOR: structure including a basement, except when all the following criteria are met: NEW CONSTRUC- TION: 1. The enclosed area is designed to satisfy the provisions of subsection L2b(1) of this section; and 2. The enclosed area is unfinished (not carpeted, drywalled, etc.) and used solely for low damage potential uses such as building access, parking or storage; and 3. Machinery and service facilities (e.g., hot water heater, furnace, electrical service) contained in the enclosed area are located at least one foot (1') above the 100 -year flood level; and 4. The enclosed area is not a "basement" as defined in this section. In cases where the lowest enclosed area satisfies criteria 1, 2, 3, and 4 of this definition, the lowest floor is the floor of the next highest enclosed area that does not satisfy the criteria above. Those structures or development for which the start of construction commenced on or after the effective date of the flood insurance rate map (September 6, 1989). 100 -YEAR A flood, the magnitude of which has a one FLOOD: percent (1%) chance of being equalled or exceeded in any given year or which, on the City of Dubuque 3-5 3-5 average, will be equalled or exceeded at least once every one hundred (100) years. STRUCTURE: Anything constructed or erected on the ground or attached to the ground, including, but not limited to, buildings, factories, sheds, cabins, factory built homes, storage tanks, and other similar uses. SUBSTANTIAL Damage of any origin sustained by a structure DAMAGE: whereby the cost of restoring the structure to its before damaged condition would equal or exceed fifty percent (50%) of the market value of the structure before the damage occurred. SUBSTANTIAL IMPROVE- MENT: Any improvement to a structure which satisfies either of the following criteria: 1. Any repair, reconstruction, rehabilitation, addition or improvement of a structure, the cost of which would equal or exceed fifty percent (50%) of the market value of the structure either: a) before the improvement or repair is started; or b) if the structure has been damaged, and is being restored, before the damage occurred. For the purposes of this definition, "substantial improvement" is considered to occur when the first alteration affects the external dimensions of the structure. The term does not, however, include any project for improvement of a structure to comply with existing state or local health, sanitary, or safety code specifications which are solely necessary to assure safe conditions for the existing use. 2. Any addition which increases the original floor area of a building by twenty five percent (25%) or more. All additions constructed after September 6, 1989, shall be added to any proposed addition in determining whether the total increase in original floor space would exceed twenty five percent (25%). City of Dubuque 3-5 3-5 3-5.4. POS Public Open Space District: A. General Purpose And Description: The POS district is intended to provide open space for passive recreation, to protect and conserve natural, historic or cultural resources, to provide habitat for wildlife, to prevent development in environmentally sensitive locations such as bluffs, wetlands, floodplains and drainageways; to serve as a buffer between differing land uses or to provide natural beauty in an urban environment. B. Principal Permitted Uses: The following uses shall be permitted in the POS district: Public or private parks or similar natural areas supporting passive recreation uses. Railroads and public or quasi -public utilities, but not including offices or storage areas. C. Accessory Uses: The following uses shall be permitted as accessory uses as provided in section 4-1 of this ordinance: Any use customarily incidental and subordinate to the principal use it serves. D. Conditional Uses: Recreational uses of a more active nature which may require the use of permanent equipment or facilities but which would not attract large numbers of participants requiring the provision of off street parking. E. Temporary Uses: Sporadic uses of a recreational or amusement nature. F. Bulk Regulations: No structure, including recreational equipment, shall be located less than twenty five feet (25') from any property line. G. Parking Requirements: None. City of Dubuque 3-5 3-5 H. Signs: On premises signs: None. Temporary signs: None. 3-5.5. Planned Unit Development District (PUD): A. General Purpose And Description: The planned unit development (PUD) district is intended to encourage flexible and innovative design in the development of appropriate sites as integrated project units. Regulations for this district are designed: 1. To allow a workable, interrelated mix of diverse land uses; 2. To encourage flexibility in design for efficiency and cost savings for the developer and the community; 3. To maximize the potential for large scale office, residential, commercial and industrial development and at the same time reduce to a minimum the impact of the development on surrounding land uses and the natural environment; 4. To encourage new development to preserve and utilize existing land characteristics and features which offer visual recreational benefits or other amenities; 5. To promote the economic, attractive, innovative and harmonious arrangement and design of new buildings, streets, utilities and other improvements or structures; 6. To provide a living, working and shopping environment within the layout of the site that contributes to a sense of community and a coherent lifestyle; 7. To provide for the creation and preservation of more and larger usable public or common open spaces than would normally be provided under conventional development; 8. To encourage the careful design and planning of larger development projects; 9. To give developers reasonable assurances regarding project approvals before the unnecessary expenditure of design efforts, while providing the city with appropriate assurances that approved City of Dubuque 3-5 3-5 PUDs will retain the character envisioned at the time of project approval. Property may be reclassified to the planned unit development designation when the proposed development plan will promote the purpose of the district and this ordinance and is formulated in conformance with the review procedures and standards of this section. B. General Requirements: A PUD may be established on any parcel over two (2) acres for residential, office, commercial or industrial development. A PUD is required for all retail commercial uses open to the public or members which have over sixty thousand (60,000) square feet of building area. A PUD is also required for regional shopping centers, multi -family structures over twelve (12) units per building, biofuels production facilities, new industrial parks and new office parks. Any structure existing at the time of adoption of this ordinance' which is expanded for retail commercial use to over sixty thousand (60,000) square feet of building area and which expansion constitutes an increase of twenty five percent (25%) or more to the building area shall be subject to these general requirements, including rezoning to PUD. Such PUD district designation(s) shall be shown on the official zoning map as a P followed by a letter designating the primary use, C (commercial), 0 (office), I (industrial), or R (residential); therefore, showing a PR, PO, PI or PC designation. C. Permitted Uses: Each planned unit development shall allow any principal permitted use allowed by the zoning ordinance, which by design and use and restriction is compatible with all adjacent uses, and which is specifically listed in the ordinance adopted for the PUD. In all PUDs, the following uses are also permitted: Accessory buildings and uses customarily incidental to a permitted use. 1. Reference is to ordinance 17-07 adopted April 16, 2007. City of Dubuque 3-5 3-5 Group daycare centers; provided, that no group daycare center may be located in or adjacent to any structure or storage area where hazardous materials are present. Temporary uses related to the construction of PUD improvements, and to principal permitted uses in the PUD. D. Development Regulations: Lots, uses, signs and structures shall conform to the bulk, sign, parking and any other development regulations specifically provided in the ordinance establishing a particular PUD district or in ordinances adopted pursuant thereto; however, PUD districts established prior to adoption of this ordinance without specific bulk, sign, parking and other development regulations shall be regulated by said regulations of the most compatible district allowing the existing uses which are in the PUD. In all PUDs, the following minimum standards shall be met: 1. General Standards: a. The density and design of the PUD shall be compatible in use, size and type of structure, relative amount of open space, traffic circulation and general layout with adjoining land uses, and shall be integrated into the neighborhood. b. The PUD shall take into consideration the impact in existing streets and utilities. c. The economic, environmental and neighborhood impacts of the development shall be considered. d. The PUD shall conform with the adopted long range comprehensive plan. 2. Specific Standards: a. Maximum land coverage of all buildings and impermeable areas shall be established. b. Minimum open space shall be established and continued maintenance of the open space shall be provided in the specific PUD ordinance. ("Open space" means land area of the PUD not covered by buildings, parking or vehicular maneuvering areas, but including stormwater detention basins, recreational and pedestrian areas, City of Dubuque 3-5 3-5 natural features, such as watercourses, woodlands, bluffs, etc., and private yards, if any.) c. Minimum interior and perimeter setbacks shall be established. d. Structures, other than single-family, adjacent to existing single-family dwellings must be adequately screened and landscaped. e. Sign regulations for the PUD development shall be established. f. Provision for the continued maintenance of all improvements shall be noted within the ordinance establishing the PUD district. 3. Other Conditions: Other conditions may be required, if found necessary to protect and promote the best interests of the surrounding property or the neighborhood. These conditions may include, but are not limited to, the following: a. Improvement of traffic circulation for vehicles and pedestrians in the proposed development and adjoining properties and streets. b. Specific landscaping/screening/lighting requirements to maintain privacy or reduce impacts in adjoining properties. c. Joint use of private open space or amenities by adjoining property owners. 4. Special Conditions For Retail Commercial Uses And Regional Shopping Centers: Special conditions shall apply to retail commercial uses over sixty thousand (60,000) square feet of building area and to regional shopping centers: a. Sales And Display Areas: No area outside of the building other than the front facade may be used for the sales or display of merchandise unless a temporary use permit has been obtained from the city of Dubuque. b. Sidewalks, Walkways, Entrances And Gathering Areas: Sidewalks adjacent to the front facade shall be not less than ten feet (10') wide and shall connect by sidewalks not less than five feet (5') wide to public sidewalks and adjoining retail buildings. Sidewalks shall be concrete or other approved hard surface; asphalt shall be prohibited. Walkways, entrances, and gathering areas shall have City of Dubuque 3-5 3-5 shade features other than landscaping, such as trellis structures, projecting canopies, covered arcades and porticos. c. Transit Facilities: The building site shall include a bus and paratransit stop/transfer point at a location adjacent to the building approved by the city manager. A shelter that is consistent in design and construction with the building shall be installed at the property owner's expense at the sole discretion of the city manager. It shall be within the sole discretion of the city manager whether it is used as a bus and paratransit stop and/or transfer point and at what time it shall be used. An easement or other arrangement acceptable to the city shall be granted for location, maintenance, and unrestricted use of said transit facilities by the city transit system. These facilities may be installed at any point in time at the sole discretion of the city manager. d. Bicycle Paths And Parking: The building site shall include bicycle paths connected to the city's planned and existing bike trail system. Flexibility in the timing of construction of said bicycle paths may be allowed at the sole discretion of the city manager. Unless the paths are exclusively for bicycle use, they shall be appropriately marked with painted lanes. The building site shall include sheltered bicycle areas with rack(s) for securing bicycles located near the entrance to the building. 5. Design Standards For Big Box Retail Uses: Prior to the commencement of construction of any retail commercial uses or regional shopping centers which have over one hundred thousand (100,000) square feet of building area, the applicant shall submit plans for construction for review by the city council. Any structure existing at the time of adoption of this ordinance which is expanded for retail commercial use to over one hundred thousand (100,000) square feet of building area and which expansion constitutes an increase of twenty five percent (25%) or more to the building area shall be subject to these design standards. The applicant shall not commence any such construction unless the city council determines that the plan complies with the following standards for aesthetic and visual characteristics: a. Definitions Of Facades: For purposes of this section, the facades of a building shall be defined as follows: City of Dubuque 3-5 3-5 FACADE: The portion of any exterior elevation on the building extending from grade to the top of the parapet, wall or eaves and extending the entire length of the building. FRONT The front or principal face of a building, FACADE: containing the main entrance; any building face, which can be touched by a line drawn perpendicular to street (public or private). REAR FACADE: The face of a building extending along the rear of the lot or site, containing employee and service entrances, loading docks, etc. SIDE FACADE: The face of a building extending from the front facade to the rear facade of the building. b. Facades: The building facades shall be designed in a way that will reduce the massive scale and minimize a uniform and impersonal appearance of the building, and that will provide visual interest consistent with the community's identity, character, and scale. Facades of one hundred feet (100') or longer shall be broken up with projections or recessions not less than five feet (5') in depth, and in sufficient number, to reduce the unbroken massing into lengths of forty feet (40') or less along all sides of the building. Projections from the facade can be used as an alternate approach. The front facade shall include windows, arcades, awnings, projecting canopies, covered walkways, porticos, or other acceptable features along at least sixty percent (60%) of the front facade length and over at least twenty five percent (25%) of the front facade area. Except for entrances to the building, any part of the front facade higher than eleven feet (11') shall give the visual exterior appearance of having more than one floor for each additional eleven feet (11') in height, i.e., a twenty two foot (22') high building shall give the appearance of a two-story building. Arcades and other weather protection features shall be of sufficient depth and height to provide a light filled and open space along the front facade. Architectural treatment, similar to that provided to the front facade, shall be provided to the side facades to mitigate any negative view from any location off site and any public area (e.g., parking lots, walkways, etc.) on site. City of Dubuque 3-5 3-5 A landscape buffer of evergreens approved by the city council shall be required along the property line to screen service areas and rear facades from the adjacent property. c. Detail Features: The building shall include architectural features that contribute to visual interest at the pedestrian scale and reduce the massive aesthetic effect by breaking up the building wall, front, and side, with color, texture change, wall offsets, reveals, or projecting ribs. d. Roofs: The roof design shall provide variations in rooflines, add interest to, and reduce the massive scale of, large buildings. Roofs shall include two (2) or more roof planes. Parapet walls shall be architecturally treated to avoid a plain, monotonous look. The roof design shall further provide for a "green roof", herein defined as a roof of a building that is not less than fifty percent (50%) covered with vegetation and soil, or a growing medium, planted over a waterproofing membrane. It may also include additional layers such as a root barrier and drainage and irrigation systems. Unhealthy or dead vegetation shall be removed within seven (7) days and replaced with suitable new plant materials at the earliest practical time, but not longer than nine (9) months, based on the appropriate season. e. Materials And Color: The building shall have exterior building materials and colors that are aesthetically pleasing and compatible with materials and colors that are used in adjoining neighborhoods. This includes the use of high quality materials and colors that are low reflective, subtle, neutral, or earth tone. Certain types of colors shall be avoided such as fluorescent or metallic although brighter colors in limited quantities may be used on building trim and as accents at the discretion of the city council. Construction materials such as tilt up concrete, smooth faced concrete block, prefabricated steel panels, and other similar materials shall be avoided unless the exterior surface incorporates an acceptable architectural treatment. Not less than seventy five percent (75%) of the front of the building and fifty percent (50%) of the sides of the building shall be brick or stone. f. Entryways: The building design shall provide design elements which clearly indicate to customers where the entrances are located City of Dubuque 3-5 3-5 and which add aesthetically pleasing character to buildings by providing highly visible customer entrances. g. Screening Of Mechanical Equipment: Mechanical equipment shall be screened to mitigate noise and views in all directions. If roof mounted, the screen shall be designed to conform architecturally to the design of the building either with varying roof planes or with parapet walls. A wood fence or similar treatment is not acceptable. h. Parking Lots: Parking Tots fronting on public streets shall be set back twelve feet (12') from the right of way and eight feet (8') from internal drives measured from the edge of the paving. A landscaped buffer strip at least twelve feet (12') wide shall be provided between all surface parking areas and the sidewalk or street. The buffer strip shall consist of landscaped earth berms, shade trees, low shrubs and/or perennial flowers (3 feet in height maximum), and a decorative metal fence no more than four feet (4') high supported between decorative masonry columns. Use of biofiltration methods of landscape and drainage is encouraged. A landscape buffer at least twelve feet (12') wide shall be provided along the rear and sides of all surface parking lots. The area shall be planted with shade trees, coniferous trees, and deciduous and/or evergreen shrubs. Parking bays in excess of eleven (11) spaces in length shall be divided by intermediate landscaped islands at intervals of eleven (11) spaces. For single parking bays, landscaped islands shall provide at least one parking space of landscape area (9 x 18 feet) and shall be planted with one ornamental/dwarf tree, low shrubs, perennial flowers and/or ground cover/ornamental grasses (3 feet in height maximum). For double parking bays, both the end landscaped islands and the intermediate landscaped islands shall provide a double parking space of landscape area (9 x 36 feet) and shall be planted with one shade tree or two (2) ornamental/dwarf trees, low shrubs, perennial flowers and/or ground cover/ornamental grasses (3 feet in height maximum). All parking lot landscaping shall comply with city standards, be mulched to a depth of four inches (4") with high quality, finely shredded mulch and shall be watered by an automatic, underground irrigation system. City of Dubuque 3-5 3-5 Unhealthy or dead landscape plantings shall be removed as soon as possible (within 7 days). Unhealthy landscape plantings and lawns shall be replaced with suitable new plant materials at the earliest practical time (within maximum of 9 months) based on the appropriate season. i. Employee Parking: The applicant shall provide for employee parking behind the building. j. Amenities: The building site shall include at least one public gathering space, such as a patio seating area, pedestrian plaza with benches, outdoor play area, and not less than two (2) public space amenities, such as kiosks, a water feature, a clock tower, or a landscaped site for public artwork. Pedestrian public space shall be shaded, landscaped, and screened. The size of the public gathering space shall not be less than one percent (1%) of the gross enclosed building area. Any conflict between these standards and the PUD ordinance shall be resolved in favor of the stricter standard. In determining whether the plan complies with the above standards, the city council may accept alternative or substitute features which have a comparable aesthetic and visual effect in Tight of the location and topography of a particular site. 6. Standards For Biofuels Production Facilities: Prior to the commencement of construction of any biofuels (including, but not limited to, ethanol and biodiesel) production facility, the applicant shall submit plans for construction for review by the city council. The applicant shall not commence any such construction unless the city council determines that the plan complies with the following standards intended to protect the health, safety, and general welfare of the residents of Dubuque: a. A traffic impact analysis shall be provided by the applicant. b. Access to the facility shall be paved. c. The applicant shall provide documentation sufficient to demonstrate that the paving of public right of way between the facility and designated truck route(s) is sufficient to carry, without damage to the roadway, the weight, size and frequency of the loads of grain and liquid and any byproduct entering or leaving the facility by truck. City of Dubuque 3-5 3-5 d. If the public right of way is not capable of carrying the weight, size and frequency of said loads, then the applicant may be required to make upgrades to the paving in order for the pavement to handle the weight, size and frequency of said loads. e. The applicant shall acquire sufficient right of way and construct all turning lanes and traffic signals necessary to handle the increase in truck traffic. f. The applicant shall attest in writing that the facility shall be operated and maintained in compliance with all applicable federal and state environmental standards and regulations. g. The applicant shall provide a dimensioned map that indicates the dispersal of steam, smoke, or other discharge from the facility based on the prevailing winds, and describe what air pollution control equipment will be provided. Biomass and natural gas fired facilities are preferred to coal fired facilities. h. The applicant shall provide a dimensioned site lighting plan indicating proposed illumination patterns and light levels on the facility site and in the environs surrounding the site. Illumination of parking and other on site facilities shall be controlled by cutoff style luminaries that reduce off site spillover of light. Illumination at the property line shall not exceed approximately one foot-candle. i. All fuel storage tanks shall be located in a manner that will not allow for contamination of any ground water or surface water. j. All fuel storage tanks shall be within an impermeable containment levee system, in a manner compliant with all federal, state, and local rules and regulations. E. Procedure For District Establishment And Expansion: 1. Preapplication Conference: Prior to any application for PUD district establishment, the applicant and/or their representative shall meet with planning services staff to determine the applicability of the development, timing of procedure, and any other pertinent information appropriate to the proposal. 2. Application And Submission Of Conceptual Development Plan: After the preapplication conference, the application for PUD district establishment shall be filed with an appropriate filing fee with the City of Dubuque 3-5 3-5 planning services office. The application shall be submitted with a conceptual development plan, which shall include the following: a. Legal description and address of property. b. Name, address and phone number(s) of the property owner(s). c. Number, type and general location of residential units. d. General location and type of nonresidential uses including commercial, office and industrial uses. e. General location and type of recreational (passive and active) and open space (usable and nonusable) areas. f. Location of existing infrastructure and utilities, including: streets with appropriate grades, sidewalks; access drives; water, sanitary sewer and storm sewer drainage systems, where appropriate. g. Proposed access to public right of way, including approximate grades, traffic projections and general indication of traffic control measures. h. Sketches to indicate the general design of building types and the overall character of development. i. Existing contours of the property taken at regular contour intervals. j. Proposed parking facilities, including surface Tots, ramps and loading/delivery areas. k. Location of natural features, including woods, bluffs, waterway courses, floodways and meadows. I. Conceptual landscape plan showing berms, plantings and fences. m. Proposed development conditions for bulk, sign and parking regulation. n. A location map or other framing at appropriate scale showing the general location and relation of the property to surrounding City of Dubuque 3-5 3-5 areas, including the zoning and land use pattern of adjacent properties, the existing street system in the area, and location of nearby public facilities. o. Other information as required by the city planner as necessary. 3. Commission Hearing: A public hearing shall be held by the zoning commission on the PUD application in the same manner and with the same public notice procedure as required for zoning reclassification. F. Plan Approval Standards: The zoning commission and city council shall not approve the PUD application plan unless and until the commission and council determine that the conceptual development plan conforms to each of the following standards: 1. The conceptual development plan is in substantial conformance with adopted comprehensive plan to guide the future growth and development of Dubuque. 2. The proposed development is designed so as to be functionally integrated with existing city streets, sanitary and storm sewer and water service. 3. The proposed development shall not interfere with the appropriate use and enjoyment of property on abutting districts. 4. The conceptual development plan will not violate any provision or requirement of the zoning ordinance. 5. Natural drainage areas are retained as appropriate and improved if necessary. 6. Due consideration is given to preserving natural site amenities and minimizing the disturbance to the natural environment. 7. Existing trees are preserved wherever possible, and the location of trees will be considered in designing building locations, underground services, and paved areas. 8. If the development includes floodplain areas, they shall be preserved as permanent open space. 9. Due consideration is given to the natural topography and major grade change is and will be avoided. If the development includes City of Dubuque 3-5 3-5 hillsides and slopes, special evaluation is given to geological conditions, erosion and topsoil loss. 10. If unfavorable development conditions exist, the commission and city council may restrict clearing, cutting, filling, or other substantial changes in the natural conditions of the affected area. G. Commission Recommendation: The zoning commission's recommendation shall be transmitted to the city council with a statement of reasons in support of, or in opposition to, the application, and with recommended conditions or restrictions to be included in an ordinance authorizing the PUD district. The conditions or restrictions shall include, but not be limited to: • Time limitations, if any, for submission of final site plans and commencement of construction. • Uses permitted in this district. • Lot, bulk and performance standards for the development and operation of the permitted uses. • Requirement that any transfer of ownership or lease of property in the district include in the transfer or lease agreement a provision that the purchaser or lessee acknowledges awareness of the conditions authorizing the establishment of the district. • The submittal and approval of a final site plan may be required by the zoning commission to determine if the final detailed plans are in conformance with the conceptual development plan. H. Council Action: 1. Upon the recommendation of the zoning commission, the city council shall act in the manner provided by law to approve or dis- approve the requested PUD zoning reclassification of the property. The affirmative vote of at least three-fourths (3/4) of all the membership of the council shall be necessary to approve the con- ceptual development plan when the commission has recommended disapproval thereof, or to remove any conditions, requirements, or limitations imposed by the commission in approving the conceptual development plan. The ordinance authorizing the establishment of a City of Dubuque 3-5 3-5 PUD district shall be recorded in the office of the Dubuque County recorder at the applicant's expense. 