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09_05_11 Work Session #1_Unified Development CodeTHE CITY OF DUBUQUE Masterpiece on the Mississippi Dubuque All-American City 2007 TO: The Honorable Mayor and City Council Members FROM: Michael C. Van Milligen, City Manager SUBJECT: Work Session - May 11, 2009 Unified Development Code DATE: May 7, 2009 Attached please find the material for the Work Session to be held Monday, May 11 on the Unified Development Code. Michael C. Van Milligen MCVM/jh Attachment cc: Barry Lindahl, City Attorney Cindy Steinhauser, Assistant City Manager THE CITY OF DUBUQUE Masterpiece on the Mississippi Dubuque All-American City 2007 TO: Michael Van Milligen, City Manager FROM: Laura Carstens, Planning Services Manager SUBJECT: City Council Work Session #1 -Unified Development Code DATE: May 7, 2009 INTRODUCTION The City Council will hold the first of four work sessions on the proposed Unified Development Code (UDC) on May 11, 2009 at 5:30 p.m. in the City Council Chamber, Historic Federal Building. The marked-up versions of first five Articles of the UDC are enclosed for City Council consideration. BACKGROUND The UDC combines the City's zoning, subdivision, historic preservation, and sign regulations into one document. The purpose of the UDC is to eliminate contradictory and redundant regulations while updating City codes to reflect new approaches in land use regulation and City initiatives. The UDC Request for Proposals (RFP) is enclosed for additional background information. The RFP identifies ordinance concerns, project objectives, critical issues, and project scope. PUBLIC INVOLVEMENT Working together, JEO Consultants, Planning Services and Legal staff reviewed, revised, and prepared a draft UDC for consideration by the City Council with considerable staff and citizen involvement. We provided public input opportunities. We worked with the UDC Technical Advisory Committee, comprised of City staff from the Engineering, Economic Development, Housing & Community Development, and Building Services Departments. We worked with citizens on the UCC Sign Review Advisory Committee, the UDC Citizen Advisory Committee, the Zoning Advisory Commission, the Environmental Stewardship Advisory Commission, and the Zoning Board of Adjustment. We invited the Developers' Roundtable to a series of UDC open houses. We also invited sign contractors to the open house on the UDC sign section. DISCUSSION The project objectives were for the UDC to: conform to local, state, and federal codes; be relevant for Dubuque; be user-friendly; and streamline the process. We have worked to draft a UDC that reduces obstacles and incorporates sustainable design provisions. Staff will review the enclosed power point presentation on sustainability in the existing zoning, subdivision, and historic preservation codes and in the proposed UDC. The Table of Contents divides the UDC into four sections. Section I is General Provisions, and includes Article 1: Title, Purpose and Interpretation and Article 2: Definitions. Section II is Land Use Regulations, and includes Article 3: General Provisions, Article 4: Non-conformities, Article 5: Zoning Districts, Article 6: Overlay Districts, Article 7: Supplemental Use Regulations, Article 8: Zoning Board of Adjustment Applications and Procedures, Article 9: Zoning Advisory Commission Applications and Procedures, and Article 10: Historic Preservation Commission Applications and Procedures. Section III is Land Development Regulations, and includes Article 11: Land Subdivision, Article 12: Site Plans, Article 13: Design Standards, Article 14: Parking, and Article 15: Signs. Section IV is Administrative Procedures, and includes Article 16: Administration and Enforcement, and Article 17: Legal Status Provisions. For the first UDC work session, staff will review the first 5 Articles, which are: • Article 1: Title, Purpose and Interpretation • Article 2: Definitions, • Article 3: General Provisions, • Article 4: Non-conformities, and • Article 5: Zoning Districts. Highlights of the proposed changes in UDC Articles 1 through 5 are described below. ARTICLE 1: Title, Purpose and Interpretation Describes the relationship of the UDC to the City Code and the Comprehensive Plan. ARTICLE 2. Definitions Over 300 definitions have been added, and many existing definitions have been modified to help clarify the regulations and to ensure conformance with state and federal laws. ARTICLE 3: General Provisions This section covers general lot requirements and standards, accessory structures and uses, and temporary uses. Minor updates have been made. This Article also includes a new provision for averaging front yard setbacks in R-1 Single-Family Residential, R-2 Two-Family Residential, R- 2A Alternate Two-Family Residential, and R-3 Moderate Density Multi- Family Residential Districts to promote traditional neighborhood design. The limited setback waiver has been moved to this section. 2 ARTICLE 4: Non-Conformities This section regulates how "grandfathered" structures and uses are regulated. Language has been revised by the legal staff to make these regulations easier to understand. ARTICLE 5: Zoning Districts Major changes to all zoning districts include: • Updated the purpose and intent sections of individual districts. • Updated and consolidated lists of permitted and conditional uses. • Reorganized charts of bulk regulations to improve readability. • Rear yard setbacks changed from percentage of lot depth to a fixed setback in feet. Major changes to specific districts include: • Creation of a new C-2A Mixed Use Neighborhood District. • Changed side yard setbacks where commercial abuts residential from six foot to 20 foot on a corner lot (see enclosed diagram and comparison chart of setbacks in other cities). • Eliminated off-street parking requirement in C-4 Downtown Commercial District to match C-5 Central Business District (Town Clock Plaza), to reduce requests for parking variances and support conservation of structures in the historic downtown and surrounding neighborhoods. • Consolidated the list of manufacturing uses in the HI Heavy Industrial and MHI Modified Heavy Industrial Districts into primary manufacturing and secondary manufacturing. Additional changes are highlighted in red text in the enclosed UDC Articles. Updated diagrams to illustrate definitions and bulk regulations are included for City Council review and comment. These diagrams will be incorporated into the text of the UDC in the finalized version. JEO Consultants has provided the enclosed color mock-up of the R-1 Single-Family Residential district to show how the use of text, photographs, charts and diagrams can be used convey information in the finalized version of the UDC. REQUESTED ACTION The requested action is for the City Council to review and comment on the enclosed Articles 1 through 5 and related diagrams of the proposed UDC at the work session. Enclosures cc: Kyle Kritz, Associate Planner Guy Hemenway, Assistant Planner Wally Wernimont, Assistant Planner James O'Brien, Assistant City Attorney 3 5/7/2009 Sustainability in the City of Dubuque's Existing Land Use Codes and Proposed Unified Development Code City Council Work Session May 11, 2009 City of Dubuque, Iowa Experience - Defining Sustainability: Sustainable Dubuque Initiative - Implementing Sustainability in Dubuque's Existing Land Use Regulations - Implementing Sustainability in Dubuque's Propsed Unified Development Code Defining Sustainability: Sustainable Dubuque Initiative Sustainable Dubuque Vision Statement: Dubuque is a viable, livable, and equitable community. We embrace economic prosperity, social/cultural vibrancy and environmental integrity to create a sustainable legacy for generations to come. 11 Sustainable Principles - Community Design - Reasonable Mobility - Green Buildings - Healthy Local Food - Community Knowledge - Healthy Air - Clean Water - Native Plants & Animals - Resource Management - Smart Energy Use - Regional Economy Implementing Sustainability through Dubuque's Existing Land Use Regulations 5/7/2009 Existing Land Use Codes - Zoning (citywide) - land use and site design - Subdivision (city + 2 miles out) - land division and layout of lots - Historic Preservations (districts) - building conservation and design standards & guidelines - Signs (3 codes) Sustainability in Existing Codes - Mixed use in PUDs (planned unit developments) - Mixed use in office, commercial, and industrial zones: upper story residential. - Manufacturing & warehouse are only uses limited to industrial districts. - Recycling facilities allowed in some commercial & industrial zones. - Minimal setbacks in commercial & industrial zones. Sustainability in Existing Codes - Mix of housing types in multi-family zones - Steamlined residential variances to promote reinvestment in existing homes. - Small lot development: 8/DU acre. - Clustered subdivision with smaller lots - Sidewalks on both sides of street in new development. Sustainability in Existing Codes - Limited setback waiver to encourage compact, contiguous development and reinvestment in existing neighborhoods. - Home occupations. - Gardens ni residential areas. - Incentives for affordable owner-occupied housing. - Floodplain management. - Conservation districts. Sustainability in Existing Codes - Historic preservation design guidelines - Parking credits for adaptive reuse - Solar & wind energy systems allowed. - Farmers' markets in commercial zones - Gardens in residential areas - Incentives for affordable owner-occupied housing - 2-mile fringe area development policy. Implementing Sustainability through the Unified Development Code 5/7/2009 Proposed UDC includes: - Zoning - Subdivision - Historic Preservation - Signs - NEW: Sustainable Development - uses, provisions, design standards & guidelines Sustainability in Proposed UDC - Retain sustainability in existing codes - Create new mixed-use neighborhood zoning district - Eliminate parking requirements in Downtown Commercial zones. - Set a maximum parking requirement (permeable paving if exceeded). - Shared parking regulations Sustainability in Proposed UDC - Encourage solar subdivision design - Require dedication of park land - Encourage conversation subdivision design - Provide density bonuses for sustainable subdivision design - Use average front yard setback to promote traditional neighborhood design Sustainability in Proposed UDC - Expanded regulations for wind energy - Encourage low impact development options for storm water management - Remove minimum lot size in commercial and industrial zones - Standards and guidelines for site design options for new construction, redevelopment, and older areas. Sustainability in Proposed UDC - Non-residential design standards: - Additional parking lot landscaping - Require tree preservation & planting - Provide bicycle parking - Big box retail design standards: - Green roofs or permeable pavement. - Inclusion of transit, redestrian and bicycle access and facilities. - Additional parking lot landscaping Section I -General Provisions Article 1 -Title, Purpose, and Interpretation City of Dubuque, Iowa Unified Development Code 2008 Table of Contents SECTION I -GENERAL PROVISIONS ........................................................................ 18-1 ARTICL E 1: TITLE, PURPOSE, AND INTERPRETATION ......................................................... 18-1- 1-1 Title ....................................................................................................................... 18-1- 1-2 Purpose .................................................................................................................. 18-f 1-3 Interpretation ......................................................................................................... 18~ 1-4 Relationship to City Code ..................................................................................... 18~ 1-5 Relationship to Comprehensive Plan .................................................................... 18-1- 1-6 Applicability of Prior Regulations ........................................................................ 192 ARTICLE 2: DEFINITIONS ...................................................................................................... ... 1 2-1 Rules ...................................................................................................................... ... 1 2-2 Acronyms ............................................................................................................... ... 1 2-3 Definitions .............................................................................................................. ...2 SECTION II -LAND USE REGULATIONS .................................................................... 41 ARTICLE 3: GENERAL PROVISIONS ....................................................................................... 41 3-1 Provisions of Code Declared to be Minimum Standards ........................................ 41 3-2 General Lot Requirements and Standards ............................................................... 41 3-3 Reduction in Lot Area Prohibited ........................................................................... 42 3-4 Obstructions to Vision at Street Intersections Prohibited ....................................... 42 3-5 Yard Requirements ................................................................................................. 42 3-6 Accessory Structures and Uses in Residential and Office Residential Districts .... 43 3-6.1 Accessory Structures and Uses Permitted .......................................................... 43 3-6.2 Bulk Regulations ................................................................................................. 44 3-6.3 Residential Use Prohibited ................................................................................. 44 3-7 Accessory Structures and Uses in All Other Zoning Districts ................................ 45 3-8 Accessory Uses Subject to Additional Review ....................................................... 45 3-9 Permitted Modifications of Height Restrictions ..................................................... 46 3-10 Occupancy of Basements and Cellars ..................................................................... 46 3-11 Fees ......................................................................................................................... 46 3-12 Prohibited Uses ....................................................................................................... 46 Dubuque, IA UDC Adopted 00/00/0000 1 Section I -General Provisions Article 1 -Title, Purpose, and Interpretation 3-13 Exemption from Regulation .................................................................................... 46 3-14 Off-Street Parking and Loading .............................................................................. 47 3-15 Public Buildings and Uses ...................................................................................... 47 3-16 Adjustment of Front Yard Setbacks in R1, R2, R2A, and R3 Districts .................. 47 3-17 Temporary Uses ............................................................................................... ....... 48 3-18 Construction Promotion Activity ..................................................................... ....... 48 3-19 Fences Located on Residential Lots ................................................................ ....... 49 3-19.1 Residential Districts ..................................................................................... ....... 49 3-19.2 Fences Located at Schools or in Nonresidential Districts ........................... ....... 49 3-19.3 Barbed Wire and Electric Fences ............................................................... 5038-~9 ARTICLE 4: NONCONFORMITIES .................................................................................... S1~59 4-1 Nonconformities Generally ............................................................................. 5131-58 4-2 Nonconformity Created by Change in Law or Boundary ............................... 51318 4-3 Effect on Nonconformities that were Illegal under Prior Law ....................... 51 ~4 58 4-4 Nonconforming Uses ...................................................................................... 51358 4-5 Nonconforming Lots ....................................................................................... 53~3~-~ 4-6 Nonconforming Structures .............................................................................. 53~-3-5~ 4-7 Nonconforming Characteristics of Use ........................................................... 54433 ARTICLE 5: ZONING DISTRICTS ..................................................................................... 5554 5-1 Generally ......................................................................................................... 55554 5-1.1 Application of Zoning District Regulations ................................................ X53334 5-1.2 Zoning District Boundaries ......................................................................... 53~~-3-4 5-1.3 Official Zoning Map .................................................................................... 33354 5-1.4 Zoning Districts Established ....................................................................... 333334 5-1.3 Annexation Zoning Policy ........................................................................... 373 5-1.6 Conformance to Code Required .................................................................. 373 5-2 R-1 Single-Family Residential ........................................................................ 57~ 5-2.1 Principal Permitted Uses ............................................................................ 373 5-2.2 Conditional Uses ......................................................................................... 383-. 5-2.3 Accessory Uses ............................................................................................ 38353 5-2.4 Temporary Uses .......................................................................................... 393935 5-2.3 Parking ........................................................................................................ 39~-4~ 5-2.6 Signs ............................................................................................................ 593938 Dubuque, IA UDC Adopted 00/00/0000 2 Section I -General Provisions Article 1 -Title, Purpose, and Interpretation S-2.7 Bulk Regulations ......................................................................................... 59 5-3 R-2 Two-Family Residential ........................................................................... 609-58 5-3.1 Principal Permitted Uses ............................................................................ 60 5-3.2 Conditional Uses ......................................................................................... 60~ 5-3.3 Accessory Uses ............................................................................................ 61 ~-~ 5-3.4 Temporary Uses .......................................................................................... 61 S-3. S Parking ........................................................................................................ 61 ~ 5-3.6 Signs ............................................................................................................ 62 5-3.7 Bulk Regulations ......................................................................................... 62~ 5-4 R-2A Alternate Two-Family Residential ........................................................ 626 5-4.1 Principal Permitted Uses ............................................................................ 62~ 5-4.2 Conditional Uses ......................................................................................... 63~-? 5-4.3 Accessory Uses ............................................................................................ 63 5-4.4 Temporary Uses .......................................................................................... 64H~ S-4. S Parking ........................................................................................................ 6=tH-~ 5-4.6 Signs ............................................................................................................ 64~=ib3 S-4.7 Bulk Regulations ......................................................................................... 63-1 5-5 R-3 Moderate Density Multi-Family Residential ........................................... ........ 65 S-S.1 Principal Permitted Uses ............................................................................. ....... 65 5-5.2 Conditional Uses ......................................................................................... 66 5-5.3 Accessory Uses .................................................................................................... 66 5-5.4 Temporary Uses .......................................................................................... ........ 67 5-S. S Parking ........................................................................................................ ........ 67 5-5.6 Signs ............................................................................................................ ........67 S-5.7 Bulk Regulations ......................................................................................... ........ 68 5-6 R-4 Multi-Family Residential ......................................................................... ........ 68 5-6.1 Principal Permitted Uses ............................................................................ ........ 68 5-6.2 Conditional Uses ......................................................................................... ........ 69 5-6.3 Accessory Uses ............................................................................................ ........ 70 5-6.4 Temporary Uses .......................................................................................... ........ 70 5-6.5 Parking ........................................................................................................ ........71 5-6.6 Signs ............................................................................................................ ........71 S-6.7 Bulk Regulations ......................................................................................... ........ 71 Dubuque, IA UDC Adopted 00/00/0000 3 Section I -General Provisions Article 1 -Title, Purpose, and Interpretation 5-7 OR Office Residential ............................................................................................. 72 5-7.1 Principal Permitted Uses .................................................................................... 72 5-7.2 Conditional Uses ................................................................................................. 73 5-7.3 Accessory Uses .................................................................................................... 73 5-7.4 Temporary Uses .................................................................................................. 74 5-7.5 Parking ................................................................................................................74 5-7.6 Signs ....................................................................................................................74 5-7.7 Bulk Regulations .................................................................................................75 5-8 OS Office Service ................................................................................................... 75 5-8.1 Principal Permitted Uses .................................................................................... 76 5-8.2 Conditional Uses ................................................................................................. 76 5-8.3 Accessory Uses .................................................................................................... 77 5-8.4 Temporary Uses .................................................................................................. 77 5-8.5 Parking ................................................................................................................77 5-8.6 Signs ....................................................................................................................77 5-8.7 Bulk Regulations .................................................................................................78 5-9 OC Office Commercial ........................................................................................... 78 5-9.1 Principal Permitted Uses .................................................................................... 78 5-9.2 Conditional Uses ................................................................................................. 79 5-9.3 Accessory Uses .................................................................................................... 80 5-9.4 Temporary Uses .................................................................................................. 81 5-9. S Parking ................................................................................................................ 81 5-9.6 Signs ....................................................................................................................81 S-9.7 Bulk Regulations ............................................................................................. 818 5-10 C-1 Neighborhood Commercial .............................................................................. 82 5-10.1 Principal Permitted Uses .................................................................................... 82 5-10.2 Conditional Uses ................................................................................................. 83 5-10.3 Accessory Uses ................................................................................................ 8384 5-10.4 Temporary Uses .............................................................................................. 838= 5-10. S Parking ................................................................................................................ 84 5-1 D. 6 Signs .................................................................................................................... 84 5-10.7 Bulk Regulations ............................................................................................. 8483 5-10.8 Standards for Nonresidential Uses ................................................................. 8483 Dubuque, IA UDC Adopted 00/00/0000 4 Section I -General Provisions Article 1 -Title, Purpose, and Interpretation 5-11 C-2 Neighborhood Shopping Center ...................................................................... 85 5-11.1 Principal Permitted Uses ............................................................................. ... 83€~b 5-11.2 Conditional Uses .......................................................................................... ... 