Ordinance 81-06OFFICIAL PUBLICATION
ORDINANCE NO. 81-06
AN ORDINANCE AMENDING APPENDIX A (THE ZONING ORDINANCE) OF
THE CITY OF DUBUQUE CODE OF ORDINANCES BY AMENDING GROUP
DAY CARE TO LICENSED CHILD CARE CENTER, AND AMENDING THE
FLOOR AREA REQUIREMENTS TO REFLECT STATE OF IOWA
REGULATIONS IN THE R-1 SINGLE-FAMILY, R-2 TWO FAMILY, R -2A
ALTERNATE TWO-FAMILY, R-3 MODERATE DENSITY MULTI -FAMILY, R-4
MULTI -FAMILY, OR OFFICE RESIDENTIAL, OS OFFICE SERVICE, OC OFFICE
COMMERCIAL, C-2 NEIGHBORHOOD SHOPPING CENTER, C-3 GENERAL
COMMERCIAL, C-4 DOWNTOWN COMMERCIAL, C-5 CENTRAL BUSINESS, LI
LIGHT INDUSTRIAL, MHI MODIFIED HEAVY INDUSTRIAL, AND HI HEAVY
INDUSTRIAL DISTRICTS.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF DUBUQUE, IOWA:
Section 1. That Appendix A (The Zoning Ordinance) of the City of Dubuque
Code of Ordinances is hereby amended by repealing Section 3-1.1(D)(2) and adopting
the following new Section 3-1.1(D)(2) for the R-1 Single -Family Residential District:
(D) Conditional Uses:
(2) Licensed child care center provided that:
(a) All applicable state requirements have been met;
(b) The parking group requirements can be met — [8];
(c) Such facility shall supply loading and unloading of children so as
not to obstruct public streets, or create traffic or safety hazards;
(d) All licenses have been issued or have been applied for awaiting
the outcome of the board's decision; and
(e) Signage shall be limited to one non -illuminated, wall -mounted sign
not to exceed four (4) square feet in area.
Section 2. That Appendix A of the Zoning Ordinance of the City of Dubuque Code
of Ordinances is hereby amended by repealing Section 3-1.2(D)(3) and adopting the
following new Section 3-1.2(D)(3) for the R-2 Two -Family Residential District.
(D) Conditional Uses:
(3) Licensed child care center provided that:
Ordinance No. -06
Page 2
(a) All applicable state requirements have been met;
(b) The parking group requirements can be met — [8]
(c) Such facility shall supply loading and unloading of children so as
not to obstruct public streets, or create traffic or safety hazards;
(d) All licenses have been issued or have been applied for awaiting
the outcome of the board's decision; and
(e) Signage shall be limited to one non -illuminated, wall -mounted sign
not to exceed four (4) square feet in area.
Section 3. That Appendix A of the Zoning Ordinance of the City of Dubuque Code
of Ordinances is hereby amended by repealing Section 3-1.3(D)(4) and adopting the
following new Section 3-1.3(D)(4) for the R -2A Alternate Two -Family Residential
District.
(D) Conditional Uses:
(4) Licensed child care center provided that:
(a) All applicable state requirements have been met;
(b) The parking group requirements can be met — [8]
(c) Such facility shall supply loading and unloading of children so as
not to obstruct public streets, or create traffic or safety hazards;
(d) All licenses have been issued or have been applied for awaiting
the outcome of the board's decision; and
(e) Signage shall be limited to one non -illuminated, wall -mounted sign
not to exceed four (4) square feet in area.
Section 4. That Appendix A of the Zoning Ordinance of the City of Dubuque Code
of Ordinances is hereby amended by repealing Section 3-1.4(D)(5) and adopting the
following new Section 3-1.4(D)(5) for the R-3 Moderate Density Multi -Family Residential
District.
(D) Conditional Uses:
(5) Licensed child care center provided that:
Ordinance No. -06
Page 3
(a) All applicable state requirements have been met;
(b) The parking group requirements can be met — [8]
(c) Such facility shall supply loading and unloading of children so as
not to obstruct public streets, or create traffic or safety hazards;
(d) All licenses have been issued or have been applied for awaiting
the outcome of the board's decision; and
(e) Signage shall be limited to one non -illuminated, wall -mounted sign
not to exceed four (4) square feet in area.
Section 5. That Appendix A of the Zoning Ordinance of the City of Dubuque Code
of Ordinances is hereby amended by repealing Section 3-1.5(D)(4) and adopting the
following new Section 3-1.5(D)(4) for the R-4 Multi -Family Residential District.