2. Approval of the conceptual development plan shall be valid for the time established in the adopting ordinance. The commission may grant an extension of the new conceptual development plan in conformity with the procedures and standards of this section. 3. A new or amended conceptual development plan may be filed at any time within the period of time as established by the adopting ordinance and shall follow the same procedure as for the original submittal. Development According To Final Site Plan: 1. Submission Of Final Site Plan: After passage of the ordinance authorizing the establishing of a PUD district by the city council, the applicant shall submit a final site plan to the city planner within the period of time, if any, specified in said ordinance. The final site plan shall be in substantial conformance with approved conceptual development plan. 2. Site Plan Review: No building permit shall be issued for any site unless a final site plan has been submitted and approved in accordance with the provisions of section 4-4 of the zoning ordinance and unless such plan conforms with the conditions of the adopted conceptual development plan and PUD ordinance. 3. Construction Of Improvements And Posting Of Bond: No buildings may be erected and no uses may occupy any portion of the PUD district until the required related off site improvements are constructed or appropriate security as determined by the city manager is provided to ensure construction. If the PUD district is to be developed in phases, all improvements necessary for the proper operation and functioning of each phase, even though some improvements may be located outside of the section, must be constructed and installed or appropriate security as determined by the city manager must be provided to ensure their construction. 4. Time Limitation: If substantial construction or development does not begin within the period of time specified in the ordinance authorizing the establishment of the district or in the ordinance adopted pursuant thereto, the city council may, on its motion or on a recommendation of the zoning commission, rezone the property or any portion thereof to the zoning district classification that prevailed City of Dubuque 3-5 3-5 prior to the approval of the PUD classification, with proper notification to the property owner(s), in the same manner as zoning reclassification. 5. Extension Of Time Limitation: The time limitation specified in the ordinance authorizing the establishment of the PUD for submission of final site plans and for completion of construction may be extended by the zoning commission upon a showing of good cause. 6. Changes From Plan: After recording of a final site plan, changes consistent with the purpose or intent of this section may be approved by the city planner. Substantial changes affecting the purpose or intent of the section shall require a new application to be filed. 3-5.6. ROD Fourth Street Peninsula Redevelopment Overlay District: A. Purpose: The purpose of the ROD Fourth Street peninsula redevelopment overlay district is to accommodate change and encourage development, to reduce obstacles to desirable development, to avoid creation of nonconformity, and to avoid land use conflicts created by mixed use development. B. Description Of ROD: The ROD Fourth Street peninsula redevelopment overlay district comprises four (4) subareas as shown on exhibit 1, incorporated herein by reference as if set out at length. Each subarea has one or more overlay zoning district designations which supplement, but do not replace the underlying zoning district except as otherwise provided herein. Exhibit 1 also shows the underlying zoning district and the overlay zoning districts for each subarea. The underlying zoning district is the zoning district in effect at the time of passage of this ROD ordinance, or as amended. Such overlay zoning district designations are shown on the official zoning map as the name of the district (for example, OC) followed by "-R" (for example, OC -R). C. Selection Of Overlay Zoning District: 1. Subject to the requirements of this section, a property owner is permitted those uses of a property in accordance with the regulations of one overlay zoning district in lieu of the regulations for the underlying zoning district without the need for further rezoning. 2. The development rights allowed under the regulations of the overlay zoning district and the development rights allowed under the regulations of the underlying zoning district are mutually exclusive City of Dubuque 3-5 3-5 and not cumulative. An application for a building permit or a change in use of a property must be in conformity with the provisions of either the underlying zoning district or one of the overlay zoning districts, but not a combination of the two (2). Such application for a building permit or the change in use of a property may be requested only by the owner of the property. Any application for a building permit or a change in use requires submission of an application for such change in use to the planning services department. 3. At the time of issuance of a building permit or approval of an application for a change in use for a use permitted under the regulations of the selected overlay zoning district, the underlying zoning classification on the parcel shall automatically cease. The city planner shall remove the existing underlying zoning district from the official zoning map at the next regular updating thereof, and establish the overlay zoning district chosen as the new underlying zoning district for the property. The property owner may later select other overlay zoning districts applicable to the subarea subject to the requirements of this section. 4. A planned district, as the underlying zoning district or as one or more of the overlay zoning districts, shall require review of a conceptual development plan by the zoning commission and city council as for any planned district reclassification or amendment. D. Reclassification To Original Underlying Or Any Other Zoning District: Any person may request a reclassification of property within the ROD Fourth Street peninsula redevelopment overlay district from an overlay zoning district to the original underlying zoning district or any other zoning district listed in section 2-1 of the zoning ordinance. The procedure for such a reclassification shall be that established by chapter 6 of this ordinance. The ROD shall remain in place regardless of the new underlying zoning district. E. Review Of The Redevelopment Overlay District: The ROD may be reviewed by the city council within five (5) years of the establishment of the ROD to determine if the ROD has been an effective aid to development. The city may initiate zoning reclassification proceedings to any zoning district listed in section 2-1 of this ordinance. The procedure for such a reclassification shall be that established by chapter 6 of this ordinance. F. Conditions Of Development: 1. Conditions of development shall, at a minimum, be those conditions described herein. The ROD or any subarea within the City of Dubuque 3-5 3-5 ROD may have alternative or additional conditions of development. The conditions of development shall apply to all property in the ROD, whether or not development is occurring under the regulations of the underlying zoning district or an overlay zoning district. Notification of any change in use, whether it is permitted by the selected overlay zoning district or the underlying zoning district, must be submitted to the planning services department prior to commencement of the change in use to ensure compliance with this section. 2. Unless alternative or additional conditions of development are specified herein, the bulk regulations of either the underlying zoning district if no overlay zoning district is selected as provided herein, or the selected overlay zoning district if an overlay zoning district is selected as provided herein shall apply, but not a combination of the two (2). The conditions of development described herein shall supplement the general site development standards and landscaping and screening requirements established in chapter 4 of this ordinance. 3. No building permit shall be issued or a change in use allowed for any property within the ROD unless the conditions of development have been complied with or exceptions have been approved by the city development review committee when a special need or circumstance is demonstrated. This does not, however, eliminate the need for a variance or conditional use permit, if necessary, as set forth in chapter 5 of this ordinance. a. Lot Size: As per the underlying zoning district if no overlay zoning district is selected as provided herein or the selected overlay zoning district if an overlay zoning district is selected as provided herein. b. Setbacks: As per the underlying zoning district or the selected overlay zoning district, if an overlay zoning district is selected as provided herein; provided, that off street parking and permitted signage must maintain a minimum setback of three feet (3') from all property lines. The design of all development shall carefully consider the relationship of any structure to other buildings, streets, pedestrianways, open space, landscaping and view preservation as affected by setbacks. c. Lot Coverage: As per the underlying zoning district, if no overlay zoning district is selected as provided herein or the selected overlay zoning district if an overlay zoning district is selected as provided herein. City of Dubuque 3-5 3-5 d. Building Height: As per the underlying zoning district, if no overlay zoning district is selected as provided herein or the selected overlay zoning district if an overlay district is selected as provided herein. e. Restrictions On Heavy Industrial Land Uses: The following land uses shall be prohibited in the ROD: slaughterhouses; stockyards; sanitary landfills; sewage treatment plants; crematoriums; reduction plants; forges and smelters (except foundries); junkyards; salvage yards; and manufacturing or processing of acid, lime or lime products, coke, coal tar, creosote, cellulose or celluloid products, detergent, ammonia or chlorine. Any new grain/barge terminals shall be established as a conditional use as set forth in chapter 5 of this ordinance following the adoption of the ordinance establishing the ROD. f. Design/Construction: The design and construction of all development shall consider the architectural compatibility of the new development, in terms of building scale and height, building type or style, construction materials and site orientation, with existing significant construction. g. Landscaping: Landscaping shall provide visual and environmental relief in all parking areas, along streetscapes and as part of the total building setting. At least fifteen percent (15%) of the development site shall remain as permeable green space, except that any residential development shall retain at least twenty five percent (25%) green space. h. Screening: All outdoor storage, rubbish and garbage areas shall be permanently screened from view to a height of at least six feet (6'), preferably with a combination of wooden or masonry fencing, berms and live materials, as necessary, to promote the buffering goals of subsection F3n, "Compatibility Buffering", of this section. i. Pedestrian Linkages: Hard surface sidewalks or paths along streets or within the development site shall provide direct and logical connection to existing pedestrian systems and/or adjacent proper- ties. j. Traffic Interface: Service drives, loading zones and commercial/industrial truck traffic shall be designed and directed so that a minimal interface with personal vehicle and pedestrian traffic occurs. City of Dubuque 3-5 3-5 k. Parking: (1) Off street parking requirements set forth in this ordinance shall apply to all new development, except that up to a twenty percent (20%) reduction in required off street parking spaces may be allowed for those uses which can demonstrate a symbiotic relationship between existing development/parking facilities and the new development which allows and encourages shared parking and/or park and walk arrange- ments. (2) Temporary parking lots may be permitted with the approval of a site plan and temporary surfacing for not more than two (2) years if approved by the city planner, provided a bond or letter of credit for one hundred ten percent (110%) of the installation cost of a permanent parking lot first is provided to the planning services department. I. Underground Utilities: Existing and proposed utility distribution lines shall be placed underground where feasible. m. Exterior Premises: Exterior premises of all structures shall be free from nuisances, unsanitary conditions and hazards. All garbage and refuse shall be kept in appropriate covered and screened containers until collected. All open areas shall be either: 1) paved with impervious materials and graded so as to prevent pooling of water; or 2) covered and landscaped with vegetation sufficient to prevent erosion and the blowing of dust. n. Compatibility Buffering: It shall be the responsibility of the developer of the subject property to buffer the property by appropriate means from all adjacent properties. The developer shall bear the responsibility to assure a compatible fit with existing adjacent uses, whether or not the new use or development is occurring under the regulations of the underlying zoning district if no overlay zoning district is selected as provided herein or an overlay zoning district if an overlay district is selected as provided herein. o. Riverfront Access: Development along the riverfront shall make every effort to incorporate public access or viewpoints into the project to promote long range city planning efforts, yet acknowledging and recognizing private property rights along and into the river. City of Dubuque 3-5 3-5 p. Signs: Any other provisions of this ordinance to the contrary notwithstanding, signs in the redevelopment overlay district shall comply with the following schedules of ROD on premises and off premises sign regulations as shown in exhibit 2, incorporated herein by reference as if set out at length, for on premises signs and in exhibit 3, incorporated herein by reference as if set out at length, for off premises signs. These ROD sign requirements shall supersede the requirement specified in the underlying zoning district, any overlay zoning district or the Freeway 61/151 corridor SOD signage overlay district. 3-5.7. RROD RURAL RESIDENTIAL OVERLAY DISTRICT: A. Purpose: The purpose of the RROD rural residential overlay district is to accommodate change and encourage development, to reduce obstacles to desirable development, and to avoid creation of nonconformity. B. Description Of RROD: The RROD rural residential overlay district comprises the areas shown on exhibit 1, incorporated herein by reference as if set out at length. The overlay zoning district designation supplements, but does not replace the underlying zoning district except as otherwise provided herein. Exhibit 1 shows the underlying zoning district and the overlay zoning district. The underlying zoning district is AG agricultural district. The overlay zoning district is shown on the official zoning map as the name of the district (for example, AG) followed by "RROD" (for example, AG-RROD). C. Principal Permitted Use: The following use shall be permitted in this overlay district: Single-family residential dwelling (detached). D. Accessory Uses: The following uses shall be permitted as accessory uses as provided in chapter 4 of this ordinance: Any use customary, incidental and subordinate to the principal permitted use. E. Conditional Uses: The following conditional uses are permitted in this overlay district, subject to the provisions of chapter 5 of this ordinance and are the minimum requirements for application to the board of adjustment for a conditional use permit: City of Dubuque 3-5 3-5 Bed and breakfast home; provided, that: 1. The structure is either regulated by the historic preservation ordinance or is listed on the National Register of Historic Places; 2. The use is maintained within an owner occupied, single- family dwelling; 3. The structure has a minimum total floor area of four thousand five hundred (4,500) square feet, with not more than one sleeping room for each seven hundred fifty (750) square feet of floor area, with a maximum of three (3) sleeping rooms; 4. Signage shall be limited to one wall mounted sign not to exceed six (6) square feet in area, not internally illuminated, and with direct lighting only with a sharp cutoff luminance; 5. The permit shall not license the property for rental as a private club, museum, or tour home; and 6. Parking shall be provided at a rate of one space per guestroom. The parking shall be provided on site or on a street frontage of the property, and should not intensify parking problems in the neighborhood. Group daycare center; provided, that: 1. Forty (40) square feet of indoor floor area (excluding halls and bathrooms) is provided per child in areas occupied by cribs, thirty five (35) square feet of indoor area (excluding halls and bathrooms) is provided per child in areas not occupied by cribs times the licensed capacity; and seventy five (75) square feet of fenced outdoor recreation space is provided per child using the space at a given time; 2. The parking group requirements can be met; 3. Such facility shall supply loading and unloading of children so as not to obstruct public streets or create traffic or safety hazards; 4. All licenses have been issued or have been applied for awaiting the outcome of the board's decision; and City of Dubuque 3-5 3-5 5. Signage shall be limited to one nonilluminated, wall mounted sign not to exceed four (4) square feet in area. Keeping of horses or ponies; provided, that: 1. A minimum of two (2) acres of property is available for the first animal; 2. A minimum of 1.5 acres of additional property is available for an additional animal, up to a maximum of two (2) animals; and 3. A shelter of at least one hundred fifty (150) square feet and enclosed on at least three (3) sides shall be provided on the property. F. Temporary Uses: The following uses shall be permitted as temporary uses in this overlay district: Building or trailer for storage of materials and/or equipment necessary for construction authorized by a valid building permit, provided the location of the building or trailer has been approved by the building official. G. Selection Of Overlay District Use: 1. Subject to the requirements of this section, a property owner is permitted the above uses of a property in this overlay district in lieu of the regulations for the underlying zoning district without the need for further rezoning. 2. The uses allowed under the regulations of this overlay district and the uses allowed under the regulations of the underlying zoning district are mutually exclusive and not cumulative. 3. At the time of approval of an application for approval of a subdivision plat for a use permitted under the regulations of this overlay district, the underlying zoning classification on the subdivision shall automatically cease. The city planner shall remove the existing underlying zoning district from the official zoning map at the next regular updating thereof, and establish this overlay district as the new underlying zoning district for the property. H. Reclassification To Original Underlying Or Any Other Zoning District: Any person may request a reclassification of property within this City of Dubuque 3-5 3-5 overlay district to the original underlying zoning district or any other zoning district listed in section 2-1 of the zoning ordinance. The procedure for such a reclassification shall be that established by chapter 6 of the zoning ordinance. The overlay district shall remain in place regardless of the new underlying zoning district. Conditions: 1. The uses permitted in this overlay district are only allowed upon approval of a subdivision plat for the property. 2. The bulk regulations of the R-1 single-family residential district shall apply to uses permitted in the overlay district. 3. No building permit shall be issued for any use permitted in the overlay district unless these conditions have been complied with or a variance from these conditions is granted. (Ord. 13-85, 3-18-1985; Ord. 23-90, § 4, 3-19-1990; Ord. 31-90, § 1, 4-16-1990; Ord. 50-90, § 2, 6-4-1990; Ord. 70-90, §§ 1(a)—(d), 9-4-1990; Ord. 21-92, § 2, 3-2-1992; Ord. 12-93, § 2, 3-15-1993; Ord. 43-95, § 2, 7-3-1995; Ord. 4-02, § 1, 1-21-2002; Ord. 4-05, § 1, 2-21-2005; Ord. 72-06, § 1, 11-20-06; Ord. 17-07, §§ 1, 2, 4-16-2007; Ord. 19-07, § 1, 4-16-2007; Ord. 58-08, § 2, 9-18-2008) City of Dubuque 4-1 4-1 CHAPTER 4 SUPPLEMENTAL PROVISIONS SECTION: 4-1: Accessory Uses 4-2: Off Street Parking And Loading Regulations 4-3: Sign Regulations 4-4: Site Plan Review Provisions 4-5: Landscaping And Screening Requirements 4-6: Nonconformities In General 4-7: Home Occupations 4-8: Adult Entertainment Requirements And Definitions 4-9: Towers And Antennas 4-1: ACCESSORY USES: 4-1.1. Accessory Uses Permitted: A. In residential and office -residential districts (R through OR), accessory uses shall only be permitted as specifically authorized within each individual district of this ordinance. No accessory use shall be deemed to be authorized by this ordinance unless such use is subordinate to and on the same zoning lot with the principal use in conjunction with which it is maintained. B. In all other zoning districts, accessory uses shall be permitted with or without conditions if the city planner deems the use customarily incidental and subordinate to the principal use it serves. Such uses within nonresidential districts shall comply with the specific bulk regulations listed within the district in which it is located, except that gas and service stations shall be allowed pumps, pump islands and canopies in a required front yard subject to site plan review in section 4-4 of this ordinance, and satellite receiving dishes shall comply with the requirements established in subsection 4-1.5C of this ordinance. City of Dubuque 4-1 4-1 4-1.2. Location, Coverage And Height Of Accessory Uses, Buildings And Structures Within Residential And Office Residential Districts: A. Location: No accessory use, building, or structure permitted by this ordinance may be located in a required front yard, except as otherwise specifically authorized. No accessory building and no structure, equipment or material of any kind exceeding five feet (5') in height may be located in a required side yard. If satellite receiving dishes are attached to a roof of a principal building, then the height of said structure shall not exceed the highest point of the building on which it is mounted. Roof mounted satellite receiving dishes shall be limited to six feet (6') in diameter. B. Accessory Use/Building Coverage: The lot coverage of permitted accessory uses and/or buildings and the principal building it serves shall be calculated together for the purpose of complying with the specified lot coverage as a percent of lot area per each district. The maximum lot coverage shall not be exceeded within the district in which it is located and in no case shall permitted accessory building(s) exceed the lot coverage of the principal building it serves, with a maximum of one thousand (1,000) aggregate square feet for all detached structures. C. Accessory Building And Structure And Height Limitations: No accessory building or structure permitted by this ordinance shall exceed a height of fifteen feet (15') measured from ground level, except that for wind generators, no rotating or moving portion of the structure shall be closer than eight feet (8') to ground level unless a four foot (4') fence is provided around said structure regardless of whether or not a perimeter property fence is existing. (See diagram.) (see following page) City of Dubuque 4-1 4-1 GABLE ROOF OR l`ll P ROOF u� GAMBREL ROOF Satellite Receiving Dish 'y11y� y�} Solar Collector: Roof Mounted MANSARD ROOF 4 Y Solar Collector: Free Standing 4-1.3. Side And Rear Yard Setback For Detached Accessory Buildings, Structures And Uses Within Residential Districts: Side yard setbacks for all permitted accessory buildings, structures or uses shall be the same as required for the principal permitted use in the bulk regulations section of the specific zoning district. Rear yard setbacks for all permitted accessory buildings, structures or uses shall be six feet (6') for all zoning districts. 4-1.4. Residential Dwelling Prohibited In Accessory Buildings: No accessory building may be used for residential dwelling purposes at any time. 4-1.5. Site Plan Approval For Certain Accessory Uses: The following accessory uses and conditions established herein shall require site plan approval in accordance with section 4-4 of this ordinance prior to their establishment on the premises: A. Greenhouses over one hundred (100) square feet in area. B. Wind generators. City of Dubuque 4-1 4-2 C. Satellite receiving dishes; provided, that: 1. Not more than one ground mounted dish shall be placed on any lot less than one-half (1/2) acre; and 2. Dishes shall not exceed ten feet (10') in diameter; and 3. Dishes shall be made of noncombustible and corrosive resistant material and erected in a secure, wind resistant manner according to the specifications of the building official; and 4. Dishes shall not be used as signs or billboards (on or off premises signs); and 5. Ground mounted dishes shall only be permitted in rear yards, except that on corner lots dishes shall be allowed in side yards; and 6. Roof mounted satellite dishes shall be allowed in all nonresidential districts; provided, that the additional requirements shall apply: a. The height does not exceed the maximum height restrictions of buildings within the zoning district; and b. The dish location is a minimum of five feet (5') from any property line; and c. In lieu of a site plan, a building elevation drawing shall be required to indicate compliance with height and setback regulations; d. Shall not exceed either ten feet (10') in diameter for circular shapes or forty (40) square feet for other than circular shapes. D. Swimming pools. (Ord. 13-85, 3-18-1985; Ord. 78-86, §§ 1, 2, 10-6-1986; Ord. 3-91, § 1, 1-21-1991; Ord. 23-95, § 1, 4-3-1995; Ord. 70-02, § 1, 9-3-2002) 4-2: OFF STREET PARKING AND LOADING REGULATIONS: 4-2.1. General Purpose: The provisions of this section shall apply to uses within all zoning districts of the city. No such use shall be commenced, expanded or enlarged in any manner unless the off street parking and loading provisions of this section are complied with. City of Dubuque 4-2 4-2 4-2.2. Site Plan Required: A site plan shall be required for the construction or creation of any parking lot or the expansion of any existing parking lot in accordance with the site plan provisions of section 4-4 of this ordinance. 4-2.3. Computation Of Off Street Parking And Loading Requirements: The following provisions shall govern the computation of required off street parking and loading spaces: A. Where computation of required off street parking spaces results in a fractional number, the required spaces for the use shall be the next higher whole number. B. Where more than one use is established on a single lot, the off street parking and loading requirements for the lot shall be the sum of the separate requirements for each use established on the lot. C. Where a lawful use exists at the time of adoption of this ordinance that is deficient in the provision of required off street parking, any new use hereafter established in its place shall conform to the parking requirements of this ordinance. However, in computing the off street parking requirements for any new use, such new use shall be credited for the number of off street parking spaces that the previous use was in deficit. D. No structure(s) containing lawful uses existing at the time of adoption of this ordinance, within C-1, C-2, C-3, C-4, CS, CR, LI and HI districts, shall hereafter be expanded or enlarged to an extent greater than twenty five percent (25%) of the gross floor area existing at the time of adoption of this ordinance, unless parking and loading spaces are provided in full so as to bring the entire expanded use into conformity with this section. 4-2.4. Location Of Required Parking And Loading Spaces: All off street parking and loading spaces required by this ordinance shall be located on the same lot as the use for which such spaces are required, except that: A. Where, within an office, commercial, or industrial district, an increase in the number of off street parking spaces is required by an alteration, enlargement, or change of a use, the required off street parking spaces may be located not farther than three hundred feet (300') from the use(s) served. B. Within an ID institutional district, parking spaces may be located on a separate lot within the ID district boundaries, unless further restricted by the ordinance establishing the district. City of Dubuque 4-2 C. Payment in lieu of parking. (Reserved.) 