86~? 5-11.3 Accessory Uses ............................................................................................. ....... 87 5-11.4 Temporary Uses .......................................................................................... 878? 5-11.5 Parking ............................................................................................................87~ 5-11.6 Signs ................................................................................................................87~ 5-11.7 Bulk Regulations .............................................................................................87~ 5-12 C-2A Mixed Use Neighborhood ..................................................................... 888 3-12.1 Principal Permitted Uses ............................................................................ 889 3-12.2 Conditional Uses .......................................................................................... ... 8889 3-12.3 Accessory Uses ............................................................................................ 898999 ~ -12. -l Temporary Us•es .......................................................................................... 898991 3-12.3 Parking ......................................................................................................... ...899{1 3-]2.6 Signs ............................................................................................................. ...899A 3-12.7 Bttlk Regulation.c ............................................................................................. 899A 5-13 C-3 General Commercial ................................................................................ 899~1~ 5-13.1 Principal Permitted Uses ............................................................................ 899- 5-13.2 Conditional Uses ......................................................................................... 92994 5-13.3 Accessory Uses ............................................................................................ 939-39-1 5-13.4 Temporary Uses .............................................................................................. 939-1 5-13. S Parking ............................................................................................................ 939-1 5-13.6 Signs ............................................................................................................. ...939-1 5-13.7 Bulk Regulations ......................................................................................... 939-~9~ 5-14 C-4 Downtown Commercial ....................................................................:...... 94949-~ 5-14.1 Principal Permitted Uses ............................................................................. ... 9~19~ 5-14.2 Conditional Uses ......................................................................................... 969 5-14.3 Accessory Uses ................................................................................................ 97~9~4 5-14.4 Temporary Uses .......................................................................................... 979899 5-14.5 Parking ........................................................................................................ 9798.99 5-14.6 Signs ............................................................................................................ 9898-49 5-14.7 Bulk Regulations .............................................................................................9899 5-15 C-5 Central Business ..................................................................................... 98-9-1-9(3 Dubuque, IA UDC Adopted 00/00/0000 5 Section I -General Provisions Article 1 -Title, Purpose, and Interpretation S-1 S.1 Principal Permitted Uses .......................................................................... 9899499 5-15.2 Conditional Uses ................................................................................... 100 1 !lam S-1 S. 3 Accessory Uses ...................................................................................... ] 004-9-~h2 5-15.4 Temporary Uses .................................................................................... 101 2 5-15.5 Parking ................................................................................................... .....1014-82 5-1 S. 6 Signs ...................................................................................................... 101 ~9~1~9-.~ 5-1 S. 7 Bulk Regulations ................................................................................... 101 "' 5-16 C S Commercial Service and Wholesale ................................................... l Ol ~ n 5-16.1 Principal Permitted Uses ...................................................................... 101 ' n 5-16.2 Conditional Uses ................................................................................... 1034B44B3 5-16.3 Accessory Uses ...................................................................................... 104 "'% 5-16.4 Temporary Uses .................................................................................... 10-13 5-16. S Parking ................................................................................................... ..... 104~--5 5-16.6 Signs ....................................................................................................... .....1044{ 5-16.7 Bulk Regulations ................................................................................... 104' n 5-17 C R Commercial Recreation ...................................................................... 104-1-0~4~ 5-17.1 Principal Permitted Uses ...................................................................... 104' n 5-17.2 Conditional Uses ..............................:.................................................... 10648 5-17.3 Accessory Uses ...................................................................................... 106-~4~}~3 5-17.4 Temporary Uses .................................................................................... 107 "',~;Q 5-17.5 Parking .................................................................................................. 10748 5-17.6 Signs ...................................................................................................... 10741-(1€~ 5-17.7 Bulk Regulations ................................................................................... 1074-6-84~1 5-18 L I Light Industrial ..................................................................................... 1079 5-18.1 Principal Permitted Uses ...................................................................... 1074-9~1~ 5-18.2 Conditional Uses ................................................................................... 1104-4~-I~ 5-18.3 Accessory Uses ...................................................................................... 1104-1~-.~4~ 5-18.4 Temporary Uses .................................................................................... 110441-~ 5-18.5 Parking .................................................................................................. 111 "~;;~ 5-18.6 Signs ...................................................................................................... 11144-1-2 5-18.7 Bulk Regulations ................................................................................... 111 1 7 5-19 HI Heavy Industrial ................................................................................... 111 ". 5-19.1 Principal Permitted Uses ...................................................................... 111444 ~-3 Dubuque, IA UDC Adopted 00/00/0000 6 Section I -General Provisions Article 1 -Title, Purpose, and Interpretation 5-19.2 Conditional Uses ................................................................................... 114 " 5-19.3 Accessory Uses ...................................................................................... ] I S " 5-19.4 Temporary Uses .................................................................................... 113 " 5-19. S Parking .................................................................................................. 11.E 1 1 5-19.6 Signs ...................................................................................................... 115 5-19.7 Bulk Regulations ................................................................................... 115 " 5-20 MHI Modified Heavy Industrial ............................................................... 115 " 5-20.1 Principal Permitted Uses ...................................................................... 113 " 5-20.2 Conditional Uses ................................................................................... 118 r ,T, n 5-20.3 Accessory Uses ...................................................................................... 11848 5-20.4 Temporary Uses .................................................................................... 1197 1 (z-ri~i 5-20.5 Parking .................................................................................................. 119" 5-20.6 Signs ...................................................................................................... 119-1~8 5-20.7 Bulk Regulations ................................................................................... 119' ~' 5-21 AG Agriculture ......................................................................................... 119,E 5-21.1 Prohibited Uses ..................................................................................... 119 , "~-~- ' 5-21.2 Principal Permitted Uses ...................................................................... 120 , "~-z-' 5-21.3 Conditional Uses ................................................................................... 120, "~-~-' 5-21.4 Accessory Uses ...................................................................................... 120 "~-~?? 5-21.5 Temporary Uses .................................................................................... 120' 5-21.6 Bulk Regulations ................................................................................... 120 " 5-21.7 Parking .................................................................................................. 121 l 5-21.8 Signs ...................................................................................................... 121 „ 5-22 ID Institutional .......................................................................................... 121 ~1-1-~2 5-22.1 Principal Permitted Uses ...................................................................... 121 „ 5-22.2 Accessory Uses ...................................................................................... 122.1-31~ 5-22.3 Procedures for District Establishment, Expansion, and Modification. 123-1~-~1~ 5-22.4 Unassociated Parties ............................................................................ 126 1 5-22. S District Standards ................................................................................. 12 7 z 5-22.6 Bulk Regulations ................................................................................... 1274-~ 5-23 POS Public Open Space ............................................................................ 1278 5-23.1 Principal Permitted Uses ...................................................................... 128 " 5-23.2 Conditional Uses ................................................................................... 128~?~4 Dubuque, IA UDC Adopted 00/00/0000 7 Section I -General Provisions Article 1 -Title, Purpose, and Interpretation 5-23.3 Accessory Uses ...................................................................................... 128 " 5-23.4 Temporary Uses .................................................................................... 12848 5-23. S Parking .................................................................................................. 12848 5-23.6 Signs ...................................................................................................... 128 " 5-23.7 Bulk Regulations ................................................................................... 129 " 5-24 P UD Planned Unit Development .............................................................. 129,'' 5-24.1 Purpose ................................................................................................. 129 " 5-24.2 General Requirements .......................................................................... 130' 2' 5-24.3 Development Regulations ..................................................................... 1304-2 5-24.4 Procedure to Establish, Amend, or Expand a PUD .............................. 132 , ?~-~-' 5-24.5 Plan Approval Standards ...................................................................... 133 T ? 5-24.6 Commission Recommendation .............................................................. 1334-344~~ 5-24.7 Council Action ...................................................................................... 134 r 2 5-24.8 Development to Follow Approved Site Plan ......................................... 1344-3~~ ARTICLE C : OVERLAY DISTRICTS ............................................................................ 1365 6-1 RROD Rural Residential Overlay ............................................................. 1361-fig 6-1.1 Applicability .......................................................................................... 1364-3-~1~ 6-1.2 Principal Permitted Uses ...................................................................... 136' ? 6-1.3 Conditional Uses ................................................................................... 136' ? 6-1.4 Accessory Uses ...................................................................................... 1364-3~1~ 6-1.5 Temporary Uses .................................................................................... 1364-3~8 6-1.6 Selection of Use ..................................................................................... 136 , ? 6-1.7 Reclassification to Original Underlying of Any Other Zoning District 137, ? 6-1.8 Conditions Required Prior to RRO Designation .................................. 137' 2 6-2 RHOD Restricted Height Overlay ............................................................ 137-3-8~-3s1 6-2.1 Applicability .......................................................................................... 137, ? 6-2.2 Area Designations and Height Limitations ........................................... 1374-9 6-2.3 Variance Prohibited .............................................................................. 1384-9-1-4A 6-3 Freeway 61/151 Corridor Signage Overlay District (SOD) ..................... 138-13~-1-48 6-3.1 Purpose ................................................................................................. 138 , ? 6-3.2 SOD Boundary ...................................................................................... 13844-48 6-3.3 SOD Sign Regulations ........................................................................... 139404-1-~ j 6-4 Floodplain Overlay Districts ..................................................................... 1404-1-~4~ Dubuque, IA UDC Adopted 00/00/0000 8 Section I -General Provisions Article 1 -Title, Purpose, and Interpretation 6-4.1 Purpose ................................................................................................. 1402 6-4.2 Lands to Which Regulations Apply ....................................................... 141 '~3 6-4.3 Establishment of Official Floodplain Zoning Map ............................... 141 ' ,' 6-4.4 Rules for Interpretation of District Boundaries .................................... 141 3 6-4. S Compliance ........................................................................................... 1414-F~3 6-4.6 Abrogation and Greater Restrictions .................................................... 141 ' , 6-4.7 Interpretation ........................................................................................ 141 '~3 6-4.8 Warning and Liability Disclaimer ........................................................ 1 ~124~-1~ 6-4.9 Establishment of Floodplain Overlay Districts .................................... 142' 6-4.10 Floodway Overlay District (FW) .......................................................... 142' '~--~; r4 6-4.11 Floodway Fringe Overlay District (FF) ............................................... 1-1=1~4~-I4~ 6-4.12 General Floodplain Overlay District (FP) ........................................... 1479 6-4.13 Floodplain Overlay District Administration ......................................... 1=t~Y4~-9-13} 6-4.14 Zoning Board of Adjustment Action Authorized ................................... 1 ~ 04~-~-2 6-5 Airport Overlay ......................................................................................... 1525-~ 6-5.1 Purpose, Government Regulations, Conformance ................................ 1 ~24-~4 6-5.2 Definitions ............................................................................................. 1324~1~4 6-5.3 Zones, Generally ................................................................................... 136-~38 6-5.4 Zone A -Runway Protection Zone ....................................................... 1364-3~8 6-5.5 Zone B -Approach Surface .................................................................. I SFl 6-5.6 Zone C -Transitional Surface .............................................................. 1 sb4~-748 6-5.7 Zone D-Horizontal Surface ................................................................ 1 S 7, c 6-S. 8 Zone E -Conical Surface ..................................................................... 157' 6-5.9 Zones B - E Dimensional Standards .................................................... 137' 6-5.10 Use Limitations ..................................................................................... 1 ~ 7' 6-5.11 Density Limitations ............................................................................... 161-1 6-5.12 Height Limitations, Generally .............................................................. 161 ~ 6-5.13 Height Limitations in Non-instrument Approach Zones ....................... 161- 6-5.14 Height Limitations in Designated Zones ............................................... 1614 6-S. I S Projections above Horizontal Surfaces ................................................ 162 6-5.16 Land Use Restrictions ........................................................................... 1624{r3~4 6-5.17 Nonconforming Use Restrictions .......................................................... 162 6-5.18 Enforcement .......................................................................................... 162 Dubuque, IA UDC Adopted 00/00/0000 9 Section I -General Provisions Article 1 -Title, Purpose, and Interpretation 6-5.19 Airport Zoning Commission .................................................................. 16244 6-5.20 Airport Zoning Board ofAdjustment .................................................... 163 ARTICLE 7: SUPPLEMENTAL USE REGULATIONS .................................................... 166~HS 7-1 Home Occupations .................................................................................... 166 7-1.1 General Provisions ............................................................................... 1664 7-1.2 Permitted Home Occupation Uses ........................................................ 1661 7-1.3 Prohibited Home Occupation Uses ...................................................... 167 7-1.4 Home Occupations as Conditional Uses .............................................. 16894 ~9 7-2 Telecommunication Towers ...................................................................... 168-1-X9.1-~8 7-2.1 Definitions ............................................................................................. 168~~r 7-2.2 Applicability .......................................................................................... 1713 7-2.3 Tower Standards ................................................................................... 172=1 7-2.4 Antennas ................................................................................................. .....1731 7-2. S Conditional Use Permit Application ..................................................... 174' "' 7-2.6 Security Fencing ................................................................................... 17344 7-2.7 Exterior Finish ...................................................................................... 1774 7-2.8 Landscaping .......................................................................................... 1771 ?81T4 7-2.9 Lighting ................................................................................................. 1784 7-2.10 Maintenance, Repair, and Modification ............................................... 1784 7-2.11 Support Facilities .................................................................................. 17894-?=1 7-2.12 Abandonment ........................................................................................ 1781~;~ 7-2.13 Nonconforming Towers and Antennas .................................................. 18014 7-2.14 Satellite Dish Antenna Regulations ...................................................... 1804-74 7-3 Wind Energy Conversion Systems ........................................................... 181 1 4rv~-rr r 7-3.1 Purpose ................................................................................................. 1811-8~4-~=1 7-3.2 Definitions ............................................................................................. 1811-1 7-3.3 Residential Wind Energy Conversion System (RWECS) ...................... 182' 7-3.4 Small Wind Energy Conversion Systems (SWECS) .............................. 1831-844 7-3.5 Commercial Wind Energy Conversion Systems (CWECS) ................... 183 7-3.6 Freestanding WECS Bulk Standards .................................................... 187 r u~4 7-3.7 Building-Mountable Wind Turbines (BMWT) ...................................... 18714 7-3.8 Repair; Abandonment; Removal ........................................................... 1881-~4 Dubuque, IA UDC Adopted 00/00/0000 10 Section I -General Provisions Article 1 -Title, Purpose, and Interpretation 7-4 Adult Entertainment Establishments (as defined in Dubuque Municipal Code § 31.141) 18 8~-8~-~4 7-4.1 Purpose ................................................................................................. 189~99~7-1 7-4.2 Siting Requirements .............................................................................. 190~~-1 ARTICLE H: ZONING BOARD OF ADJUSTMENT APPLICATIONS AND PROCEDURES 191' °~4 8-1 Zoning Board of Adjustment .................................................................... 191-1-9~-1-~4 8-2 General Board Procedures ........................................................................ 191' 8-3 General Powers ......................................................................................... 192' 8-4 Appeal from Administrative Official ........................................................ 1924 8-4.1 Authorization ......................................................................................... 192 ~ n 8-4.2 Appeal Procedure ................................................................................. 192-93~?~ 8-4.3 Effect of Appeal ..................................................................................... 192 8-4.4 Board Decision of Appeal ..................................................................... 19317=1 8-5 Conditional Use Permit Procedure ............................................................ 193-1-94-1-~4 8-5.1 Generally ............................................................................................... 193-1 8-5.2 Application ............................................................................................ 193=1 8-5.3 Standards for Granting a Conditional Use Permit ............................... 19=1~1-~=1 8-5.4 Conditions and Restrictions on a Conditional Use Permit ................... 193' 8-5.5 Decision and Records ........................................................................... 1937-1 8-5.6 Period of Validity, Expiration ............................................................... ]93~-I~ 8-5.7 Sketch Plan Materials ........................................................................... 196-98~=1 8-5.8 Application Materials ........................................................................... 196? 8-S. 9 Pre-existing Uses .................................................................................. 196-1 8-5.1 0 Parking Regulations .............................................................................. 196-F 8-5.1 1 Sign Regulations ................................................................................... 196=1 8-5.1 2 Conditional Uses .................. ... ... ... ... ... ... ... ... ... ......................... .......199 8-6 Variance Procedure ................................................................................... 2064 8-6.1 Application ............................................................................................ 208-> 1 8-6.2 Notice and Meeting Requirements ........................................................ 208 ~n 8-6.3 Requirements for the Granting of a Variance ....................................... 2082~~ 8-6.4 Conditions and Restrictions Attached to the Granting of a Variance .. 209-1 8-6.5 Decisions and Records .......................................................................... 209-1 8-7 Special Exceptions .................................................................................... 2094 Dubuque, IA UDC Adopted 00/00/0000 11 Section I -General Provisions Article 1 -Title, Purpose, and Interpretation 8-7.1 Application ............................................................................................2094 8-7.2 Notice and Meeting Requirements ........................................................ 210"~4 8-7.3 Requirements for the Granting of a Special Exception ........................ 210-1 8-7.4 Conditions and Restrictions Attached to the Granting of a Special Exception 210-1~4 8-7. S Decisions and Records .......................................................................... 211 ~4 8-8 Appeal from Board Decision .................................................................... 211'"4 ARTICLE 9: ZONING ADVISORY COMMISSION APPLICATIONS AND PROCEDURES 2124 9-1 Zoning Advisory Commission .................................................................. 2121-~1~4 9-2 General Powers ......................................................................................... 2124 9-3 Organization, Meetings ............................................................................. 