(D) Conditional Uses:
(4) Licensed child care center provided that:
(a) All applicable state requirements have been met;
(b) The parking group requirements can be met — [8]
(c) Such facility shall supply loading and unloading of children so as
not to obstruct public streets, or create traffic or safety hazards;
(d) All licenses have been issued or have been applied for awaiting
the outcome of the board's decision; and
(e) Signage shall be limited to one non -illuminated, wall -mounted sign
not to exceed four (4) square feet in area.
Section 6. That Appendix A of the Zoning Ordinance of the City of Dubuque Code
of Ordinances is hereby amended by repealing Section 3-2.1(D)(4) and adopting the
following new Section 3-2.1(D)(4) for the Office Residential District.
(D) Conditional Uses:
(4) Licensed child care center provided that:
(a) All applicable state requirements have been met;
(b) The parking group requirements can be met — [8]
Ordinance No. -06
Page 4
(c) Such facility shall supply loading and unloading of children so as
not to obstruct public streets, or create traffic or safety hazards;
(d) All licenses have been issued or have been applied for awaiting
the outcome of the board's decision; and
(e) Signage shall be limited to one non -illuminated, wall -mounted sign
not to exceed four (4) square feet in area.
Section 7. That Appendix A of the Zoning Ordinance of the City of Dubuque Code
of Ordinances is hereby amended by repealing Section 3-2.2(D)(2) and adopting the
following new Section 3-2.2(D)(2) for the Office Service District.
(D) Conditional Uses:
(2) Licensed child care center provided that:
(a) All applicable state requirements have been met;
(b) The parking group requirements can be met — [8]
(c) Such facility shall supply loading and unloading of children so as
not to obstruct public streets, or create traffic or safety hazards;
(d) All licenses have been issued or have been applied for awaiting
the outcome of the board's decision; and
(e) Signage shall be limited to one non -illuminated, wall -mounted sign
not to exceed four (4) square feet in area.
Section 8. That Appendix A of the Zoning Ordinance of the City of Dubuque Code
of Ordinances is hereby amended by repealing Section 3-2.3(D)(4) and adopting the
following new Section 3-2.3(D)(4) for the Office Commercial District.
(D) Conditional Uses:
(4) Licensed child care center provided that:
(a) All applicable state requirements have been met;
(b) The parking group requirements can be met — [8]
(c) Such facility shall supply loading and unloading of children so as
not to obstruct public streets, or create traffic or safety hazards;
Ordinance No. -06
Page 5
(d) All licenses have been issued or have been applied for awaiting
the outcome of the board's decision; and
(e) Signage shall be limited to one non -illuminated, wall -mounted sign
not to exceed four (4) square feet in area.
Section 9. That Appendix A of the Zoning Ordinance of the City of Dubuque Code
of Ordinances is hereby amended by repealing Section 3-3.2(D)(7) and adopting the
following new Section 3-3.2(D)(7) for the C-2 Neighborhood Shopping Center District.
(D) Conditional Uses:
(7) Licensed child care center provided that:
(a) All applicable state requirements have been met;
(b) The parking group requirements can be met — [8]
(c) Such facility shall supply loading and unloading of children so as
not to obstruct public streets, or create traffic or safety hazards;
(d) All licenses have been issued or have been applied for awaiting
the outcome of the board's decision; and
(e) Signage shall be limited to one non -illuminated, wall -mounted sign
not to exceed four (4) square feet in area.
Section 10. That Appendix A of the Zoning Ordinance of the City of Dubuque
Code of Ordinances is hereby amended by repealing Section 3-3.3(D)(2) and adopting
the following new Section 3-3.3(D)(2) for the C-3 General Commercial District.
(D) Conditional Uses:
(2) Licensed child care center provided that:
(a) All applicable state requirements have been met;
(b) Such facility shall provide for the loading and unloading of
children so as not to obstruct public streets or create traffic or
safety hazards;
(c) All licenses have been issued or have been applied for awaiting
the outcome of the Board's decision;
Ordinance No. -06
Page 6
(d) No group day-care 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;
(e) The parking group requirements can be met — [8]; and
(f) Signage for a single-family home location shall be limited to one
non -illuminated, wall -mounted sign not to exceed four (4) square
feet in area.
Section 11. That Appendix A of the Zoning Ordinance of the City of Dubuque
Code of Ordinances is hereby amended by repealing Section 3-3.4(D)(12) and adopting
the following new Section 3-3.4(D)(12) for the C-4 Downtown Commercial District.