4-2 4-2.5. Off Street Loading Space Requirements: All off street loading spaces for truck and/or other bulk deliveries shall be required as follows: Use Square Feet Minimum Space(s) Manufacturing/warehousing 0 — 4,999 1 5,000+ 2 All other commercial and industrial 0 — 9,999 1 10,000+ 2 4-2.6. Special Provisions For Off Street Parking And Storage Of Vehicles In Residential District: A. Statement Of Intent: The intent of this section is to: avoid the obstruction of public streets and sidewalks, improve traffic visibility, ensure the provision of necessary light and air to residential dwellings, and maintain the visual harmony and character appropriate in residential neighborhoods within the city. The provisions of this section shall govern the off street parking and storage of vehicles as an accessory use within any R-1, R-2, R -2A, R-3, R-4 or OR residential district. Accessory off street parking or storage of vehicles within any such district shall be permitted only in conformance with these provisions. B. Definitions: The following definitions shall govern the interpretation of this section: INOPERABLE Any vehicle that has any one of the following VEHICLE: characteristics: 1. Any vehicle that does not display current state registration. 2. Any vehicle with a missing window, wind- shield, headlight, or any other missing glass. 3. Any vehicle with a broken, loose, or missing fender, door, bumper, hood, roof, steering wheel, trunk lid, muffler or tailpipe. City of Dubuque 4-2 4-2 4. Any vehicle that is the habitat of rats, mice, snakes or any other vermin or insects. 5. Any vehicle that lacks an engine, one or more wheels or other structural part that renders the vehicle inoperable, such as a truck without an engine or a trailer missing a wheel. 6. Any vehicle that is not capable of moving in both forward and reverse gears. PARKING: The placement on a residential lot of a vehicle for any substantially uninterrupted period of time not exceeding forty eight (48) hours. STORAGE: The substantially uninterrupted placement on a residential lot of any vehicle for any consecutive period of time exceeding forty eight (48) hours. VEHICLE: As used in this section, a "vehicle" shall be broadly interpreted to mean any implement of conveyance designed or used for the transportation of people or materials on land, water or air, including, but not limited to, automobiles, trucks, bicycles, motorcycles, snowmobiles, boats, airplanes, helicopters, trailers, campers, wagons, etc. C. Standards Governing Off Street Parking Or Storage Of Vehicles As An Accessory Use In Residential Districts: 1. Maximum Number Of Vehicles Allowed To Be Stored: Not more than one vehicle may be stored anywhere on a residential lot. 2. Front Yard Storage Prohibited: No vehicle may be stored in the front yard of a residential dwelling under any circumstances. Front yard parking of vehicles may be permitted in conformance with the other standards of this section. 3. Rear Yard Storage Required, If Accessible: A vehicle shall be stored only in a rear yard, where a rear yard exists. Where no rear yard exists, or where the city planner determines that an existing rear yard is not reasonably accessible, then a vehicle may be stored in a side yard. A vehicle may not be stored within a required side yard. City of Dubuque 4-2 4-2 4. Current State Registration Required For All Vehicles Stored: No vehicle may be stored as an accessory use on a residential lot unless such vehicle displays a current state certificate of motor vehicle registration. 5. Storage In Required Parking Spaces For Multiple -Family Dwellings Prohibited: No vehicle storage shall be permitted in required parking spaces for a multiple -family dwelling. Off street vehicle storage space may be provided for a multiple -family dwelling, if a site plan for such space is approved in accordance with section 4-4 of this zoning ordinance. 6. Front Yard Setback For Garages Required: In zoning districts requiring Tess than twenty foot (20') front yard setbacks, where a garage opens onto or faces the street, a minimum setback of twenty feet (20') shall be required. 7. Paved Parking And Storage Areas: In accordance with section 4-2 of this ordinance, all vehicles shall be parked and stored on a hard surface driveway or pad paved with asphalt or concrete. The paved area shall be at least the same size as the outside dimensions of the vehicle(s). 8. Storage Of Inoperable Vehicles Prohibited: No inoperable vehicle may be stored anywhere on a residential lot. 9. Occupancy Of Recreational Vehicles Prohibited: A recreational vehicle designed to provide temporary living quarters for recreational, camping or travel use shall not be used for living, sleeping or housekeeping purposes on the premises. One recreational vehicle may be allowed for occasional living purposes to accommodate visitors. 4-2.7. Off Street Parking Requirements: The number of off street parking spaces required for each building or use shall be determined by reference to the following table of parking groups. Parking groups are identified for each use within each district by a bracket enclosed number next to each principal permitted use, i.e., [1]. Where several different property uses will share a joint parking area, the parking requirements shall be computed based upon the overall development. (see following page) City of Dubuque 4-2 4-2 Parking Group Minimum Off Street Parking Spaces Required 1 0.5 space for each bed 2 0.5 space for each bed, plus 1 space for each employee on the maximum shift 3 0.5 space for each dwelling unit 4 0.75 space for each person or tenant 5 1 space for each person 6 1 space for each dwelling unit 7 1 space for each 4 permanent seats 8 1 space for each employee on the maximum shift 9 1.5 spaces for each dwelling unit 10 1.5 spaces for each employee on the maximum shift for grades K - 12, plus 1 space for each 10 students for grades 9 — 12 11 2 spaces for each dwelling unit 12 1 space for each 100 square feet of public service or viewing area, plus 1 space for each employee on the maximum shift 13 1 space for each 500 square feet of floor area accessible to the general public 14 1 space for each 400 square feet devoted to office use or 1 space for each employee on the maximum shift, whichever is greater 15 1.5 spaces for each employee on the maximum shift 16 3 spaces for each employee on the maximum shift 17 1 space for each 250 square feet of floor area accessible to the general public 18 2 spaces for each employee on the maximum shift 19 1 space for each employee on the maximum shift, plus 1 space for each 250 square feet of floor area accessible to the general public City of Dubuque 4-2 4-2 Parking Group Minimum Off Street Parking Spaces Required 20 1 space for each 4 permanent seats, plus 1 space for each employee on the maximum shift, plus 1 space for each 100 square feet of floor area devoted to assembly use 21 2 spaces for each employee on the maximum shift, plus 1 space for each service bay 22 1 space for each 4 washing machines 23 1 space for each employee on the maximum shift, plus 1 space for each 10 square feet of floor area accessible to the general public 24 1 space for each unit, plus 1 space for each employee on the maximum shift 25 1 space for each 4 permanent seats, plus 1 space for each employee on the maximum shift, plus 1 space for each 100 square feet of floor area accessible to the general public not containing permanent seats 26 1 space for each 4 permanent seats, plus 1 space for each employee on the maximum shift 27 1 space for each 400 square feet of floor area accessible to the general public 28 1 space for each 4 permanent seats, plus 1 space for each employee on the maximum shift, plus 1 space for each 50 square feet of floor area devoted to customer service 29 1 space for each employee on the maximum shift, plus 1 space for each service vehicle, plus 1 space for each 250 square feet of floor area accessible to the general public 30 0.75 space for each room, plus 1 space for each employee on the maximum shift (lodging only); other uses shall be calculated separately 31 1 space for each employee on the maximum shift, plus 1 space for each 300 square feet of floor area accessible to the general public City of Dubuque 4-2 4-2 Parking Group Minimum Off Street Parking Spaces Required 32 1 space for each employee on the maximum shift, plus 1 space for each 250 square feet of floor area accessible to the general public, plus 1 space for each 400 square feet of general office space 33 1 space for each employee on the maximum shift, plus 1 space for each moving van or service vehicle 34 1 space for each employee on the maximum shift, plus 2 spaces for each service bay 35 1 space for each employee on the maximum shift, plus 3 spaces for each service bay 36 0.75 space for each employee on the maximum shift, plus 3.5 spaces for each doctor (doctors are not included as employees for calculation of this parking group) 37 a. Bowling alley: 4 spaces for each lane b. Miniature golf: 15 spaces for each 9 holes c. Golf course: 50 spaces for each 9 holes d. Excursion craft operation and service: 1 space for each 4 permanent seats on the craft, plus 1 space for each employee on the maximum shift e. Pleasure craft harbor: 1.5 spaces for each docking slip f. Tennis/handball/racquetball courts: 3 spaces for each court g. Swimming pool: 1 space for each 30 square feet of gross pool area h. Weight training/exercise room: 1 space for each 100 square feet of floor area devoted to such use i. Gymnasium (with no seating provided): 1 space for each 100 square feet of athletic floor area j. Shooting/archery range: 1 space for each firing point, plus 1 space for each employee on the maximum shift k. Pool hall/billiard parlor: 1 employee on the maximum shift, plus 1 space for each 100 square feet of area accessible to the general public City of Dubuque 4-2 4-2 Parking Group Minimum Off Street Parking Spaces Required 38 1 space for each employee on the maximum shift, plus 1 space for each 500 square feet of internal display area, plus 1 space for each 2,000 square feet of outdoor display area, plus 2 spaces for each service bay 39 1 space for each employee on the maximum shift, plus 1 space for each 4,000 square feet of outdoor display area, plus 2 spaces for each service bay 40 1 space for each employee on the maximum shift, plus 1 space for each 500 square feet of indoor display or office area, plus 1 space for each 5,000 square feet of outdoor display area 41 1 space for each employee on the maximum shift, plus 1 space for each 250 square feet of display area (including both indoor and outdoor), plus 2 spaces for each service bay 42 1.5 spaces for each employee on the maximum shift, plus 1 space for each service bay and/or service vehicle 43 1 space for each 200 square feet of gross leasable area 44 1 space for each employee on the maximum shift, plus 1 space for each service vehicle, plus adequate truck and tractor/trailer spaces as determined by the city development planner 45 Dormitories 1 space for each bed 45 Gymnasiums 1 space for each 6 permanent seats 45 Lecture halls 1 space for each 6 permanent seats 45 Employees 0.75 space for each employee on the maximum shift 46 1.5 spaces for each licensed or state approved bed 47 As determined by the city planner 48 1 space for each 6 permanent seats, plus 1 space for each employee on the maximum shift 4-2.8. Handicap Parking Space Requirements: Parking spaces for the physically handicapped shall be located as close as possible to elevators, ramps, walkways and entrances. Parking spaces for the physically City of Dubuque 4-2 4-3 handicapped shall be located so that such persons are not compelled to wheel or to walk behind parked cars to reach entrances, ramps, walkways and elevators. One handicap space shall be provided for each one hundred (100) parking spaces in a parking lot. (Ord. 13-85, 3-18-1985; Ord. 70-90, § 1(a), 9-4-1990; Ord. 44-96, § 1, 10-7-1996) 4-3: SIGN REGULATIONS: 4-3.1. General Statement Of Intent: The provisions of this section set forth the comprehensive regulations, conditions and limitations under which signs may be permitted in the city. It is intended: A. To permit and regulate signs in the least burdensome way that will carry out the purposes of these regulations and to support and complement land use objectives set forth in the comprehensive plan and the zoning ordinance. B. To assure compatibility of signs with surrounding land uses and preserve property values of surrounding properties. C. To allow sign users to communicate their products, services and facilities to patrons, customers and visitors. D. To ensure that signs are designed, constructed and installed to not compromise public safety by impairing vision or confusing motorists and pedestrians. E. To prevent visual clutter caused by the proliferation of signage that may reduce the effectiveness of individual signs. F. To preserve views of special and unique natural and architectural features and historic landmarks. 4-3.2. Definitions: ABANDONED SIGN: ANIMATED SIGN: A sign which no longer identifies or advertises a business, lessor, service, owner, product, or activity at that premises or a sign for which no legal owner can be found. A sign which uses movement or change of Tight to depict action or to create a special effect or scene. An animated sign does not include time, temperature or message center signs. City of Dubuque 4-3 4-3 AREA: AWNING SIGN: BANNER SIGN: BILLBOARD: BUILDING COMPLEX: BUILDING SIGN: BUSINESS/ IDENTIFICATION SIGN: CANOPY OR ARCADE SIGN: CHANGEABLE COPY SIGN: COMMEMORATIVE SIGN: CONDITIONAL USE SIGN: CONSTRUCTION SIGN: See section 4-3.10 of this ordinance. A sign incorporated into or attached to an awning. (See also definition of Canopy Or Arcade Sign.) A sign made of fabric or any nonrigid material with no enclosing framework. See definition of Off Premises Sign. Two (2) or more buildings on the same lot or premises sharing common access and parking facilities. A sign affixed to and wholly supported by an exterior wall of a building or structure. An on premises sign which identifies a business, office or organization located or housed at the premises and the services and products offered at the premises. A wall mounted sign attached to or constructed on the face of a permanent roofed structure covering an area customarily used for pedestrian circulation. A sign of which copy is changed manually and physically in the field, such as a reader board with changeable letters or changeable pictures. A changeable copy sign does not include time, temperature or message center signs. A permanent sign or architectural feature, fixed to or made an integral part of the structure, indicating the name of the structure, its address, date of construction, or other information of commemorative or historical significance. A sign type requiring approval by the zoning board of adjustment as a conditional use permit. A temporary sign identifying an architect, contractor, subcontractor, material supplier or City of Dubuque 4-3 4-3 DIRECT LIGHTING: DIRECTIONAL/ INFORMATIONAL SIGN: DIRECTORY SIGN: DISCONTINUED SIGN: DOUBLE FACED SIGN: EXTERNALLY ILLUMINATED SIGN: FACADE: FLASHING SIGN: FREESTANDING CANOPY SIGN: FREESTANDING SIGN: others participating in the construction on the property on which the sign is located. Illumination by means of an external source. An on premises sign identifying a premises, or an activity conducted upon such premises, and providing direction for the safe and efficient flow of vehicular or pedestrian traffic to such activity or premises. Directional signs shall include signs marking entrances, exits, parking areas, loading areas or other operational features of the premises. An on premises sign identifying an activity, operational feature, or business name upon such premises. Directory signs shall include building names, offices, or activities in same size letters, colors and general design and shall be limited to one sign per street entrance. See definition of Abandoned Sign. A sign with two (2) faces or panels, neither of which is visible at the same time and are directly back to back as opposed to a V-shaped sign. A sign whose illumination is derived entirely from an external artificial source. The entire building front, including the parapet. Any directly or indirectly illuminated sign which is illuminated by an intermittent flashing light source. A flashing sign does not include time, temperature or message center signs. A permanent sign affixed to, or part of, a canopy face advertising the oil company or financial institution's brand name and/or logo only. A sign supported upon the ground by poles or braces and not attached to any building. A City of Dubuque 4-3 4-3 freestanding sign is also a ground mounted and/or pylon sign. FRONTAGE: The length of the property line of any one premises along a public right of way on which it borders. A building or building complex which lacks frontage on a public right of way or buildings located on a private street have "internal frontage". (See illustrations in subsection 4-3.10F of this ordinance.) GOVERNMENT SIGN: Any temporary or permanent sign erected and maintained by the city, county, state, or federal government for traffic direction or for designation of or direction to any school, hospital, historic site, or public service, property, or facility. GROUND SIGN/ A structure, built on grade, that forms an MONUMENT SIGN: integral part of the sign or its background. (See illustrations in subsection 4-3.10F of this ordinance.) HEIGHT (Of A Sign): IDENTIFICATION SIGN: ILLEGAL SIGN: The vertical distance measured from the highest point of the sign, excluding embellishments of not more than five feet (5') in height above the sign, to the average ground grade beneath the sign. See definition of Business/Identification Sign. A sign which does not meet the requirements of this code and which has not received legal non- conforming status. INDIRECT LIGHTING: Illumination by means of a concealed light source, whereby all incandescent or florescent devices are shielded from view by opaque or translucent materials, and including reflected lighting. INFLATABLE SIGN: Any sign designed or constructed with the ability to be mechanically filled with air or gas. City of Dubuque 4-3 4-3 INTERNALLY ILLUMINATED SIGN: MAINTENANCE: MESSAGE CENTER SIGN: MOBILE/VEHICLE SIGNS: MULTIPLE FACED SIGN: NAMEPLATE: NONCONFORMING SIGN: OFF PREMISES SIGN: ON PREMISES SIGN: Illumination by means of a light source completely enclosed by the sign panel(s). The cleaning, painting, repair, or replacement of defective parts of a sign in a manner that does not alter the basic copy, design, or structure of the sign. Electronically or computer controlled reader board where different nonanimated copy changes are shown on a Tamp bank or other electronic displays. A sign mounted on vehicle or trailer, not permanently attached to a pole, building or other structure. Signs containing more than two (2) faces or panels. (See illustrations in subsection 4-3.10F of this ordinance.) A nonelectric on premises identification sign giving only the name, address, and/or occupation of an occupant or group of occupants. A sign which was erected legally, but which does not comply with subsequently enacted sign restrictions and regulations. A sign structure advertising an establishment, merchandise, service, or entertainment which is not sold, produced, manufactured, or furnished at the property on which said sign is located and/or the ideological or noncommercial views of a party who is not an occupant of the prem- ises. Off premises signs may be "billboards", "outdoor advertising", or "off site sign". A sign which pertains to the use of the premises on which it is located and maintained and/or the ideological or noncommercial views of an occupant of the premises. City of Dubuque 4-3 4-3 PAINTED WALL SIGN: A sign which is applied with paint or similar substances on the face of a wall and is considered to be a wall mounted sign for calculation purposes. PARAPET: That part of any wall entirely above the roofline. POLITICAL SIGN: A temporary sign used in connection with a local, state, or national election or referendum. PORTABLE SIGN: PROJECTING SIGN: Any sign designed to be moved easily and not permanently affixed to the ground or to a structure or building. A sign other than a flat wall sign, which is attached to and projects from a building wall or other structure not specifically designed to support the sign and is not parallel to the structure to which it is attached. (See illustrations in subsection 4-3.10F of this ordinance.) PUBLIC SERVICE Any permanent sign intended exclusively to INFORMATION SIGN: promote items of general interest to the community. REAL ESTATE SIGN: A temporary sign advertising real estate upon which the sign is located as being for rent, lease, or sale. ROOF SIGN: Any sign erected upon or above a roof or parapet wall of the building in which it is wholly or partially supported by such building. ROOFLINE: The top edge of the roof or building parapet, whichever is higher, excluding any cupolas, pylons, chimneys, or minor projections. ROTATING SIGN: Any sign or device which has any visible moving part, visible revolving part, or visible mechanical movement. Such motion does not refer to methods of changing copy. City of Dubuque 4-3 4-3 SETBACKS: SIGN: SPECIAL EVENT SIGN: STREET BANNER SIGN: SUBDIVISION IDENTIFICATION SIGN: TEMPORARY SIGN: TIME AND TEMPERATURE SIGN: UNDER CANOPY SIGN: V -SHAPED SIGN: WALL SIGN: The minimum horizontal distance between a property line and the nearest portion of a structure to such property line. Any device, structure, fixture, or placard using graphics, symbols, and/or written copy designed specifically for the purpose of advertising or identifying any establishment, product, goods, services, activities or uses. A temporary sign advertising or pertaining to any civic, patriotic or special event of general public interest. Any banner sign which is stretched across and hung over a public right of way. A freestanding or wall sign identifying a recognized subdivision, condominium complex, or residential development. A sign not constructed or intended for long term use. An electrically controlled sign which contains only public service, time, temperature, and/or date information displayed on a lamp bank or other electronic display. A directional sign attached beneath a canopy, ceiling, roof, or marquee. A sign with two (2) faces or panels not supported by one common structural member and which faces are not back to back such as a double faced sign. A sign attached parallel to and extending not more than eighteen inches (18") from the wall of a building. This definition includes painted, individual lettered, and cabinet signs, and signs on a mansard. (See illustrations in subsection 4-3.10F of this ordinance.) City of Dubuque 4-3 4-3 WINDOW SIGN: A sign installed inside a window and intended to be viewed from the outside, behind the glass or other transparent material. 4-3.3. Signs Prohibited: The following signs shall be expressly prohibited in all zoning districts, any contrary provisions or implications of this ordinance notwithstanding: A. Any sign which infringes upon the area of visibility required on a corner lot pursuant to subsection 4-4.6E of this ordinance. B. Any sign which contains the words "danger" or "stop", or otherwise presents or implies the need or requirement of stopping or caution, or which is an imitation of, or is likely to be confused with, any sign customarily displayed by a public authority. C. Any sign or lighting which casts direct light or glare upon any property in a residential or office residential district. D. Any portable sign, including any sign displayed on a stored vehicle, except for a display of temporary political signs as provided in section 4-3.5 of this ordinance. E. Any sign which obstructs the reasonable visibility of a sign maintained by a public authority, or which otherwise distracts attention from such sign. F. Any sign attached to public or private utility poles, signs or other appurtenances, including trees, located in the public right of way. G. Roof signs as defined in section 4-3.2 of this ordinance, except that any on premises roof sign of Tess than one hundred (100) square feet and located in a C-3 district which was constructed prior to March 18, 1985, shall not be prohibited by this section and shall be deemed to be an allowed wall mounted sign; provided, that multiple signs are of uniform height not to exceed six feet (6') above eaves and signs that do not conform with this standard will be brought into conformance with a change in use. H. Any flashing signs as defined in section 4-3.2 of this ordinance. 4-3.4. Permits Required: Unless otherwise provided by this ordinance, all signs shall require permits and payments of fees as established through building services division. City of Dubuque 4-3 4-3 4-3.5. Exempted Signs: The following types of signs are exempted from the requirements of this ordinance: A. Holiday or special events decorations. B. Nameplates of two (2) square feet or less; provided, that in residential districts or on residential structures, only name and address may comprise the nameplate. C. Political signs shall not be placed in any public right of way or in visibility triangles as defined in subsection 4-4.6E, corner lots, of this ordinance. D. Government signs or notices, public service information signs or any sign relating to an emergency. E. Real estate signs on residential property, provided they are not over twelve (12) square feet in area and not over six feet (6') in height. Real estate signs advertising commercial, agricultural or industrial property or subdivisions of multiple lots shall not be over thirty two. (32) square feet in area and twelve feet (12') in height. Such signs shall not be placed in any public right of way or in visibility triangles as defined in subsection 4-4.6E, corner lots, of this ordinance. F. Window signs (interior only); provided, that required light is not reduced beyond the limits established in the building code. G. Commemorative signs. H. Construction signs. Official flags of nations, states or political subdivisions thereof. 4-3.6. Discontinued Or Abandoned Signs: Signs which are not properly maintained as determined by the building official or which advertise a use which has been abandoned or discontinued shall be removed by the property owner within ninety (90) days after abandonment of the principal use or may thereafter be removed by the building official with such removal expense charged to the property owner. 4-3.7. Sign Contractor's License: See city sign code. 4-3.8. Nonconforming Signs: Any sign which becomes a nonconforming sign on the effective date of this ordinance or which becomes a nonconforming sign at any future date shall be regulated according to the City of Dubuque 4-3 4-3 rules set forth in section 4-6 of this ordinance; provided further, that no alteration, improvement or other change may be made to such non- conforming sign. In the event that such nonconforming sign, or panels or portions thereof, shall be removed, for a period exceeding six (6) months, or if the use to which the nonconforming sign pertains is changed, any replacement sign shall be made to conform to the maximum area, number, allowable structure type, protection, height, lighting and motion requirements for signs otherwise permitted in the zoning district. However, any nonconforming sign may be altered to reduce its level of nonconformity or signs with nonconforming characteristics may be altered to eliminate those characteristics. 4-3.9. Temporary Signs: Temporary signs, where allowed, shall be erected and maintained in accordance with the following provisions: A. General Conditions: 1. Certificate And Fee Required: No persons shall erect, alter or relocate any temporary sign except for real estate and political signs without first making application, submitting a fee as specified in chapter 7 of this ordinance, and obtaining a temporary sign certificate from the building official. 2. Limit On Number Of Certificates: No more than four (4) certificates for temporary signs shall be issued for the same zoning lot in one calendar year. 3. Materials And Methods: The building official shall impose as a condition of the issuance of certificate, such requirements as to material and manner of construction as are necessary to assure the safety and convenience of the public. 4. Sign Types: Temporary signs shall be nonprojecting building signs or "freestanding signs" as defined herein. Pennants, banners and inflatable signs are permitted temporary signs. 