213 "~4-~4 9-4 Procedures of Operation ........................................................................... 214'"4 9-5 Zoning Change .......................................................................................... 2144 9-5.1 Application Requirements ..................................................................... 215=1 9-5.2 Substantial/Nonsubstantial Requests .................................................... 215 9-5.3 Zoning Advisory Commission Action .................................................... 21 S4 9-5.4 City Council Action ............................................................................... 216~?4 9-6 Text Amendment ...................................................................................... 2164 9-6.1 Zoning Advisory Commission Action .................................................... 216=f 9-6.2 City Council Action ............................................................................... 217-1 9-7 Public Hearings ......................................................................................... 2174 9-8 Notice of Zoning Advisory Commission Hearings .................................. 217`" ARTICLE 10: HISTORIC PRESERVATION COMMISSION APPLICATIONS AND PROCEDURES .............................................................................................. ERRORS BOOKMARK NOT DEFINED. 10-1 Purpose And Intent .....................................................................219 10-2 Definitions ................................................................................219 10-3 Historic Preservation Commission Established .....................................226 10-4 Commission Organization ..............................................................227 10-5 Powers and Duties Generally .........................................................228 10-6 Identification and Designation of Landmarks, Landmark Sites, Individually Designated Historic Properties and Historic Districts ..........................................229 10-7 Designated Landmarks, Landmark Sites, Individually Designated Historic Properties and Historic Districts ...................................................................232 Dubuque, IA UDC Adopted 00/00/0000 12 Section I -General Provisions Article 1 -Title, Purpose, and Interpretation 10-8 Demolition of Landmarks, Landmark Sites, Individually Designated Historic Properties or Structures in Historic Districts; Demolition By Neglect; Certificate of Economic Non-viability ............................................................................236 10-9 Alteration Of Landmarks, Individually Designated Historic Properties, Landmark Sites Or Structures In Historic Districts .........................................................238 10-10 Standards For Review ................................................................248 10-11 Review of Demolition Permits In Conservation Districts ........................249 10-12 Conservation Planning Areas .........................................................258 10-13 Appeals From Commission Action .................................................258 10- 14 Inspection ..............................................................................259 10-15 Violations; Penalties ..................................................................259 SECTION III -LAND DEVELOPMENT REGULATIONS ............................. 2604 ARTICLE 11: LAND SUBDIVISION ............................................................................. 260~6~-1-~4 11-1 Applicability ............................................................................................. 2601-~4 11-2 Recording of Subdivision Plats ................................................................. 2614 11-3 Exceptions ................................................................................................ 2624 11-4 Application Fee for Subdivision Plat Review Required ........................... 2624 11-5 Subdivisions Classified ............................................................................. 262-1-74 11-6 Review Process ......................................................................................... 2624 11-7 Application Requirements ........................................................................ 265-1-74 11-8 Subdivision Design Standards .................................................................. 2694 11-9 Public Park Land Dedication .................................................................... 2699-1-~4- 11-9.1 Computation of Public Park Land Required ........................................ 2704 11-9.2 Responsibility for Site Preparation ....................................................... 270-1 11-9.3 Payment of Fees in Lieu of Land Dedication ........................................ 2711~?4 11-9.4 Fees in Lieu of Dedication, Criteria ..................................................... 270-4 11-9. S Fees in Lieu of Dedication, Time of Payment ....................................... 2 71 ~~4 11-9.6 Fees in Lieu of Dedication, Amount of Payment .................................. 2 71 11-9.7 Fees in Lieu of Dedication, Use of Funds ............................................. 271' 11-10 Conservation Subdivision ............................... 2 71 X174 .......................................... 11-11 Blocks and Lots ......................................................................................... 276?-1-~-4 11-12 Streets ........................................................................................................ 2784 11-13 Sidewalks .................................................................................................. 2808-1-1-4 Dubuque, IA UDC Adopted 00/00/0000 13 Section I -General Provisions Article 1 -Title, Purpose, and Interpretation 11-14 Bikeways ................................................................................................... 2802-&~4 11-15 Utility Easements ...................................................................................... 280''44 11-16 Street Trees ............................................................................................... 2808-1~-~4 11-17 Water Supply ............................................................................................ 281~8~-1=14 11-18 Sanitary Sewer .......................................................................................... 281~8~-1~4 11-19 Stormwater, Grading and Erosion Control ............................................... 281-'14 11-20 Obligation to Install Improvements .......................................................... 2824 11-21 Improvement Guarantees .......................................................................... 282--3.1-74 ARTICLE 12: SITE PLANS ......................................................................................... 284~8~-1-~4 12-1 Purpose ...................................................................................................... 284284 12-2 Application and Scope .............................................................................. 2848-~4 12-3 Development Activities Subject to Site Plan Review ............................... 2844 12-4 Administrative Waiver, When Permitted .................................................. 285~4zvv-rT4 12-5 Site Plan Requirements ............................................................................. 286~1~4 12-6 Site Development Standards ..................................................................... 2861-74 12-7 Site Plan Review Procedures .................................................................... 287~4rov-iT4 12-7.1 Site Plan Review Procedures ................................................................ 2834 12-7.2 Site Plan Appeals .................................................................................. 286' ARTICL E 13: DESIGN STANDARDS ........................................................................... 3042n 13-1 Intent ........................................................................................................ . 30484-1--74 13-2 Rooftop and Mechanical Equipment ....................................................... . 3043-94-1~-4 13-3 Parking Structures .................................................................................... .3043-84.4 13-4 Accessory Structures and Buildings ........................................................ . 304841-7-4 13-5 Sidewalks and Walkways ........................................................................ . 3053-1~4 13-5.1 Street Trees, Sidewalk Landscaping .................................................... . 3063-74 13-6 Parking Lots ............................................................................................. . 306~8(~-1-74 13-6.1 Parking Lot Layout .............................................................................. . 3063-?4 13-6.2 Parking Lot Landscaping ..................................................................... . 3073-7-1 13-6.3 Parking Lot Provisions for Bicycle Parking ........................................ . 308 Zn 13- g g g ............................................................................ 6.4 Parkin Lot Li htin 309 2nr . 13- 6. S Parking Lot Stormwater Management ................................................. . 309374 13-7 Preservation of Existing Trees ................................................................ .. 309~n 13-8 Exterior Storage in Nonresidential Districts ........................................... .. 310~I-8--74 Dubuque, IA UDC Adopted 00/00/0000 14 Section I -General Provisions Article 1 -Title, Purpose, and Interpretation 13-9 Site Landscaping ....................................................................................... 311344-1~4 13-10 Installation, Maintenance, and Replacement of Landscaping .................. 3113-1-14-'l4 13-11 Performance Standards ............................................................................. 312~,T-n-; 4 13-12 Design Standards; Big Box Retail Uses .................................................... 3133-1-3-1-4 13-13 Design Standards; Retail Commercial Uses and Regional Shopping Cen ters 31621 13-14 Design Standards; Biofuels Production Facilities ..................................... 3163-1~4 ARTICLE L4: PARHING ............................................................................................. 3193.1-~~4 14-1 Parking Required ...................................................................................... 3192' 14-2 Site Plan Required ..................................................................................... 31921 14-3 Parking Space Calculations ....................................................................... 31921 14-4 Location of Parking Spaces ...................................................................... 31921 14-5 Off-Street Parking and Storage of Vehicles in Residential Districts........ 3204 14-6 Off-Street Parking Requirements .............................................................. 3223-2?~4 14-7 Accessible Parking Space Requirements .................................................. 3253?~4 14-8 Nonconforming Parking Lots ................................................................... 32534 14-9 Bicycle Parking Required ......................................................................... 32534 14-10 Shared Parking Reduction ......................................................................... 32634 E~IRTICLE 1S: SIGNS ................................................................................................... 32g3~4 15-1 Purpose ...................................................................................................... 3284 15-2 Applicability ............................................................................................. 32824 15-3 Enforcement .............................................................................................. 3294 15-4 Sign Installer's License ............................................................................. 3303_~~4 15-4.1 License Required ................................................................................... 3303~~4 15-4 .2 Exception ............................................................................................... 3303-~=1 15-4 .3 License fee ............................................................................................. 3303~B-Z-~4 15-4.4 Insurance required ................................................................................ 3304 15-5 Definitions ................................................................................................. 331334-34 15-6 Permit Required ........................................................................................ 34134444 15-6 .1 Permit Application ................................................................................ 3412'4 1 S-6 .2 Issuance ................................................................................................. 3413?-Z I5-6 .3 Permit Validity ...................................................................................... 3434 I5-6 .4 Permit Expiration .................................................................................. 34334 Dubuque, IA UDC Adopted 00/00/0000 15 Section I -General Provisions Article 1 -Title, Purpose, and Interpretation 15-6.5 Suspension or Revocation ..................................................................... 3443=1 1 S-6.6 Inspections ............................................................................................ 3443.1 15-7 Sign Calculations ...................................................................................... 34444-1-74 15-8 Prohibited Signs ........................................................................................ 3452 ^~4 15-9 Exempt Signs ............................................................................................ 3462 ^~-~4 15-10 Temporary Signs ....................................................................................... 3472^~?4 15-11 Permitted On-Premises Signs ................................................................... 3492^4 I5-11.1 AG Agriculture and RI, R2, R2A, R3, & R4 Residential Districts ... 3493=F9~4 I5-11.2 OR Office Residential District .......................................................... 350394-~=1 I5-11.3 OS Office Service District ................................................................. 351 4 15-11.4 OC Office Commercial District ........................................................ 352 ? c I5-11.5 CI Neighborhood Commercial District ............................................ 3J2 ? c 15-11.6 C2 Neighborhood Shopping Center District ..................................... 3333~3~=F 15-11.7 C2A Mixed Use Neighborhood ......................................................... 3543-1-~-l 15-11.8 C3 General Commercial District ...................................................... 333335-1~4 15-11.9 C4 Downtown Commercial District .................................................. 3364 I5-11.10 CS Business District .......................................................................... 3373-5~4 I5-11.11 CS Commercial Service and Wholesale District .............................. 3583-5~4 15-11.12 CR Commercial Recreation District ................................................. 339334 I5-11.13 ID Institutional District ..................................................................... 36034 15-11.14 Industrial Districts ............................................................................ 3613~~ 15-12 Off-Premises Signs ................................................................................... 36231-~4 15-13 Signs in Historic Districts ......................................................................... 36474 15-14 Nonconforming Signs ............................................................................... 3674 15-15 Maintenance .............................................................................................. 36774 15-16 Discontinued or Abandoned Signs ............................................................ 3674 15-17 Message Substitution ................................................................................ 3674 15-18 Projecting Signs ........................................................................................ 3671-74 15-19 Fee Schedule ............................................................................................. 3703784 15-20 Design, Generally ..................................................................................... 3714 15-21 Construction, Generally ............................................................................ 37237-4 15-22 Projection and Clearance, Generally ......................................................... 3744 15-23 Standards Applicable to Specific Sign Types ........................................... 3754 Dubuque, IA UDC Adopted 00/00/0000 16 Section I -General Provisions Article 1 -Title, Purpose, and Interpretation 15-23.1 Pole signs .......................................................................................... 375?'T-~4 15-23.2 Ground Monument signs ................................................................... 375374 15-23.3 Wall signs .......................................................................................... 376374 I5-23.4 Projecting signs ...........................................:.................................... 3764 15-23.5 Combination signs ............................................................................ 3774 I5-23.6 Marquee sign .................................................................................... 3771-74 15-23.7 Electric signs ..................................................................................... 3774 15-23.8 Electronic Message sign ................................................................... 378?'~4 15-24 Severability ............................................................................................... 3784 SECTION IV -ADMINISTRATIVE PROCEDURES ....................................... 3792'4 ARTICLE 1C: ADMINISTRATION AND ENFORCEMENT ............................................. 3792'4 16-1 Administration .......................................................................................... 3794 16-2 Issuance of Building Permits .................................................................... 3794 16-3 City Planner .............................................................................................. 3794 16-3.1 Duties of City Planner .......................................................................... 37934 16-3.2 Interpretation by City Planner .................................................:............ 3794 16-4 Limited Setback Waiver ........................................................................... 380 4~vvi r4 16-5 Violations and Penalties ............................................................................ 3804 16-5.1 Complaints Regarding Violations ......................................................... 38034 16-5.2 Enforcement Procedure ........................................................................ 3803=1 16-5.3 Orders and Directives ........................................................................... 3803&94 ARTICLE 17: LEGAL STATUS PROVISIONS .............................................................. 3824 17-1 Repeal of Conflicting Ordinances ............................................................. 382354 17-2 Not a Licensing Ordinance .............:......................................................... 3 82~5~74 17-3 Private Agreements ................................................................................... 3 824 17-4 Overlapping or Contradictory Regulations ............................................... 3 824 17-5 Cumulative Provisions .............................................................................. 3 823-8~ 1-'~4 17-6 Severability ............................................................................................... 3 824 17-7 Effective Date ........................................................................................... 3834 Dubuque, IA UDC Adopted 00/00/0000 17 Section I -General Provisions Section I -General Provisions Article 1: Title, Purpose, and Interpretation 1-1 Title Article 1-Title, Purpose, and Interpretation This ordinance shall be known and may be cited and referred to as the " ~° ~'~*T~ ^~TM''"~^~~° r^~~~^ " "Unified Development Code of the City of Dubuque, Iowa," herein referred to as the "Code." 1-2 Purpose T''° '^,,:,,,, r°°•~'°*~^r~ °~a a:~*r~°*° This Code as herein established l~ehas been made for the purpose of promoting the health, safety, sustainability and general welfare of the community, and for the protection and preservation of places and areas of historical and cultural importance and significance. ~° '^r~r^ r°^~~'°*~^r~ °~a a:~*-~°*~'~°~~° This Code has 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= a-r~-to facilitate the adequate provision of transportation, water, sewage, schools, parks ° r~•'~'~^ r°°,.;,.°~~°^*° and to encourage sustainable design and development. T''° ' ~~'°*~^r~ °~a ~'~°*r~°*~'~°•~° This Code has 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 buildings1 -encouraging the most appropriate use of land throughout the community. 1-3 Minimum Requirements Interpretation In their interpretation and application, the provisions of this ^Code shall be held to be the minimum requirements for the promotion of the public health, safety, morals, convenience, comfort, prosperity, sustainability, and general welfare. 1.4 Relationship to City Code The use of buildings and land within the City of Dubuaue shall be subject to all applicable provisions of the City Code and other ordinances, as well as this Code, whether or not those other provisions of the City Code are specifically cross-referenced in this Code. Cross- reference to other provisions of the City Code found in this Code are provided for the convenience of the reader lack of across-reference should not be construed as an indication that other provisions of the City Code do not apply. 1-5 Relationship to Comprehensive Plan It is the intention of this Code to implement the oals,principles and objectives reflected in the Comprehensive Plan as adopted by the City. While the City reaffirms its commitment that the provisions of this Code and any amendment made to this Code shall conform to Dubuque, IA UDC Adopted 00/00/0000 18 Section I -General Provisions Article 1-Title, Purpose, and Interpretation adopted planning_policies the City acknowledges its intent that neither this Code nor any amendment of this Code may be challenged merely on the basis of an alleged nonconformity with the Comprehensive Plan. 1-6 Applicability of Prior Regulations A All violations of prior zoning or other regulations of the City existing on the effective date of this Code shall continue to be violations and shall not be considered to be legal nonconforming situations under this Code The City shall have the same authority to secure civil remedies for violations of those regulations to the same extent that it may secure civil remedies for violations of this Code. B All permits applications certificates and other authorizations submitted or apuroved prior to the effective date of this Code shall be governed by the regulations in effect at the time of the submission or approval. Dubuque, IA UDC Adopted 00/00/0000 19 Section I -General Provisions Article 2 -Definitions Article 2: Definitions 2-1 Rules For the purpose of this Code, the following rules shall apply: A. Words used in the present tense include the future; B. Words in the singular number include the plural and words in the plural number include sin ular; C. The word "shall" or the word "must" is mandatory and not discretionary1 D. The words "used for" includes the meaning arranged for " "designed for "`'occupied or intended to be occupied for;" E. The particular controls the general; F. In case of a difference of meanin og r implication between the text of the Code and the captions for each section, the text shall control; G. All references to the City Manager shall include the City Manager or appro rp iate designee; H. The City Manager hereby designates the Planning Services Manager as the City Planner as referenced in this Code. I. The City Manager hereby designates the Building Services Manager as the Building Official as references in this Code. J_ . Computation of Time. Unless otherwise specifically provided the time within which an act is to be completed shall be computed by excluding the first day and including the last dav, unless it is Sunday which shall be included in the computation of time All acts must be completed within the time frame specified subject to extension periods provided herein. ~- 2-2 Acronyms For the purpose of this Code, the following abbreviations and acronyms shall apply ADA Americans with Disabilities Act CUE U.S. Army Corps of Engineers EPA Environmental Protection Agency FAA Federal Aviation Administration FCC Federal Communication Commission FEMA Federal Emergency Management Agency Dubuque, IA UDC Adopted 00/00/0000 1 Section I -General Provisions Article 2 -Definitions HPC IDNR Historic Preservation Commission Iowa Department of Natural Resources IDOT NPDES Iowa Department of Transportation National Pollutant Discharge Elimination System NRCS Natural Resources Conservation Service USDA United States Department of Agriculture ZAC ZBA Zoning Advisory Commission Zoning Board of Adjustment 2-3 Definitions m--~cr~rc~sc-rprctncr6i~-6is~~ii~E +L.° ~ tl„ ,. r~l~ .,a +° ., ° +,, t,° °a „a ' ~°*°a ~c a°~~°~"'°r°~„°~°r. Words contained in this Article are those having a special meaning relative to the purposes of this Code. Words not listed in this Article shall be defined by reference to: (1) The current building code adopted by the City of Dubuque or, if not defined therein in (2) the Webster's Dictionary, unabridged, ~~, which documents are hereb incorporated by reference as if herein set forth in their entirety. Words and terms not defined in this Article but defined elsewhere in the Code shall be liven the meanings set forth therein. Abandonment• to cease or discontinue a use or activity not to be construed as short term interruptions such as durin~~periods of remodeling maintenance or normal periods of vacation or seasonal closure. Abut, Abutting• to border on being contiguous with or have property or district lines in common includingpro_pert~separated bra right-of way or railroad. Access or Accessway' the place means or way by which pedestrians and vehicles shall have safe adequate and usable ingress and egress to a~roperty or use as required by this Code. Accessory Dwelling Unit A dwelling unit but not a mobile home, contained within an existing sin le-family detached dwelling or its detached accessory garage. Accessory Living Quarters: living quarters within an accessory building located on the same premises with the main building for use by temporary guests of the occupant of the premises such quarters having no kitchen facilities and not rented or otherwise used as a separate dwelling unit. Accessory Building or Structure: a detached subordinate building or structure, located on the same lot as the '~ ''a' , ^ °'~'^" ^~t'~°''~ "'"''lu'rs principal structure, the Cl ll. 1 use of which is~e~ea~y-incidental wand '' ~ ' ~'" °"t'^""''`'~ ''~° 'Nµ111 ~ 'ia:~,. ^~ ~r~-'^~~°~ ~•~° ^~*'~°'°~~' accessory to that of the principal structure. Accessory Use: see Use, Accessory. Dubuque, IA UDC Adopted 00/00/0000 Section I -General Provisions Article 2 -Definitions Acreage: any tract or parcel of land which does not qualify as a farm or development. Adjacent: near or close; for example, an Industrial District across the street or highway from a Residential District shall be considered as adjacent. Adult Dav Services, Licensed: A facility providing care for the elderly and/or functionally impaired adults in a protective settin fg or a portion of a 24 hour dam Adult Entertainment Establishment: °°° c°,..;,,~ n Q „~+~,:~ n,.a:.,,,.,,.