(D) Conditional Uses:
(12) Licensed child care center provided that:
(a) All applicable state requirements have been met;
(b) Such facility shall provide for the loading and unloading of
children so as not to obstruct public streets or create traffic or
safety hazards;
(c) All licenses have been issued or have been applied for awaiting
the outcome of the Board's decision;
(d) No group day-care 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;
(e) The parking group requirements can be met — [8]; and
(f) Signage for a single-family home location shall be limited to one
non -illuminated, wall -mounted sign not to exceed four (4) square
feet in area.
Section 12. That Appendix A of the Zoning Ordinance of the City of Dubuque
Code of Ordinances is hereby amended by repealing Section 3-3.5(D)(1) and adopting
the following new Section 3-3.5(D)(1) for the C-5 Central Business District.
(D) Conditional Uses:
(1) Licensed child care center provided that:
Ordinance No. -06
Page 7
(a) All applicable state requirements have been met;
(b) Such facility shall provide for the loading and unloading of
children so as not to obstruct public streets or create traffic or
safety hazards;
(c) All licenses have been issued or have been applied for awaiting
the outcome of the Board's decision;
(d) No group day-care 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;
(e) Signage for a single-family home location shall be limited to one
non -illuminated, wall -mounted sign not to exceed four (4) square
feet in area;. and
(f) The parking group requirements can be met — [8].
Section 13. That Appendix A of the Zoning Ordinance of the City of Dubuque
Code of Ordinances is hereby amended by repealing Section 3-4.1(D)(1) and adopting
the following new Section 3-4.1(D)(1) for the LI Light Industrial District.
(D) Conditional Uses:
(1) Licensed child care center provided that:
(a) All applicable state requirements have been met;
(b) Such facility shall provide for the loading and unloading of
children so as not to obstruct public streets or create traffic or
safety hazards;
(c) All licenses have been issued or have been applied for awaiting
the outcome of the Board's decision;
(d) No group day-care 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;
(e) The parking group requirements can be met — [8];
(f) The conditional use applicant certifies that the premises on which
the group day care center will be located complies with, and will
for so long as the group day care center is so located, continue to
Ordinance No. -06
Page 8
(g)
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;
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.
Section 14. That Appendix A of the Zoning Ordinance of the City of Dubuque
Code of Ordinances is hereby amended by repealing Section 3-4.2(D)(2) and adopting
the following new Section 3-4.2(D)(2) for the HI Heavy Industrial District.
(D) Conditional Uses:
(2) Licensed child care center provided that:
(a) All applicable state requirements have been met;
(b) Such facility shall provide for the loading and unloading of
children so as not to obstruct public streets or create traffic or
safety hazards;
(c) All licenses have been issued or have been applied for awaiting
the outcome of the Board's decision;
(d) No group day-care 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;
(e) The parking group requirements can be met — [8];
(f) The conditional use applicant certifies that the premises on which
the group day care center will be located complies with, and will
for so long as the group day care center is so located, continue to
Ordinance No. -06
Page 9
(g)
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 U. S. C. section 9601 of the Federal
Comprehensive Environmental Response Compensation and
Liability Act; 40 C. F. R. section 302.4; and section 302.4, and
section 302 of the Superfund Amendments and Reauthorization
Act of 1986; and
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.
Section 15. That Appendix A of the Zoning Ordinance of the City of Dubuque
Code of Ordinances is hereby amended by repealing Section 3-4.4(D)(1) and adopting
the following new Section 3-4.4(D)(1) for the MHI Modified Heavy Industrial District.
(D) Conditional Uses:
(1) Licensed child care center provided that:
(a) All applicable state requirements have been met;
(b) Such facility shall provide for the loading and unloading of
children so as not to obstruct public streets or create traffic or
safety hazards;
(c) All licenses have been issued or have been applied for awaiting
the outcome of the Board's decision;
(d) No group day-care 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;
(e) The parking group requirements can be met — [8];
(f) The conditional use applicant certifies that the premises on which
the group day care center will be located complies with, and will
Ordinance No. -06
Page 10
(g)
for so long as the group day care 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 U. S. C. section 9601 of the Federal
Comprehensive Environmental Response Compensation and
Liability Act; 40 C. F. R. section 302.4; and section 302.4, and
section 302 of the Superfund Amendments and Reauthorization
Act of 1986; and
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.
Section 16. The foregoing amendment has heretofore been reviewed by the
Zoning Advisory Commission of the City of Dubuque, Iowa.
Section 17. This ordinance shall take effect immediately upon publication, as
provided by law.
Passed, approved and adopted this 18th day of December, 2006.
/s/Roy D. Buol, Mayor:
Attest:
/s/Jeanne F. Schneider, CMC
City Clerk
Published officially in the Telegraph Herald Newspaper the 27th day of December,
2006.
/s/Jeanne F. Schneider, CMC
City Clerk
1 t 12/27