5. Number, Area, Height And Location: The permitted area, height and location of pennants, banners and inflatable temporary signs shall be determined by the building official with consideration given to public safety and the signage reasonably necessary and appro- priate for the intended use. The maximum area of nonprojecting building signs or freestanding signs or other temporary signs shall be thirty two (32) square feet in all zoning districts. Signs shall not be greater than five feet (5') in height. Such signs shall not be placed in any public right of way or in visibility triangles as defined in City of Dubuque 4-3 4-3 subsection 4-4.6E, corner Tots, of this ordinance. No temporary business sign shall be placed within fifty feet (50') of another "temporary sign" as defined herein. B. Quasi -Public Signs: Quasi -public signs, giving notice of special events and activities sponsored by recognized civic, patriotic, religious or charitable organizations for noncommercial purposes, subject to the following: 1. Location: Quasi -public signs may be located on or off of the premises where the event is taking place, provided permission is given by the owner of the property. Such signs shall not project beyond any lot line. 2. Timing: Quasi -public signs shall not be erected or maintained more than thirty (30) days prior to the date on which the event advertised is to occur and shall be removed immediately after the termination of the event. C. Temporary Business Signs: Temporary business signs, calling attention to a special, unique or limited activity, service or product or sale of limited duration, as follows: 1. Location: Temporary business signs shall be located only on the lot upon which the special activity is to occur. Such signs shall not project over any lot line. 2. Timing: Temporary business signs shall be erected and maintained for a period not to exceed thirty (30) days, at the expiration of which the certificate holder shall immediately remove such temporary sign. 4-3.10. Sign Calculations And Illustrations: A. On Premises Sign Area: 1. Single Face: The area of a single face sign shall be measured by calculating the area of each cabinet, module or panel which makes up the sign face and summing the combined areas to determine the total area. No integral structural element or support, including structural embellishments such as pole covers, framing or architectural design elements, shall be included in the measurement of sign area; provided, that there is no written copy, symbol or other advertising message upon such structural element or support. However, such structural element or embellishment shall not exceed City of Dubuque 4-3 4-3 the total square footage allowed for the sign area. Should any written copy, symbol or other advertising message be located on such structural element or support, the area enclosed by straight lines drawn closest to the copy extremities encompassing the individual letters, words or symbols shall be measured and added to the total area calculation. The gross area of a sign composed only of separate letters, words or symbols, without background, shall be measured as the area enclosed by straight lines drawn closest to the copy extremities encompassing the individual letters, words or symbols. 2. Double Faced: Same as single face except that a double faced sign shall only count one face for area determination. 3. Multiple Faced: Same as single face except that only one face shall be counted for area determination and each face shall be reduced in area by twenty percent (20%). B. Off Premises Sign Area: The area of off premises signs shall be measured in the same manner as on premises signs, except for off premises signs that have "add ons" to the principal sign panel, then each additional "add on" shall be calculated separately for its area and added to the principal sign panel. However, in no case shall the total area of the principal sign panel when added to the "add ons" exceed the maximum sign area provided within the district in which it is located. C. Sign Number: The number of signs shall be calculated by the number of permitted signs displayed on a premises. 1. Single Face: Each integral structural unit displaying a unified informational content shall be counted as one sign. 2. Double Faced: A double faced sign meeting the same requirements of a single face sign and supported on a single structure shall be counted as one sign. 3. Multiple Faced: Multiple faced signs, including V-shaped signs, meeting the same requirements of a single face sign and supported on a single structure shall be counted as one sign. D. Signs On Multiple Frontage Lots: Zoning lots which have separate frontages on more than one street, including through lots and corner lots, shall not display signs along any one street frontage in excess City of Dubuque 4-3 4-3 of the maximum area and maximum number permitted for that frontage alone. Each frontage is to be considered separately. E. Painted Wall Signs: Nonstructural signs painted on buildings shall be regulated in size, location, height and number as wall mounted signs. F. Illustrations: 4-3.10G6 CALCULATING NUMBER OF FACES ■ ONE SIGN • TWO FACES • MULTIPLE PANELS • ONE SIGN • THREE FACES • MULTIPLE PANELS k•-- •A S IGN S IGN S IGN City of Dubuque M MAY HAVE ONE OR TWO FACES THREE "PANELS" • ONE SIGN • TWO FACES' • THREE PANELS 4-3 4-3 4-3.10H7 TYPE OF SIGNAGE CANOPY SIGN FREE STANDING WALL MOUNTED PROJECTING MARQUE E City of Dubuque 4-3 4-3 4-3.1018 CALCULATING SIGN AREA A = SIGN FACE WIDTH = SIGN FACE HEIGHT C = SIGN STRUCTURE HEIGHT A X B =SIGN AREA M MONUMENT/ GROUND SIGN City of Dubuque 4-3 4-3 4-3.10J9 INTERNAL AND STREET FRONTAGE Buildings 1 and 2 have street frontage. Buildings 3 and 4 have internal frontage. City of Dubuque 4-3 7, 4-3 4-3.10K10 SPACING MEASUREMENTS • , Right of Way H ;�� Spacing 2leasurement--011 Street or Highway •. .. .. . ..► V Right of Tay 4.--- Spacing Measurement V-MI I Street or Highway 1 Right of. Kay City of Dubuque 4-3 4-3.11. Schedule Of Sign Regulations: ON PREMISES SIGNS' 4-3 Zoning District Regulated Signs Maximum Projection Into ROW Height Lighting Motion Allowable Content Maximum Area Maximum Number Allowable Structural Type AG R-1 R-2 R -2A R-3 R-4 Identification signs for educational or religious institutions 32 sq. ft. per sign 2 Wall mounted 0 Below eaves or parapet Indirect only, no flashing None Freestanding 10' Internal only, no flashing None Identification signs for real estate development or subdivision 32 sq. ft. per sign 1 for each street entrance Wall mounted Below eaves or parapet None Freestanding 10' None Directional signs for parking lots, educational or religious institutions 6 sq. ft. per sign Not specified Wall mounted or projecting Below eaves or parapet None Freestanding PR Same as above except as further limited by the ordinance establishing the PR district. Signs for secondary uses and contingency uses within the PR district shall be established in the ordinance establishing said district. City of Dubuque 4-3 4-3 Zoning District Regulated Signs Maximum Projection Into ROW Height Lighting Motion Allowable Content Maximum Area Maximum Number Allowable Structural Type OR OC Identification signs for educational or religious institutions 32 sq. ft. per sign 2 Wall mounted 0 Below eaves or parapet No flashing None Freestanding 10' Signs identifying real estate development or subdivision 32 sq. ft. per sign 1 for each street entrance Wall mounted Below eaves or parapet Freestanding 10' Identification signs for busi- ness and office uses 16 sq. ft. per sign 1 sign per business office Wall mounted Below eaves or parapet 40 sq. ft. per sign 1 sign per premises or building complex Freestanding 10' Nameplate 6 sq. ft. nameplate 1 per business per street frontage Wall mounted Below eaves or parapet Directional signs 6 sq. ft. per sign Not specified Wall mounted or projecting Below eaves or parapet Internal only, no flashing Freestanding 4' Any sign located in designated historic preser- vation district2'3 8 sq. ft. per sign 1 sign per business office Wall mounted Below eaves or parapet No flashing 40" projecting Freestanding 6' Flags identifying historically or architecturally desig- nated areas or structures As determined by the Dubuque historic preservation commission Conditional use provisions are the same except where further restricted by the ordinance or the zoning board of adjustment. City of Dubuque 4-3 4-3 Zoning District Regulated Signs Maximum Projection Into ROW Height Lighting Motion Allowable Content Maximum Area Maximum Number Allowable Structural Type OS Identification signs for busi- ness/office uses (1 building per premises) 16 sq. ft. per sign 1 per business Wall mounted 0 Below eaves or parapet No flashing None 40 sq. ft. per sign 1 per building Freestanding 10' Building complex signs (2 or more buildings on the same lot or using shared access) 40 sq. ft. per sign 1 per complex per street frontage Freestanding 25' Nameplate 6 sq. ft. per nameplate 1 per business per street frontage Wall mounted Below eaves or parapet None Directory 10 sq. ft. 1 per building entrance Wall mounted or freestanding 5' None Directional signs 6' per sign Not specified Wall mounted or projecting Below eaves or parapet None Freestanding 10' Internal only, no flashing Conditional use provisions are the same except where further restricted by the ordinance or the zoning board of adjustment. City of Dubuque 4-3 4-3 Zoning District Regulated Signs Maximum Projection Into ROW Height Lighting Motion Allowable Content Maximum Area Maximum Number Allowable Structural Type C-1 Identification signs for busi- ness, retail and office uses 40 sq. ft. per sign 1 sign per business per street frontage Wall mounted 0 Below eaves or parapet No flashing None Nameplate 6 sq. ft. per nameplate 1 per business per street frontage Wall mounted Below eaves or parapet Directional signs 6 sq. ft. per sign Not specified Wall mounted Below eaves or parapet Freestanding 10' Internal only, no flashing Conditional use provisions are the same except where further restricted by the ordinance or the zoning board of adjustment. City of Dubuque 4-3 4-3 Zoning District Regulated Signs Maximum Projection Into ROW Height Lighting Motion Allowable Content Maximum Area Maximum Number Allowable Structural Type C-2 Identification signs for busi- ness, retail and office uses 100 sq. ft. per sign 2 signs per premises provided only 1 sign may be freestanding Wall mounted or projecting 0 Below eaves or parapet Internal only, no flashing None Freestanding 25' Freestanding canopy signs 20 sq. ft. 2 signs per canopy Wall mounted Below canopy fascia Nameplate 6 sq. ft. per nameplate 1 per business per street frontage Wall mounted Below eaves or parapet No flashing Directory 10 sq. ft. per sign 1 per building entrance Wall mounted Below eaves or parapet Directional signs 6 sq. ft. per sign Not specified Wall mounted Below eaves or parapet Freestanding 10' Internal only, no flashing Neighborhood shopping center signs including building complexes (2 or more businesses located on the same lot or attached on adjacent lot) 100 sq. ft. per sign per individual business 300 sq. ft. per sign 1 per street frontage per center Freestanding 25' No flashing Conditional use provisions are the same allowances as business identification on signs except where further restricted by the ordinance or the zoning board of adjustment. City of Dubuque 4-3 4-3 Zoning District Regulated Signs Maximum Projection Into ROW Height Lighting Motion Allowable Content Maximum Area Maximum Number Allowable Structural Type C-3 Identification signs for busi- ness, retail and office uses 10 percent of wall parallel and/or closest to frontage, or 400 aggregate sq. ft., whichever is less 2 signs per business per street frontage Wall mounted 0 Below eaves or parapet No flashing None 2 sq. ft. for each lin- ear foot of frontage for the first 100 linear foot of frontage; then 1 sq. ft. for each addi- tional foot of frontage. No sign shall exceed 200 sq. ft. Maximum 500 sq. ft. per premises 1 sign per 100 linear foot of frontage. Maximum 3 signs per premises. Distance between signs shall not be less than 100' Freestanding 40' Freestanding canopy signs 20 sq. ft. 4 signs per canopy Wall mounted Below canopy fascia Internal only, no flashing Nameplate 6 sq. ft. per nameplate 1 per business per street frontage Wall mounted Below eaves or parapet No flashing Directory 10 sq. ft. per sign 1 per building entrance Wall mounted Below eaves or parapet Directional signs 6 sq. ft. per sign panel Not specified Wall mounted Below eaves or parapet Freestanding 10' Internal only, no flashing City of Dubuque 4-3 4-3 Zoning District Regulated Signs Maximum Projection Into ROW Height Lighting Motion Allowable Content Maximum Area Maximum Number Allowable Structural Type C-3 (cont.) Signs for used auto sales (but only when such sales are an accessory use to a new auto sales dealership) 250 sq. ft. per sign 1 per premises Wall mounted 0 Below eaves or parapet No flashing None Freestanding 40' Shopping center (multiple businesses per lot) including building complexes 100 sq. ft. per sign 1 sign per business per street frontage Wall mounted Below eaves or parapet 300 sq. ft. per sign 1 sign per street frontage per center Freestanding 40' Conditional use provisions are the same except where further restricted by the ordinance or the zoning board of adjustment. PC Same as C-3 except as otherwise limited in the ordinance specifically authorizing the particular PUD district. City of Dubuque 4-3 4-3 Zoning District Regulated Signs Maximum Projection Into ROW Height Lighting Motion Allowable Content Maximum Area Maximum Number Allowable Structural Type C-4 Identification sign for busi- ness, retail and office uses 100 sq. ft. per sign 1 sign per business per street frontage, but only 1 may be freestanding Wall mounted or projecting 60" Below eaves or parapet No flashing None 1 sign per premises regardless of the number of businesses within the premises Freestanding 0 25' Nameplate 6 sq. ft. per nameplate 1 per business per street frontage Wall mounted Below eaves or parapet No flashing Directory 10 sq. ft. per sign 1 per building entrance Wall mounted or freestanding 5' Directional signs 6 sq. ft. per sign Not specified Wall mounted Below eaves or parapet Freestanding 10' Internal only, no flashing Historic signs (any sign located within a city historic district with the exception of Jackson park) 100 sq. ft. per sign 1 sign per street frontage Wall mounted or projecting 60" Below eaves or parapet None Conditional use provisions are the same allowances as business identification on signs except where further restricted by the ordinance or the zoning board of adjustment. City of Dubuque 4-3 4-3 Zoning District Regulated Signs Maximum Projection Into ROW Height Lighting Motion Allowable Content Maximum Area Maximum Number Allowable Structural Type C-5 Identification signs for busi- ness, retail and office uses 100 sq. ft. per sign 1 sign per business per street frontage, but only 1 may be freestanding; free- standing signs shall be limited to street frontages along Locust Street and Iowa Street Wall mounted 18" Below eaves or parapet No flashing None Freestanding 0 25' 18 sq. ft. 1 sign per business along Main Street frontage from 8th to 10th Streets Monument style with cast iron base and sign body of stone, cast stone or terra cotta. Wood, vinyl, aluminum sheeting in excess of 5 sq. ft., synthetic wood and EIFS prohibited 10' height 5.5' width Nameplate 6 sq. ft. per nameplate 1 per business per street frontage Wall mounted Below eaves or parapet No flashing Directional signs 6 sq. ft. per sign Not specified Wall mounted Below eaves or parapet Internal only, no flashing Freestanding 10' Conditional use provisions are the same allowances as business identification on signs except where further restricted by the ordinance or the zoning board of adjustment. City of Dubuque 4-3 4-3 Zoning District Regulated Signs Maximum Projection Into ROW Height Lighting Motion Allowable Content Maximum Area Maximum Number Allowable Structural Type CS Identification signs for busi- ness, wholesale, office and service uses 10 percent of wall parallel and/or closest to frontage, or 400 aggregate sq. ft. whichever is less 2 signs per business per street frontage Wall mounted 0 Below eaves or parapet No flashing None 250 sq. ft. for the first 100' of street frontage plus 100 sq. ft. of sign area for each additional 100' of street front- age not to exceed 750 sq. ft. for entire premises 1 sign per business per street frontage Freestanding 40' Nameplate 6 sq. ft. per nameplate 1 per business per street frontage Wall mounted Below eaves or parapet Directory 10 sq. ft. per sign 1 per building entrance Wall mounted Below eaves or parapet Directional signs 6 sq. ft. per sign Not specified Wall mounted Below eaves or parapet Freestanding 10' Internal only, no flashing City of Dubuque 4-3 4-3 Zoning District Regulated Signs Maximum Projection Into ROW Height Lighting Motion Allowable Content Maximum Area Maximum Number Allowable Structural Type CR Identification signs for busi- ness, retail and recreational uses 10 percent of wall parallel and/or closest to frontage, or 400 aggregate sq. ft., whichever is less; 250 sq. ft. for the first 100' of street frontage plus 100 sq. ft. of sign area for each additional 100' of street frontage not to exceed 750 sq. ft. for entire premises 2 signs per business per street frontage Wall mounted 0 Below eaves or parapet No flashing None 1 sign per premises regardless of the number of business - es within the premises Freestanding 50' Freestanding canopy sign 20 sq. ft. 4 signs per canopy Wall mounted Below canopy fascia Internal only, no flashing Nameplate 6 sq. ft. per nameplate 1 per business per street frontage Wall mounted Below eaves or parapet No flashing Directional signs 6 sq. ft. per sign Not specified Wall mounted Below eaves or parapet Freestanding 10' Internal only, no flashing Historic signs (Any sign located within a city historic district) 100 sq. ft. per sign 1 sign per street frontage Wall mounted or projecting 60" Below eaves or parapet None Conditional use provisions are the same allowances as business identification on signs except where further restricted by the ordinance or the zoning board of adjustment. City of Dubuque 4-3 4-3 Zoning District Regulated Signs Maximum Projection Into ROW Height Lighting Motion Allowable Content Maximum Area Maximum Number Allowable Structural Type ID Identification signs for name, profession, occupants or hours of operation 100 sq. ft. per sign 2 signs per building except as otherwise limited by ordinance authorizing the district Wall mounted 0 Below eaves or parapet No flashing None 2 per street frontage or 1 per building, whichever is greater Freestanding 10' Nameplate 6 sq. ft. per nameplate 1 per building per street frontage Wall mounted Below eaves or parapet Directory 10 sq. ft. 1 per building entrance Wall mounted Below eaves or parapet Directional signs 6 sq. ft. per sign Not specified Wall mounted Below eaves or parapet Freestanding 10' Internal only, no flashing City of Dubuque 4-3 4-3 Zoning District Regulated Signs Maximum Projection Into ROW Height Lighting Motion Allowable Content Maximum Area Maximum Number Allowable Structural Type LI HI MHI Identification signs for industrial, retail and service uses 10 percent of wall parallel and/or closest to frontage, or 400 aggregate sq. ft. whichever is less 2 signs per business per street frontage Wall mounted 0 Below eaves or parapet No flashing None Freestanding 25' 250 sq. ft. for the first 100' of street frontage plus 100 sq. ft. of sign area for each additional 100' of street front- age not to exceed 750 sq. ft. for entire premises 1 sign per business per street frontage Freestanding 50' Freestanding canopy sign 20 sq. ft. 4 signs per canopy Wall mounted Below canopy fascia Internal, no flashing Nameplate 6 sq. ft. per nameplate 1 per business per street frontage Wall mounted Below eaves or parapet No flashing Directory signs 9 sq. ft. 1 per building entrance Wall mounted Directional signs 9 sq. ft. per sign Not specified Wall mounted Freestanding 10' Internal only, no flashing PUD As specified in the particular PUD district City of Dubuque 4-3 4-3 Notes: 1. No off premises signs allowed except for temporary signs as regulated in section 4-3.9 of this ordinance. 2. Signs located in historic preservation districts must be approved by the historic preservation commission prior to issuance of a building permit. 3. Except signs for educational or religious institutions, then the above applies. City of Dubuque 4-3 OFF PREMISES SIGNS 4-3 Zoning District Regulated Signs Height Maximum Projection Into ROW Lighting Motion Setbacks Allowable Content Maximum Area Minimum Spacing Allowable Structural Type C-2 All off premises signs are condi- tional use 300 sq. ft. sign As determined by zoning board of adjustment at public hearing Wall mounted Below eaves or parapet 0 No flashing None Minimum 20' setback from front property line. Minimum 100' setback from historic districts Freestanding 25' C-3 All off premises signs 300 sq. ft. sign or 750 sq. ft. sign allowed if freestanding and abuts state or federal highway, or if freestanding and setback is at least 200' from historic districts Spacing between any 2 off premises sign structures, which are located on either side of federal aid primary highways, and oriented toward said highways will be no less than 750', and spacing be- tween any 2 off premises sign structures, which are located on either side of all other city streets and oriented toward said city streets will be no less than 500'. A linear measure- ment perpendicular to the centerline of the roadway(s) will apply to determine required distance and is taken from the nearest point of each structure Wall mounted Below eaves or parapet Minimum 100' setback from historic districts Freestanding 50' City of Dubuque 4-3 4-3 Zoning District Regulated Signs Height Maximum Projection Into ROW Lighting Motion Setbacks Allowable Content Maximum Area Minimum Spacing Allowable Structural Type C-4 All off premises signs 300 sq. ft. sign or 750 sq. ft. sign allowed if freestanding and abuts state or federal highway, or if freestanding and setback is at least 200' from historic districts Spacing between any 2 off premises sign structures, which are located on either side of federal aid primary highways, and oriented toward said highways will be no less than 750', and spacing be- tween any 2 off premises sign structures, which are located on either side of all other city streets and oriented toward said city streets will be no less than 500'. A linear measure- ment perpendicular to the centerline of the roadway(s) will apply to determine required distance and is taken from the nearest point of each structure Wall mounted Below eaves or parapet 0 No flashing None Minimum 100' setback from historic districts Freestanding 50' CS 300 sq. ft. sign or 750 sq. ft. sign if freestanding and abuts state or fed- eral highway, or if free- standing and setback is at least 200' from historic districts Wall mounted Below eaves or parapet Freestanding 50' CR 750 sq. ft. sign Wall mounted Below eaves or parapet Freestanding 50' City of Dubuque 4-3 4-3 Zoning District Regulated Signs Height Maximum Projection Into ROW Lighting Motion Setbacks Allowable Content Maximum Area Minimum Spacing Allowable Structural Type LI MHI All off premises signs 300 sq. ft. sign or 750 sq. ft. sign if setback is at least 200' from historic districts Spacing between any 2 off premises sign structures, which are located on either side of federal aid primary highways, and oriented toward said highways will be no less than 750', and spacing be- tween any 2 off premises sign structures, which are located on either side of all other city streets and oriented toward said city streets will be no less than 500'. A linear measure- ment perpendicular to the centerline of the roadway(s) will apply to determine required distance and is taken from the nearest point of each structure Wall mounted Below eaves or parapet 0 No flashing None Minimum 100' setback from historic districts Freestanding 50' HI 750 sq. ft. sign Wall mounted Below eaves or parapet Freestanding 50' PUD As specified in the particular PUD district City of Dubuque 4-3 4-3 4-3.12. Freeway 61/151 Corridor Signage Overlay District (SOD): A. Purpose And Intent: The signage overlay district (SOD) has been established along the three (3) mile long Freeway 61/151 corridor to: 1. Acknowledge the importance of the freeway corridor as a unique gateway to and through the city; 2. Identify the lands lying along and adjacent to the freeway and extending to the Mississippi River as requiring special attention in terms of visual aesthetics; 3. Protect and enhance the vistas both from and to the city and the Mississippi River valley along the freeway; 4. Eliminate the potential visual clutter viewable from the freeway while allowing the opportunity for signage, where possible, which is appropriate in terms of size, height and spacing; 5. Create clearly understandable and enforceable regulations for a specially defined district in the city. B. SOD Boundary: The signage overlay district (SOD) shall encompass the land as indicated on attachment A2, on file in the office of the city clerk, and on the official map of the city located in the planning services office, city hall, and is generally described as all land within six hundred sixty feet (660') of the westerly or northerly edge of the Freeway 61/151 right of way, from Grandview Avenue north to and including Schmitt Island, and extending east to the city's corporate limits, and including the area lying east of the upper bluff line between Southern Avenue and First Street, excluding the area within the Port of Dubuque planned unit development (PUD). C. SOD Sign Regulations: 1. Prohibited In Certain Areas: Within the signage overlay district (SOD), no off premises signs are allowed in the following areas: a. 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; City of Dubuque 4-3 4-3 b. 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; c. Area C is eliminated as it lies entirely within the Port of Dubuque PUD; and d. 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. 2. Sign Standards In Certain Areas: Within the signage overlay district (SOD), off premises signs in the following areas shall be subject to the standards set forth in section 4-3.11 of this ordinance: a. Area X on 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; b. 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 First Street and east of Locust Street from Dodge Street north to Third Street extending west to Freeway 61/151; and c. Area Z on the official zoning map generally described as all the land in the SOD east of Freeway 61/151 from the Third 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 Third Street overpass north to the extension of Eighth Street (area G on the official zoning map). 3. Other Areas: Signs in all other areas on the official zoning map (E, F, G) in the signage overlay district (SOD) shall meet the standards set forth in section 4-3.11 of this ordinance or set forth in this section, whichever are more restrictive. a. 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'). City of Dubuque 4-3 4-4 b. Size: Three hundred (300) square feet. c. Spacing: Five hundred feet (500') (linear measurement for signs visible to oncoming traffic). 4. Variance: The board of adjustment may grant a variance to increase the standards pertaining to height and size or reduce spacing requirements for any lawful sign, under section 5-3.5 of this ordinance. (Ord. 13-85, 3-18-1985; Ord. 35-86, § 1, 5-5-1986; Ord. 33-89, §§ 1, 2, 6-19-1989; Ord. 10-90A, § 1, 2-19-1990; Ord. 27-90, § 1, 4-2-1990; Ord. 92-90, § 1, 12-17-1990; Ord. 78-92, § 3, 11-2-1992; Ord. 12-93, § 3, 3-15-1993; Ord. 31-93, § 1, 6-21-1993; Ord. 4-95, § 1, 1-3-1995; Ord. 13-98, § 1, 3-16-1998; Ord. 42-99, § 1, 5-17-1999; Ord. 43-99, § 1, 5-17-1999; Ord. 99-99, § 1, 11-15-1999; Ord. 89-00, § 1, 10-16-2000; Ord. 21-01, §§ 1, 2, 4-16-2001; Ord. 32-02, § 1, 4-15-2002) 4-4: SITE PLAN REVIEW PROVISIONS: 4-4.1. Intent: The site plan review provisions of this section are intended to promote functional and aesthetic design of property development within the city. These provisions are intended to alleviate the potentially harmful effects on adjoining land of new development. Such provisions can produce site plans that respect their environmental, land use and economic context. Regulations of this section should ensure that new structures, utilities, streets, parking, circulation systems, yards and open spaces are designed in the most efficient, attractive and harmonious manner. 4-4.2. Application And Scope: A. Moratorium For Site Plans In Iowa 32 (Southwest Arterial) Corridor: The city planner shall not issue conditional or final approval for any site plan filed for property in the Iowa 32 (southwest arterial) corridor that lies within the corporate limits of the city of Dubuque, as shown delineated on drawings on file in the city clerk's office, from the effective date of this section to July 1, 2010, except where a vested right to the issuance of such approval accrued to any person, firm or corporation as a matter of law prior to the effective date of this section. Notwithstanding the foregoing, the city council may approve a proposed site plan upon a determination that the proposed site plan will not negatively impact the acquisition of right of way along the preferred alignment of the Iowa 32 (southwest arterial) corridor. The City of Dubuque 4-4 4-4 city council shall also consider any recommendation from the southwest arterial technical committee regarding potential negative impacts, if any, that would result from approval of the proposed site plan and the subsequent development of the parcel(s). B. Application And Scope Of Site Plan Review And Approval: No building permit or occupancy permit shall be issued, and no construction, grading or other land development activity listed below may be commenced on property unless a site plan has been submitted and approved for such activity as set forth in this section. Development activities subject to the requirements of this section may hereafter be carried out only in substantial conformance with the approved site plan and any conditions or restrictions attached thereto. Any substantial deviation from the approved site plan, unless approved in advance by the city planner, shall be deemed a violation of this ordinance. No occupancy permits for a new development shall be issued until all stormwater control, sanitary sewer, water mains, off street parking facilities and all other site plan requirements have been constructed and approved by the city, and are fully operational. C. Development Activities Subject To Site Plan Review: 1. Construction or expansion of any building, structure or free- standing sign, except single-family detached dwellings, duplexes and townhouses of not more than two (2) units and permitted accessory structures to a single-family dwelling or duplex; however, driveways to said single-family and duplex dwellings shall be paved with a hard surface. 