°. See Section 31.141 of the City Code. Agricultural and Farm Buildings or Structures: any building or structure which is necessary or incidental to the normal conduct of a farm including but not limited to residence of the operator, residence of hired help, barns, buildings and sheds for housing livestock, poultry and farm machinery, buildings for the storage or shelter of grain, hay and other crops, silos, windmills and water storage tanks. Agricultural Operations: see Farming. Agriculture: land suitable for use in farming and which is or will be operated as a farm, including the raising, harvesting, and selling_crops or by the feeding, breeding, management, and sale of, or the produce of, livestock, poultry, fur-bearing animals, or honeybees, or for dairy ing and the sale of dairy products, or any other agricultural or horticultural use. Alley: a public right of way with a width of 20 feet or less which affords a secondary means of access to abutting properties, not to be considered a street. Alteration: any change, addition or modification in construction or occupancy of an existing structure. Alteration, Structural: see Structural Alteration. Amendment: a change in the wording, context, or substance of this Regulation, an addition or deletion or a change in the district boundaries or classifications upon the zoning maw Amphitheater: an outdoor area or structure characterized by tiers of seating, specifically designed and used as a place of assembl~g spectacles and contests. Amusement Arcade: a building or a part of a building where the primary uses is pinball machines, video games, or other similar player-orientated amusement devices are available and are maintained for use. Dubuque, IA UDC Adopted 00/00/0000 3 Section I -General Provisions Article 2 -Definitions Amusement Park: a facility primarily outdoors, that may include structures and buildings, where there are various devices for entertainment, including rides, booths for the conduct of dames or sale of items, buildings for shows and entertainment, and restaurants and souvenir sales. Animal Feeding Operation: a lot, yard, corral, building. or other area in which animals are confined and fed and maintained for 45 days or more in any 12-month period, and all structures used for the storage of manure from animals in the operation. An animal feeding aeration does not include a livestock market. Open feedlots and confinement feeding operations are considered to be separate animal feeding operations. Animal Grooming Service: any place or establishment, public or private, where animals are bathed clipped, or combed for the purpose of enhancing their aesthetic value or health and for which a fee is charged. Animal Hospital: see Hospital, Animal. Animals, Domestic: see Household Pet. Antenna: any attached or external system of wires, poles, rods, reflecting disks or similar devices used for the transmission or reception of electromagnetic waves. Also see Satellite Dish Antenna and Tower. Antique Shop: a place offeringprimarily antiques for sale. An antique for the purpose of this Code shall be a work of art piece of furniture, decorative object, or the like, of belonging to the past, at least 30 years old. Apartment: a room or a suite of rooms within an apartment house or multiple family dwelling arranged intended or designed for a place of residence of a single family or #~roup of individuals living together as a single housekeeping unit. Also see Dwelling Unit. Apartment House: see Dwelling, Multiple Family. Appearance: the outward aspect visible to the public. Appropriate: shall mean sympathetic, or fitting, to the context of the site and the whole community. Appurtenance: the visible functional objects accessory to and part of buildings. Architectural Character or Concept: the basic aesthetic idea of a building, or group of buildings or structures including the site and landscape development that produces the architectural character. Architectural Feature• a prominent or significant part or element of a building structure or site. Architectural features may include special lines, massing, and/or texture. Dubuque, IA UDC Adopted 00/00/0000 Section I -General Provisions Article 2 -Definitions ~ A. Lines: visual elements of the building, either w7thin the facade or on the building edge which are in a linear form either horizontally or vertically and may be composed of masonry, glass, or other related materials. B. Mass: the volume, bulk of a building or structure. C. Texture: the quality of a surface, ran~ina from mirror finish, smooth to coarse and unfinished. Architectural Style: the characteristic form and detail, as of buildings of a particular historic eriod. Artisan Production Shop: a building or portion thereof used for the creation of original handmade works of art or craft items by artists or artisans, as either a principal or accessory use. Artist Studio: a place designed to be used, or used as, a place of work or a combination of both a dwelling_place and a place of work by an artist artisan or craftsperson including persons en~a~ed in the application, teaching, or performance of fine arts such as but not limited to, drawing, vocal or instrumental music, painting, sculpture, and writing. Assessor: the Dubuque City Assessor or appointed designee. Assisted Living Facility: a provision of housing with services which may include but not limited to health related care, personal care, and assistance with instrumental activities of daily living in a physical structure which provides a home like environment Attached, Permanently: attached to real estate in such a way as to require dismantli~ cutting away, unbolting from permanent foundation or structural change in such structure in order to relocate it to another site. Auditorium: a building or structure designed or intended for use for the athering of people as an .audience to hear music. lectures, plays and other presentations. Auto Salvage Dealer: any person who enaa~es in the business of buying motor vehicles motorcycles, motorized bicycles or parts thereof or tires for resale in whole or in part as funk or as used parts. Automatic Teller Machine (ATM):^ -„ ^'~~~° ^r a°~~~^° {^r *~° ~~ ~'''^~~' ^^ ~'+°^~'^^*.an automated device that performs banking or financial functions on-site or at a location remote from the controlling financial institution Dubuque, IA UDC Adopted 00/00/0000 5 Section I -General Provisions Article 2 -Definitions Ballroom: a place or hall used for dancing, other than those listed under the definition of `'Adult Cabaret" (see Article 3). Ballrooms shall also be used for reunions, weddings and receptions. Bar• any establishment whose principal business is serving alcoholic beverages at retail for consumption on the premises. Also see Ni htg club. Basement: 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 a first story: (See diagram for story.) Beacon• an~ght with one or more beams directed into the atmosphere or directed at one or more points not on the same zone lot as the light source; also, any light with one or more beams that rotate or move. Bed and Breakfast Home: a structure containing a single dwelling unit, which provides lodging and meals for overnight guests only, in which no more than five sleeping rooms are available for guests and is the principal residence (as defined in the Internal Revenue Code) of a person owning not less than 30 percent of the fee title to the property. Each sleeping room in a bed and breakfast home shall be at least 140 square feet in area. Bed and Breakfast Inn: a structure containing a single dwelling unit with afull-time resident owner or resident manager which provides lodging and meals for overnight guests only and has no more than nine sleeping rooms available. Each sleeping room shall be at least 140 square feet in area. Bedroom• a room within a dwelling unit planned and intended for sleeping, separable from other rooms by a door or doorway. Berm• a raised form of earth to provide screening or to improve the aesthetic character. Bid Box Retail Store: see Retail Commercial. Biofuels Plant• a facility where the conversion of corn or other biomass material into an alcohol fuel product is undertaken The facility also includes the processing of certain by- products resulting from the fermentation and distillation process. Biomass• plant material used for the production of such thins as fuel alcohol and nonchemical fertilizers Biomass sources made plants grown especially for that purpose or waste products from livestock harvesting milling or from agricultural production or processing. Block• a parcel of land platted into lots and bounded by public streets or by waterways. rights-of--way unplatted land City-County boundaries or adjoining property lines. Block Frontage: see Frontage, Block. Dubuque, IA UDC Adopted 00/00/0000 6 Section I -General Provisions Article 2 -Definitions Board: The Zoning Board of Adjustment of the City of Dubuque Iowa. Boarding or Rooming House: c°° v^^m;^^ a^„~° a building containing a single dwelling unit and provisions where lodginc is provided, with or without meals for compensation Boat Dock: a structure built over or floating upon water and used as a landing place for boats and other marine transport, fishing, swimming, and other recreational uses Breezeway: a roofed open passage connecting two otherwise detached buildings. Breezeway connections shall not be construed to alter the detached status of the buildings so connected. Brew On-Premises Store: a facility that provides the ingredients and equipment for a customer to use to brew malt liquor at the store Brew-on-premises stores do not include the sale of intoxicatin li uor, unless the owner of the brew-on- remises store holds the appropriate liquor license. Brew Pub: a restaurant or hotel which includes the brewing of beer as an accessory use The brewing operation processes water, malt hops and yeast into beer or ale by mashing_ cooking, and fermenting. By definition these establishments produce no more than 10 000 barrels of beer or ale annually. The area by definition used for brewing including bottling and kegging, shall not exceed 25 percent of the total floor area of the commercial space Brewery: an industrial use that brews ales, beers meads and/or similar beverages on site Breweries are classified as a use that manufactures more than 10 000 barrels of beverage (all beverages combined) annually Brewery, Micro: a facility for the production andpackaging of malt beverages of low alcoholic content for distribution retail or wholesale on or off premises with a capacity of not more than 10,000 barrels per year. The development may include other uses such as standard restaurant, bar, or live entertainment as otherwise permitted in the zoning district Broadcasting Tower: a structure for the transmission or broadcast of radio television radar or microwaves which exceeds the maximum height permitted in the district in which it is located; provided, however that noncommercial radio towers not exceeding 100 feet in height shall not be considered broadcast towers. Buffer: a strip of land established to protect one type of land use from another incompatible land use or between a land use and a private or public road Also see Screening_ Buffer Zone: an area of land that separates two zoning districts and/or land uses that acts to soften or mitigate the effects of one use on the other Building: any structure aarerl nr intra»~°r1 ~ .-+• ~ 1+°,-;,,,.., rr a °r built and maintained for the support shelter or enclosure of persons animals or property of Dubuque, IA UDC Adopted 00/00/0000 '7 Section I -General Provisions Article 2 -Definitions any kind but shall not include temporary buildings as defined in "Structure, Temporary." Operable and licensed trailers with wheels shall not be considered as buildings. Buildable Area• the sum in square feet of the ground areas occupied by all buildings and structures on a lot. Building Code: the various codes of the City that regulate construction and requires Building Permits electrical permits mechanica~ermits plumbing_permits and other permits to do work regulated by the adopted building code of the City and other codes adopted by the City that pertain to building construction. Building Footprint The area of a lot or site included within the surrounding exterior walls of a building or portion of a building exclusive of courtyards measured on a horizontal plane at finished grade For residential structures it includes residences attached garages, covered carports and accessory structures but not trellises patios and areas of porches, decks and balconies less than 30 inches from finished grade. In the absence of surrounding exterior walls the building footprint shall be the area under the horizontal projection of the roof. 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 Permit: a document issued under the authority of the Building Services Division, which authorizes the construction or modification of a structure on a property. Building, Principal• shall mean a building within which the main or principal use of the lot or premises is located. Also see Use, Principal. 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, non-vehicle equipment rental, photographic studios and similar uses. Campground• a parcel of land intended for the temporary occupancy of tents campers and major recreational vehicles and which primar~~urpose is recreational having open areas that are natural in character. Dubuque, IA UDC Adopted 00/00/0000 8 Section I -General Provisions Article 2 -Definitions Carwash, Full Service: 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. Carwash, Industrial: a mechanical facility for the washing, waxing and vacuuming of heavy trucks and buses. Carwash, Self Service: a building or section thereof containing facilities for washing motor vehicles by providing spaces, water and hand-held equipment for washing of motor vehicles by the customer. Carport: a roofed structure with not more than two enclosed sides used or intended to be used for vehicle shelter and storage. Cellar: See basement. Cemetery: land used or intended to be used for the burial of the dead and dedicated for such purposes, including columbariums and mausoleums. Channel: the geographical area within either the natural or artificial banks of a watercourse or drainagewa~ Child Care: the care or supervision of a child by a person other than the child's parent/guardian or custodian for periods of less than 24 hours per dayper child on a regular basis. Child Care does not include a Licensed Child Care Center. Child Care Center, Licensed: a facility providing child care or preschool services for children that requires State of Iowa licensure. City: the City of Dubuque, Iowa. City Manager: The Dubuque City Manager or any other city staff designated by the City Manager to carry out the implementation and enforcement of this Code including but not limited to, the Building Services Department, City Attorney's Office Engineering Department, and Planning Services Department. City Standards: the design and improvement standards and specif cations established annually by the City Manager. Club: an association of persons (whether or not incorporated) religious or otherwise for a common purpose, but not including groups which are organized primarily to render a service carried on as a business for profit. 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, Dubuque, IA UDC Adopted 00/00/0000 9 Section I -General Provisions Article 2 -Definitions 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. Clustered Development: a development designed to concentrate buildin sg in specific areas on a site to allow the remaining land to be used for recreation, common open space, and the preservation of environmentally sensitive areas. College, Seminary, or University: apost-secondary institution for higher learning that grants associate or bachelor degrees and may also have research facilities and/or professional schools that grant master and doctoral degrees. This may also include community colleges that grant associate or bachelor degrees or certificates of completion in business or technical fields. Commercial Feeding Operation: see Livestock Feeding Operation. Commission: the Zoning Advisory Commission of the City of Dubuque, Iowa. Common Area or Property: a parcel or parcels of land, together with the improvements thereon the use and enjoyment of which are shared by the owners of the individual building sites in a Clustered/Mixed Use Development or condominium development. Community Center a place structure or other facility used for and providing religious fraternal social and/or recreational programs eg nerall~pen to the public and designed to accommodate and serve various segments of the community. Compatible Land Uses: a land use which is congruous with tolerant of, and has limited adverse effects on existing nei hg boring uses. Comprehensive Plan: the adopted Comprehensive Plan for the City of Dubuque, Iowa. Conditional Use: see Use, Conditional. Conditional Use Permit• a permit issued by the Board of Adjustment that authorizes the recipient to make conditional use of property in accordance with the provisions of Article 8 and any additional conditions placed upon, or required by said permit. Condominium• a multiple dwelling as defined herein whereby the title to each dwelling unit is held in separate ownership and the real estate on which the units are located is held in common ownership solely by the owners of the units with each having an undivided interest in the common real estate. Confinement Feeding Operation: an animal feeding operation in which animals are confined to areas which are totally roofed. Dubuque, IA UDC Adopted 00/00/0000 10 Section I -General Provisions Article 2 -Definitions Conllictin~ Land Use: a land use which transfers negative economic or environmental effects over neighboring~propert 1 Congregate Housing: a residential facility for four or more persons age 55 nears or over their spouses, or surviving spouses, providin living and sleeping facilities including meal preparation, dining areas, laundry services room cleaning and common recreational social and service facilities for the exclusive use of all residents including resident staff personnel ~vho occupy a room or unit in the residential facility Conservation: the protection and care that prevent destruction or deterioration of historical or otherwise significant structures, buildings or natural resources. Conservation Area: environmentally sensitive and valuable lands protected from any activity that would significantly alter their ecological integrity balance or character except in overriding public interest, including but not limited to: wetlands floodways flood plains drainage ways, river or stream banks and areas of significant biological productivity or uniqueness. Conservation Easement: an easement arantin~ a right or interest in real property that is appropriate to retaining land or water areas predominantly in their natural scenic open or wooded condition and retaining such areas as suitable habitat for fish plants or va~ildlife or maintaining existing land uses or preserving the ability said land to be used for specific purposes such as on site wastewater treatment systems. Contiguous: see Abut or Abutting. Convenience Store: a retail store containing less than 2 500 square feet of gross floor area engaged in selling_primarily food, beverages and other household supplies to customers and designed to attract a large volume of stop-and-go traffic. Convention Center: a facility used for service organization business and professional gatherings, such as conventions, conferences and seminars and limited to accommodations for attendees. Accessory uses may include accommodations for sleeping eating and recreation. Such facility is not designed to be only utilized by the general public for overnight purposes. Council: The City Council of the City of Dubuque, Iowa. Crematorium: A location containing properlyinstalled certified apparatus intended for use in the act of cremation. Cul-De-Sac: see Street, Cul-De-Sac. „ ll 1 ~ „L,:la.-o~ ., ,7 a 4' a 1, L. . ~~~ n F.l, n a c Dubuque, IA UDC Adopted 00/00/0000 11 Section I -General Provisions Article 2 -Definitions Deck: a flat, floored, roofless structure. Dental or Medical Lab: A facility providing diagnostic or pathological testing and analysis for the healthcare industry. Density: ,'' ~, ~ rn :i;o .. ,a, oi~• ,,;*~ ;. „~ ., the ~, ~ ure.. number of dwelling units per acre of land allowable on a given tract or parcel of land. Department Store: ~„•~ o „pro,.;,,,. w,,,~,;,,~o ~;~o~ „ ,.~ta,~,,..:o~ c~.,,o,.,.~..,,,a;~o a business which is conducted under a single owner's name wherein a variety of unrelated merchandise and services are housed enclosed and exhibited and sold directly to the customer for whom the goods and services are furnished. Detention Basin: a facility for the temporary storage of stormwater runoff. Development• any Chan ego improved or unimproved real estate, including but not limited to buildings or other structures mining, dredging filling; ragding=paving, excavation, or drilling_operations for which necessary permits ma b~required. Disabili • having a physical or mental impairment that substantially limits one or more of such person's maLor life activities so that such person is incapable of living independently, a record of having such an impairment or Being regarded as having such impairment. Discount Store• a single or group of stores offering merchandise for sale at less than usual retail prices Merchandise maybe discounted due to either quantity price breaks or merchandise has been discontinued and discounted to another retailer. District• an z~nin~ district created for the purpose of re ug lating specific uses within a defined area. Doi Kennel: see Kennel. Downzonin~• a change in zoning classification of land to a less intensive or more restrictive district such as from commercial district to residential district or from a higher density to a lower density residential district. Drainageway or Swale• a depression below the surrounding land serving to dive direction to a current of water less than nine months of the year having a bed and well-defined banks; provided that in the event of doubt as to whether a depression is a watercourse or drainageway it shall be presumed to be a watercourse. Drive-In Facility an establishment where customers can be served without leaving the confinement of their vehicle. Dubuque, IA UDC Adopted 00/00/0000 12 Section I -General Provisions Article 2 -Definitions Drive, Private: an unplatted, private passageway providing access to a street. Driveway: a vehicular access to an off-street parking space or loading facility. Duplex: see Dwelling, Two Family. Dwelling: a building or portion thereof , ~, desig_ned or used exclusively for residential occupancy, including; a manufactured home as defined in state law, but not including trailers, mobile homes, hotels. motels, motor lodes, boarding and lodging houses, tourist courts, or tourist homes. All single-family dwellings shall be a minimum of 20 feet in width with a minimum of 700 square feet and laced upon a permanent foundation. Dwelling, Multiple-Family: a building or buildings designed .and used for occupancy by three or more families, all living independently of each other and having separate kitchen and toilet facilities for each family. Dwelling, Single-Family: a building ~'°~;,,,,°~' ° ^'~~°~~~°'~~ *^ ^ ^*^~^ ^ ° ~'~•~°"~^^ ~ ^~* *'~° ~'~^~'~• ^~~~~'~~^'' ~''^" ~^''~°'°°~ +''^~ ''~ ~ °*. having accommodations for or occupied exclusively by one family which meet all the following standards: A. The home shall have no less than 700 square feet of floor area, above grade. for single story construction; B. The home shall have no less than an 20 foot exterior width; C. The roof shall be pitched with a minimum vertical rise of two and one-half inches for each 12 inches of horizontal run; D. The exterior material is of a color, material and scale comparable with those existing in residential site-built, single family construction; E. The home shall have a roof material that is or simulates asphalt or wood shingles, tile, or is a standing seam residential grade metal material, or rock, or is a green roof; the home shall be placed on a continuous permanent foundation and have wheels, axles. transporting lights, and removable towing apparatus removed, and F?. The home shall meet and maintain the same standards that are uniformly applied to all single-family dwellings in the zoning district. Dubuque, IA UDC Adopted 00/00/0000 13 Section I -General Provisions Article 2 -Definitions ~G. Permanent foundation: continuous perimeter base on which building rests to be constructed from either poured concrete or laid masonry block or brick on a footing to be aced a minimum of 42 inches below the final Ground level. Dwelling, Single-Family Attached: see Townhouse. Dwelling, Two-Family: a building designed or used exclusively *° ^^~*°~~'~~ ° "` ~,,,°"~~^ „~*^ ^ *~~~^ rn,,,;'„ ~'«~°"~„^ ~ ~ ~'~~~'°°. for the occupancy of two families living independently of each other and having separate kitchen and toilet facilities for each family. Dwelling Unit: „ ~.,,:~a;,,° „ °.~:°., °~., ~,,,;ia:,,,. ,,,~.;,,ti ; ° ,.~„~;.,°~., ., ^°,a n;aa_ ,^ *°^~'°a *^'~° ^ °'' ^~'~-~~„^ ^ ^~*°r~ ~ r ^ ° ~ m~'~~. one room, or rooms connected together, constituting a separate, independent housekeeping establishment for owner occupancy or lease on a weekly, monthly, or longer basis, and physically separate from any other rooms or dwelling units which may be in the same structure, and containing independent cooking, toilet and sleeping facilities. Easement: an authorization by a property owner for the use by another, and for a specified purpose, of a designated part of his or her property. Elder Group Home: asingle-family residence that is operated b~person who is providing room board, and personal care and mayprovide health-related services to three through five elders who are not related to the person providing the service within the third de rg ee of consan ug inity or affinity and which is staffed by an on-site manager twenty-four hours per day seven damper week, and which is certified by the state as an elder group home in accordance with state law. Encroachment: an advancement or intrusion beyond the lines or limits as designated and established by the Regulation. Erected: constructed upon or moved onto a site. Existing and Lawful: the use of a building, structure, or land was in actual existence. operation and use as compared to the use beingproposed contemplated applied for or in the process or being constructed or remodeled. In addition the use must have been permitted, authorized or allowed by law or another applicable regulation prior to the enactment of a zoning regulation when first adopted or permitted, authorized or allowed by the previous zoning_reg_ulation prior to the adoption of an amendment to that zoning regulation. Expansion: the enlargement of a building structure, or use in volume, size, area. height, length, width, depth, capacity, ground coverage, or in number. Expressway a street or road that provides fast and efficient movement of large volumes of vehicular traffic between areas and does not provide direct access to property. Exterior Building Component: an essential and visible part of the exterior of a building. Dubuque, IA UDC Adopted 00/00/0000 14 Section I -General Provisions Article 2 -Definitions External Design Feature: the general arrangement of any portion of a building, sign, landscaping, or structure and including the kind, color, and texture of the materials of such portion. and the types of roof, windows, doors, lights, attached or ground signs, or other fixtures appurtenant to such portions as will be open to public view from any street, place, or w~ati._ Extraterritorial Jurisdiction (ET.In: the area beyond the corporate limits, in which the City has been granted the powers by the state to exercise subdivision review and is exercising such powers. Exurban: the area that lies beyond the corporate limits and its suburbs. Facade: the exterior wall of a building exposed to public view. Factor-: a structure or plant within which something is made or manufactured from raw or partly wrought materials into forms suitable for use. 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 additional people not so related, except that foster children and persons with disabilities as defined in ~''~~~+°r ''~ ~f the City Code shall be considered a family. Family Home: acommunity-based residential home which is licensed as a residential care facility or as a child foster care facility under state law, to provide room and board, personal care. rehabilitation services, and supervision in a familti~ environment exclusively for not more than eight developmentally disabled persons and any necessan' support personnel. However, family home does not mean an individual foster family home licensed by the state. Farm: An area used for rg owinc of the usual farm products such as vegetables, fruits and grains. and their storage on the area, as well as the raising and feeding thereon of the usual farm poultry and farm animals, such as horses, cattle, sheep and swine. The term "farming" includes the operating of such an area for one or more of the above uses, including dairy farms with the necessary accessory uses for treating or storing the product; provided, however, that the operation of such accessory uses shall be secondary to that of the normal farming activities, and provided further, that farming does not include cow pools, commercial breeding or feeding businesses nor the feeding of collected ag rbage to swine or other animals. Farming: the planting, cultivating, harvesting and storage of grains, hamplants commonly gown in Iowa with the necessary accessory uses for treating or storing the produce and the feeding of livestock as prescribed hereunder, provided such accessory uses do not include the feeding of collected garbage to swine or other animals. Federal: the federal government of the United States of America. Dubuque, IA UDC Adopted 00/00/0000 15 Section I -General Provisions Article 2 -Definitions Fence: a structure serving as an enclosure, barrier or boundary > > ~~ ~~ ~~ Floor Area: whenever the term "floor area" is used in this Code as a basis for requiring off- street parking for any structure, it shall be assumed that, unless otherwise stated, said floor area applies not only to the ground floor area but also to any additional. stories of said structure. All horizontal dimensions shall be taken from the exterior faces of walls. Foundation: a base constructed from either poured concrete or laid masonry rock or brick and placed on a footing located below ground level to a point below the frost line upon which a building or structure is permanently attached. Freestanding Canopy: a permanent, freestanding, ~^„°~°'^°°~' unenclosed roof structure °~ ~*°*~^~~ °~a ~~°r°~°' ~~°*~*~~*~^~°, designed to provide patrons shelter from the elements. Freight Terminal: a building or area in which freight brought by motor truck, bare, air, or rail is received, assembled or stored and dispatched for routing and may include storage. Frontage, Block: that section of a block fronting on a street between two intersectin stg reets or other block boundary. Frontage, Lot: see Lot Frontage. Frontage, Street: See lot frontage- Frontage Road: a street parallel and adiacent to a major arterial, collector and primarily for service to the abuttingproperties, and being separated from the major street by a dividing strip. Funeral Home or Mortuary: 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 or mortuary .. .;a°,a .i,° ° ~: ° °,a r... +~,° ~,^ ra ^~,,,^,~„ ° ° ..~ °ra ti°. ° ~ZI1S1SliLJ Ul1U KY V Garagertial: a structure or building or portion thereof in which one or more vehicles ~e-may be parked or stored. For purposes of this Code, garages include carports. Dubuque, IA UDC Adopted 00/00/0000 16 Section I -General Provisions Article 2 -Definitions Garage Sale'D••-~--•°•~° C°~°~: a residential accessory use whereby items accumulated during the everyday residential use of a dwelling are sold on-premise. Garden, Noncommercial: 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. r" b ~ ~ vim= Gas Station: a building and/or premises where gasoline, oil and minor auto accessories may be supplied and dispensed at retail and may include an automated customer activated fuel dispensing system. A gas station is not a service station. For other services in addition to the sales of gasoline, see Service Station. General Merchandise Retailer: a business that stocks and sells products and services to the general public for a cost. General Merchandise Wholesaler: a business that sells general merchandise or specific t pies of goods typically at a wholesale or reduced price Grade: the average of the finished ground level along a building wall Green Roof: a roof covering of vegetation material typically consisting of the following components: an insulation laver, a waterproof membrane to protect the building from leaks a root barrier to prevent roots from penetrating the waterproof membrane• a draina e lam usually made of lightweight gravel clay or plastic• a geotextile or filter mat that allows water to soak through but prevents erosion of fine soil particles• a rowin medium• plants• and, sometimes, a wind blanket. Green Roof, Extensive: a Green roof system that ranges from as little as one to five inches in soil depth. Extensive Green roof systems generally add less load and require less maintenance than intensive green roofs std Green Roof, Intensive: a Green roof system that requires a minimum of one foot of soil depth to create a more traditional rooftop garden with large trees shrubs and other manicured landscapes. They are multi-laver constructions often includingelaborate irrigation and drainage systems, adding considerable load to a structure and requiring intensive maintenance. Greenhouse, Commercial: a building or premises used for growing plants preparation of floral arrangements. cold storage of flowers or dr serge of materials used for agricultural or horticultural purposes. Greenhouse, Noncommercial: a building constructed ..,.:.,,"~~~•~ ~~ ~-~"~~ °r '~ ~ .., Y~ "'`''"'' temr°""'"'°° ""'""""''"`s' ~ „ ~~ ~ ~`°~"~~' for the cultivation of plants but not for sale on the premises. Dubuque, IA UDC Adopted 00/00/0000 17 Section I -General Provisions Article 2 -Definitions Greenway• a parcel or parcels of land together with the improvements thereon dedicated as an easement for access and/or recreation• usually a strip of land set aside for a walkway, bicycle trail b~lbridle path, or other similar access-way. Grocery Store: a retail ~ '' a:~° *~r°° *'~~~~~°~a ~~~° ~,,,,,a..°a r~ cnn~ ~,,,,,,,.° v~~ .,.1~~.., ~' ~fl cce~j;ol~*°~o ~h~~e rT~~~RI-P~~ establishment primarily selling_prepackaged and perishable food as well as convenience and household goods and having a gross floor area of less than 60,000 square feet. Ground Cover• plant material used in landscaping which remain less than 12 inches in height at maturity. Also see Landscaping. Ground Water• water occurring beneath the surface of the ground that fills available openings in the rock or soil materials such that they may be considered saturated. Group Daycare Center: an establishment regularly providing temporary supplemental parental care or educational instruction for more than 11 children, or as defined bye ~~~n ,.~~~,° ,.,,a° „~T,,..,., state law. Group Home: any group of persons not meeting the definition of family and occupying a single dwelling unit living together as a single housekeeping unit, but not including a boarding or rooming house. Guest Room• a room which is designed to be occupied by one or more guest for sleeping purposes having_no kitchen facilities not including dormitories. Hard Surfaced• any surface used for movement of vehicular and/or pedestrian traffic that is designed and paved with either asphalt concrete permeable pavement, or pavers to City standards but shall not include surfacing materials such as crushed rock gravel, cinder, or surface sealants. Hazardous Waste• waste products of industrial or chemical process including finished surplus used contaminated or unwanted fertilizer herbicide petroleum products, or other such processed waste material. Health Club• privately owned for-profit facilities such as gymnasiums, athletic clubs, recreational clubs reducing_salons and weight control establishments. Hedge• aslant or series of plants shrubs or other landscape material so arranged as to form a physical barrier or enclosure. Historic District• an area designated as an ``Historic District" by ordinance and which contains within definable geographic boundaries properties or buildings that may or may not be landmarks but which contribute to the overall historic character of the designated area. Dubuque, IA UDC Adopted 00/00/0000 18 Section I -General Provisions Article 2 -Definitions Home Improvement Center: a facility of at least 60 000 gross square feet en~a~ed in the retail sale of various basic hardware lines, such as tools builders' hardware paint and lg ass. house wares and household appliances garden supplies and cutler Home Occupation: any occupation or activity conducted within a dwelling unit which is clearly incidental and subordinate to the use of the premises for dwelling purposes.~ee Homeless Shelters: see Temporary Shelter. Homeowners Association: a private, nonprofit corporation or association of homeowners of properties in a fixed area established for the purpose of owning operating and maintaining various common properties and facilities. Horse: 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. Hospice: ~ :: eest~::ui. g l;u~, ~~i;Tg~~ a medical and residential facility for terminally ill people, providing inpatient services and support services for families of the residents and patients. Hospital, Animal: any establishment or business maintained and operated by a veterinarian or veterinarians for examination, prophylaxis surgery diagnosis and treatment of diseases or iniuries of animals including indoor boarding of animals under treatment or benefit of the client; provided. said veterinarian or veterinarians are duly licensed under state law Hotel: sleet===b ""~'°"°"'~•~ °~~°~' . a building or portion thereof offering transient lodging accommodations on a daily rate to the general public and may provide associated services such as restaurants, meeting rooms, and recreational facilities. The word "hotel" includes motels and inns. Household Pet: an animal that is customarily kept for personal use or enioyment within the home. A household pet does not include livestock Housing for the Elderly and Persons with Disabilities: amulti-family structure designed, maintained and operated for exclusive occupancy by the elderly and/or persons with disabilities as defined by the regulations of HUD and providing that one dwelling unit may be used for a resident manager who shall be exempt from occupancy age limitations. Impervious Surface: a surface that has been compacted or covered with a laver of material makin<^ the surface highly resistant to infiltration by water such as rock gravel clay conventionally surfaced streets roots sidewalks parking lots and driveways Dubuque, IA UDC Adopted 00/00/0000 19 Section I -General Provisions Article 2 -Definitions 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. Industrial Park• a large tract of land that has been planned, developed, and operated as an integrated facility for a number of individual industrial uses with special attention to circulation parking utility needs aesthetics and compatibility. Industrial Use• the manufacture fabrication processing reduction destruction or storage of any article substance or commodity or any other treatment thereof. Infill Development• the construction of a building or structure on a vacant parcel located in a predominately built up area. Inoperable Motor Vehicle: any motor vehicle which: A. Does not have a current state license plate, or B Which may or may not have a current state license plate but is disassembled or wrecked in part or in whole or is unable to move under its own power, or is not equipped as required by state law for operation upon streets or highways. C A vehicle which is wholl~or partially dismantled shall not be considered inoperable when said vehicle is inside a completely enclosed building. Institution• a facility that provides a public service and is operated by a federal, state, or local government public orprivate utility public or private school or college church hospital public agency or tax-exempt organization. Intensification of Use: ~~ '' ~ '~~"'~° any change, alteration, extension, expansion or enlargement of a use or use and structure in combination where the off-street parking requirements of this Code would be calculated at a higher ratio and/or would require that additional off-street parking spaces be provided. Intensity the degree to which land is used referring to the levels of concentration or activity in uses ranging from uses of low intensity being agricultural and residential to uses of highest intensitybeing heavy industrial uses High intensity uses are normally uses that generate concentrations of vehicular traffic and daytime population and are less compatible with lower intensive uses. Irregular Tract• a parcel of land that has not been subdivided through adopted plat procedures but nonetheless has been assigned a number for identification purposes. Junk• old or scrap copper brass wire rope rags batteries paper trash rubber debris, waste or iunked dismantled wrecked or~arts of motor vehicles motorcycles, or motorized bicycles or iron steel or other old or scrap ferrous or nonferrous material. Dubuque, IA UDC Adopted 00/00/0000 20 Section I -General Provisions Article 2 -Definitions Kennel: an enclosed building or structure for the commercial keeping, sheltering, training, or selling of dogs, cats, or other small domestic animals with attached outdoor runs or exercise areas permitted for use by animals uiirir.~. *'~° ~,~,,,.~ ^~' ~:~~ ~ "" *~ ' ~:~~ .. Such outdoor runs or exercise areas shall not exceed the square footage of the attached, enclosed building or structure. Landfill: a disposal site employing a method of disposing solid wastes in a manner that minimizes environmental hazards in accordance with state and federal requirements. Landscape: plant materials, top~raphy, and other natural physical elements combined in relation to one another and to man-made structures. Landscape Design and Installation: a business engaged in the design installation and maintenance of commercial and residential landscapes which may include an office and indoor or outdoor storage areas for materials and equipment. Landscaping: the installation of vegetation hardscape and/or xeriscaping in conformity with the requirements of this Code and the continued maintenance thereof Laundromat: an establishment providing for the self-service washing, drying, and cleaning of clothes or linens. Life Care Facility: a facility for the transitional residency of the elderly and/or disabled persons, progressing from independent livin to congregate apartment living where residents share common meals and culminating in full health and continuing care nursin hg ome facility. Also see Housing for the Elderly and Persons with Disabilities Livestock: animals associated with agricultural operation commonly kept or raised as a part of an agricultural operation including but not limited to horses cattle sheep swine goats chickens and turkey Live/Work Space: Buildings or spaces within buildings that combine residential living space with an integrated work space for use by one or more residents Loading Space: an off-street space or berth on the same lot with a main building or conti~7uous to a group of buildings for the temporary ap rking of commercial vehicles while loading or unloading, and which abuts a street alley or other appropriate means of ingress and e rg ess. Lot: a distinct parcel, tract or portion of a subdivision, the location, dimensions, and boundaries of which are determined by a plat. Lot Area: the total horizontal area included within the boundaries of the prelot lines of a lot. Lot, Corner: a lot located at the intersection of two or more streets. Dubuque, IA UDC Adopted 00/00/0000 21 Section I -General Provisions Article 2 -Definitions 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, Double Frontage: a lot having a frontage on two streets, as distinguished from a corner lot. Lot, Flag• a lot with frontage and access provided to the bulk of the lot by means of a narrow corridor. Lot Frontage: all sides of a lot abutting a street and measured along the front property line as it abuts the street ^ °'^~^ +''° °+r°°t right-of-way''~° ^ ~'^'*°a °+r°°~ or roadway easement line. Lot, Interior: a lot other than a corner lot with only one frontage on a street. Lot Line: ~ ° ~'°~^~*~^" ^+ ""°"°'~"'"'° the property line bounding a lot. Lot Line, Front• the property line abutting a street right-of--way or roadway easement line. Lot Line, Rear• a lot line not abutting a street which is opposite and generally most distant from the front lot line. Lot Line, Side: any lot line not a front lot line or rear lot line. Lot, Nonconforming: a lot having less area or dimension than that required in the district in which it is located and which was lawfully created prior to the zoning thereof whereby the larger area or dimension requirements were established, or any lot, other than one shown on a plat recorded in the office of the County Recorder, which does not abut a public road or public road right-of--way and which was lawfully created prior to the effective date of this Code. Lot, Through: ' *ti `'' ' ' •''' ~ "*°v° ^ ° +'"" "+"°°' see Lot, ««~ Double Frontage. Lot of Record: 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. Lot Width: 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-sacs, the lot width shall be measured at the required front yard setback line. Dubuque, IA UDC Adopted 00/00/0000 22 Section I -General Provisions Article 2 -Definitions Lot, Zoning: a zoning lot is a parcel of land of at least sufficient size to meet minimum zoning requirements 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 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 meet the requirements of this Code. Luminaire, Cut-Off: a luminaire with elements. reflectors, or refractor angles that direct and cut off the light at a cutoff angle less than 72 degrees. Manufactured Home:~1-~ti-1t~Tg~Jt~ct~-°, «~'~~^'' ~ ~<~ ^*<~r°~' b ~ °~*°'~~~~'* ~~^^'° ~ „,:'<, a°*~^''°a a<<~°"~^^. a factory-built structure built under the authority of 42 U.S.C. ~ 5403, that is required by federal law to display a seal required by the United States Department of Housing and Urban Development, and was constructed on or after June 15. 1976. Manufacturing, Primary: the initial manufacture, compounding and processing of raw or unprocessed materials, or the manufacture of component parts that require additional processing, fabrication, or assemblesprior to use by the consumer. Manufacturing, Secondary: the mechanical or chemical transformation of materials or substances into new products, including the assembling of component parts. and the blending of materials, such as lubricating oils, plastics, resins, or liquors, for final use or consumption. Microhrewery: see Brewery. Micro. Mini-Storage or Mini-Warehouse: a building or group of buildings containing individual. compartmentalized, and controlled access stalls or lockers for storage. Dubuque, IA UDC Adopted 00/00/0000 23 Section I -General Provisions Article 2 -Definitions Mixed Use: properties where various uses, such as office, commercial, institutional, and/or residential, are combined in a single building or on a single site in an integrated development project with significant functional interrelationships and a coherent physical design. Mobile Home: 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 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 Code shall be construed as permitting a mobile home in other than an approved mobile home park, unless such mobile home is classified as a manufactured home. Mobile Home Par : 1.,,,a ° „~„~;.,°l., a°~;,.~°a .,,,a ,1°<,°1^„°a r^...«.^ ~~~ ^ °'^*° *^''° °^'~' ^ °„*°a ~ r *'~° „'~~°~°r* ^'~m^'~~'°''^~°~ aparcel of land under single ownership that has been planned and improved for the placement of mobile housing used or to be used for dwelling purposes and where mobile home spaces are not offered for sale or sold. The term "mobile home park" does not include sales lots on which new or used mobile homes are parked for the purposes of storage, inspection, or sale. Mobile Home Subdivision: any area, piece, parcel, tract or plot of ground subdivided and used or intended to be used for the purpose of selling lots for occupancy mobile homes. Modular Home: afactory-built structure which is to be used as a place of human ha is constructed to comply with the Iowa state building code for modular factory-built structures, as adopted and displays a seal issued by the Iowa State Building Code Commissioner. Moratorium: a temporar h~ aping of specific development activities for a specific timeframe. Motel:~te~~e^~ s-domed-1~-t~~ see Hotel. Aii„~,,,. >C..,.:,'{,t T,...