2. Any change, alteration or modification in a structure or use which would require the provision of additional off street parking spaces, additional lot area, or other substantial change in zoning require- ments applicable to such structure or use. 3. The construction or creation of any parking lot or the expansion of any existing parking lot. 4-4.3. Administrative Waiver Of Site Plan Review, When Permitted: The city planner may waive the requirements for site plan review for any develop- ment activity within the scope of section 4-4.2 of this ordinance where the city planner reasonably believes that such a waiver will not adversely affect the purposes and intent of this ordinance. City of Dubuque 4-4 4-4 4-4.4. Contents Of Site Plan, Graphic: The site plan shall include one or more appropriately scaled maps or drawings of the property clearly and accurately indicating the following: A. Complete property dimensions; B. The location, grade and dimensions of all present and/or proposed streets or other paved surfaces and engineering cross sections of proposed new curbs and pavement; C. Complete parking and traffic circulation plan, if applicable, showing location and dimensions of parking stalls, dividers, planters or similar permanent improvements; perimeter screening treatment, including landscaping; D. Location and full dimensions of all buildings or major structures, both proposed and existing, showing exterior dimensions, number and area of floors, location number and type of dwelling units, height of building(s); E. Existing and proposed contours of the property taken at regular contour intervals not to exceed five feet (5'), or two feet (2') if the city planner determines that greater contour detail is necessary to satisfactorily make the determinations required by this ordinance; F. The general nature, location and size of all significant existing natural land features, including, but not limited to, sidewalks or paths, tree or bush masses, all individual trees over four inches (4") in diameter, grassed areas, surface rock and/or soil features, and all springs, streams or other permanent or temporary bodies of water; G. A locational map or other drawing at appropriate scale showing the general location and relation of the property to surrounding areas, including, where relevant, the zoning and land use pattern of adjacent properties, and existing street system in the area and location of nearby public facilities; H. Additional graphic information as may be required by the city planner or other city agencies to make determinations required by this ordinance. 4-4.5. Contents Of Site Plan, Written: All site plans shall include a report or narrative containing the following: A. Legal description and address of the property. City of Dubuque 4-4 4-4 B. Name, address and phone number(s) of the property owner(s). C. Name, address and phone number(s) of the developer(s) or contractor(s), if different than the owner(s). D. Proposed use(s) for all nonresidential buildings or structures. E. Data clearly identifying the following: total number and type(s) of dwelling units on the property; number and type of all structures or buildings, whether residential or nonresidential; total area of the property; number of dwelling units per acre; total floor area of each building. F. Proposed landscaping schedule indicating plant types, number and timing for installation. G. Proposed construction schedule of all structures and physical improvements indicating the timing and sequence of each major structure and improvement. H. Present zoning classification(s) of the property. Present and proposed type and number of parking spaces on the property. 4-4.6. Site Development Standards: A. The site plan must show that a reasonable effort has been made to conserve and protect those natural characteristics that are of some lasting benefit to the site, its environs and the community at large. B. Slopes which exceed ten percent (10%) shall be protected by appropriate measures against erosion, runoff, unstable soil, trees and rocks. Measures shall be taken to stabilize the land surface from unnecessary disruption. The soil conservation service shall be consulted for soil erosion control practices and allowable soil loss as permitted by the state. Said erosion control and soil Toss limitations shall be the responsibility of the property owner. C. All outside rubbish, storage and garbage areas shall be permanently screened from view to a height of at least six feet (6') and so constructed as to prevent accidental dispersal of the material contained therein. City of Dubuque 4-4 4-4 D. The placement of buildings, structures, fences, lighting and fixtures on each site shall not interfere with traffic circulation, safety, appropriate use and enjoyment of adjacent properties. E. On any corner lot, a visibility triangle shall be provided in which nothing shall be erected, placed, planted or allowed to grow as to materially impede vision from within motor vehicles, between a height of two feet (2') and eight feet (8') above the average grades of the intersecting property lines, in the area bounded by said lines, and a line joining the points of such property lines at a distance of ten feet (10') from the intersection. Visibility triangles shall also be provided at any vehicular access to a public way, except for any single-family detached dwellings, duplexes and townhouses of not more than two (2) units. In such case, the measurement shall be taken at the intersection of the front property and the edges of the driveway. F. Adequate illumination shall be provided to parking Tots, sidewalks and other areas for vehicular and pedestrian circulation. In no case shall illuminating devices be placed above fifteen feet (15') in height in a residential district. G. All parking spaces shall be clearly marked in accordance with section 4-4.7, "Parking Lot Design Standards", of this ordinance. Signs and pavement markings shall be used as appropriate to control traffic access and egress. H. All areas designed for vehicular use shall be paved with a minimum of either an eight inch (8") rolled stone base and two and one-half inch (21/2") asphaltic concrete mat, a six inch (6") Portland cement concrete pavement, or other equivalent pavement approved by the city. The paving surface must be so designed and maintained as to allow prompt and effective drainage of natural precipitation. No water drainage across sidewalks shall be allowed. Wherever reasonably practical, all utility service transmission systems, including, but not limited to, water, sewer, natural gas, electrical and telephone lines shall be placed underground. City of Dubuque 4-4 4-4 4-4.7. Parking Lot Design Standards: Standard Cars - Design Stall = 9' x 19' Angle Stall Depth Aisle Width Mod. Width 45° 20' (17') 13 53' 60° 21' (19') 18 60' 90° 19' (19') 24 62' Compact Cars - Design Stall = 8' x 16' Angle Stall Depth Aisle Width Mod. Width 45° 17' (15') 11 45' 60° 18' (16') 14 50' 90° 16' (16') 20 52' Alternate Compact Standard' Angle Stall Depth Aisle Width Mod. Width 45° 10' 13 53' 60° 21' 18 60' 90° 19' 24 62' Note: 1. Design stall width = 7.5 feet only when compact spaces are being integrated into a lot striped for standard car aisle width and stall depth. City of Dubuque 4-4 City oDubuque •.t 4141 'al!} )Wt2 1094N %k,t 10t.4 4-4 4-4 4-4 is forking D4,Wn.I6M FA; dthed cdr wortgans re'•et 440 it yreli 41) 411'-o` curb is tarif I 0 lei 1 IQ[ ._. .-- -r i 0 B (a) Cb 41$11 stall aisle d#h fic curly +lidth 4%""t,�� O S w .a so (c) Gil car curb wall lasth 4**,01 S-4' t#'.0" X6'•0' $-G' •S' -O' 9'-o' 14v *:r -o' 4'-r.' !4`-0' L d ¶.A4 OZ' O' 1d-0• re -c' ;+1•-G' iCi G' ,e -to City of Dubuque 4-4 4-4 4-4.8. Required Procedures For Site Plan Review: A. Applicants for site plan review shall meet with the city planner or the city planner's designee prior to submission of a site plan. The purpose of this meeting is to acquaint the applicant with site development standards and procedures. This meeting shall also serve to allow the applicant to present the scope and nature of the proposed project to the city planner. B. Following the initial meeting with the city planner or the city planner's designee, the applicant may submit a completed site plan for review. At least four (4) copies are required for all site plan sheets, drawings and written information. The city planner shall submit one copy to the city engineer and one copy to the zoning administrator for their permanent records. C. Within fourteen (14) working days of receiving a site plan, the city planner or the city planner's designee shall notify the applicant of any approval, conditional approval or disapproval. In cases of conditional approval or disapproval, written notification shall be given for the reasons of such action. In those site plans which propose the construction of new streets, driveways, curb cuts and other paved surfaces devoted to vehicular use, the city planner shall first obtain the advice and comment of the city engineer prior to any action. D. The city planner shall review the site plan for consistency with city planning policies and objectives and compliance with zoning regulations and standards. Development activity shall not commence until the site plan is approved. E. Site plan approvals are valid for a period of two (2) years from the date of approval. Within this two (2) year time frame, a building permit must be applied for. The city planner shall have the authority to grant a maximum of one 1 -year extension, provided the approved site plan is still in compliance with all current city codes and ordinances. F. One copy of the approved site plan shall be returned to the applicant. One copy of the approved site plan shall remain in the records of the city planner. 4-4.9. Appeal Procedure: The site plan review applicant, any aggrieved citizen, or any two (2) members of the zoning advisory commission may, upon notice, appeal in whole or in part, any determination or decision of the city planner made within the scope of this section, including a decision to City of Dubuque 4-4 4-5 waive site plan review made pursuant to section 4-4.3 of this ordinance. Appeal is without cost and shall be made by delivery of written notification of the appeal to the planning department within the fifteen (15) days immediately following the decision or determination from which appeal is sought. The zoning advisory commission shall review all appeals, and to that end shall have all the powers and duties of the city planner relative to site plan review. The affirmative vote of at least four (4) commissioners shall be necessary to affirm, overturn, or modify the decision from which appeal is sought. At the commission meeting, the appealing party or parties and all other interested parties shall be presented a reasonable opportunity to present their views. Following the appeals hearing, the commission must take action no later than the next regularly scheduled commission meeting. A failure to act within such period shall have the effect of affirming the determination from which appeal has been made. Decisions of the zoning advisory commission may be appealed to the board of adjustment in the same manner as appeals from a decision of an administrative officer. (Ord. 13-85, 3-18-1985; Ord. 70-90, § 1, 9-4-1990; Ord. 88-95, § 3, 12-18-1995, eff. 1-1-1996; Ord. 11-97, § 1, 2-3-1997; Ord. 102-00, § 1, 11-20-2000; Ord. 72-01, § 1, 11-19-2001; Ord. 33-02, § 1, 4-15-2002; Ord. 33-03, § 1, 4-21-2003; Ord. 69-03, § 1, 8-18-2003; Ord. 46-06, § 1, 6-19-2006; Ord. 35-07, § 1, 6-18-2007; Ord. 37-07, § 1, 7-16-2007; Ord. 41-08, § 3, 6-16-2008; Ord. 47-08, 7-7-2008) 4-5: LANDSCAPING AND SCREENING REQUIREMENTS: 4-5.1. Intent: The landscaping and screening requirements of this section are intended to promote attractive and harmonious growth of the city. Landscaping is a fundamental component of property development. These provisions are intended to preserve and enhance property values by ensuring that yards, open spaces, parking lots and public rights of way are designed and maintained with respect to plants and landscape materials. This section also intends that property development should respect land capabilities and constraints, minimize erosion and destruction of natural amenities and reduce conflicts between lands and uses. 4-5.2. Application And Scope: No new structure, building or parking lot shall be constructed unless in compliance with the landscape and screening standards of this section. City of Dubuque 4-5 4-5 4-5.3. Landscape Area Requirements: A. Single-family and two-family dwellings shall maintain a minimum of twenty percent (20%) of lot area as a permeable and uncovered surface that contains living material. Single-family and two-family dwellings shall be exempt from other requirements of this section. B. All other uses shall provide and maintain a landscaped area that equals or exceeds the greater area of the following: Required Area Definition 20 percent of building coverage: The area contained within a measurement of the exterior dimension of any building or structure at grade level, plus any hard surfaced area not associated with pedestrian access or egress from a vehicular use area; or 20 percent area of vehicular use area (VUA): The area includes those hard surfaced areas devoted to the circulation, loading, parking and storage of vehicles as defined by this ordinance. This area shall also include all hard surfaced paths or walks devoted to the access or egress of persons using the VUA and other VUAs on the property. Areas under roof or permanent canopy shall not be included in this total. Such areas whether used regularly or occasionally for vehicle storage are not, for the purposes of this section, to be calculated as vehicular use area; or 10 percent of combined building coverage and vehicular use area 4-5.4. Screening Requirements: A. All parking areas abutting a residential district or public right of way shall be screened from grade level to a height not less than three feet (3'). City of Dubuque 4-5 4-5 B. All commercial and industrial uses that abut residential, office, or institutional districts shall maintain screening not less than six feet (6') along the abutting property line or lines. C. Screening required by this ordinance shall be equivalent to the following: 1. Fences with at least fifty percent (50%) opaque construction; or 2. Hedges, shrubs or evergreen trees of at least thirty percent (30%) opacity at the time of installation and fifty percent (50%) opacity maintained within three (3) years of installation; or 3. Berms or graded slopes of not less than three feet (3') of mean height. Such berms or graded slopes shall contain at least fifty percent (50%) living material. (see following page) City of Dubuque 4-5 4-5 4-5.5. Landscaping And Screening Standards: to M"NG COVI o i` gt ihidt ALL. zra,QaTu!8's y dlpt ola ALL. 100404145, KD4 . ZaRSIcE t DAnte5, Sit Era M4 i 5 +JtP.1 444 , Lors AND 5imet.'15 ILIFittli MITI 60.16.L. g'iflrrkit•1 A'th -TWO 1RAsi4I.Y AREA, CALCUI.igTwrs treg s*aiiiir1 4++V•+CE OF X110 ?dem s's { voicw¢ti] o -' VVErtoice*, 1,0104:5 Amb bRot,FwAy5 1dou5 , meeza Ay Pock 6isizokere PArTQ + Pezwirtrev Accessomy wit-ptmeirs 1 'oi'JIlviwilM. Pet ,' L... City of Dubuque 4-5 4-5 1 2 c - 4 Y { Q 2.0114C DE ja ill F ,6 N ttr c t 5 1- l 5 6 SAF 0 4 v1 City of Dubuque -Jz st k U U7 .. uN 0 j Lx61 016 kU 4 4-5 4-6 4-5.6. Maintenance Of Landscaping And Screening: A. All required landscaping shall be maintained in proper condition. When replacement is necessary, all plants and other nonliving landscape materials shall be equal in size, density and appearance to those items requiring replacement. B. All required screening and fencing shall be maintained and, whenever necessary, replaced with materials that provide equivalent size, density and appearance. (Ord. 13-85, 3-18-1985) 4-6: NONCONFORMITIES IN GENERAL: Within the zoning districts established by this ordinance or its subsequent amendment, there exist: a) lots; b) structures; c) uses of land; d) uses of structures; e) uses of land and structures in combination; and f) character- istics of use, which were lawful before this ordinance was adopted or amended, but which would now be prohibited, regulated or restricted under the terms of this ordinance or its subsequent amendment. Such instances shall hereafter be considered lawful nonconformities. 4-6.1. General Statement Of Intent: It is the intent of this ordinance to recognize the legitimate interests of owners of lawful nonconformities by allowing such lawful nonconformities to continue, subject to the provisions contained herein. At the same time, it is recognized that lawful non - conformities may substantially and adversely affect the orderly develop- ment, maintenance, use and taxable value of other property in the same zoning district, property that is itself subject to the regulations and terms of this ordinance. In order to secure eventual compliance with the city's comprehensive plan and with the standards of this ordinance, it is therefore necessary to carefully regulate lawful nonconformities and to prohibit the reestablishment of such nonconformities that have been discontinued. To avoid undue hardship, nothing in this ordinance shall be deemed to require a change in the plans, construction, or designated use of any building on which actual construction was lawfully begun prior to the adoption or amendment of this ordinance and upon which actual building construction has been carried on diligently. "Actual building construction" is hereby defined to include the placement of construction materials in permanent position and fastened in a permanent manner. 4-6.2. Lawful Nonconformities: A. Lots: Any lot having insufficient area, width or depth for the zoning district in which it is located, frontage on an improved public street, City of Dubuque 4-6 4-6 or an improved private street of a planned district, or any combina- tion thereof, shall be considered a lawful nonconforming lot only if it was lawfully platted, recorded and on file in the office of the Dubuque County recorder prior to the adoption of this ordinance or if a deed or other instrument in the owners chain of title creating or containing a legal description consistent with the current dimensions of such lot was lawfully recorded and on file in the office of the Dubuque County recorder prior to the adoption of this ordinance. On any single lawful nonconforming lot within a zoning district which permits single-family detached residential dwellings, one such dwelling may be constructed by right; provided, that setbacks (yards), height, lot coverage, and off street parking requirements of the zoning district within which the parcel is located are complied with, and all appropriate permits are obtained prior to any construction activity. B. Structures: Structures that were lawfully constructed prior to the adoption of this ordinance but which could not be constructed under the terms of this ordinance by reason of restrictions on area, lot coverage, height, setbacks (yards), location on the lot or other requirements concerning structures, shall hereafter be considered lawful nonconforming structures. As such, they may continue to exist so long as they remain otherwise lawful; provided, that no reconstruction, enlargement or alteration of said structures shall occur that will increase their nonconformity except as provided for in section 4-6.5 of this ordinance. However, any lawful nonconforming structure or portion thereof may be altered to reduce its non- conformity. C. Uses: 1. Uses Of Land: Any use of land, or use of land which involves no individual structure with a replacement value exceeding one thousand dollars ($1,000.00) which would not be permitted under the terms of this ordinance but was lawfully existing at the time of the adoption of this ordinance shall hereafter be considered a lawful nonconforming use of land. As such, it may be continued so long as it remains otherwise lawful; and provided, that no enlargement, increase or extension of the lawful nonconforming use of land occurs so that a greater area of land is occupied than was occupied at the time of the adoption of this ordinance, and that no additional structures or additions to structures existing at the time of the adoption of this ordinance shall be constructed on the same zoning lot. Further, no such lawful nonconforming use of land shall be City of Dubuque 4-6 4-6 moved or relocated in whole or in part to any other portion of the zoning lot on which it is located than that portion occupied at the time of the adoption of this ordinance. If any lawful nonconforming use of land ceases for any reason for a period of more than ninety (90) consecutive days, any subsequent use of such land shall conform to the terms of this ordinance. 2. Use Of Structures: Any use of a structure with a replacement cost of one thousand dollars ($1,000.00) or more which would not be permitted under the terms of this ordinance but was lawfully existing at the time of the adoption of this ordinance shall hereafter be considered a lawful nonconforming use of that structure. As such, it may be continued so long as it remains otherwise lawful; and provided, that the structure in which the lawful nonconforming use is located shall not be enlarged, extended, constructed, reconstructed, moved, relocated or structurally altered except in changing the use to a permitted use in the district in which it is located or as otherwise provided for in this ordinance. However, a lawful nonconforming use of a structure may be extended throughout any parts of the structure in which it is located where said structure or parts thereof were manifestly arranged or designed for such use at the time of the adoption of this ordinance, but no lawful nonconforming use of a structure shall be extended to occupy any land outside such struc- ture. If any lawful nonconforming use of a structure is discontinued for any reason for a period of one year (except when government action impedes access to the premises), such structure shall only thereafter be used in conformity with the terms of this ordinance. 3. Uses Of Land And Structures In Combination: Any use of land in combination with a structure with a replacement cost of more than one thousand dollars ($1,000.00) which would not be permitted under the terms of this ordinance but was lawfully existing at the time of the adoption of this ordinance shall hereafter be considered a lawful nonconforming use of land and structure in combination. As such, it may continue so long as it remains otherwise lawful; and provided, that the provisions of this subsection 4-6.2C of this ordinance are complied with. 4. Characteristics Of Use: When an otherwise lawful existing use is permitted generally in any given zoning district but where, due to the adoption of this ordinance, required off street parking, paving or parking area, landscaping, screening, and similar regulations are not provided, such deficiencies attributable to the use shall be considered lawful nonconforming characteristics of such use. Said deficiencies shall be brought into conformance when the use they City of Dubuque 4-6 4-7 are attributable to is expanded, enlarged or the intensity is increased, even though the use itself is permitted generally. 4-6.3. Lawful Nonconforming Uses Superseded: Anywhere a lawful nonconforming use is superseded by a permitted use, such lawful nonconforming use shall not thereafter be resumed. 4-6.4. Expansion Of Residential Lawful Nonconformities: Residential lawful nonconformities may be expanded, provided they comply with the schedule of R -2A, "alternate two-family residential district regulations". 4-6.5. Reconstruction Of Certain Lawful Nonconforming Structures: Should any lawful nonconforming structure be destroyed by any means to an extent of more than seventy five percent (75%) of its replacement cost at the time of destruction, it may only be reconstructed in conformance with the provisions of this ordinance; provided, that the destruction was caused by an accident or act of God occurring after the adoption of this ordinance and such reconstruction does not increase the degree of nonconformity that existed prior to destruction; except that lawful nonconforming structures that are single-family detached dwellings, duplexes or townhouses of no more than two (2) laterally attached single-family dwellings, or multi -family dwellings, townhouses not exceeding six (6) units may be reconstructed. 4-6.6. Prohibition On Reestablishment Of Nonconforming Uses And Structures In Combination: Where nonconforming status applies to a use and structure in combination, the removal or destruction of the structure by more than seventy five percent (75%) of its replacement cost at the time of destruction shall prohibit the reestablishment of the nonconforming use in any case, except for those residential structures as referred to in section 4-6.5 of this ordinance. (Ord. 13-85, 3-18-1985; Ord. 6-91, § 1, 2-5-1991; Ord. 61-91, § 1, 8-5-1991; Ord. 19-93, § 1, 4-19-1993) 4-7: HOME OCCUPATIONS: 4-7.1. General Provisions: A. Home occupations shall be permitted as accessory uses within principal residential dwellings, provided they meet the following provisions and the requirements of the district in which located. A home occupation shall not be permitted that: 1. Changes the outside appearance of the dwelling or is visible from the street; City of Dubuque 4-7 4-7 2. Generates traffic, parking, sewerage or water use in excess of what is normal in the residential neighborhood; 3. Creates a hazard to person or property, results in electrical interference, or becomes a nuisance; 4. Results in outside storage or display of any kind; 5. Employs other than self or family members residing on the premises; 6. Occupies more than twenty five percent (25%) of the total floor area of the dwelling unit; 7. Requires deliveries of materials to and from the premises involving the use of vehicles over two (2) ton capacity, except parcel post or similar parcel service vehicles; 8. Produces noise, vibration, smoke, odors, heat or glare as a result of a home occupation which would exceed that normally produced by a single residence as determined by the city planner; 9. Advertises, using other than name, phone number and post office box. B. Customer and client contact shall be primarily by telephone or mail and not on the premises of the home occupation, except those home occupations such as tutoring, teaching, childcare or personal services which cannot be conducted without personal contact and as permitted in the following section. C. Services or sales conducted on the premises shall be by appointment only and shall not be oriented toward, or attract, off the street customer or client traffic. 4-7.2. Permitted Home Occupations: The following are permitted home occupations: Art studio. Cake decorating. Ceramics. Computer programming. City of Dubuque 4-7 4-7 Consultant services. Dressmaking, sewing and tailoring. Film processing. Home cooking and preserving. Home crafts. Home products distributors. Income tax preparation. Insurance salespersons. Mailing services. Painting, sculpturing and writing. Reserved for future use. Teaching limited to four (4) persons at one time. Telephone answering. Tutoring limited to four (4) persons at one time. Typist/stenographer. 4-7.3. Prohibited Home Occupations: The following uses shall be specifically prohibited as home occupations: Any use listed as office or commercial uses permitted in other districts. Antique/furniture refinishing for resale on the premises or as a service for the general public. Automobile repair, except that an individual residing on the premises may service such individual's own vehicle; provided, that the provisions of section 4-7.1 of this ordinance are met, and that no repairs shall take place between the hours of nine o'clock (9:00) P.M. to nine o'clock (9:00) A.M. City of Dubuque 4-7 4-8 Barber and beauty shops. 4-7.4. Home Occupations As Conditional Uses: Any proposed occupation not specifically prohibited by section 4-7.3 of this ordinance shall be considered a conditional use and be granted or denied by the board of adjustment upon finding that the proposed home occupation can meet the provisions of section 4-7.1 of this ordinance. (Ord. 13-85, 3-18-1985; Ord. 26-90, §§ 8, 9, 3-19-1990; Ord. 13-93, § 2, 3-15-1993; Ord. 79-06, § 1, 12-18-2006) 4-8: ADULT ENTERTAINMENT REQUIREMENTS AND DEFINI- TIONS: 4-8.1. General Statement Of Intent: The special provisions of this section are intended to regulate the location of adult entertainment establishments as herein defined, by specifying districts in which such uses may be permitted and requirements for spatial separation of such uses. Nothing in this ordinance shall be construed or interpreted to permit adult entertain- ment establishments in areas other than those set forth herein. Adult entertainment establishments are hereby acknowledged to have special characteristics and impacts upon their surroundings, and upon the use and enjoyment of adjacent property. It is the intent of these regulations to provide for the confinement of adult entertainment establishments to those commercial and industrial areas in which these special impacts are judged to be least disruptive to the use and enjoyment of adjacent properties. These regulations are further intended to require that adult entertainment establishments shall not be permitted to locate in such concentration that their operational features may establish the dominant character of any commercial or industrial area. These regulations are further intended to protect and balance lawful rights of expression with other lawful rights to the enjoyment and use of property, and are made with full consideration of the legal and constitutional issues heretofore adjudicated. The provisions of this section shall govern the location and spatial separation of adult entertainment establishments in commercial districts and industrial districts, and no such regulated use, as defined, may be permitted except in conformance with these provisions. These regulations are further intended to require that adult entertainment establishments shall not be permitted to locate in such concentration that their operational features may establish the dominant character of any City of Dubuque 4-8 4-8 commercial or industrial area and that may generate secondary negative impacts in the community that include increased crime rates and decreased property values. 