„,:.,.,1. A 1.,,;1,7:.,,. „ <,L,;..1, ~ °;,.1,~ 1„-,,,,..l,t 4... ,,,,,*,,,- r,-„~L. ; Museum: an institution devoted to the procurement, care, study, and display of objects of lasting interest and value. Nightclub: a commercial establishment dispensing beverages for consumption on the premises and in which dancing is permitted or entertainment is provided, except when defined as adult entertainment. Also see Bar. Dubuque, IA UDC Adopted 00/00/0000 24 Section I -General Provisions Article 2 -Definitions Nonconforming Building: a building or portion thereof which was lawful when established but which does not conform to subsequently established zoning_or zoning regulations. Nonconforming Use: a use lawful when established but which does not conform to subsequently established zoning or zoning regulation. Non-Farm Buildings: all buildings except those buildings utilized for agricultural purposes on a farm. Nursery: the use of a premises for the propagation, cultivation, and growth of trees, shrubs, plants. vines. and the like from seed or stock, and the sale thereof, and including the sale of trees. shrubs, plants. vines, and the like purchased elsewhere and transplanted into the soil of the premises. In connection with the sale of plants, such fungicides. insecticides, chemicals, peat moss, humus, mulches, and fertilizers as are intended to be used in preserving the life and health of the nlants may be sold. Nursing or Convalescent Home: 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. Office, General: a business establishment, or portion thereof, where consulting, record keeping, bookkeeping and clerical work are performed, but not to include medical offices or clinics. Office, Medical: a business establishment, or portion thereof, furnishing medical, surgical or other service to individuals, including the offices of physicians, dentists, and other health practitioners, accessory medical and dental labs, outpatient care facilities, blood banks, and oxygen and miscellaneous types of medical supplies and services. Official Map: see Zoning Map, Official. Office Park: a large tract of land that has been planned, developed, and operated as an integrated facility for a number of separate office buildings and supporting ancillary uses with special attention to circulation, parking, utility needs. aesthetics and compatibility Open Feedlot Operation: an unroofed or partially roofed animal feeding operation if crop vegetation, or fora~~rowth or residue is not maintained as part of the animal feeding operation during the period that animals are confined in the animal feeding operation. Open Space: that part of a lot or parcel not devoted to buildings, structures, parking or loading areas, driveways or any principal or accessory use. Dubuque, IA UDC Adopted 00/00/0000 25 Section I -General Provisions Article 2 -Definitions Open Space, Common: a separate and distinct area set aside as open space within or related to a development, and not on individually owned lots or dedicated for public use, but which is designed and intended for the common use or enjoyment of the residents of the development. Rights-of--way, private streets, driveways, parking lots or other surfaces designed or intended for vehicular use or required yards shall not be included as common men space. Open Space, Usable: an area of land or water or combination of land and water which may include complimentary structures and improvements within the site, excluding space devoted to parking, designed and intended for common use and enjoyment. Outlet Store: a commercial development that consists mostly of manufacturers' outlet stores selling their own brands at a discounted price. This definition includes all forms of centers, such as strip style, enclosed mall style, and village clustered style centers. Overlay District: a district in which additional requirements act in conjunction with the underlying zoning district. Owner: one or more persons including corporations, who have title to the property, building or structure in question. Parcel: a lot or a contiguous group of lots in single ownership or under single control, which may be considered as a unit for purposes of development. Park: anypublic or private land available for recreational, educational, cultural, or aesthetic use. Parking, Off-Street: all hard-surfaced areas other than public rights-of-way for the purpose of parking vehicles. Parking, On-Street: the space designated for parking a vehicle within the paved portion of the street right-of--way. Parking Space• a paved area other than a street or alley designed for the parking of a vehicle. Parking Structure: a structure or portion thereof composed of one or more levels or floors used exclusively for the parking of vehicles. Parkway' The area excluding the sidewalk if any between the property line and the curb, or in the absence of a curb between the property line and the nearest edge of the street avin . Performance Guarantee• a financial guarantee to ensure that all improvements, facilities, or work required by this Code will be completed in compliance with these regulations as well as with approved~lans and specifications of a development. Dubuque, IA UDC Adopted 00/00/0000 26 Section I -General Provisions Article 2 -Definitions Permeable Pavement: a hard surfaced pavement system with traditional strength characteristics, but which allows rainfall to percolate through it rather than running off. For purposes of this Code this does not include gravel, cinders, crushed rock or seal coat. Permitted Use: see Use. Permitted. Person: an individual, corporation, limited liability company, government or governmental subdivision or agency, business trust, estate, trust, partnership or association. or an ~ o legal entity. , Pet Daycare: an establishment where a household pet can be left for a period of time less than 24 hours; where kenneling does not occur. r ° Planned Unit Development (PUD): a planning process and district for the purpose of providing for an unique and flexible arrangement of residential, business, or industrial uses in accordance with an approved conceptual plan. Plat: a map showing the location, boundaries, and legal description of individual properties prepared by a licensed land surveyor. Plat of Survey: a raphical representation of a survey of one or more parcels of land. including a complete and accurate description of each parcel within the plat, prepared b~ licensed land surve. Policy: a statement or document of the City, such as the comprehensive plan, that forms the basis for enacting legislation or making decisions. Pony: a small horse, especially one of any of several breeds of very small stocky animals; I IVCG ° . Premises: a l;,t ~r ~.vi'Iii'c~^'^*, *^^°*"°r ~ ~~*" ~" ~ °~*° *"°r°^~. tract of land, consisting of one lot or irregular tract, or more than one lot or irregular tract, provided such lots or tracts are under common ownership, contiguous, and used as a single tract. A building or land within a prescribed area. Preschool: see Child Care Center, Licensed. Dubuque, IA UDC Adopted 00/00/0000 27 Section I -General Provisions Article 2 -Definitions Principal ~~Use: e ~~ see Use, Principal. Also see Building, Principal. Processing or Assembly: the preparation of material for efficient shipment, or to an end- user's specifications, by such means as baling, briquetting, compacting, flattening rinding, crushing, mechanical sorting, shredding, cleaning, and remanufacturin~ Prohibited Use: see Use, Prohibited. Property Line: the legal, platted boundary of a lot or parcel of land. Public Facility: any building, location, or structure, owned by a public entity such as a library, fire station, school, park, and other similar facilities and uses. Public Use: a specified activity or area that either through actual public ownership or through dedication of easements allows the eg neral public access and use. Public Utility: all or part of a waterworks, gasworks, sanitary sewage system, storm water drainage system, electric light and power plant and system, heating_plant, cable communication or television system, telephone or telecommunications systems or services offered separately or combined with any system or service specified herein or authorized by other state law ,any of which may be owned by a city, including all land, easements, rights of way fixtures, equipment accessories, improvements, appurtenances, and other property necessary or useful for the operation of the utility Public Utility Easement: a portion of a lot or block in which the City and all public utilities enfranchised by the City have a r-ig#trite 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. Quarry: an excavation activit~esigned to mine, extract, or remove specific natural resources for commercial purposes. This does not include underground mining and extraction. Racetrack: a measured course where animals or machines are entered in competitions against one another or against time. Railroad: the land use including the right-of--way abutting railroad properties occupied by uses pertinent to the railroad operation and maintenance but not including~roperties owned by the railroad and leased for use by others. > ; ,.i. ,.,: :.. ~t-,.,lt :~t,: +l,o t., ;ta; err ~t~_,.r~ Dubuque, IA UDC Adopted 00/00/0000 28 Section I -General Provisions Article 2 -Definitions Recorder: the Dubuque County Recorder. Recreational Facility: indoor and outdoor facilities for the use by the public for passive and active recreation including_tennis handball, racquetball, basketball, track and field, iog in , baseball, soccer skatings swimming or golf. This shall include country clubs and athletic clubs but not facilities accessor~to a private residence used only by the owner and guests, nor arenas or stadiums used primarily for spectators to watch athletic events. " R~~«', Recreational Vehicle (RV): "~ ~*° ~'° °~' ~ ~'~ °'° ~rn°°°° '' CTRT~J~'7vriTII~'IT~1°mTf~T„'R^TCe-Ce '~''~ ~Y1Y~TjiTUiiTi[^cT'U'a°, '"'4 ~ ~4 1;m;4°.a 4°, .. w. ~ri[~ iruiiir~, *°~* *~^~'°r^ ^*^r ~^^~°c °^~ t°nt-c^m~°~^ a vehicular unit designed for recreational camping or travel use under its own. power or designed to be mounted on or drawn by a motor vehicle. Recreational vehicle includes motor home, truck camper, travel trailer, camping trailer, and fifth wheel. Recreational Vehicle Park: a tract of land upon which two or more recreational vehicle sites are located, established, or maintained for occupancy recreational vehicles of the general public as temporar I~gLquarters for recreation or vacation purposes by campers. vacationers, or travelers. Redevelopment: the act of rehabilitation or demolition of existing buildings and/or land area irrespective of whether a change occurs in land use. Residence: a building used. designed, or intended to be used as a home or dwelling place for one or more families. Resource Recovery/Recycling Center: Indoor and outdoor facilities for obtainin ug seful materials or enemy from solid waste or recycled materials. Materials can be reused for their original purpose, packaged and shipped elsewhere, reprocessed for a different purpose or converted into energy, not to include a biofuels plant or a salvage yard. Restaurant, Drive-In/Carryout: Any business establishment or portion thereof 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 adrive-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 Dubuque, IA UDC Adopted 00/00/0000 29 Section I -General Provisions Article 2 -Definitions the serving of beer, wine and alcoholic beverages on the premises of a limited nature as an accessory use to the restaurant, as defined in this section. Retail Commercial: Astand-alone building with a lame parking lot or a part of a larger commercial center. with a gross floor area of 60,000 square feet or more, including but not limited to department 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. Retail Sales or Service: establishments less than 60,000 square feet engaged in selling or renting goods or merchandise to the general public for personal or household consumption ^„~' r°~~'°,.:,,,. ~°r^~^°~ ~~,.:a°„*^' and/or services in conjunction or separate to the sale of such goods. Retail sales/service establishments shall not include eating and drinking places, uses defined as adult entertainment, vehicle sales or service, or wholesale, processing or manufacturing operations with an accessory retail outlet on the premises. Rezoning: an amendment to or change in the official zoning map. Right-of--Way (ROW): an area or strip of land, either public or private, on which an irrevocable right of passage has been dedicated, recorded, or otherwise legally established for the use of vehicles. utilities and/or pedestrians. Road: see Street. Rooming House: n.,,, t,,,;i,a:~,r „ ,,.-+:,.., +,,°,.°„~ ,. ,,,^:.,:,,,. ^ n~° a.,,°~,:,,,. , ~;. „r,°,.°:,, ,` ter°° ~~` ^^~' ^^* m ° *'~^^ *°^ ~' n` ~ r°'^*°a ^° .see Boarding or Rooming House. Salvage Yard: anv lot. land parcel. building. or structure or Dart thereof for storage collection, purchase, sale, salvage, or disposal including but not limited to: machinery, appliances, farm equipment, and including motor vehicles, parts and equipment that are a result of the dismantlins or wrecking, or keeping of iunk, including scrap metals or other scrap materials. Satellite Dish Antenna: a parabolic antenna incorporating a reflective surface that is solid, open mesh, or bar configured and is in the shape of a shallow dish, or cone and used to transmit and/or receive radio or electromagnetic waves. Scale: proportional relationship of the size of parts to one another and to the human figure. Dubuque, IA UDC Adopted 00/00/0000 30 Section I -General Provisions Article 2 -Definitions Scenic Easement: an easement for the purpose of limiting land development in order to preserve a view or scenic area. School, Pre- or Nursery: a school or center for children under school ale. School, Elementary, Junior High, or Senior High: public and other non-profit institutions conducting regular academic instruction at kindergarten, elementary, and secondary levels. Such institutions shall offer general academic instruction equivalent to the standards prescribed b~state law. Screening: a structure of plantin,~ that conceals from view from public ways the area behind such structure or planting. Selective Clearing: the careful and planned removal or trees, shrubs, and plants using specific standards and protection measures. Self-Service Station: establishment where motor fuels are stored and dispensed into the fuel tanks of motor vehicles by persons other than the service station attendant and may include facilities available for the sale of other retail Separate Ownership: ownership of a parcel of land bra person who does not own any of the land abuttin sg uch parcel. Service Station:~A~}y~ tvr-ic'c21'.rt~C'~~ izcC~sSvi'c°c~,'~cr"'vr"r , ~ b, °'~'~~^ ^*~^« ^ °+^r^^° ^+ ^^^^^°r^'''° ~ °"~^'°~ a building and premise where the primary use is the supply and dispensing at retail of motor fuels, lubricants, batteries, tires. and motor vehicle accessories and where light maintenance activities such as engine tune- ups, lubrications, and washing may be conducted, but not including heavy maintenance and repair such as engine overhauls, painting. and body repair. Setback: the ~~.,;Y,,,,,,, "^r~~^„*°' distance required between a property line or roadway easement line and the .,° °~* „°,~:^.. °r-., ~*,.,,,..,,,.° .,, ~ ,,.,~ .. .,°.~.. ~;,,° ~~,,,.°.~,°„~ ^~„ '~~~~'~'~~° ^ °+r^^'~~r° buildable area on a lot. Setback Line, Building: the minimum distance as prescribed by this regulation between any property line or roadway easement line and the closest point of the building line or face of any building or struchire related thereto. Setback, Front: a line which defines the required minimum distance between a building or structure and the right-of--way or roadway easement line. The front setback line shall be parallel with the right-of--way line or roadway easement line. Corner lots and double-frontage lots shall have a front setback along both street frontages. Dubuque, IA UDC Adopted 00/00/0000 31 Section I -General Provisions Article 2 -Definitions Setback, Rear: a line which defines the required minimum distance between a building or structure and the property line opposite the right-of--way line or roadway easement line. The rear setback line shall be parallel with the rear property line except for corner lots and double-fronta eg lots. Setback, Side: a line which defines the required minimum distance between a building or structure and an interior,property line, extending between the front and rear setback lines. The side setback line shall be parallel with the nearest interior property line. For purposes of accessory buildings and structures, the side setback shall be extended to the rear property line. Shopping Center: a group of commercial establishments planned, constructed, and managed as a total entity with customer and employee parking provided on-site, provisions for goods delivery that is separated from customer access, aesthetic considerations, and protection from the elements. Shopping Center, Neighborhood: a group of commercial establishments with off-street parking on the property that are generally planned and developed as an architectural unit, with a primary trade area of the neighborhood(s) in which it is located. Shopping Center, Regional: 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. Shrub: amulti-stemmed woody plant other than a tree. Sidewalk Cafe: an area adiacent to a street level eating or drinking establishment located adiacent to the public pedestrian walkway and used exclusively for dining, drinking, and pedestrian circulation. The area ma~parated from the public sidewalk by railings, fencing, or landscaping or a combination thereof. Sight Triangle: see Visibility Triangle. Similar Use: the use of land buildings or structures of like kind or general nature with other uses within a zoning district as related to bulk, intensity of use, traffic generation and congestion, function public services requirements, aesthetics or other similarities. Simple Division: any division of land in which no new streets, public or private, are proposed, which does not require the construction of any public improvements, and which ^^^~screates fewer than three lots. Site Plan• a plan prepared to scale showing accurately and with complete dimensioning, the boundaries of a site and the location of all buildings, structures, uses, drives, parkin, Dubuque, IA UDC Adopted 00/00/0000 32 Section I -General Provisions Article 2 -Definitions drainage. utilities. landscape features and other principal site development improvements for a specific parcel of land. Skate Park: a recreational facility containing ramps and other obstacle courses and devices for use with skateboards and skates. Skateboard Pine: a structure which is shaped into a half circle or Koval that is designed and principally intended to permit persons on skateboards to move continuously from one side to the other. ~' Skateboard Ramp: a structure with an upward inclined surface essentially one of the sides of a pipe, which are designed and principally intended to permit persons on skateboards to move from horizontal to vertical and back to horizontal. Specialized Product Store: a retail commercial use that typically merchandises products of a similar nature such as, but not limited to electronics jewelry~reeting cards Spot Zoning: the zoning of a small land area for a use which differs measurably from the zoned land use surrounding this area. Land may not merely be so zoned in the interest of an individual or small group but must be in the eg neral public interest Stadium: a lame usually open structure for sports events with tiered seating for spectators State: the State of Iowa. Storage: the keeping in a roofed or unroofed area of any goods material merchandise or vehicles. Storm Drain: conduit that carries natural storm and surface water drainage but not sewage and industrial wastes, other than unpolluted cooling water Stormwater Detention: any storm drainage technictue that retards or detains runoff such as a detention or retention basin, parking lot storage rooftop storage orous pavement drti~ wells, or any combination thereof. Said detention shall be desi ng ed by a licensed professional engineer and approved by the Citv. Stormwater Management: the collecting conveyance channeling holding retaining detaining infiltrating diverting treating or filtering of surface water or groundwater and/or nlnoff, together with applicable managerial (non-structural) measures Stormwater Retention Area: an area designed by a licensed professional engineer and approved by the City to retain water to control the flow of Stormwater Stormwater Runoff: surolus surface water generated by rainfall that does not seep into the earth but flows over land. Dubuque, IA UDC Adopted 00/00/0000 33 Section I -General Provisions Article 2 -Definitions Story: 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 above grade as defined herein for more than 50 percent of the total perimeter or is more than 12 feet above grade as defined herein at any point, such usable or unused underfloor space shall be considered as a story. Story, First: 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 below grade, as defined herein, for more than 50 percent of the total perimeter, or more than eight feet below grade, as defined herein, at any point. Street• a public thoroughfare right-of=way or roadway easement dedicated, deeded, or recorded for use as such other than an alley which affords the principal means of access to abutting.,,~roperty including avenue place way drive lane boulevard, highway, road and any other thoroughfare except as excluded in this Code. 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~rovide direct access to abutting properties. Street, Cul-De-Sac• a 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 ownership usually by a property- owner association not dedicated to the City giving access to the other lots of the subdivision and to the ad-joining street pattern. Street, Public• a dedicated platted recorded and accepted passageway for public travel. Street Centerline• the centerline of a street right-of--way as established by official surveys. Street Frontage: see Frontage. Street. Street Hardware• man-made obiects other than buildings that are part of the streetscape: examples include• lamp posts utilitypoles traffic signs benches litter containers planting containers letter boxes, fire hydrants. Streetscape• the scene as may be observed along a public street or way composed of natural and man made components including buildings paving plantings street hardware, and miscellaneous structures. Dubuque, IA UDC Adopted 00/00/0000 34 Section I -General Provisions Article 2 -Definitions Structure: anything constructed or + ~' '+'~ ° ~~°a'°^°+~°~ °~ +"° ° ~"' ° °++'^'~°`' +° °+'~~^° < ~~*'~ ° ~~°a'^^^*~^^ ^^ +''° ~ r~' built above ground, any edifice or building of any kind. or an~piece of work artificially built up or composed of parts joined together in some definite manner, which requires location on the ground or is attached to something having a location on the rg ound, including but not limited to buildings, mobile homes, walls, fences, billboards, poster panels, above ground storage tanks, and similar uses. Structure, Temporary: a building or structure erected for aone-time temporary use, lacking a~ermanent foundation, connections to water and sewer, and eg nerall h~a~~ing open walls, distinct from a permanent structure which must meet adopted building codes. Structural Alteration: any change in the supporting members of a building, such as bearing walls, columns beams, or girders, or any complete rebuilding of the roof or the exterior walls. Subdivision: a' ~ ° i + ~.~°„~, +,- ^+ °~ „~~,,.,a r+° +< ~~~ i~+~ *'~°<• ~'~<~~~~°^ ~ ^'.,a:^~< °" ^''°^~-°~ ~ ~+r°°+'~^°° ^r'^*'~^°°Aa tract of land divided into b three or more lots. Subdivision Plat: a graphical representation of the subdivision of land, prepared by a licensed land surveyor, having a number or letter designation for each lot within the plat and a succinct name or title that is unique. Supermarket: a retail food ~+°r° ~ °°+°r +''°~ +"~°° *'~°~~°°~~' +;.,° ~,,,,,a,.°,a rz snni ~,,,,°..° rv°+ ^+~+'^°~ ° °~~'° *^ +''° ^ ~°' ^~~'~'~^ establishment primarily selling prepackaged and perishable food as well as com~enience and household goods and having_a gross floor area of 60.000 square feet or more. Tannins Studio: any business that uses artificial lighting systems to produce a tan on an individual's body. These facilities may be either astand-alone business or as an accessory use in spas, gymnasiums, athletic clubs, health clubs, and suing salons. Tattoo Parlor and Body Piercing Studio: an establishment whose principal business activit i~practice of tattooing and/or piercing the body of paving customers. Tavern: see Bar. Temporary Shelter: A structure used as a da facility or temporary dwelling for abuse victims, transient or homeless individuals, but not including orphanages or foster homes, operated b~profit religious, educational, or philanthropic institution. Temporary Use: see Use, Temporary Terrace: raised earthen embankment with the top leveled. A terrace may be supported by a retaining wall. Dubuque, IA UDC Adopted 00/00/0000 35 Section I -General Provisions Article 2 -Definitions Theater: a building or structure used for dramatic, operatic, motion pictures or other performance, for admission to which entrance money is received. This use is not included with any type of adult establishment. Theme Park: see Amusement Park. 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. Tourist Home: a private home which is rented to tourists or travelers. Tower: a structure situated on a site that is intended for transmitting or receiving television, radio, or telephone communications. Also see Antenna. Townhouse: ~iiij' .ierie~ of tvr'v~ 7 ~• ° ,•,+°r~ll...~4f.,`.ti,°!l ~. ~.,° ~.,.-.,:,. .7..,°ll;,,..~ ; ^~ +^^ ^~ ^^^+'~°r. a one-family dwelling unit, with aprivate entrance in a roup of three or more units, which part of a structure whose dwelling units are attached horizontally a linear arrangement, and having a totally exposed front and rear vv~all to be used for access, light, and ventilation. Transit Facility: asmall-scale covered waiting area for buses, taxis, and mass transit stops, typically with a separate loading lane. Tree: any self-supporting wood plant rg owing upon the earth that usually_provides one main trunk and produces a more or less distinct and elevated head with many branches. Tree Cover: an area directly beneath the crowTn and within the dripline of the tree. Upzoning: a change in zoning classification of land to a more intensive or less restrictive district such as from residential district to commercial district or from a single family residential district to a multiple family residential district. Use: the purpose or activity for which land and/or-tl~e buildings~ereen are designed, arranged, or intended or for which land or buildings are occupied or maintained. Use, Accessory: a use «~'~~°'' ~ °'°~r'~r incidental *^ ~~~' ° ~°*^m~r~'~~ rn,,,,a ~ °°*~^~ use, related, appropriate and clearly subordinate to the main use of the lot or building, which accessory use does not alter the principal use of the subject lot or affect other properties in the district. Use, Conditional: a use ~~~'~~°'' ~ °~~**°a ~ ~ a~°*r~°* ^~'~~ • ~ r;~a:,,,. ~.., .~,° n^~r~' ^r °~°^* °~a ^^^'~° .~,°*. where allowed by the district regulations, that would not be appropriate enerally throughout the zoning district without restrictions, but which, if Dubuque, IA UDC Adopted 00/00/0000 36 Section I -General Provisions Article 2 -Definitions controlled as to number, size. area, location. relationship to the neighborhood or other minimal protective characteristics would not be detrimental to the public health, safety. and general welfare. Use. Permitted: anv land use allowed without condition within a zoning district. Use, Principle: the main use of land or structure, as distinguished from an accessory use. Also see Building. Principal. Use, Prohibited: anv use of land, other than nonconforming:, which is not listed as a permitted use or conditional use within a zoning district. Use, Temnorary: impermanent uses of an occasional nature not exceeding six 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. Utility Easement: see Easement. Utility Service: any device, including wire, ~lpe, and conduit, which carries gas, water, electricity. oil, wastewater and communications into a building or development. Variance: a'~~'~~ie» relief from or variation from the strict application of the bulk regulations, as applied to a specific piece of property= which may be granted by the zoning board of adjustment according to the ~*°~a°ra~ °~' ~°°*~°~ ~ ~.