4-8.2. Definitions: The following definitions shall govern the interpretation of this section: ADULT BOOKSTORE: An establishment having as a substantial or significant portion of its stock in trade, books, magazines, and other periodicals which are distinguished or characterized by their emphasis on matter depicting, describing or relating to "specified sexual activities" or "specified anatomical areas" (as herein defined), or an establishment or section devoted to the sale or display of such material. ADULT ENTERTAINMENT ESTABLISHMENT: ADULT MINI -MOTION PICTURE THEATER: ADULT MOTION PICTURE THEATER: An establishment having as a substantial or significant portion of its business the offering of entertainment, stock in trade of materials, scenes or other presentations characterized by emphasis on depiction or description of "specified sexual activities" or "specified anatomical areas" as herein defined. An enclosed building with a capacity for Tess than fifty (50) persons used for presenting material distinguished or characterized by an emphasis on matter depicting, describing, or relating to "specified sexual activities" or "specified anatomical areas" (as herein defined), for observation by patrons therein. An enclosed building with a capacity of fifty (50) or more persons used for presenting material distinguished or characterized by an emphasis on matter depicting, describing or relating to "specified sexual activities" or "specified anatomical areas" (as herein defined), for observation by patrons therein. City of Dubuque 4-8 4-8 SPECIFIED ANATOMICAL AREAS: A. Less than completely and opaquely covered: 1) human genitals, pubic region; 2) buttock; and 3) female breast below a point immediately above the top of the areola; and B. Human male genitals in a discernibly turgid state, even if completely and opaquely covered. SPECIFIED A. Human genitals in a state of sexual stimula- SEXUAL ACTIVITIES: tion or arousal; B. Acts of human masturbation, sexual intercourse or sodomy; C. Fondling or other erotic touching of human genitals, pubic region, buttock or female breast. 4-8.3. Regulations Governing Location And Spatial Separation Of Adult Entertainment Establishments: Adult entertainment establishments, and including adult bookstores, adult motion picture theaters, and adult mini - motion picture theaters, as herein defined, are hereby declared to be regulated uses according to this ordinance and their location and spatial separation shall be governed by rules as follows: A. Adult entertainment may be established within a commercial zoning district or any industrial zoning district but not within one thousand two hundred feet (1,200') of any residential or institutional district and any public or private (parochial) primary or secondary school property (K - 12) approved by the Iowa state board of public instruction. B. No adult entertainment use shall be allowed within two thousand five hundred feet (2,500') of any other adult entertainment use. 4-8.4. Moratorium On Use Of Certain Property As An Adult Entertainment Establishment: The building official shall not issue a permit for any new construction or substantial enlargement, alteration, repair or remodeling of any structure or building for an adult entertainment establishment within two thousand feet (2,000') of the property line of property used as an adult entertainment establishment as of the date of this ordinance nor shall any person use any property for an adult entertainment establishment within two thousand feet (2,000') of the property line of property used as an adult entertainment establishment as of the date of this ordinance in the city of Dubuque from the time of the adoption of this ordinance to June 1, 2008. City of Dubuque 4-8 4-9 Any person aggrieved or adversely affected by the building official's refusal to issue a permit or the prohibition on the use of property as provided in this ordinance shall appeal therefrom to the city council. The city council may direct the building official to issue a permit or allow the use of such property as an adult entertainment establishment where the city council finds that the refusal to issue a permit or the prohibition on the use of property would deprive the person of a vested right. (Ord. 13-85, 3-18-1985; Ord. 75-04, § 1, 10-18-2004; Ord. 57-07, § 1, 11-9-2007; Ord. 58-07, § 1, 11-19-2007; Ord. 24-08, §§ 1,2, 3-17-2008) 4-9: TOWERS AND ANTENNAS: 4-9.1. General Statement Of Intent: The provisions of this section are intended to regulate the location of towers and antennas. The telecommuni- cations act of 1996 restructured and deregulated many aspects of the country's communication industry. New wireless telecommunication providers entering the market desire to build a network that may require additional wireless telecommunications towers and antennas mounted on existing buildings and other structures. The purpose of these regulations is to encourage the use of the new technologies while protecting the safety and aesthetics of the community. 4-9.2. Definitions: ANSI: American National Standards Institute. ANTENNA: Any exterior transmitting, reception or receiving device mounted on a tower, building or free- standing structure and used in transmission or reception of electromagnetic waves, digital signals, analog signals, radio frequencies (excluding radar signals), wireless telecommuni- cation signals or other communication signals. ANTENNA ARRAY: A grouping of antennas that encompasses both transmitter(s) and receiver(s) of a single wireless telecommunication provider. FAA: Federal aviation administration. FCC: Federal communications commission. SUPPORT FACILITIES: Support buildings, boxes, cabinets or similar structures containing electrical or mechanical City of Dubuque 4-9 4-9 TOWER: TOWER HEIGHT: 4-9.3. Applicability: equipment and developed for the reception or transmission of electromagnetic waves, digital signals, analog signals, radio frequencies (excluding radar signals), wireless telecommuni- cation signals or other communication signals. Any structure that is designed and constructed primarily for the purpose of supporting one or more antennas, including self-supporting lattice towers, guyed towers, or monopole towers. The term also includes radio and television trans- mission towers, microwave towers, cellular telephone towers, alternative tower structures, and other similar structures. The term includes the structure and any support thereto. The distance measured from the grade level at the base of the tower to the highest point on the tower, including any antenna mounted on the tower. A. Nonessential Services: 1. Wireless telecommunication towers and antennas shall be regulated pursuant to this section and not regulated as essential service, public utility or private utility. B. Exceptions: This section shall apply to all towers and antennas except the following: 1. Individually owned residential receive only antennas. 2. Satellite receiving dishes not larger than five feet (5') in diameter (see accessory structures). 3. Existing or new public safety structures necessary for broadcast of emergency communications or warning sirens operated by govern- mental subdivisions. City of Dubuque 4-9 4-9 4-9.4. Towers: A. No tower, and their associated support facilities, shall be constructed, except in accordance with the following requirements: Zoning Districts Use Setbacks Height' Color Lighting Agricultural, residential, office, commercial, institutional, planned residential, planned commercial Conditional use permit required Equal to the height of the tower in all directions Single users: Not more than 75 feet 2 or more users: Not more than 150 feet Towers shall be finished in a neutral color to reduce visual impact subject to applicable FAA regulations No lighting of tower unless required by FAA or other governmental regulations Industrial: LI, MHI, HI, PI Permitted use Height allowed by district in which tower is located Note: 1. Tower height may be further restricted by section 2-5.11 of this ordinance, restricted height (RH) overlay district. B. Applicants proposing to construct a tower higher than allowed by subsection A of this section may apply for a variance to the zoning board of adjustment. C. Guys and support facilities must comply with setback requirements for the district in which they are located. D. Towers are prohibited in any public open space district. E. Towers are prohibited in historic districts and within one thousand feet (1,000') of any historic district. F. Application requirements for site plan review. 1. Site plans for towers shall be submitted and reviewed in accordance with section 4-4 of this ordinance and shall be considered a major site plan. The following information shall be submitted with the site plan: a. Site and landscape plans drawn to scale; City of Dubuque 4-9 4-9 b. A report, including a description and visual depiction of the tower, with technical reasons for its design and an explanation of why existing towers or other structures cannot be utilized; c. Engineered plans for the structure and foundation; d. The general capacity of the tower, and information necessary to assure that ANSI standards are met; e. A statement of intent on whether excess space will be leased; f. Proof of ownership of the proposed site or authorization to utilize it; g. Copies of any easements necessary; and h. An analysis of the area containing existing topographical contours. 4-9.5. Antennas: Antennas, and their essential support facilities, shall be allowed as a permitted use in any zoning district subject to the following: A. A simple site plan shall be submitted for each antenna or antenna array providing the following information: 1. Mounting location of proposed antenna or antenna array on host structure. 2. Description of antenna or antenna array height and width, including a photo (if available) or other visual representation. 3. Proof of ownership of the proposed site or authorization to utilize it. B. The antenna does not extend more than thirty feet (30') above the highest point of the host structure. C. Antennas may be mounted on nonresidential structures, including, but not limited to, existing towers, traffic signals, streetlights, water towers, billboards, telephone tower and emergency signal poles, bridges, and parking deck structures. D. Antennas or antenna arrays shall comply with the maximum height requirement of the zoning district in which they are located. Applicants proposing an antenna higher than allowed by the zoning City of Dubuque 4-9 4-9 district in which it will be located may apply for a variance to the zoning board of adjustment. E. No antenna or antenna array may, by virtue of this section, occupy, encroach or "overhang" any public right of way without the expressed approval of the city. F. Each antenna installation shall require a separate building permit. G. A building permit for the installation of an antenna in a historic district requires the prior issuance of a certificate of appropriateness from the historic preservation commission. 4-9.6. Support Facilities: A. Support facilities shall be of a color and construction that is compatible with surrounding development. B. Support facilities shall not be more than four hundred (400) square feet of gross floor area and more than twelve feet (12') in height. C. Setbacks for support facilities shall be the same as the setbacks required for other structures in the zoning district in which they are located. 4-9.7. Landscaping And Screening Requirements: A. Support facilities and tower bases shall be landscaped with a buffer of plant materials that effectively screens from view the tower base and any support facilities from adjacent property or street. The plantings installed shall be of a size and species that can achieve a height of six feet (6') and seventy five percent (75%) opacity within three (3) growing seasons. B. In locations where the visual impact of the tower and support facilities would be minimal, the landscape requirement may be reduced or waived by the city planner. C. Existing mature tree growth and natural landforms on the property shall be preserved to the maximum extent possible. Natural growth around the property perimeter may be considered a sufficient buffer for a proposed tower and support facilities as determined by the city planner. City of Dubuque 4-9 4-9 4-9.8. Application Requirements For Conditional Use Permits: An applicant proposing a tower that requires a conditional use permit for construction in the zoning district for which it is proposed shall submit the following information, in addition to requirements established in subsection 5-3.4A of this ordinance: A. Site and landscape plans drawn to scale; B. A report, including a description and visual depiction of the tower, with technical reasons for its design and an explanation why existing towers or other structures cannot be utilized, including preapproved city owned locations; C. The general capacity of the tower and information necessary to assure that ANSI standards are met; D. A statement of intent on whether the excess space will be leased; E. Proof of ownership of the proposed site or authorization to use it; F. Copies of any easements necessary; and G. An analysis of the area containing existing topographical contours. 4-9.9. Nonconforming Towers Or Antennas: Any existing tower or antenna which becomes nonconforming on the effective date hereof or becomes nonconforming at any future date shall be regulated according to the rules set forth in section 4-6 of this ordinance, except as follows: A. New antennas and support facilities may be mounted on a nonconforming tower. B. A nonconforming tower within one thousand feet (1,000') of a historic preservation district shall be considered a legal nonconforming tower. As such, the tower may remain until it has been abandoned. C. Should any lawful nonconforming tower be destroyed by any means to an extent of more than seventy five percent (75%) of its replace- ment cost at the time of destruction, it may only be reconstructed in conformance with the provisions of this section; provided, that the destruction was caused by an accident or act of God occurring after the adoption of this section and such reconstruction does not increase the degree of nonconformity that existed prior to destruction. City of Dubuque 4-9 4-9 4-9.10. Abandonment: A. The operator of a tower shall provide the city with a copy of the notice to the FCC of intent to cease operations. The operator shall have ninety (90) days from the date of ceasing operations to remove the tower and support facilities. B. Any antenna or tower that is not operated for a continuous period of twelve (12) months shall be considered abandoned, and the owner of such antenna or tower shall remove the same within ninety (90) days of issue date of the notice to remove the tower or antenna. A maximum of two (2) 12 -month extensions may be granted by the city planner if the tower operator is actively seeking tenants for the subject tower. C. If the owner of a tower fails, after notice, to remove the tower, the city shall begin the civil citation process. (Ord. 13-85, 3-18-1985; Ord. 3-99, § 1, 1-4-1999) City of Dubuque 5-1 5-1 CHAPTER 5 ADMINISTRATION AND ENFORCEMENT SECTION: 5-1: Enforcement, Violations And Penalties 5-2: Issuance Of Building Permits 5-3: Zoning Board Of Adjustment 5-4: Zoning Administrator 5-5: Appeals To Board, Standards And Procedure 5-1: ENFORCEMENT, VIOLATIONS AND PENALTIES: A. Enforcement: The provisions of this ordinance shall be administered and enforced by the zoning administrator designated by the city manager. B. Violations And Penalties: 1. Complaints Regarding Violations: Whenever a violation of this ordinance occurs or is alleged to have occurred, any person may file a complaint of such alleged violation with the zoning administrator stating fully the facts or grounds upon which the complaint is based. The zoning administrator shall promptly record and investigate such complaint and take appropriate action as provided by this ordinance. 2. Enforcement Procedure, Orders Or Directives: Whenever the zoning administrator finds that any of the provisions of this ordinance are being violated, the zoning administrator shall promptly notify in writing both the person(s) responsible for such violations and the city manager, indicating in such notice the nature of the violation and the actions ordered to correct it. The zoning administrator shall in all cases take such actions or issue such orders or directives as are authorized by this ordinance to ensure compliance with or to prevent violations of its provisions. City of Dubuque 5-1 5-3 3. Orders And Directives: In addition to all other powers conferred upon the zoning administrator by this ordinance, the zoning admin- istrator shall have the power to issue appropriate written orders or directives to any person deemed to be responsible for a violation of this ordinance, as provided above under subsection 5-162 of this section. A failure to promptly comply with such lawful orders or directives shall be deemed a violation of this ordinance, punishable as provided herein. Such orders or directives shall include, but shall not be limited to: orders to discontinue illegal use of land, buildings, or structures; orders to remove illegal buildings or structures, or illegal additions, alterations or structural changes to buildings or structures; orders to discontinue illegal work or construction or any other appropriate orders to prevent or correct violations of this ordinance. (Ord. 13-85, 3-18-1985; Ord. 3-88, §§ 1, 2, 1-18-1988; Ord. 33-91, §§ 1, 2, 5-6-1991; Ord. 95-92, §§ 1, 2, 12-7-1992; Ord. 8-94, § 1, 2-21-1994) 5-2: ISSUANCE OF BUILDING PERMITS: No building or other structure shall be erected, moved, added to, or structurally altered without a building permit therefor, issued by the building commissioner, as provided by ordinance 3-75 of the city. However, no such building permit shall be issued by the building commissioner except in conformity with the provisions of this ordinance, unless the building commissioner receives a written order from the board of adjustment in the form of an administrative review, conditional use permit, or variances, as provided by this ordinance. (Ord. 13-85, 3-18-1985; Ord. 3-88, §§ 1, 2, 1-18-1988; Ord. 33-91, §§ 1, 2, 5-6-1991; Ord. 95-92, §§ 1, 2, 12-7-1992; Ord. 8-94, § 1, 2-21-1994) 5-3: ZONING BOARD OF ADJUSTMENT: 5-3.1. Establishment Of Board: A zoning board of adjustment is hereby established pursuant to chapter 414 of the code of Iowa, 1975. The word "board" as used in this ordinance shall mean the zoning board of adjustment. A. Membership Of Board: The board shall consist of five (5) members appointed by the city council. B. Term Of Office: Members of the board shall be appointed for a term of five (5) years, excepting that when the board shall first be created, one member shall be appointed for a term of five (5) years, one for a City of Dubuque 5-3 5-3 term of four (4) years, one for a term of three (3) years, one for a term of two (2) years, and one for a term of one year. C. Removal: Board members may be removed for cause by the city council upon written charges and after a public hearing. D. Vacancies: Vacancies on the board shall be filled for the unexpired term of any member whose term becomes vacant. E. Appointment To Airport Zoning Board Of Adjustment: Two (2) members of the board shall be appointed by the city council to serve on the airport zoning board of adjustment. A member shall serve out the term on the airport zoning board of adjustment even if the member's term on the zoning board of adjustment has expired. 5-3.2. General Procedure: A. Meetings: Meetings of the board shall be held at the call of the chairperson and at such other times as the board may determine. Such chairperson, or in the chairperson's absence, the acting chairperson, may administer oaths and compel the attendance of witnesses. All meetings of the board shall be open to the public. The board shall keep minutes of its proceedings, showing the vote of each member upon each question, of if absent or failing to vote, indicating such fact, and shall keep records of its examinations and other official actions, all of which shall be immediately filed in the office of the board and shall be a public record. The board may in addition adopt general rules of procedure not inconsistent with the provisions of this ordinance. B. Vote Of Board: The concurring vote of three (3) members of the board shall be necessary to reverse any order, requirement, decision or determination of any administrative official, or to decide in favor of the applicant on any matter upon which it is required to pass under this ordinance, or to effect any variation in such ordinance, or to adopt, repeal, or amend any rule of procedure adopted pursuant to this section. 5-3.3. General Powers: The board shall have the following powers: A. Appeals From Administrative Official: To hear and decide appeals where it is alleged there is error in any order, requirement, decision, or determination made by an administrative official in the enforcement of this ordinance. City of Dubuque 5-3 5-3 B. Conditional Uses: To hear and decide applications for conditional use permits upon which such board is required to pass under this ordinance. C. Variances: To authorize upon appeal in specific cases such variance from the bulk regulation provisions including parking and sign requirements of the ordinance as will not be contrary to the public interest, where owing to special conditions a literal enforcement of the provisions of the ordinance will result in unnecessary hardship, and so that the spirit of the ordinance shall be observed and substantial justice done. D. Special Exceptions: To hear and decide applications for special exceptions to the terms of this chapter, in accordance with the general regulations of the zone in which the property is located and specific standards contained herein. 5-3.4. Conditional Use Provisions: The board of adjustment may allow as conditional uses only those uses classified as conditional uses in this ordinance. No conditional use shall be allowed in a particular district unless such use is specifically permitted as a conditional use in the regulations for that district, and the board shall not act upon any conditional use permit application unless and until the requirements for each conditional use within the specific district in which it is located have been met. A. Application: Any person may file an application to use property for one of the conditional uses permitted in the district in which the property is located. All applications for a conditional use permit shall be made upon the official form for such applications which shall be available without cost from the office of development services. A sample copy of the application form is contained in the appendix to this ordinance on file in the offices of the city. The applicant shall be required to supply all pertinent items of information contained to the review of such application. Review of the application for a conditional use permit may be obtained by delivering two (2) copies of the completed application form to the zoning administrator together with payment of the required fee as specified in chapter 7 of this ordinance. Upon receipt of the completed forms and the required fee, the zoning administrator shall forthwith transmit one copy of the form to the board of adjustment, retaining the original form as part of the zoning administrator's permanent records. Prior to its review, the board may require the applicant for a conditional use permit to supply any further information beyond that contained in the application form where it reasonably considers such information City of Dubuque 5-3 5-3 necessary to make the determinations required by subsection C of this section. B. Notice And Hearing Required: Following receipt of the completed application form and any additional information required by the board, the matter shall be set for public hearing for the next scheduled meeting, if adequate notification time is available. The board shall with due diligence hold a public hearing to consider the application for a conditional use permit. Notice of the time and place of the public hearing shall be published in the newspaper of general circulation at least seven (7) days and not more than twenty (20) days prior to such hearing. The board shall direct and require verification that the applicant, or their agent, has sent notice of the time and place of the hearing by first class mail to all owners of property within two hundred feet (200') of the property at which the conditional use permit is sought. C. Standards For Granting Conditional Use Permit: No conditional use permit shall be granted unless the board determines on the basis of specific information presented at the public hearing or contained in the application for such use that each of the following conditions has been satisfied: 1. The proposed conditional use will comply with all applicable regulations of this ordinance, including lot requirements, bulk regulations, use limitations, and all other standards or conditions contained in the provisions authorizing such use. 2. Adequate utility, drainage and other necessary facilities or improvements have been or will be provided. 3. Adequate access roads or entrances and exit drives will be provided and will be designed so as to prevent traffic hazards and to minimize traffic conflicts and congestion in public streets and alleys. 4. All necessary permits and licenses required for the operation of the conditional use have been obtained, or it clearly appears that such permits are obtainable for the proposed conditional use on the subject property. 5. All exterior lighting fixtures are shaded wherever necessary to avoid casting direct light upon any property located in a residential district. City of Dubuque 5-3 5-3 6. The location and size of the conditional use, the nature and intensity of the activities to be involved or conducted in connection with it, the size of the site in relation thereto, and the location of the site with respect to streets giving access to the conditional use, shall be such that it will be in harmony with the appropriate and orderly development of the district and neighborhood in which it is located. 7. The location, nature and height of buildings, structures, walls, and fences on the site and the nature and extent of landscaping and screening on the site shall be such that the use will not reasonably hinder or discourage the appropriate development, use and enjoyment of the adjacent land, buildings and structures. 8. The proposed conditional use will not cause substantial injury to the value of other property in the neighborhood in which it is located and will contribute to and promote the convenience and welfare of the public. 9. Additional standards for granting a conditional use permit for a change in nonconforming uses: Where an applicant seeks a conditional use permit for the purpose of changing from one nonconforming use to another nonconforming use, as provided in section 4-6.3 of this ordinance, no conditional use permit for such change shall be granted unless and until the board further determines, in addition to the findings required by this section, that the proposed nonconforming use is more appropriate to the purpose and character of the zone in which it is located than the existing nonconforming use. The granting of any conditional use permit under this subsection shall not be deemed to otherwise authorize in the district involved any use not specifically listed as a permitted or conditional use for the district and the new nonconforming use allowed by the permit shall be subject to all provisions of section 4-6 of this ordinance to the same degree and extent as the prior nonconforming use. The board may solicit the opinion or advice of the planning and zoning commission, its staff, or any other public agency or employees whose advice the board considers necessary to properly make the determinations required by this section. However, such advice may not be relied upon in whole or in part as a basis for the ultimate decision to grant, conditionally grant, or deny the conditional use permit unless such advice is presented to the board in writing, is read or otherwise publicly presented at the public hearing, and is specifically identified as a determining consideration in the board's final written decision. City of Dubuque 5-3 5-3 D. Conditions And Restrictions On Conditional Use Permit: 1. Imposition Of Conditions And Restrictions: In granting a conditional use permit, the board may impose any conditions or restrictions it reasonably considers necessary to ensure full compliance with the standards of subsection C of this section, to reduce or eliminate any detrimental effect of the proposed conditional use permit upon the neighborhood or the district, or to carry out the general purposes and intent of this ordinance. 2. Modification Of Conditions And Restrictions: Any subsequent change or modification of a condition or restriction imposed by the board of adjustment in granting a conditional use permit must be approved in the same manner and with the same requirements as the original application for a conditional use permit. 