~ ~+ *'~~~ °..a:~°~°° provisions of this code. Vehicle: a vehicle shall be broadly interpreted to mean any implement of conveyance designed or used for the transportation of people or materials on land or water, including, but not limited to, automobiles, trucks, bicycles, motorcycles, snowmobiles, boats, ~'°~°n ~°'~°°„+°~~ trailers, campers, wagons, etc. Vehicle Bodv Shop: a facility which provides vehicle collision repair services, including Bodv frame strai htening, replacement of damaged parts, and painting, but does not include mechanical en ine or mower train repair. Vehicle Sales: the storage and display for the retail or wholesale sale, rental, or lease of more than two new or used vehicles, and which may include facilities for the incidental repair or body work of vehicles. Vehicle Service or Repair: 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 Dubuque, IA UDC Adopted 00/00/0000 37 Section I -General Provisions Article 2 -Definitions 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 with at least 50 percent opacity. The sale of used parts other than as an incidental part of the business is prohibited. Visibility Triangle: an area at a street intersection in which nothing shall be erected, placed, planted, or allowed to brow in such a manner as to materially impede visibility. See Section 3-4. Warehouse: a building used primarily for the storage of goods and materials. Warehouse Club Operation: an establishment or place of business primarily en ag ed in selling and/or distributing merchandise to retailers; to industrial, commercial, institutional, or professional business users, or to other wholesalers; or acting as agents or brokers and burg merchandise for, or selling merchandise to, such individuals or companies. This is not considered a general commercial use. Warehouse, Distribution: use engaged in storage, wholesale, and distribution of manufach~red products, supplies, and equipment. Wetland: those areas that are inundated or saturated by surface or ground water at a frequency and duration sufficient to support, and that under normal circumstances do support, a prevalence of vegetation typically adapted for life in saturated soil conditions. Wetlands may include, but are not limited to, swamps, marshes, and bogs. Wholesale Club: a retail store that sells a limited assortment of merchandise to customers who are "members" of the club. Wholesale Establishment:- an establishment for the on-premises sales of goods primarily to customers engaged in ~°"~„^ *^ r°*~~'°r° ^r a;°*,.;~,„*^r° r~*'~°r *u°^ }^ ~^~~••~°r~ the business of reselling the goods. Wholesale Trade: a use primarily engaged in selling merchandise to retailers; to industrial, commercial, institutional, farm or professional business users; or to other wholesalers; or acting as agents or brokers in buying merchandise for or selling merchandise to such persons or companies. The~rincipal types of establishments included are: Merchant wholesalers; sales branches and sales offices (but not retail stores) maintained by manufacturing enterprises apart from their plants for the purpose of marketin t~ heir products; agents, merchandise or commodity brokers, and commission merchants; petroleum bulk storage, assemblers buyers and associations engaged in cooperative marketing of farm products. The chief functions of uses in wholesale trade are selling_goods to trading establishments, or to industrial commercial institutional, farm and professional; and bringing buyer and seller together. In additional to selling functions frequently performed by wholesale establishments include maintaining inventories of goods; extending credit; physically assembling, sorting and rg ading_goods in large lots breaking bulk and redistribution in smaller lots; delivery; refrigeration• and various types of promotion such as advertising and label designing. Dubuque, IA UDC Adopted 00/00/0000 38 Section I -General Provisions Article 2 -Definitions Wildlife Conservation Area: an area dedicated to conservation of wildlife and wildlife habitat. Window: an opening in the wall of a building for the transmission of air or light, or both. commonly fitted with a frame in which are set movable or nonmoveable sashes containing panes of Mass or plastic, whether transparent or translucent, and is viewable from the interior of the building. Xeriscaping: landscaping characterized by the use of vegetation that is drought-tolerant or a low water use in character. Yard: 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 Code. Yard, Front: the r°^,,:,.°a ~•^~a area between a principal building and the right-of-wav line or roadway easement line, and extending between stele-letinterior property lines ^^r^~~ ''~° ~ ^^* b °rh.. ~. Yard, Rear: the area between a principal building and the propert ~ l opposite the right-of--wav line or roadway easement line, and extending °^r^°° *'~° r°°r ^f *'~° ladbetween ;n„°r °~a° ~~^rainterior property lines. In the case of corner lots and~l} double-frontage lots, there will be no rear yards, but only front and side yards.~e~--a€ °.~.. ~ ; Yard, Required: See setback. Yard, Side: the urea between a principal building and an interior propert ~~ .and extending ~ ^m *'~° r°^r'~^° ^~ *'~° ~°^,,:,.°abetween the front yard te-t~heand rear preperty ~i-rtes. In the case of~l} double-frontage lots, side yards shall extend ~ ^m *'~° ~°°r between the front yards. In the case of corner lots, yards remaining after front yards have been established shall be considered side yards. ~x':a*'~ ^r' ° r°^,,:,.°a ~~a° Yard, Special: 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. Dubuque, IA UDC Adopted 00/00/0000 39 Section I -General Provisions Article 2 -Definitions Zoning District: a section of the city in which zoning regulations and standards are uniform. Zoning Map, Official: map delineating the boundaries of zoning districts which, along with the zoning text, is officially adopted by the Dubuque City Council and on file in the office of the Planning Services Department. Dubuque, IA UDC Adopted 00/00/0000 40 Section II -Land Use Regulations SECTION II -LAND USE REGULATIONS Article 3: General Provisions Article 3 -General Provisions 3-1 Provisions of Code Declared to be Minimum Standards In th~,ir intra Y + +• ~ ur,l,ll~~--The provisions of this Code ~'~~11 ~-° ~°la + ~ are the minimum requirements for~~° -~~°-~°*~ ~promotin~ thelie health, safety, , ~ and general welfare of the community. 3-2 General Lot Size Requirements and Standards h-srrar-,t 1. ri o 'F' Il ',7 ,.t i ~ ,• r ~ ° Jr A. . No building shall be built upon a lot without the required minimum frontage along an improved private or public street built to minimum City street standards No building shall be built upon a lot without a City approved driveway access to a public or private street or alley 3.3 Application and Scone of Regulations B. No building, structure, or part thereof, shall hereafter be built, moved or~~d altered, and no building, structure or land shall hereafter be used; or occupied upon a 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. C. No existing building or structure shall hereafter be built ors altered so as to conflict or further conflict with this Code. D- b ~ ~ :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 ~erm>tted elsewhere in this Ordinance no building structure or~art thereof shall hereafter be built moved or remodeled and no building, stricture or land shall hereafter be used, occupied or designed for use or occupancy: -8:1. 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. E. Within residential ~~a °~+ 'a -*' 1 districts, only one principal permitted use or structure shall be located on a single zoning lot. r~ ~aa:*~° 'a --'-~ , ~ . In other districts, any number of-~'; structures or uses permitted by Dubuque, IA UDC Adopted 00/00/0000 41 Section II -Land Use Regulations Article 3 -General Provisions this Code may be ~n+-G~i~h~ built moved altered used or occupied, provided that the individual district regulations can be met, 3-4 Reduction in Lot Area Prohibited N~ lot existing on the effective date of this Code shall be reduced in dimension or area below the minimum requirements set forth herein. ~--~ + Q-~- "e n 3-5 Obstructions to Vision at Street Intersections Prohibited A_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 and eight feet above the average grades of the intersecting property lines. ~B On any corner lot a visibility triangle shall be provided in which nothing shall be - erected placed planted or allowed to brow 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 intersectingproperty lines in the area bounded by said fines, and a line ioinin~ the points of such pro~erty lines at a distance often feet (10') from the intersection. mac. 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 units. In such case, the measurement shall be taken at the intersection of the front property and the edges of the driveway. 3-~6 Yard Requirements A. All yards required by this Code shall be provided and remain as open, unobstructed space ~~ ~~~;,.,~ ~ a' ° required-3-r~ B. No part of a yard; or open spaces, ~ a °r"' by this Code for any structure shall be included as part of a yard; or open space~~ ' for any other'";'structure unless otherwise allowed by this Code. C. The following may be located within an otherwise required yard provided they are used in conjunction with a use permitted in the underlym~ zomna district. Dubuque, IA UDC Adopted 00/00/0000 42 Section II -Land Use Regulations Article 3 -General Provisions All Required Yards: Awnings, shutters, canopies; arbors and trellises; swimming or wadingpools less than 18 inches deep; plan equipment; chimneys projecting not more than 24 inches into the required yard; flagpoles; steps necessary for access to a building or lot; fences and walls as provided in Section 3-19 hedges and other vegetation, and accessibility ramps and landings, except that landings which exceed five feet in any horizontal dimension shall meet setback requirements. Poles, posts, and other customary yard accessories, ornaments, and furniture may be located in any yard subject to requirements limiting obstruction of visibility and height limitations. 2. Required Front Yards: Bay windows, oriels, or balconies projecting not more than five feet into the required front yard; overhanging eaves and gutters projecting into the required front yard not more than one-third the distance to the front property line from an exterior wall; off-street parking, ° °~' *'~°' +°~ ~ °+ °~ °'°°r ~ ~~'~~'~+~ ~"°"''° 3. Required Rear Yards: Accessory uses, buildings or structures as permitted by Sections 3-6 and 3-7; open and unroofed off-street parking spaces,'°'°°„~°~, "r°°~°~~~°~~~, ° °~ a ~ r°"°~, patios and terraces „nay; bay windows projecting not more than five feet into the required rear yard; overhanging eaves and gutters projecting into the required rear yard not more than one-third the distance to the rear property line from an exterior wall. 4. Required Side Yards. Accessory uses, buildings or structures as permitted by Sections 3-6 and 3-7; overhanging eaves and gutters projecting into the required side yard not more than one-third the distance to the side property line from an exterior wall; open off-street parking, except as provided for in Article 14. ¢5. Continuing Maintenance Required: The maintenance of any_yard, open space, minimum lot area, or off-street parkin spaces required by this Ordinance shall be a continuing obligation of the owner of the property to which such requirements apply, No aspen 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. 3-6 Accessory Structures and Uses in Residential and Office Residential Districts 3-6.1 Accessory Structures and Uses Permitted T~ r°~~a°~}'°' °~a °~~°° °~~a°~*~°' a:~*r~°*~ Accessory structures and uses shall only be permitted as specifically authorized within each individual district of this ordinance:~e and Dubuque, IA UDC Adopted 00/00/0000 43 Section II -Land Use Regulations Article 3 -General Provisions shall be subordinate to and on the same zoning lot with the principal structure or use in conjunction with which it is maintained. 3-6.2 Bulk Regulations A. Location: No accessory use~g or structure permitted by this Code may be located in a required front yard, except as otherwise specifically authorized. No accessory ~g structure, equipment or material of any kind exceeding five feet in height may be located in a required side yard. B. Accessory Use/Structure Coverage: The lot coverage of permitted accessory uses and/or bungs structures and the principal's" structure it serves shall be calculated together for the purpose of complying with the specified lot coverage as a percent of lot area .The maximum lot coverage shall not be exceeded within the district in which it is located and in no case shall permitted accessory-1"';'~d~gs structures or uses exceed the lot coverage of the principal structure it serves, with a maximum of 1,000 aggregate square feet for all detached structures. C. Accessory Structure Height Limitations: No accessory structure permitted by this Code shall exceed a height of 15 feet measured from ground level; . Satellite receivinc dishes, wind enemy conversion systems, and building-mounted wind turbines shall comply with the bulk regulations of Section 7. ~D. Side and Rear Yard Setbacks: Side yard setbacks for all permitted accessory '""' 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 structures or uses shall be six feet for all zoning districts. Side and rear yard setbacks for detached storage sheds no larger than 120 square feet in area shall be three feet for all zoning districts, provided such structure is located at least six feet from the primary structure. 3-6.3 Residential Use Prohibited No accessory structure may be used for residential dwelling purposes at any time, except as allowed in Section 8-5. 4 ''-~-T~ o Di,,., n ~r,.,,.,.,i rnr Ee~`~~EEesse~'~}--L~so~ -ri.,o r^ii,..,,;,,,. ~ o 4'rt,;~ !l«,~1;.~.,.•.,.o ,. .-+„ *l,o;,- o~*.,L,l;~t,,,,v„r ~,., rl,a ~o..~:~o~ ~. ~,.ov..t,,.,,~o~ „ o t,,,,,a,.oa ii nm ~ o ~ a+ ; o Dubuque, IA UDC Adopted 00/00/0000 44 Section II -Land Use Regulations ° ," °~ Article 3 -General Provisions ~. b ~ • b ~ ('_r°„nrl m r4°rl .aic~L.°n c+l.n~~ nn~.~ ~° r .•.-~~.44°r~ . nr~c r~k 4h^4 can ° , ° ° ' 3-7 Accessory Structures and Uses in All Other Zoning Districts In all other zoning districts, accessory structures and uses shall be permitted with or without conditions if the City Planner deems the structure or use customarily incidental to and subordinate to the principal structure or use it serves. Such structures and 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, and satellite receiving dishes shall comply with the requirements established in Section 7.9g-~ -2.14 and wind turbines (building-mountedl shall comely with the reauirements established in Section 7-3.7. 3-S Si't-t1-t~~°-~~--Oert~-ifl-~4e~e~esse-r~~1r.:es Accessory Uses Subject to ~-d-ibex-a-Site Plan Review The following accessory uses ^^~' ^^„a;.:^^^ °^4^'~'~^''°a'~°r°~r shall require site plan approval in accordance with Article 12 and, where applicable, compliance with additional supplemental land use regulations as established in Article 7, prior to their establishment on the premises: A. Greenhouses over one hundred (100) square feet in area B. 17~'~^'' °°^°vn4^r° Wind energy conversions std C. Satellite receiving dishes Dubuque, IA UDC Adopted 00/00/0000 45 Section II -Land Use Regulations Article 3 -General Provisions D. Swimming pools ~. 3-9 Permitted Modifications of Height Restrictions 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, cooling towers, condensers, elevator bulkheads, belfries, stacks, ornamental towers, monuments, cupolas, domes, spires, and other necessary mechanical appurtenances and their protective housing. 3-10 Occupancy of Basements and Cellars No basement or cellar shall be occupied for residential purposes until the remainder of the building has been substantially completed. 3-11 Fees Anv annlication for action taken under this Code shall be submitted alone with the reauired fee, as established by resolution of the City Council. All required fees shall be submitted to the City Planner for deposit with the City Treasurer. No fee is required for applications filed in the public interest by members of the City Council, Zoning Advisory Commission, Zoning Board of Adjustment, City Manager, or other City Department. 3-12 Prohibited Uses Uses not listed within this Code shall be prohibited, except that uses similar in nature and intensity to those specifically listed may be allowed, provided the City Planner determines that such use presents a character and compatibility consistent with other uses in the same zoning district, and is consistent with the spirit and intent of this Code. 3-13 Exemption from Regulation The following structures or uses are exempt from the regulations of this Code 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 over four (4) feet in diameter. ~~°° ^^^°~°^r~~ c*r~~^*~~r°°' Dubuque, IA UDC Adopted 00/00/0000 46 Section II -Land Use Regulations Article 3 -General Provisions C. Railroad tracks, signals, bridges and similar facilities and equipment located on a railroad right of way. D. Communication towers used to transmit and/or receive television radio, cellular or other communication signals shall not be exempt from this Code. 3-14 Off-Street Parking and Loading_ 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 ~l-e~f- ~r°°*'°°~'~~rt ~~°°°~ required by the provisions of Article 14 in this Code are provided. No structure or use already established on the effective date of this Code shall be enlarged, expanded or increased in area or intensity of use unless the minimum off-street parking a~ ~-spaces which would be required by the provisions of this Code for such enlargement, expansion or increase in area or intensity of use are provided. 3-15 Public Buildings and Uses All-l~il~i~lg~ structures, signs, or uses owned or operated by the City~* °v°m~*°a "~~ c°~'~°~ ~ ~ Q °{ *'~~~ ~,,.a;~°~°° shall be exempt from the regulations of this Code and shall be permitted in any district, provided a site plan is submitted and approved in accordance with the provisions of Article 12. 3-16 Adjustment of Front Yard Setbacks in Rl, R2, R2A, and R3 Districts The required front yard setback may be adjusted by the City Planner as follows. A. Interior lots: Where dwellings exist on both abutting lots and both have setback less than required by the underlying zoning district, the setback for the interior lot need not exceed the average of the setbacks of the two abutting dwellings. Where dwellin~a exist on both abutting lots and only one has a setback less than required by the underlyin~ zoning district. the setback for the interior lot need not exceed the average of the required setback and the smaller setback. ~B. Corner lots: Where a dwelling exists on an abutting lot and has a setback less than required by the underlying zoning district, the setback for the corner lot need not exceed the setback of the abutting lot on the same street frontage provided the required visibility triangle is maintained. C. In no event shall any structure extend beyond the front property line of a lot. INSERT DIAGRAM HERE 3-17. Limited Setback Waiver A. 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 Dubuque, IA UDC Adopted 00/00/0000 47 Section II -Land Use Regulations Article 3 -General Provisions 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 form the Zoning Board of Adjustment in which case the criteria for the special exception, not the limited setback waiver, would apply. B. The limited setback waiver requested is 33.3 percent or less of the required setback(s). t~rC. That all abuttingpro~erty 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. 1~D. The setback waiver requested for an additional or an accessory structure is the same or greater than the setback(s) of the existing structure. ~E. The setback waiver request 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. 3-18 Temporary Uses Within any zoning district °~*°'~'~~'~°a "~~ `'~~~ nra~~°r°°, temporary uses shall be allowed only as listed as a temporary use within the zoning district in which the proposed temporary use is located,l-} provided that: A. A site plan, indicating the proposed use,'°~°+'' ^r °+°~~ its duration, off-street parking, and traffic circulation be submitted with the appropriate filing fee as established ~~ ^r'*'~~^ r'..a:^°^^° by resolution of the City Council and approved by signature of the City Planner except as otherwise provided for in the district regulations. For allowed temporary uses, the ~'~+~~ D'^^^°r City Planner may waive site development standards for the duration of the temporary; and B. The use is of a limited and temporary duration, and in no case,-wi-11 shall exceed six months per calendar year unless the ~'~+~~ D'°~r°r City Planner_grants an extension upon showing of good cause. The ~'~+~~ D1°„~°r City Planner_may grant a maximum of two 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. 3-19 Construction Promotion Activity A. Within any lot subject to a valid building_permit, temporary construction buildings, storage trailers materials and/or equipment including a temporary batch plant, necessary for construction authorized by a valid building permit shall be permitted, provided the Dubuque, IA UDC Adopted 00/00/0000 48 Section II -Land Use Regulations Article 3 -General Provisions location of the building, trailer, materials, equipment, and batch plant has been approved by the building official. B. Within andplatted subdivision, the following uses shall be permitted: 1. A subdivision sales office under the following conditions: i. The pumose of the subdivision sales office shall be to promote the sales of lots or homes in the subdivision; ii. Any office or similar premises used in connection with the subdivision sales office shall be located within a subdivision display home and no exterior reconstruction or any permanent alteration of the display home shall be permitted in establishing the subdivision sales office; iii. There shall be no sign on the premises other than those permitted by this Code• iv. The subdivision sales office may continue for a period of one year from the issuance of the first building permit to a builder, contractor or subdivider within the subdivision. A renewal permit may be issued by the Building des p~~ent-Official to allow continuation of the subdivision sales office after an evaluation of the location of the subdivision sales office the type of development in the immediate area, and the effect of the sales office on the adjacent area. -~2. Subdivision display homes which do not contain any subdivision sales offices or continuing sales activities or continuing displays, shall exempt from this section. 3-20 Fences Located on Residential Lots 3-20.1 Residential Districts On any residential lot, fences may be erected to a height of seven feet in all yards except that fences erected in required front yards shall not exceed four feet in height provided that 10 feet of clear visibility shall be maintained on corner lots in accordance with Section 3-5. Fences surrounding pools shall also comply with all applicable standards reauired by the Building Code.T~ ~ : ~i~*c..,, ui~tr ^* ~ ~ ° *~,~* v ooa *~o ~v ,.r,. is :*~*• ~, •i L 1V {, 1l.I IC:~. ~ ~ Af t}i~••anFa-ic ~r~rirnnriz*~ *~ r~~ •-+ +1+ + 1~' + ,~1' • ',-.t ., .a +l, +1, 1' r' rr r r r ~ J~vr~ +.,.,,7.,.-.ate +,,.- „ .„a;*:.,.,.,t ....,;rte ., ~ J LLII ItIUI UJ T o , 3-20.2 Fences Located at Schools or in NonresidentialA~ker Districts Fences surrounding school yards or located in et-hernonresidential zoning districts shall be exempt from the provisions of Section 3-19. provided that visibility at intersections is not hindered in accordance with Section 3-5. Dubuque, IA UDC Adopted 00/00/0000 49 Section II -Land Use Regulations Article 3 -General Provisions 3-20.3 Barbed Wire and Electric Fences Barbed wire and electric fences shall not be permitted below eight feet in height, except when used in the AG District for purposes of containing livestock. Dubuque, IA UDC Adopted 00/00/0000 50 Section II -Land Use Regulations Article 5 -Zoning Districts Article 4: r'^~^--^' c*^*^---^~* ^~'r--*^~*Nonconformities It is the intent of this Code 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 nonconformities may substantially and adversely affect the orderly development, maintenance, use and ~e value of other property in the same zoning district, property that is itself subject to the regulations and terms of this Code. In order to secure eventual compliance with the City's comprehensive plan and with the standards of this Code, it is therefore necessary to carefully regulate lawful nonconformities and to prohibit the reestablishment of such nonconformities that have been discontinued. 4-1 Nonconformities Generally A. Within the zoning districts established by this Code or its subsequent amendment, there exist uses, lots, and structures, ~ ^~'°~a, ~ °~~*r~~°*~~~°~, ~ „~',,,,a ^~a °*,.,,°*~~r°~ ..,~,:~.,+;°r °~'' °"°r°°+°~~~'~°~ °~~~c° which were lawful before this Code was adopted or amended, but which would now be prohibited, regulated or restricted under the terms of this Code or its subsequent amendment. Such '^nonconformities shall hereafter be considered lawful nonconformities. B. To avoid undue hardship, nothing in this Code 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 Code and upon which actual building construction has been carried on diligently. C. "Actual building construction" is hereby defined to include the placement of construction materials in permanent position and fastened in a permanent manner. fl- 4-2 Nonconformity Created by Change in Law or Boundary Whenever a use, lot, or structure becomes nonconforming due to a change in this Code or the zoning district boundaries, such use. lot, or structure may be continued in conformance with this Article_ 4-3 Effect on Nonconformities that were Illegal under Prior Law Nothing in this Code shall be interpreted as authorization for, or approval of the continuance of a use, lot, or structure which was in violation of zoning regulations in effect immediately prior to the effective date of this Code or was otherwise illegal. 4-4 Nonconforming Uses A. "~°° °~'°^~'. Any lawful nonconforming use of a lot or structure'°„a °r ~~°° ^~'°„~' °"'°r°a °'°~~'~ ~' ~ ~ ~' ~' ^ '' '* may be continued so long as it b Dubuque, IA UDC Adopted 00/00/0000 51 Section II -Land Use Regulations Article 5 -Zoning Districts remains otherwise lawful and provided t-l~tthere is no enlargement, increase or extension of the'°•~ ~ ~' ~ ~~ ,.,~,;.,,. use ~~'°ra ~ ° *'~°* which would result in a greater area of lithe zoning lot i-sbein~ occupied than was occupied at the time of the adoption of this Code, and that no additional structures or additions to structures existing at the time of the adoption of this Code shall be constructed on the same zoning lot. Further, no such'°~~~~ ~' ~~~°~~~ ...,,:,,~. used shall be increased in intensity or moved or relocated in whole or in part to any other portion of the zoning lot on which it i~was located *'~°~ *'~°+ -~~~~~~ ~°°~~~~°a at the time of the adoption of this Code. B. b > > > > • ~ aA lawful nonconforming use ~~° ~*r~~°*~~r° may be extended throughout any parts of the structure in which it is locatedprovided~here said structure or parts thereof were manifestly arranged or designed for such use at the time of the adoption of this Code;-art '~, ava u~~e~o a.v ~:C. If any lawful nonconforming use of a lot or structure ceases for any reason for a period of more than ~~~°*~- ~onl ,.,.,,~°°„*;~.° a~~~ ~~ one near, any subsequent use of such blot or structure shall conform to the ter~rsrequirements of this Code. ~D. ~~e-Whenever a lawful nonconforming use is superseded by a permitted use, such-l-rl nonconforming use shall not thereafter be resumed. ~E. un, ~ ~..,~,. .,i; ~ .,, .,a ~~,. ,..,, ...t,:.,,,.: .t, ~, ~.