3. Violation Of Conditions And Restrictions: A violation of such conditions and restrictions, when made a part of the terms under which the conditional use permit is granted, shall be deemed a violation of this ordinance. E. Decision And Records: The board shall render a written decision on an application for a conditional use permit within sixty (60) days after the close of the public hearing. The decision of the board shall contain specific findings of fact supporting the granting or denial of the conditional use permit and shall clearly set forth any conditions or restrictions imposed pursuant to subsection D of this section. The board shall maintain complete records of all actions with respect to applications for conditional use permits and shall notify the city council of the board's decision on each application. F. Period Of Validity: No conditional use permit granted by the board shall be valid for a period longer than two (2) years from the date on which the board grants the permit, unless within such two (2) year period: 1. A building permit is obtained and the erection or alteration of a structure is started, or 2. An occupancy permit is obtained, if required, and the use is commenced. The board may grant a maximum of one extension not exceeding six (6) months, upon written application, without notice of hearing. City of Dubuque 5-3 5-3 5-3.5. Variance Procedure: A. Application: Any person owning property may apply for a variance from the literal enforcement of the bulk regulation provisions including parking and sign requirements of this ordinance for the property or structure involved. All applications for a variance shall be made on the official form for such applications which shall be available without cost from the zoning administrator. A sample copy of the application form is on file in the offices of the city. The applicant shall be required to supply all pertinent items of information contained on the official application form, as a condition to review of such application. Review of the application for a variance may be obtained by delivering a copy of the completed application form to the zoning administrator together with payment of the required fee as specified in chapter 7 of this ordinance. Upon receipt of the completed forms and the required fee, the zoning administrator shall forthwith transmit a copy of the completed form to the board, retaining the original form as part of the zoning administrator's permanent records. Prior to its review, the board may require the applicant for a variance to supply any further information beyond that contained in the application form where it reasonably considers such information necessary to make the determination. B. Notice And Meeting Requirements: Following receipt of a completed application, the board shall, with due diligence, consider such application at a public meeting. The board shall direct and require verification that the applicant, or their agent has sent notice of the time and place of the meeting by first class mail to all owners of property within two hundred feet (200') of the property for which the variance is sought. At the public meeting, all interested parties shall be afforded a reasonable opportunity to appear and express their views on the application, either in person or by agent. A record of such meeting shall be entered into the minutes of the board. C. Requirements For Granting Of Variance: The board shall grant a variance only under exceptional circumstances where practical difficulty or unnecessary hardship is so substantial, serious and compelling that relaxation of the general restrictions ought to be granted. No variance shall be granted unless the applicant shall show and the board shall find that: 1. The particular property, because of size, shape, topography or other physical conditions, suffers singular disadvantage through the application of this ordinance which disadvantage does not apply to other properties in the vicinity; and City of Dubuque 5-3 5-3 2. Because of this disadvantage, the owner is unable to make reasonable use of the affected property; and 3. This disadvantage does not exist because of conditions created by the owner or previous owners of the property; and 4. Granting the variance requested will not confer on the applicant any special privilege that is denied by this ordinance to other lands, structures, or buildings in the same district; and 5. Granting of the variance will not be contrary to the public interest, will not adversely affect other property in the vicinity, and will be in harmony with the intent and purpose of this ordinance. In passing a variance, the board shall not consider prospective financial loss or gain to the applicant. D. Conditions And Restrictions Attached To Granting Of Variance: In granting a variance, the board may impose any conditions or restrictions it reasonably considers necessary to ensure full compliance with the standards of subsection C of this section, to reduce or eliminate any detrimental effect of the proposed variance upon the neighborhood or the public welfare, or to carry out the general purposes and intent of this ordinance. Violation of such conditions and restrictions, when made a part of the terms under which a variance is granted, shall be deemed a violation of this ordinance. E. Decisions And Records: The board shall render a written decision on an application for a variance within sixty (60) days after the close of the public meeting. The decision of the board shall contain specific findings of fact supporting the granting or denial of the variance and shall clearly set forth any conditions or restrictions imposed pursuant to subsection D of this section. The board shall maintain complete records of all action with respect to applications for a variance. 5-3.6. Appeals From Board Of Adjustment Decisions: Appeals from action or decision of the board of adjustment shall be made in the manner provided by chapter 414 of the code of Iowa, 1975, or any other applicable provisions of Iowa law. 5-3.7. Special Exception Procedure: A. Application: Any person owning property used solely for residential purposes may apply for a special exception from the literal City of Dubuque 5-3 5-3 enforcement of the bulk regulation requirements of this ordinance for the property or structure involved. All applications for a special exception shall be made on the official form for such applications which shall be available without cost from the zoning administrator. The applicant shall be required to supply all pertinent items of information contained on the official application form as a condition to review of such application. Review of the application for a special exception may be obtained by delivering a copy of the completed application form to the zoning administrator together with payment of the required fee as specified in chapter 7 of this ordinance. Upon receipt of the completed forms and the required fee, the zoning administrator shall forthwith transmit a copy of the completed form to the board, retaining the original form as part of the zoning administrator's permanent records. Prior to its review, the board may require the applicant for a special exception to supply any further information beyond that contained in the application form where it reasonably considers such information necessary to make the determination. B. Notice And Meeting Requirements: Following receipt of a completed application, the board shall, with due diligence, consider such application at a public meeting. The board shall direct and require verification that the applicant, or their agent, has sent notice of the time and place of the meeting by first class mail to all owners of property abutting the property for which the special exception is sought, including property directly across the street. At the public meeting, all interested parties shall be afforded a reasonable opportunity to appear and express their views on the application, either in person or by agent. A record of such meeting shall be entered into the minutes of the board. C. Requirements For Granting Of Special Exception: The board shall grant a special exception when the applicant has shown that the following standards have been met or are not applicable: 1. That the specific proposed exception will not be detrimental to or endanger public health, safety, comfort or general welfare. 2. That the specific proposed exception will not be injurious to the use and enjoyment of other property in the immediate vicinity for the purposes already permitted, and will not substantially diminish and impair property values within the neighborhood. 3. That establishment of the specific proposed exception will not impede the normal and orderly development and improvement of the City of Dubuque 5-3 5-3 surrounding property for uses permitted in the zone in which such property is located. 4. That adequate utilities, access roads, drainage and other necessary facilities are being provided. 5. That, except for the specific exception being proposed, any structure shall in all other respects conform to the applicable regulations or standards of the zone in which it is to be located. D. Conditions And Restrictions Attached To Granting Of Special Exception: In granting a special exception, the board may impose any conditions or restrictions it reasonably considers necessary to ensure full compliance with the standards of subsection C of this section, to reduce or eliminate any detrimental effect of the proposed special exception on the neighborhood or the public welfare, or to carry out the general purpose and intent of this ordinance. Violation of such conditions and restrictions, when made a part of the terms under which a special exception is granted, shall be deemed a violation of this ordinance. E. Decisions And Records: The board shall render a written decision on an application for a special exception within sixty (60) days after the close of the public meeting. The decision of the board shall contain specific findings of fact supporting the granting or denial of the special exception and shall clearly set forth any conditions or restrictions imposed pursuant to subsection D of this section. The board shall maintain complete records of all action with respect to applications for a special exception. F. Limited Setback Waiver: The purpose of the limited setback waiver for one- and two-family residential structures that meet the following criteria established by the city council is to encourage reinvestment and infill housing, and to maintain property values in the city's residential neighborhoods. The city planner shall issue a waiver only for such setback adjustments that meet the following criteria. No public hearing or zoning board of adjustment review shall be required if the following criteria can be met. If these criteria are not met, then the applicant still has the opportunity to apply for a special exception from the zoning board of adjustment, in which case the criteria for the special exception, not the limited setback waiver, would apply. 1. The limited setback waiver requested is 33.3 percent or less of the required setback(s). City of Dubuque 5-3 5-4 2. That all abutting property owner(s), including property owners directly across the street, agree(s) to the setback waiver(s) on a notarized letter stating they have no objection to the request. 3. The setback waiver requested for an addition or an accessory structure is the same or greater than the setback(s) of the existing structure. 4. The setback waiver requested for reconstruction of an addition or an accessory structure is the same or greater than the setback(s) of a previously existing structure that has been removed. (Ord. 13-85, 3-18-1985; Ord. 3-88, §§ 1, 2, 1-18-1988; Ord. 33-91, §§ 1, 2, 5-6-1991; Ord. 95-92, §§ 1, 2, 12-7-1992; Ord. 8-94, § 1, 2-21-1994; Ord. 5-96, § 1, 2-5-1996; Ord. 77-02, § 1, 9-16-2002) 5-4: ZONING ADMINISTRATOR: The city manager shall designate a zoning administrator who shall be responsible for the enforcement and administration of this ordinance. The zoning administrator may be provided with the assistance of such other persons as the city manager may direct. 5-4.1. Duties Of Zoning Administrator: The zoning administrator shall have the following duties and responsibilities: A. To enforce the provisions of this ordinance by investigating information concerning violations thereof, and taking such actions or issuing such orders or directives as are deemed appropriate to ensure compliance with the ordinance. B. To keep accurate and complete records of all investigations, enforcement proceedings, site plans, PUD preliminary or final development plans, zoning correspondence and such other records as the zoning administrator may be required to keep under the provisions of this ordinance. C. To faithfully and promptly execute all other duties or responsibilities delegated to the zoning administrator under this ordinance. 5-4.2. Interpretation By Zoning Administrator: In making any judgment, interpretation, or decision authorized by this ordinance, the zoning administrator shall consider and be guided by the particular provisions of this ordinance and relevant statements of intent contained herein; provided, however, that nothing herein shall be deemed to authorize the zoning administrator in the performance of the zoning administrator's duties to City of Dubuque 5-4 5-5 permit any exception to, or variance from, the provisions or requirements of this ordinance, or to otherwise impinge upon the powers vested in the board of adjustment. (Ord. 13-85, 3-18-1985) 5-5: APPEALS TO BOARD, STANDARDS AND PROCEDURE: A. Authorization: Appeals may be made by any person aggrieved or any municipal officer, department, board or bureau affected by any order, requirement, decision, or determination made by an administrative official in the enforcement of this ordinance. B. Procedure For Appeal: Appeals may only be filed within thirty (30) days immediately following the date of the administrative action which is the subject to the appeal. An appeal is filed by delivering to the administrative office involved and to the board a completed notice of appeal, a sample copy of which appears in the appendix to this ordinance, together with the fee payment specified under chapter 7 of this ordinance. Official notice of appeal forms shall be available without cost from the zoning administrator. The notice of appeal must, in addition to all other information required by the form, specify the particular grounds for the appeal. The officer from whom the appeal is taken shall forthwith transmit to the board all documents constituting the record upon which action appealed from was taken. C. Effects Of Appeal: An appeal stays all proceedings in furtherance of the action appealed from, unless the officer from whom the appeal is taken certifies to the board of adjustment after the notice of appeal shall have been filed with such officer that by reason of facts stated in the certificate a stay would in such officer's opinion cause imminent peril to life or property. In such case, proceedings shall not be stayed otherwise than by a restraining order which may be granted by the board of adjustment or by a court of record on application on notice to the officer from whom the appeal is taken and on due cause shown. D. Board Decision Of Appeal: In exercising its powers of appeal, the board may, in conformity with the provisions of this ordinance, reverse or affirm, wholly or partly, or may modify the order, requirement, decision, or determination appealed from and may make such order, requirement, decision, or determination as ought to be made, and to that end shall have all the powers of the officer from whom the appeal is taken. (Ord. 13-85, 3-18-1985) City of Dubuque 6-1 6-1 CHAPTER 6 ZONING RECLASSIFICATION AND TEXT AMENDMENT PROCEDURE SECTION: 6-1: Zoning Reclassification Procedure 6-2: Notice And Hearing Requirements 6-3: Text Amendment Procedure 6-1: ZONING RECLASSIFICATION PROCEDURE: 6-1.1. General Statement Of Intent: The council finds that the reclassification of property is a sensitive and important legislative function which, in the interest of maintaining uniform zoning policies and the integrity of the comprehensive plan, should only be exercised sparingly and under proper conditions. For this reason, and because the original zoning district boundaries under this ordinance are presumed to be correct and appro- priate, it shall hereafter be the policy of the city council to reclassify property only where a clear showing has been made that the original classification was a mistake or that circumstances and conditions affecting the property in question have so materially changed so as to demand reclassification in the public interest. The reclassification procedures outlined herein should not be confused with, or used in place of, the ordinance amendment process or the variance process. Thus, the council intends that reclassification of property should not be entertained where: a) an alleged hardship peculiar to the property is claimed, which is more properly the subject of a variance request; or b) it is alleged that the ordinance provisions themselves as applied to similar properties are unreasonable, which is more properly the subject of an amendment proposal. In all cases, the burden shall be upon the person(s) seeking reclassification to demonstrate that the requested reclassification is more appropriate than the present classification, in Tight of the characteristics of the property and the public welfare. City of Dubuque 6-1 6-1 Furthermore, it is contemplated under this ordinance that the long range planning advisory commission is, in the first instance, the body responsible for the formulation and continuing review of the comprehensive plan, as expressed herein, and that the commission shall be charged with the duty of periodically reviewing the policies and provisions of this ordinance in light of its purposes and changing conditions, and proposing on its own initiative such district reclassifications or ordinance amendments as may be deemed appropriate to secure the public welfare. 6-1.2. Application Requirements: Any person may request a reclassification of property to another district, regardless of such person's interest in the property, by submitting a completed zoning reclassification application together with the fee as specified in section 7-2 of this ordinance, to the planning services division. The zoning advisory commission shall consider the request with diligence. On finding the request to be inappropriate, the commission may forthwith return a recommendation for denial to the city council. The commission may not recommend approval of any reclassifica- tion request which is found to be substantial in nature, as defined in section 6-1.3 of this ordinance, without first conducting a public hearing on such reclassification. Where a reclassification request is not deemed substantial in nature, the commission shall not hold a public hearing thereon. The commission shall hold a public hearing on any request when so directed by the city council. 6-1.3. Substantial/Nonsubstantial Reclassification: For purposes of this ordinance, the following shall be considered substantial reclassification requests: A. Any request which would result in the expansion in area of an existing zoning district by more than twenty percent (20%); or B. Any request which would result in the creation of a new district; or C. Any request involving the reclassification of more than two (2) acres of property; or D. Any request for a planned district designation. 6-1.4. Commission Action: Following the public hearing, or if no hearing is held, then at any time following receipt of the reclassification request, the commission may act to recommend approval or disapproval of the request. The affirmative vote of at least four (4) commission members shall be required to constitute approval of a substantial zoning reclassification request as defined in section 6-1.3 of this ordinance, and any lesser number of affirmative votes shall constitute a disapproval of the request. A City of Dubuque 6-1 6-1 failure of the commission to consider a zoning reclassification request within sixty (60) days following the first commission meeting at which the request is received, unless the person(s) seeking reclassification request(s) an extension of this sixty (60) day limitation, shall constitute commission approval thereof. A recommendation of the commission shall forthwith be transmitted to the city clerk. 6-1.5. Council Action: Following receipt of any recommendation of the commission, or on finding that the commission has not considered the request within the sixty (60) day limitation, the city clerk shall cause a notice to be published of the date, time and place for the city council to hold a public hearing on the requested reclassification, which shall be the next regular scheduled meeting of the city council which is not less than ten (10) days after the commission's public hearing on the reclassification, at which time all interested parties shall have an opportunity to be heard. At least seven (7) days' and not more than twenty (20) days' notice of the time and place of such hearing shall be published in a newspaper of general circulation in the city. Following the public hearing, the council shall act to adopt or reject the reclassification request. In cases where the commission has recommended disapproval of the reclassification the vote of at least three-fourths (3/4) of the council shall be required to enact the reclassification. Furthermore, in case of a written protest against the reclassification request which is filed with the city clerk and signed by the owners of twenty percent (20%) or more of the area of the lots included in the request, or by the owners of twenty percent (20%) or more of the property which is located within two hundred feet (200') of the exterior boundaries of the property being considered for reclassification, such request shall not be enacted except by the favorable vote of at least three-fourths (3/4) of the council. Property owned by the city or located in the public right of way shall not be considered in the above calculation(s) of twenty percent (20%) area of property ownership. 6-1.5.5. Moratorium For Rezonings In Southwest Arterial Corridor: The city council shall not give final approval to any zoning reclassification (rezoning) request for property in the Iowa 32 (southwest arterial) corridor that lies within the corporate limits of the city of Dubuque, as shown delineated on drawings on file in the city clerk's office, from the effective date of this section to July 1, 2010, except where a vested right to the issuance of such approval accrued to any person, firm or corporation as a matter of law prior to the effective date of this section. City of Dubuque 6-1 6-2 Notwithstanding the foregoing, the city council may approve a requested rezoning upon a determination that the proposed rezoning will not negatively impact the acquisition of right of way along the preferred alignment of the Iowa 32 (southwest arterial) corridor. The city council shall also consider any recommendation from the southwest arterial technical committee regarding potential negative impacts, if any, that would result from approval of the requested rezoning and the subsequent development of the parcel(s). (Ord. 13-85, 3-18-1985; Ord. 70-90, § 1(e) -(g), 9-4-1990; Ord. 93-90, § 1, 12-17-1990; Ord. 33-91, § 4, 5-6-1991; Ord. 46-91, §§ 1, 2, 6-3-1991; Ord. 88-95, §§ 2, 3, 12-18-1995, eff. 1-1-1996; Ord. 41-00, §§ 1, 2, 5-1-2000; Ord. 102-00, § 2, 11-20-2000; Ord. 72-01, § 2, 11-19-2001; Ord. 33-02, § 2, 4-15-2002; Ord. 33-03, § 2, 4-21-2003; Ord. 46-06, § 2, 6-19-2006; Ord. 35-07, § 2, 6-18-2007; Ord. 37-07, § 2, 7-16-2007; Ord. 41-08, § 4, 6-16-2008) 6-2: NOTICE AND HEARING REQUIREMENTS: 6-2.1. Notice Of Commission Hearings: Notice of the time and place of all public hearings to be held by the zoning advisory commission shall be published in a newspaper of general circulation in the city at least seven (7) days and not more than twenty (20) days prior to the date of the hearing. A reasonable effort shall be made to notify by mail those property owners whose property is being considered for reclassification and those adjacent owners of property within two hundred feet (200') therefrom, prior to the first public hearing in which the reclassification request will be considered. Where the commission has a public hearing on a reclassification request, the commission shall direct and require verification that the applicant or their agent has taken responsible steps to give notice of the time, place, and subject of the hearing by first class mail to all property owners within two hundred feet (200') of the property for which reclassification is requested, and to the owner(s) of the property included in such request. The commission may require, at its discretion and at the applicant's expense, notification of owners of property located more than two hundred feet (200') from the subject property and of other parties with a direct interest in the reclassification requested. Where no commission hearing is held, council shall direct and require verification that the applicant or their agent has taken responsible steps for mailing such notice. Only one mailing shall be required in any event, and mail notice by the council shall not be required where the commission has set its own public hearing on the request. In all cases, however, the notice shall be mailed not City of Dubuque 6-2 6-3 less than seven (7) days and not more than twenty (20) days prior to the public hearing announced therein. 6-2.2. Hearing Procedures: At all public hearings held by the planning commission or city council, all interested persons shall have an opportunity to express their opinions on the subject matter at hand, either in person or by agent, subject in all cases to reasonable rules of procedure. (Ord. 13-85, 3-18-1985; Ord. 3-88, § 3, 1-18-1988; Ord. 70-90, § 1(d), (e), 9-4-1990; Ord. 33-91, § 3, 5-6-1991; Ord. 46-91, § 3, 6-3-1991; Ord. 88-95, § 3, 12-18-1995, eff. 1-1-1996) 6-3: TEXT AMENDMENT PROCEDURE: 6-3.1. Commission Action: Any person may propose amendments to the provisions of this ordinance by delivering a copy of the proposed amendment to the planning services division. Such proposals shall be considered in regular session by the zoning advisory commission, at a public hearing. Notice of the time and place of all public hearings shall be published in a newspaper of general circulation in the city at least seven (7) days and not more than twenty (20) days prior to the date of the hearing. Following the public hearing, the commission shall act to approve or disapprove the proposed amendment. The affirmative vote of at least four (4) commission members shall be required to constitute approval of the proposal, and any lesser number of affirmative votes shall be considered disapproval of the amendment. The commission's recommendations shall be forthwith transmitted to the council for its action. A failure by the commission to act within sixty (60) days following the first commission meeting at which the request is received, unless the person(s) seeking the amendment request(s) an extension of this sixty (60) day limitation of the proposed amendment, shall constitute commission approval thereof. 6-3.2. Council Action: Following receipt of the zoning advisory commission's recommendation or expiration of the sixty (60) day limit for zoning advisory commission action, council shall act to hold its own public hearing on the proposed amendment, at which all interested parties shall have an opportunity to be heard. At least seven (7) days' and not more than twenty (20) days' notice of the time and place of such hearing shall be published in a newspaper of general circulation in the city. Following the public hearing, council shall adopt or reject the proposed amendment. In those cases where the zoning advisory commission has recommended disapproval of the amendment, the affirmative vote of at City of Dubuque 6-3 6-3 least three-fourths (3/4) of the city council shall be required to enact the amendment. (Ord. 13-85, 3-18-1985; Ord. 70-90, § 1(b), (d), (e), 9-4-1990; Ord. 33-91, § 5, 5-6-1991; Ord. 46-91, § 4, 6-3-1991; Ord. 88-95, § 3, 12-18-1995, eff. 1-1-1996) City of Dubuque 7-1 7-1 CHAPTER 7 FEE SCHEDULE SECTION: 7-1: Fees Required 7-2: Amount Of Fee 7-3: Payment 7-4: Fee Exemption 7-1: FEES REQUIRED: A. Any application for the following development services shall be accompanied by the requisite fee: 1. Variance; 2. Conditional use permit; 3. Special exception; 4. Appeals to the board of adjustment; 5. Amendment to this ordinance; 6. Reclassification of property; 7. Planned district proposals; 8. Site plan review; 9. Temporary sign certificate; 10. Temporary use; 11. Floodplain permit; City of Dubuque 7-1 7-4 12. Floodway permit; 13. Limited setback waiver. B. An application for any of the above development services for which a zoning violation has been documented by the city planner also shall be subject to a zoning violation fee. (Ord. 13-85, 3-18-1985; Ord. 18-97, § 1, 3-3-1997) 7-2: AMOUNT OF FEE: The amount of each fee shall be as established by resolution of the city council in an official schedule of planning and zoning fees. (Ord. 13-85, 3-18-1985) 7-3: PAYMENT: All fees shall be collected by the city planner at the time of application for deposit with the city treasurer. (Ord. 13-85, 3-18-1985; Ord. 70-90, § 1(a), 9-4-1990) 7-4: FEE EXEMPTION: No fee is required for applications filed in the public interest by members of the city council, zoning advisory commission, the zoning board of adjustment or the city manager. (Ord. 13-85, 3-18-1985; Ord. 88-95, § 3, 12-18-1995, eff. 1-1-1996) City of Dubuque 8-1 8-1 SECTION: 8-1: Terms Defined CHAPTER 8 DEFINITIONS 8-1: TERMS DEFINED: In the interpretation of this ordinance, the following words and terms are to be used and interpreted as defined hereinafter: ACCESSORY BUILDING: ACCESSORY USE: ADULT ENTERTAINMENT ESTABLISHMENTS: ALLEY: AMUSEMENT CENTER: AUTOMATED BANK TELLER: A subordinate building, located on the same lot as the main building, or a portion of the main building, the use of which is clearly incidental to and customarily found in connection with the main building or principal use of the land. A use which is clearly incidental to and customarily found in connection with the principal use of the premises and which is located on the same lot as the principal use. See section 4-8 of this ordinance. A public right of way which affords a secondary means of access to abutting properties, not to be considered a street. A facility providing three (3) or more coin or token activated machines or devices for use by patrons as games of skill or entertainment. A machine or device for the dispensing and collecting of cash and conducting of other banking activities by the customer without an attendant. City of Dubuque 8-1 8-1 BABYSITTING: BASEMENT: BED AND BREAKFAST HOME: BED AND BREAKFAST INN: A residential accessory use providing temporary supplemental parental care for nonrelated children under twelve (12) years of age where such care is provided within a dwelling unit by the permanent resident thereof and that the number of such children shall not exceed six (6) children at any one time. Any floor level below the first story in a building, except that a floor level in the building having only one floor level shall be classified as a basement unless such floor level qualifies as first story. (See diagram in definition of Story.) A structure containing a single dwelling unit, which provides lodging and meals for overnight guests only, in which no more than five (5) sleeping rooms are available for guests and is the principal residence (as defined in the internal revenue code) of a person owning not Tess than thirty percent (30%) of the fee title to the property. Each sleeping room in a bed and breakfast home shall be at least one hundred forty (140) square feet in area. A structure containing a single dwelling unit with a full time resident owner or resident manager which provides lodging and meals for overnight guests only and has no more than nine (9) sleeping rooms available. Each sleeping room shall be at least one hundred forty (140) square feet in area. BOARDING HOUSE: See definition of Rooming House. BREEZEWAY: A roofed open passage connecting two (2) otherwise detached buildings. Breezeway connections shall not be construed to alter the detached status of the buildings so connected. BUILDING: Any structure used or intended for supporting or sheltering any use or occupancy. City of Dubuque 8-1 8-1 BUILDING HEIGHT: The vertical distance from the average ground level at the front wall of the building to the highest point of the underside of the ceiling beams for a flat roof or to the deck line of a mansard roof, or to the mean height level between eaves and ridge for gable, hip or gambrel roofs. BUILDING LINE: See definition of Setback. BULK REGULATIONS: An indication of size and setback of buildings and their location with respect to one another including lot area, lot frontage, lot coverage, required front yard, required side yard, required rear yard and building height. BUSINESS SERVICES: Uses providing services to people, groups, businesses, dwellings and other buildings. Business services shall include janitorial services, carpet and upholstery cleaning, painting and decorating, building maintenance, swimming pool maintenance, security service, graphics/advertising agency, photocopying/ duplication, quick print shops, printing, blueprinting, sign painting, nonvehicie equipment rental, photographic studios and similar uses. CAR WASH, FULL SERVICE: CAR WASH, SELF-SERVICE: CHILDCARE: A building or section thereof containing facilities for washing motor vehicles, using production line methods or mechanical devices and does not include customer self-service. A building or section thereof containing facilities for washing motor vehicles by providing spaces, water and handheld equipment for washing of motor vehicles by the customer. The care or supervision of a child by a person other than the child's parent/guardian or custodian for periods of less than twenty four (24) hours per day per child on a regular basis. "Childcare" does not include a licensed childcare center. City of Dubuque 8-1 8-1 CLUB, PRIVATE: A nonprofit voluntary association of persons for the promotion of same purposes or philosophy. The permitted uses of a building owned or leased by such an association shall include all customary club activities such as lectures, discussions, meetings, social or recreational events, and similar activities, and shall also include as an accessory use the sale of food or beverages, but only where limited to club members and guests and only in conformance with all state and federal regulations. COMMISSION: The planning and zoning commission of the city of Dubuque, Iowa. CONDITIONAL USE: A use which is permitted in a district only upon a finding by the board of zoning adjustment at a public hearing that specific conditions as established by this ordinance are present and can be met. DECK: A flat, floored, roofless structure. DENSITY: The average number of persons, families or dwelling units per unit of area. DEPARTMENT STORE: Any retail store offering multiple lines or categories of merchandise. DRIVE-IN See definition of Restaurant, Drive-In/Carryout. RESTAURANT: DUPLEX: See definition of Dwelling, Two -Family. DWELLING: DWELLING, MULTIPLE -FAMILY: Any building or portion thereof containing one or more dwelling units, but not including motels, hotels, rooming or boarding houses, institutions, or convalescent or nursing homes. A building designed exclusively to contain three (3) or more dwelling units, but not including townhouses. City of Dubuque 8-1 8-1 DWELLING, SINGLE-FAMILY: DWELLING, TWO-FAMILY: DWELLING UNIT: FAMILY: FLAMMABLE OR EXPLOSIVE MATERIALS: FLOOD HAZARD OVERLAY DISTRICT: FREESTANDING CANOPY: FUNERAL HOME/MORTUARY: A building designed exclusively to contain one dwelling unit, the main body of which shall not be less than twenty feet (20'). A building designed exclusively to contain two (2) dwelling units. A two-family dwelling is a duplex. A building or portion of a building which is exclusively arranged, occupied, or intended to be occupied as living quarters for one family. Any number of people occupying a single dwelling unit living together as a single housekeeping unit, related by blood, marriage or formal adoption, plus not more than three (3) additional people not so related, except that foster children and persons with disabilities as defined in title 8 of the city code shall be considered as family. Any substance which decomposes through detonation or which is intense burning. In addition, any substance which is considered an "explosive" or a "flammable liquid" as defined in division IV of article 1 of the city of Dubuque fire code shall be considered a flammable or explosive material. See section 3-5.3 of this ordinance. A permanent, freestanding, nonenclosed roof structure, for gas stations and financial institutions, designed to provide patrons shelter from the elements. A building used for the storage, preparation, and display of the deceased and for the performance of rituals and ceremonies connected therewith before burial or cremation. Crematoriums are permitted as an accessory use to a funeral home/mortuary providing they are licensed by the board of mortuary science City of Dubuque 8-1 8-1 GARAGE, RESIDENTIAL: GARAGE SALE (RUMMAGE SALE): GARDEN, NONCOMMERCIAL: GAS STATION, AUTOMATED: GAS STATIONS: GREENHOUSE, NONCOMMERCIAL: GROCERY STORE: GROUP HOME: examiners and have received an establishment permit to operate, required by Iowa Code, chapter 156, meet all federal regulations and be granted a conditional use permit from the zoning board of adjustment. A structure or building or portion thereof in which one or more cars are parked or stored. For purposes of this ordinance, garages include carports. A residential accessory use whereby items accumulated during the everyday residential use of a dwelling are sold. A plot of ground where fruit, herbs, flowers, vegetables or other plants are grown and for which the owner or operator derives no compensation on the site. A gas station characterized by customer activated fuel dispensing and packaged automotive products as the primary method to sell such products. Building and premises where gasoline, oil and minor auto accessories may be supplied and dispensed at retail. A gas station is not a service station. For other services in addition to the sales of gasoline, see definition of Service Stations. A building constructed primarily of glass or similar material in which temperature and humidity can be controlled for the cultivation of fruit, herbs, flowers, vegetables or other plants but not for sale on the premises. A retail food store not exceeding three thousand five hundred (3,500) square feet of floor area accessible to the general public. Any group of persons not meeting the definition of family and occupying a single dwelling unit City of Dubuque 8-1 HOME OCCUPATION: HORSE: HOSPICE: HOTEL: HOUSING FOR THE ELDERLY AND PERSONS WITH DISABILITIES: INTENSIFICATION OF USE: KENNEL: 8-1 living together as a single housekeeping unit, but not including a boarding or rooming house. Any occupation or activity conducted within a dwelling unit which is clearly incidental and secondary to the use of the premises for dwelling purposes. See section 4-7 of this ordinance for further information. A large solid hoofed herbivorous mammal (Equus caballus, family Equidae, the horse family) domesticated since a prehistoric period and used as a beast of burden, a draft animal, or for riding. A freestanding building serving as a medical and residential facility for terminally ill people, providing inpatient services and support services for families of the residents and patients. Any building containing six (6) or more guest - rooms designed for occupancy for sleeping purposes by guests. A multi -family structure designed, maintained and operated for exclusive occupancy by the elderly and/or persons with disabilities as defined by the regulations of the United States department of housing and urban development and providing that one dwelling unit may be used for a resident manager who shall be exempt from occupancy age limitations. An intensification of a use shall be any change, alteration, extension, expansion or enlargement of a use or use and structure in combination where the off street parking requirements of this ordinance would be calculated at a higher ratio and/or would require that additional off street parking spaces be provided. An enclosed building or structure for the commercial keeping, sheltering, training or selling of dogs, cats or other small domestic City of Dubuque 8-1 8-1 LAUNDROMAT: LICENSED CHILDCARE CENTER: animals with attached outdoor runs or exercise areas permitted for use by animals during the hours of seven o'clock (7:00) A.M. to ten o'clock (10:00) P.M. Such outdoor runs or exercise areas shall not exceed the square footage of the attached, enclosed building or structure. An establishment providing for the self-service washing, drying and cleaning of clothes or linens. A facility providing childcare or preschool services for children that requires state of Iowa licensure. LOT AREA: The total horizontal area included within the boundaries of the property lines. LOT COVERAGE: That portion of a lot covered by principal and accessory uses and/or buildings expressed as a percentage of the lot area. LOT DEPTH: The average distance from the front property line to the rear property line, measured in the general direction of the side property lines of the lot. LOT FRONTAGE: All sides of a lot adjacent to a street and measured along the front property line as it abuts the street or along the street right of way line on unplatted streets. LOT LINE: See definition of Property Line. LOT OF RECORD: LOT TYPES: A lot which is part of a subdivision recorded in the office of the county recorder, or lot or parcel described by metes and bounds, the description to which has been so recorded. Corner Lot: A lot located at the intersection of two (2) or more streets. City of Dubuque 8-1 Interior Lot: Through Lot: LOT WIDTH: 8-1 A lot other than a corner lot with only one frontage on a street. A lot other than a corner lot with frontage on more than one street. The horizontal distance between the side property lines measured at the front property line as it abuts the street or along the street right of way line on unplatted streets, except that on cul-de-sac lots, the lot width shall be measured at the required front yard setback line. . " Lot Width City of Dubuque 8-1 8-1 LOT, ZONING: MANUFACTURED HOME: MOBILE HOME: A zoning lot is a parcel of land of at least sufficient size to meet minimum zoning require- ments for use, coverage, and area, and to provide such yards and other open spaces as are herein required. Such lot shall have frontage on an improved public street, or on the approved private street, and may consist of: A. A single lot of record; B. A portion of a lot of record; C. A combination of complete lots of record, of complete lots of record and portions of lots of record, or of portions of lots of record; D. A parcel of land described by metes and bounds; provided, that in no case of division or combination shall any residual lot or parcel be created which does not meet the requirements of this ordinance. A factory built single-family structure, which is manufactured or constructed under the authority of 42 USC section 5403, federal manufactured home construction and safety standards, and is to be used as a place for human habitation, but which is not constructed with a permanent hitch or other device allowing it to be moved other than for the purpose of moving to a permanent site, and which does not have permanently attached to its body or frame any wheels or axles. A mobile home is not a manufactured home unless it has been converted to real property and is taxed as a site built dwelling. For the purpose of these regulations, "manu- factured home" shall be considered the same as any site built single-family detached dwelling. Any vehicle without motive power used or so manufactured or constructed as to permit its being used as a conveyance upon the public streets and highways and so designed, constructed, or reconstructed as will permit the City of Dubuque 8-1 8-1 MOBILE HOME PARK/SUBDIVISION: MOTEL: MOTOR FREIGHT TERMINAL: NURSERY SCHOOL: NURSING OR CONVALESCENT HOME: vehicle to be used as a place for human habitation by one or more persons; but shall also include any such vehicle with motive power not registered as a motor vehicle in Iowa. A mobile home is factory built housing built on a chassis. A mobile home shall not be construed to be a travel trailer or other form of recreational vehicle. A mobile home shall be construed to remain a mobile home, subject to all regulations applying thereto, whether or not wheels, axles, hitch, or other appurtenances of mobility are removed and regardless of the nature of the foundation provided. However, certain mobile homes may be classified as "manufactured homes". Nothing in this ordinance shall be construed as permitting a mobile home in other than an approved mobile home park, unless such mobile home is classified as a manu- factured home. Land exclusively designed and developed for two (2) or more lots to be sold or rented for the placement of mobile homes. Motel shall mean "hotel" as defined by this ordinance. A building or area in which freight brought by motor truck is received, assembled or stored and dispatched for routing by motor truck which may include motor truck storage. See definition of Licensed Childcare Center. An establishment providing full time housing and care for the aged or physically infirm, and not involving surgery, obstetrical services, or other major medical services more commonly provided in hospitals or clinics. Such establishment may involve usual convalescent or chronic care including bedside nursing care, administration of medicines or special diets, application of bandages or dressings, and similar procedures. City of Dubuque 8-1 8-1 OFFICE, GENERAL: OFFICE, MEDICAL: OPEN SPACE: OPEN SPACE, USABLE: A business establishment, or portion thereof, where consulting, record keeping, bookkeeping and clerical work are performed, but not to include medical offices or clinics. A business establishment, or portion thereof, furnishing medical, surgical or other service to individuals, including the offices of physicians, dentists, and other health practitioners, medical and dental labs, outpatient care facilities, blood banks, and oxygen and miscellaneous types of medical supplies and services. That part of a lot not devoted to buildings, structures, parking or loading areas, driveways or any principal or accessory use. An area of land or water or combination of land and water which may include complementary structures and improvements within the site, excluding space devoted to parking, designed and intended for common use and enjoyment. PERSONAL Uses providing human services exclusively to SERVICES: private individuals as the ultimate consumer. Personal services shall be limited to grocery shopping services, tailoring and alterations, private household services and temporary personal in-home care. PLANNED DISTRICT: PONY: A district with development characterized by a unified site development plan which may provide for a mixture or combination of residential, recreation and open space, and commercial uses, in accordance with the provisions of this ordinance. A small horse, especially one of any of several breeds of very small stocky animals, noted for their gentleness and endurance. PREMISES: A lot, together with all improvements thereon. City of Dubuque 8-1 8-1 PRINCIPAL PERMITTED USE: A main or predominant use maintained on a lot or premises. In some districts, maintenance of more than one principal permitted use on a lot or premises may be permitted. PROPERTY LINE: The legal, platted boundary of a lot or parcel of land. RECREATION, A facility for relaxation, diversion, amusement or INDOOR: entertainment in which participants or customers are charged for use of the facilities, devices or equipment; all such activity shall occur within the building or structure. RECREATION, A facility for relaxation, diversion, amusement or OUTDOOR: entertainment in which the participants or patrons customarily pay a fee for the use of facilities, devices or equipment; all or most of such activities shall occur on the exterior but within the property of the facility. RECREATIONAL VEHICLES: Any units designed for living or sleeping purposes, permanently equipped with wheels or permanently placed upon a wheel device for the purpose of transporting from place to place. This shall include, but is not limited to, camping trailers, campers, tent trailers, motor homes and tent campers. RESTAURANT, Any business establishment or portion thereof DRIVE-IN/CARRYOUT: where food is prepared for sale for consumption off the premises and/or served in disposable containers or wrappers, including all fast food restaurants equipped with a drive-through service and/or having a carryout service, and not serving beer, wine or alcoholic beverages. RESTAURANT, INDOOR: Any business establishment or portion thereof where food is prepared for sale for consumption on the premises, including all sit down restaurants, where food and beverage are served in nondisposable containers and which may involve carryout service and the serving of beer, wine and alcoholic beverages on the City of Dubuque 8-1 8-1 RETAIL COMMERCIAL USES: RETAIL SALES: RETAIL SALES/SERVICE: ROOMING HOUSE: premises of a limited nature as an accessory use to the restaurant, as defined in this section. A stand alone building with a large parking lot or a part of a larger commercial center, including, but not limited to: department store, grocery store, supermarket, wholesale club operation, discount store, general merchandise retailer, specialized product store (i.e., electronics, building materials or pet supplies), outlet store, general merchandise wholesaler open to the public, warehouse club, and similar uses. The sale of merchandise for direct consumption or use by the purchaser as an ultimate consumer. Establishments engaged in selling goods or merchandise to the general public for personal or household consumption and rendering services incidental to the sale of such goods. Retail sales/service establishments shall not include eating and drinking places, vehicle sales/service, or wholesale, processing or manufacturing operations with an accessory retail outlet on the premises. Any building or portion thereof, containing a single dwelling unit, wherein meals or lodging or both are provided for direct or indirect compensation to not less than three (3) and not more than ten (10) unrelated persons. RUMMAGE SALE: See definition of Garage Sale (Rummage Sale). SERVICE STATIONS: Any premises providing motor fuels, tires, accessories, lubricants and maintenance repair services at retail direct to the motorist consumer. Service stations shall not include major automotive repair such as tire recapping, bodywork, frame straightening, welding, painting or storage of nonoperable vehicles. City of Dubuque 8-1 8-1 SETBACK: SHOPPING CENTER, NEIGHBORHOOD: SHOPPING CENTER, REGIONAL: The minimum horizontal distance between a property line and the nearest portion of a structure to such property line. A group of commercial establishments with off street parking on the property that are planned and developed as an architectural unit, with a primary trade area of the neighborhood(s) in which it is located. A group of commercial establishments with off street parking on the property that are planned and developed as an architectural unit, a centrally managed facility requiring a highway or arterial location for their most beneficial operation; the market area of which includes the metropolitan area. SIGN: See section 4-3 of this ordinance. STORY: STORY, FIRST: That portion of a building included between the upper surface of any floor and the upper surface of the floor next above, except that the topmost story shall be that portion of a building included between the upper surface of the topmost floor and the ceiling or roof above. If the finished floor level directly above a usable or unused underfloor space is more than six feet (6') above grade as defined herein for more than fifty percent (50%) of the total perimeter or is more than twelve feet (12') above grade as defined herein at any point, such usable or unused underfloor space shall be considered as a "story". The lowest story in a building which qualifies as a "story", as defined herein, except that a floor level in a building having only one floor level shall be classified as a first story, provided such floor level is not more than four feet (4') below grade, as defined herein, for more than fifty percent (50%) of the total perimeter, or more than eight feet (8') below grade, as defined herein, at any point. City of Dubuque 8-1 STRUCTURE: si$T4 PAST 311:4411' IF THE NW WPC TI4014 FIAT NUM MADE km 140.AK PERMIETiAMOW WAN 1 L 01 CAVE C POGO L. BUILEINGS 8-1 PAULTI BVI . dUIIMIN S ROweeruX0 MU le CORY 1, 1111, rMOM W:u woie owe$ Farr manwon 1mdk1 P1 ENTarr+rt UL P1Wwleire12 AF$E mune AV irPOW WT.L le et.ilegFrE AS Toe swsr slur' TME 1 u Cori rhicornom sne!r AIME GRAM FOR AtLf�R3Y *o PERMIT cat Th Moven FMO4403MI IMMOT move GAVE ARAM Pere Anything constructed or erected with a fixed location on the ground, or attached to some- thing with a fixed location on the ground. Structures include, but are not limited to, buildings, mobile homes, walls, fences, bill - City of Dubuque 8-1 8-1 SUPERMARKET: TEMPORARY USES: TERRACE: boards, poster panels, aboveground storage tanks, and similar uses. A retail food store greater than three thousand five hundred (3,500) square feet of floor area accessible to the general public. Impermanent uses of an occasional nature not exceeding six (6) months' maximum duration. Temporary uses shall not involve the use of permanent structures, permanent signs or portable signs. Uses of a seasonal nature that recur periodically on a regular basis on the same site and reoccupy the same permanent building shall not be considered temporary uses. A raised earthen embankment with the top leveled. A terrace may be supported by a retaining wall. TOUR HOME: A residence usually of major local or regional historical or architectural interest visited on a regularly scheduled basis by an organization or tour company for a fee. TOWNHOUSES: Any series of two (2) or more laterally attached single-family dwellings in which each dwelling has separate access, utilities services and in which no dwelling is placed on top of another. USE: The purpose or activity for which land and/or the buildings thereon are designed, arranged, or intended or for which it is occupied or maintained. VARIANCE: A limited exception from the strict application of the bulk regulations of this ordinance which may be granted by the board of adjustment accord- ing to the standards of section 5-3.5 of this ordinance. VEHICLE: A "vehicle" shall be broadly interpreted to mean any implement of conveyance designed or used for the transportation of people or materials on City of Dubuque 8-1 8-1 VEHICLE SERVICE/ REPAIR: WHOLESALE ESTABLISHMENT: YARD: YARD, FRONT: YARD, REAR: land, water or air, including, but not limited to, automobiles, trucks, bicycles, motorcycles, snowmobiles, boats, airplanes, helicopters, trailers, campers, wagons, etc. A facility providing major vehicle repair such as tire capping, bodywork, frame straightening, welding, painting, storage of nonoperable vehicles and the sale of motor fuels, tires and lubricants for retail sale directly to the motorist/consumer. As an accessory use, the selling of vehicles with salvage titles may occur on a limited basis, provided they are stored in a building. Vehicles with salvage titles may be stored in the rear yard of the property, provided the vehicles are not stacked on top of other vehicles and materials and are permanently screened from view to a height of at least six feet (6') with at least fifty percent (50%) opacity. The sale of used parts other than as an incidental part of the business is prohibited. A business establishment engaged in selling to retailers or distributors rather than to consumers. A required open space which is unoccupied and unobstructed by any structure or portion thereof from the natural ground level to the sky, except as otherwise provided in this ordinance. The required yard extending between side lot lines across the front of a lot adjoining a street. In the case of corner Tots and through lots, front yards shall be required at all frontages of the lot. The depth of required front yard shall be measured at right angles to the front property line. The required front yard line shall be parallel to the front property line. The required yard extending across the rear of the lot between inner side yard lines. In the case of through lots and corner lots, there will be no rear yards, but only front and side yards. City of Dubuque 8-1 8-1 YARD, SIDE: YARD, SPECIAL: Depth of required rear yards shall be measured in such a manner that the yard established is a strip of the minimum width required by district regulations with its inner edge parallel to the rear property line. The yard extending from the rear line of the required front yard to the rear property line. In the case of through lots, side yards shall extend from the rear lines of front yards required. In the case of corner lots, yards remaining after front yards have been established shall be considered side yards. Width of a required side yard shall be measured in such manner that the yard established is a strip of the minimum width required by district regulations with its inner edge parallel to the side property line. A required yard other than the required front yard so oriented that neither the terms "side yard" nor "rear yard" clearly apply. In such cases, the city planner shall determine, based on topography, location, orientation and pattern of adjacent structures and development which yard requirement is more appropriate. STREET STREET REQUIRED YARDS _ FRONT YARD SIDE YARD m .4 N IS REAR YARD B EI SPECIAL YARD (Ord. 13-85, 3-18-1985; Ord. 37-85, § 1, 6-17-1985; Ord. 39-85, § 1, 7-1-1985; Ord. 25-86, § 2, 4-7-1986; Ord. 23-90, §§ 10, 11, 3-19-1990; Ord. 70-90, § 1(a), 9-4-1990; Ord. 34-91, § 1, 5-6-1991; Ord. 40-91, § 7, 5-20-1991; Ord. 10-92, § 3, 2-3-1992; Ord. 68-92, § 1, 9-15-1992; Ord. 13-93, § 1, City of Dubuque 8-1 8-1 3-15-1993; Ord. 15-94, § 1, 4-4-1994; Ord. 18-94, § 1, 4-18-1994; Ord. 3-95, § 1, 1-3-1995; Ord. 42-99, § 2, 5-17-1999; Ord. 81-99, § 1, 10-4-1999; Ord. 36-01, § 2, 6-18-2001; Ord. 80-06, §§ 1, 2, 12-18-2006; Ord. 18-07, § 1, 4-16-2007) City of Dubuque 9-1 9-2 CHAPTER 9 ADOPTION AND REPEAL OF CONFLICTING ORDINANCES SECTION: 9-1: Repeal Of Conflicting Ordinances 9-2: Effective Date Of Ordinance Provisions 9-1: REPEAL OF CONFLICTING ORDINANCES: Upon the effective date and publication of this ordinance, ordinance 32-75 and all amendments thereto shall be, and the same hereby are repealed. However, in the event that this ordinance shall fail to become effective for any reason whatsoever, ordinance 32-75 and all amendments thereto shall remain in full force and effect. (Ord. 13-85, 3-18-1985) 9-2: EFFECTIVE DATE OF ORDINANCE PROVISIONS: This ordinance shall be in force and effect on the day of its final passage, adoption and publication as provided by law. (Ord. 13-85, 3-18-1985) City of Dubuque