~e ~~When a building or structure housing a nonconforming use is dammed by fire. explosion act of God or the public enemy to an extent of more than 75 percent of its fair market value such building or structure shall not be restored unless the use of the same shall thereafter conform to the uses permitted in the district in which it is located, except that lawful nonconforming residential uses may be °°resumed. Dubuque, IA UDC Adopted 00/00/0000 52 Section II -Land Use Regulations 4-5 Nonconforming Lots Article 5 -Zoning Districts A. Any lot having insufficient area, width or depth for the zoning district in which it is located, lacking frontage on an improved public street; or an improved private street of a planned district, or any combination thereof, shall be considered a lawful nonconforming lot only if it was conforming, lawfully platted,- and-are filed in the Office of the Dubuque County Recorder prior to the adoption of this Code or if a deed or other instrument in the owner's chain of title creating or containing a legal description consistent with the current dimensions of such lot was lawfully recorded ands filed in the Office of the Dubuque County Recorder prior to the adoption of this Code. B. On any singlet lawful nonconforming lot located 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. E: 4-6 Nonconforming Structures A. Structures that were lawfully constructed prior to the adoption of this Code, but which could not be constructed under the terms of this Code 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. A~ s~}~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 ~ ~ ~ ~ ~°°*~ °„ n ~ c °~ *1.,: ~~herein. However, any lawful nonconforming structure or portion thereof may be altered to reduce its nonconformity. B. Alterations conducted by order of the City to comply with building or life safety code provisions shall be permitted. C. iiirb rc , b b ~ ~ . When a lawful nonconforming. structure is dammed by tire, explosion, act of God. or the public enemy to an extent of more than 75 percent of its fair market value. such structure shall not be restored except in conformance with the requirements of the district in which it is located. However. lawful nonconforming structures used solely for residential uses may be reconstructed to their location, size, and external dimensions that existed at the time of damage. Residential lawful nonconformities may be expanded provided they comply with the schedule of R-2A Alternate Two-Family Residential District regulations. Dubuque, IA UDC Adopted 00/00/0000 53 Section II -Land Use Regulations Article 5 -Zoning Districts 4-7 Nonconforming Characteristics of Use Whenever '~~~, due to the adoption or amendment of this Code, ~~ff-street parking, paving of~ parking area, landscaping, screening, and similar ~°~-~~ssite improvements do not conform to the requirements of this Code , s~the deficiencies shall be considered lawful nonconforming characteristics of such use. Said deficiencies shall be brought into conformance whenever the use, lot, or structure with which they are °**r'~associated-te is et~a~expanded by 25 percent or more of building area existing at the time of adoption of this Code., °^'^r^°a ^r'''° ~^'°^°~+~~ ~° ° ~° ° Dubuque, IA UDC Adopted 00/00/0000 54 Section II -Land Use Regulations Article 5 -Zoning Districts Article 5: Zoning Districts 5-1 Generally 5-1.1 Application of Zoning District Regulations In order to regulate and restrict the height, number of stories, and size of buildings and other structures; the percentage of lot that may be occupied; the size of the yards, courts, and other open spaces; the densitypopulation; and the location and use of buildings, structures, and land for trade, industry, residence, or otherpurposes, the City and the area within its extraterritorial jurisdiction is hereby divided into zoning districts. 5-1.2 Zoning District Boundaries A. Where uncertainty exists with respect to the boundaries of the various districts shown on the Official Zoning Map, the following rules apply: B. The district boundaries are the centerlines of either streets or alleys unless otherwise shown. and where the districts designated on the Official Zoning Map are bounded approximately by street or alley centerlines, the street or alley centerline shall be construed to be the boundary of the district; C. Vl'here the property has been or may hereafter be divided into blocks and platted lots. the district boundaries shall be construed to coincide with the nearest platted lot lines; and where the districts designated on the Official Zoning Map are bounded approximately by platted lot lines, the platted lot line shall be construed to be the boundary of the district; D. In unsubdivided property, the district boundary lines on the Official Zoning Map shall be determined by use of the scale appearing on the mad 5-1.3 ~N~Official Zoning Map 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 Code. 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 Code. The Official Zoning Map shall be located in the Office of Planning Services. 5-1.3,1. Identification and Location of Zoning Map: The Official Zoning Map shall be identified b t~gnature 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. 5-1.3.2 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 Cites approving said amendment. Dubuque, IA UDC Adopted 00/00/0000 55 Section II -Land Use Regulations Article 5 -Zoning Districts 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. 70-90, § 1, 9-4-1990) 5-1.4 Zoning Districts Established In order to carry out the purposes of this Code, the following districts are hereby established: Residential: R-1 Single-Family Residential R-2 Two-Family Residential R-2A Alternate Two-Family Residential R-3 Moderate Density Multi-Family Residential R-4 Multi-Family Residential Office: OR Office and High Density Multi-Family Residential OS Office Service OC Office Commercial Commercial: C-1 Neighborhood Commercial C-2 Neighborhood Shopping Center C-2A Mixed Use Neighborhood C-3 General Commercial C-4 Downtown Commercial C-5 Central Business C-S Commercial Service and Wholesale C-R Commercial Recreation Industrial: LI Light Industrial HI Heavy Industrial MHI Modified Heavy Industrial Special Purpose: AG Agriculture ID Institutional POS Public Open Space PUD Planned Unit Development Overlays: FL Flood Plain OTN Old Town Neighborhood Overlay SOD Sign Overlay District Dubuque, IA UDC Adopted 00/00/0000 56 Section II -Land Use Regulations Article 5 -Zoning Districts RROD Rural Residential Overlay District RHOD Restricted Height Overlay District 5-1.5 Annexation Zoning Policy All unincorporated territory which may "°r°^~°~''° ^^^°~°~''° come within the jurisdiction "~ " ' of the City ...° ° ^+; r.° ,.~^ ;r;°a ° .,*;,, ra°~.,,;." ."° ^~ e°^*~^^ ~ ^''*'~~° ~'^a°. limits b~virtue of annexation to the City shall be placed and continued in the AG Agriculture District, unless prior to annexation, such land is classified, effective upon annexation, as another zoning district. 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 Section 9-5. 5-1.6 Conformance to Code Required A. No building, structure, or land shall hereafter be used or occupied, and no building, structure, or part hereof, 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. Regulations within each district shall be applied uniformly to each class or kind of structure or land. B. Unless permitted elsewhere in this Code, no building, structure, or part thereof, shall hereafter be built, moved or remodeled, and no building~e~-etastructure or land shall hereafter be °~°^*°'' ^~ ^'*°r°a used, occupied or des~ned for use or occupancy: C ~~~ °~^°°a *'~°'~°~~~'~* ^,. r,""'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 D. -r~° ~,^.,° „ ^i~°,. ,. ^,.,a^ rr°r* . ^,.a^ ^;,a° . ^,.,a^ ~t"°,. ~ ~So as ~" to provide any front, side. or rear ward or other open space that is less than the minimum st~ecified for the zoning district in which such buildinc, structure or use of land is located or maintained, or ,~-E. So as to accommodate or house a greater number of families. T"°~ "°r°~~ ~°rm~+'°a; 5-2 R-1 Single-Family Residential The R-1 District is the most restrictive residential district and is intended to protect.- -low density residential areas from the encroachment of incompatible uses. The principal use of land in this district is for low density single-family dwellings and related recreational, religious and educational facilities. r,,,..,,^>>., ,. ,.°a *„ ^ ° .~,° ,.°~;a°„+^ . ,;*r,:,, +"° ,a:^+,.;^, 5-2.1 Principal Permitted Uses The following uses skal-l-Beare permitted in the R-1 District: Dubuque, IA UDC Adopted 00/00/0000 57 Section II -Land Use Regulations Article 5 -Zoning Districts ~1. Cemetery, mausoleum, or columbarium ~2 ~''~~~~^''°° ^^ ~°^*~ ^^a ri.^^^~*°r~°~Place of religious exercise or assembly ~3. Public or private park, golf course, or similar natural recreation area ~4. Public, private or parochial school approved by the r^.,,° c+^~° ~,.°..a „~ n„~,~;^ T~~ State of Iowa (K-12) ~S.Railroad or public or quasi-public utility, including substation ~6. Single-family r°~~~detached dwelling~~ 5-2.2 Conditional Uses The following conditional uses are-may be permitted in the R-1 district, subject to the provisions of Section 8-5 ~1. Accessory Dwelling unit 2. Licensed Adult ~e Day Services ~:3. Bed and breakfast home E.4. Keeping of horses-or ponies 5. Keeping of hens ~:6. ~=r~~~~ ~'°•~^°r°Licensed childcare center 7. Mortuary, funeral home, or crematorium 8. Wind energy conversion system 9. Tour home 10. Tourist home x:11. Off street parking 5-2.3 Accessory Uses The following uses shall-beare permitted as accessory uses as provided in Section 3-6: ~1. Detached garage ~2. Fence €3.Garage sales °~ -,,.,,..,°°° ~°'°~ provided that not more than three such sales shall be allowed per premises per calendar year and not more than three consecutive days per sale ~4. Home occupation ~5. Noncommercial garden, greenhouse or nursery ~-6. Off street parking and storage of vehicles Dubuque, IA UDC Adopted 00/00/0000 58 Section II -Land Use Regulations ~7. Satellite receiving dish ~8. Solar collector Article 5 -Zoning Districts ~9. ~°„a:~-~ ,~,^~~°~~~° Sport, recreation, or outdoor cooking equipment x:10. Storage building ~1 1. Tennis court, swimming pool or similar permanent facility x-12. ~a ^°^°r~*^rWind turbine (building-mounted 5-2.4 Temporary Uses 1110. 1VlIV PYZ ° ° b ~ b b Temporary uses shall be regulated in conformance with theprovisions of Section 3-18. 5-2.5 Parking Minimum parking requirements shall be regulated in conformance with the provisions of Article 14. 5-2.6 Signs Signs shall be regulated in conformance with the provisions of Article 15. 5-2.7 Bulk Regulations Permitted Uses Single-Family 5,000 50 40 20 50 6 20 30 School, Place of _ __ . Religious Exercise or 20,000 100 40 20 --- 20 20 30 ~ Assembly Conditional Uses _- Licensed Childcare Center, Licensed Adult' 5,000 ; 50 40 20 --- 6 20 30 Daycare Center Bed and Breakfast 5,000 50 40 20 50 6 20 30 Home Mortuary, Funeral 20,000 100 40 20 --- 20 20 30 Home ' May be erected to a height not exceeding 75 feet, 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. See Section 3-16 for adjustment of front yard setbacks. Dubuque, IA UDC Adopted 00/00/0000 59 Section II -Land Use Regulations Article 5 -Zoning Districts 5-3 R-2 Two-Family Residential The R-2 district is intended to provide residential areas characterized by single-family and two-family dwellings. Increased densities and the introduction oftwo-family housing types are intended to provide greater housing options while maintaining the basic qualities of a low density residential neighborhood. The principal use of land in this district is for low density single- and two-family dwellings and related recreational, religious and educational facilities. 5-3.1 Principal Permitted Uses The following uses Beare permitted in the R-2 District: tel. Cemetery, mausoleum, or columbarium ~-2 ~'~^r^'~°~-, ^^ ~°"*~' ^"'' ~~~°"^"+°"'°°Place of religious exercise or assembly ~3. Public or private park, golf course, or similar natural recreation area ~:4. Public, private, or parochial school, approved by the r,,.,.^ c+.,+° u^^ra ^~ n,.~.i:^ T"State of Iowa (K-12) ~S.Railroad or public or quasi-public utility, including substation ~6. Single-family detached dwelling 6-7. Townhouse (maximum 2 dwelling units) ~8. Two-family .dwelling (duplex) r. ° 5-3.2 Conditional Uses The following conditional uses may be permitted in the R-2 District, subject to the JLCIICTZ.TC~CT'I<~TGCj'CTIrGT12GT1TSTOTTCjJP'2i ~ a .aa c~v.....b provisions of Section 8-~ ~' +'~ +° ~ " "^~'~~~~ +~'''~ ~°"'"" ~ ~ ~ l~ a:.in+m °v,+ ~ r n rid:+:r~r,nL_ 74:1. T ~^°"°°a ''°~~^°r° Licensed Adult Day Services ~2. Bed and breakfast home E:3. Hospice 4. Licensed childcare center ~5. Keeping of hens 16. Mortuary, e~funeral home, or crematorium Dubuque, IA UDC Adopted 00/00/0000 60 Section II -Land Use Regulations 7_Off street parking 8. Wind energy conversion system 9. Tour home X10. Tourist home 5-3.3 Accessory Uses Article 5 -Zoning Districts The following uses sl}atl-l~eare permitted as accessory uses as provided in Section 3-6: ~=1. Detached garage ~:2. Fence ~3.Garage sale °r ~~,mri,^~° ~^'°^ provided that not more than three such sales shall be allowed per premises per calendar year and not more than three consecutive days per sale ~-4. Home occupation 6-5. Noncommercial garden, greenhouse or nursery ~-6. Off street parking and storage of vehicles t-7. Satellite receiving dish ~8. Solar collector ~9 g°^a~'~~ -„°~~^'~'° ^^^r*~Sport, recreation, or outdoor cooking equipment 10. Storage building ~,4-11. Tennis court, swimming pool or similar permanent facility x-12 ~x':^'' rt°~°r^*^rWind turbine (building-mounted 5-3.4 Temporary Uses ~P_-€6I-lo'vF~tb t~SeS~#a~>~2-~tted~t +l, n ~ n' t-~iC-T .°.7 4,., r7,° 1.,.:1.7:.,.. „4'4;,.;,,1 uYYrv`v c.cr Temporary uses shall be regulated in conformance with the provisions of Section 3-18. 5-3.5 Parking Minimum parking requirements shall be regulated in conformance with the provisions of Article 14. Dubuque, IA UDC Adopted 00/00/0000 61 Section II -Land Use Regulations Article 5 -Zoning Districts 5-3.6 Signs Signs shall be regulated in conformance with the provisions of Article 15. 5-3.7 Bulk Regulations ." Permitted Uses ~ ` ~ ~ ~. ~ ~ s e - _ Single-Family 5,000 50 40 20 50 6 20 30 __ y ~ -~ Two-Famil 6,0 0 50 40 20 50 6 20 30 Townhouse (2 du max) 3,000/du 25/du _. 40 20 _ 50 6 __ 20 30 School, Place of Religious Exercise or 20,000 100 40 20 --- 20 20 30' Assembly ,M, Conditional Uses Hospice 5,000 50 40 20 --- 6 20 30 Licensed Childcare Center, Licensed Adult' 5,000 50 40 20 --- 6 20 30 Daycare . , z.~..,. ,.. _ _ Bed and Breakfast ~ 5,000 50 40 20 50 6 20 30 Home Mortuary, Funeral 20,000 100 40 20 --- 20 20 30 Home ' May be erected to a height not exceeding 75 feet, provided t hat 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. See Section 3-16 for adjustment of front yard setbacks. e: 5-4 R-2A Alternate Two-Family Residential 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. 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 coverage than allowed in the more recent developing areas where such requirements can be provided. The R-2A District is intended to be °°'°°+~•~°'~~ ~'°~°a ^^located in those areas displaying one or more of the above characteristics. 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. 5-4.1 Principal Permitted Uses The following uses sl~ll-heare permitted in the R-2A District: ~1. Cemetery, mausoleum, or columbarium ~2 ~'"~~~^''°~ ^^ ~°^*° °^a ~~^~°°*°°~°~ Place of religious exercise or assembly Dubuque, IA UDC Adopted 00/00/0000 62 Section II -Land Use Regulations Article 5 -Zoning Districts ~3. Public or private park, golf course, or similar natural recreation area ~4. Public, private, or parochial school approved by z,,...,, c*°*° ,~~°ra °~D„~.';° T~~-State of Iowa (K-12) ~S.Railroad or public or quasi-public utility, including substation ~6. Single-family detached dwelling 6-7. Townhouse (maximum 2 dwelling units) ~-8. Two-family dwelling (duplex) r I ~~n ° 5-4.2 Conditional Uses The following conditional uses ~may be permitted in the R-2A District, subject to the provisions of Section 8-5 ~ :u ~.e tl:° II ~~-„~~-~ „*~ ~ ~~~ °*~ ~ *° *~° ~~ ~, i 'II aaI II UICI „~salu vI ~ icrJcr n 1.,,1:..:,1,,.,1 -, 1„r 1;~,° L,,..~,°~ .;,a°,a rh~r. TfllIUIV L , „ 1. Bed and breakfast home ~2. Hospice 3. ' ~ °°~ °~'~~'' a°.~°°~ Licensed Adult Day Services ~:4. ~ }eLicensed childcare center ~S.Off premises residential garage 6. Off street parking 7. Tour home ~8. Tourist home 6-:9. Wind energy conversion system 5-4.3 Accessory Uses The following uses Beare permitted as accessory uses as provided in Section 3-6: Dubuque, IA UDC Adopted 00/00/0000 63 Section II -Land Use Regulations Article 5 -Zoning Districts ~1. Detached garage ~2. Fence ~.3.Garage sale1 °r ,.,,,,.,~.,.,,.° ~~'°° provided that not more than three such sales shall be allowed per premises per calendar year and not more than three consecutive days per sale ~4. Home occupation ~5. Noncommercial garden, greenhouse or nursery ~+6. Off street parking and storage of vehicles t:7. Satellite receiving dish ~8. Solar collector ~9 v°~a~'~~ ~^~~°'''° °^^~°~ort, recreation, or outdoor cooking equipment X10. Storage building ~1 1. Tennis court, swimming pool or similar permanent facility x-12. Wind ~r turbine (building-mounted) 5-4.4 Temporary Uses Tl, f' 11 L, 11 L, .-.,,:++°.a „~ •°Y,,,~,.,,-~,-., , „ •l,° D 7 A Tl;~*,-;..+• b r° r ~ n R '1,1' ~ '1 f ter„ .,F..,.,+° .,1~ ,,~/~ • „°,.° ., F ter,. .,+;~, ~ ~~ r, no° ~ b Temporary uses shall be regulated in conformance with the provisions of Section 3-18. 5-4.5 Parking Minimum parking requirements shall be regulated in conformance with the provisions of Article 14. 5-4.6 Signs Signs shall be regulated in conformance with the provisions of Article 15. Dubuque, IA UDC Adopted 00/00/0000 64 Section II -Land Use Regulations 5-4.7 Permitted Uses Bulk Regulations Article 5 -Zoning Districts Single-Family 2,500 25 50 10 50 3 10 30 ._ .~ ~_ Two-Family 2,500 25 50 10 50 3 10 30 Townhouse (2 du max)' 2,500/du 25/du 50 10 50 3 10 30 ... _.. School, Place of Religious Exercise or 20,000 100 40 10 --- 20 20 30 2 Assembly Conditional Uses ._ _ Hospice 2,500 25 50 10 --- ~ 3 10 30 Licensed Childcare _ Center, Licensed Adult 2,500 25 50 10 --- 3 10 ' 30 Daycare Off-premise residential --- --- --- 10 --- 3 6 feet 15 garage _. _ _ _. ., Bed and Breakfast 2,500 25 50 10 50 3 10 30 Home ' Minimum twenty feet for garages facing a street. z May be erected to a height not exceeding 75 feet, 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. See Section 3-16 for adjustment of front yard setbacks. 5-5 R-3 Moderate Density Multi-Family Residential The R-3 District is intended to provide locations fo ''°~~°'„..,,,°~*~- ~~~'~~°'' -„°_ ~~°'~~a° a variety of dwelling types ranging from single-family to low-rise multi-family dwellings. The R-3 District also serves as a transition between residential and nonresidential districts. 5-5.1 Principal Permitted Uses The following uses Beare permitted in the R-3 District: ~-1. Cemetery, mausoleum, or columbarium ~2. Multi-family dwelling (maximum six dwelling units) ~3. ~trrc~eTce~en~-nndteri~~Place of religious exercise or assembly ~4. Public or private park, golf course, or similar natural recreation area ~S.Public, private, or parochial school approved by r,,.,,., c*°*° ~„°ra °~ T'.,~.';°'~~+r„°*:°~ State of Iowa (K-12) Dubuque, IA UDC Adopted 00/00/0000 65 Section II -Land Use Regulations ~:6. Railroad or public or quasi-public utility, including substation 6~7. Single-family detached dwelling ~8. Townhouse (maximum six dwelling units) t-9. Two-family dwelling (duplex) 5-5.2 Conditional Uses Article 5 -Zoning Districts The following conditional uses ~may be permitted in the R-3 District, subject to the provisions of Section 8 ~^~a ^ ° *'~° -„ ~+^ ~ r ^ ~'~^^+~^~ *^ +''° ''^~~~rt ~1. Bed and breakfast home ~2. Group home ~3. Hospice ~:4. Housing for the elderly or persons with disabilities ~-S.Individual zero lot line detached dwelling 6. T ~^°~°°a ^~'~~'* ~'^~r^^r Licensed Adult Day Services ~7.~y~c-areLicensed childcare center 6-8. Mortuary, e~funeral home, or crematorium ~9. Nursing or convalescent home x:10. Off-premise residential garage ~l 1. Off-street parking 12. Rooming or boarding house 13. Tour home 14. Tourist home X15. Wind enemy conversions s 5-5.3 Accessory Uses The following uses Beare permitted as accessory uses as provided in Section 3-6: Dubuque, IA UDC Adopted 00/00/0000 66 Section II -Land Use Regulations n.~,,,.~,°a , D RT°,, ,.~mm°,.,.: ,,~ R rl~,,,,~°~ ~1. Detached garage ~2. Fence Article 5 -Zoning Districts ~3.Garage sale1 °r ,.,,r,.,.,°~-° °~'°° provided that not more than three such sales shall be allowed per premises per calendar year and not more than three consecutive days per sale ~4. Home occupation ~5. Noncommercial garden, greenhouse or nursery ~+6. Off street parking and storage of vehicles t:7. Satellite receiving dish ~8. Solar collector ~9. °°~a~'~~ -„°~~^'~'° ~„^r*°Sport, recreation, or outdoor cooking equipment x-10. Storage building X11. Tennis court, swimming pool or similar permanent facility X12. Wind g~urbine (building-mounted). 5-5.4 Temporary Uses -r~,° ~„~~,,.~,;~b , °~~„t~e pe~~tted-as-t w, ~ u ~ r~;~~,.;,.~. ~ b Temporary uses shall be regulated in conformance with the provisions of Section 3-18. 5-5.5 Parking Minimum parking requirements shall be regulated in conformance with the provisions of Article 14. 5-5.6 Signs Signs shall be regulated in conformance with the provisions of Article 15. Dubuque, IA UDC Adopted 00/00/0000 67 Section II -Land Use Regulations 5-5.7 Bulk Regulations Article 5 -Zoning Districts Pemritted Uses ' ,Single Family 5,000 50 40 20 50 4 20 30 Two-Family 5,000 50 40 20 50 4 20 30 ~~ .~.w__ Multi-Family (6 du max) 2,000idu ' S0 40 ' 20 --- 4 20 30 Townhouse (6 du max)' 1,600ldu ! 16/du 40 20 ' --- 4 20 30 School, Place of Religious Exercise or Assembly _. 20,000 __ 100 40 20 --- 20 20 20' Conditional Uses , Individual Zero Lot Line __ __ 5,000 50 40 20 S0 10 20 ~_. 30 Group Home 5,000 50 40 20 --- 4 20 ~ 30 Hospice 5,000 50 40 20 ___ 4 20 30 Rooming and Boarding House "_ 5,000 50 _ _ _ 40 _ . 20 --- 4 20 30 Licensed Child care ~ Center, Licensed Adult' Daycare 5,000 50 40 20 --- 3 20 40 Bed and Breakfast Home 5,000 50 40 20 50 4 20 30 Nursing Home 20,000 100 40 20 --- 20 20 30 Housing, Elderly 20,000 100 40 20 --- 20 20 30 Mortuary, Funeral : Home 20,000 100 40 20 --- 20 ! 20 30 Off-premise residential garage --- --- --- 20 --- 4 6 feet 15 'May be erected to a heig ht not excee ding 75 feet, provided t hat such buildings shall prov ide 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. See Section 3-16 for adjustment of front yard setbacks. 5-6 R-4 Multi-Family Residential The R-4 District is intended to provide residential areas of moderate to high density developments_~e-R-4 located adjacent to a major street and serves as a buffer or transition between commercial development, non-residential uses, or heavy automobile traffic and medium density residential development. 5-6.1 Principal Permitted Uses The following uses sleare permitted in the R-4 District: Dubuque, IA UDC Adopted 00/00/0000 68 Section II -Land Use Regulations Article 5 -Zoning Districts 1. Cemetery, mausoleum, or columbarium ~2 rat,,,,.^''°~, ^ ~*~ °~a ~, °~+°~~°~Place of religious exercise or assembly ~3. Multi-family dwelling (three to 12 units per buildings) €-4.Public or private park, golf course, or similar natural recreation area ~S.Public, private, or parochial school approved by ~°_.,n c*.,*° ,~~°ra „~ D„i,':^ 't~~ State of Iowa (K-12) ~;-6. Railroad or public or quasi-public utility, including substation 7. Single-family detached dwelling ~-:8. Townhouse (three to 12 units laterally attached) ~:9. "I'wo-family dwelling (duplex) T. 11VC 5-6.2 Conditional Uses The following conditional uses a~m~be permitted in the R-4 District, subject to the provisions of Section 8-Sc :u u.e tl:° 111~~-~ °~*~ f ~'~ °*~ ~ *° *~° ~~ ~ 1 , 1111I1~~ r~°n.-~ ~~f~ A ft:..r.4m°,~4 fir ., ..~t:4:.~,.n~ , .-,..:4. l~vul u crr ° ° 1. Licensed Adult Day Services €~:2. Bed and breakfast inn ~3. Group home ~. Hospice I~-S. Housing for the elderly or persons with disabilities I%6. ~~~~~ ~'^• ^nr°Licensed childcare center 6-7. Mortuary, funeral home, or crematorium ~8. Multi-family dwelling over 12 units ~9. Nursing or convalescent home X10. Off-premises residential garage Dubuque, IA UDC Adopted 00/00/0000 69 Section II -Land Use Regulations X11. Off-street parking 12. Rooming or boarding house 13. Wind conversion energy system 14. Tour home 15. Tourist home 5-6.3 Accessory Uses Article 5 -Zoning Districts The following uses Beare permitted as accessory uses as provided in Section 3-6: 1. Detached garage ~2. Fence ~-3.Garage sale) °~ ,.,.~,..,,, ° ~°'°° provided that not more than three such sales shall be allowed per premises per calendar year and not more than three consecutive days per sale ~-4. Home occupation ~5. Noncommercial garden, greenhouse or nursery ~+6. Off-street parking and storage of vehicles ~7. Satellite receiving dish ~:8. Solar collector ~9 n°„a:'<, m°<~°^"'° °"^~°~ort, recreation, or outdoor cooking equipment X10. Storage building X11. Tennis court, swimming pool or similar permanent facility P~12. Wind g~turbine (building-mounted). 5-6.4 Temporary Uses Dubuque, IA UDC Adopted 00/00/0000 70 Section II -Land Use Regulations Article 5 -Zoning Districts b , Temporary uses shall be regulated in conformance with the provisions of Section 3-18. 5-6.5 Parking Minimum parking requirements shall be regulated in conformance with the provisions of Article 14. 5-6.6 Signs Signs shall be regulated in conformance with the provisions of Article 15. 5-6.7 Bulk Regulations Permitted Uses Single-Family 5,000 50 40 Two-Family 5,000 50 40 Multi-Family (12 du __ max) 2,000/du 50 40 Townhouse (12 du max) 1,600/du 16/du 40 School, Place of Religious Exercise or Assembly 20,000 100 40 Conditional Uses Rooming and __ Boarding House 5,000 50 40 Group Home 5,000 50 40 Hospice 5,000 50 40 Licensed Childcare Center, Licensed Adult ', ', Daycare 5,000 50 40 20 50 4 20 30 __ 20 50 4 20 30 20 --- 3' 20 40 20 --- 3' 20 40 20 --- 20 20 40 2 20 --- 3' 20 40 20 --- 3' 20 40 20 -_- 3 ~ 20 40 ,. 20 --- 3' ' 20 40 Bed and Breakfast Inn 5,000 50 40 20 50 4 ' 20 30 Nursing Home 20,000 100 40 20 --- 20 20 40 Housing, Elderl)r 20,000 100. 40 20 --- 20 20 40 Mortuary, Funeral Home 20,000 100 40 20 --- 20 20 40 Off-premise residential garage _-- ___ 10 20 --- 3 6 feet 15 'Plus one additional foot per floor above the second floor. z May be erected to a height not exceeding 75 feet, 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 maxi mum height limit of the district in which it is located. Dubuque, IA UDC Adopted 00/00/0000 71 Section II -Land Use Regulations 5-7 OR Office Residential Article 5 -Zoning Districts The OR District ' ,a a . ~a r° .,,;~ „ .,,,,..° °~ ^°.,,,,^.;~.i° °~r;^° , ° ~,~ ~,• ~, a :*., ~.,,,~*; rnm;,.. , ° ~ *~,° ° ;~*;.,n ~,,,;t* r;*.. ,a;~+,.;^* ~~,°ulu is intended to serve as a transition zone between commercial and single- and two-family residential areas ~ t-bepermittin~ adaptive reuse of existing building stock, which will normally be residential in character. Thise 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. Development standards remain flexible to allow conservation and reuse of existing buildings. This district shoulderall~} 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. 5-7.1 Principal Permitted Uses The following uses sbeare permitted in the OR District: El. '`T°~^°m'M°r^~°' ^'hArt gallery, museum or library ~:2. Artist studio ~..3.General office 4. Hospice ~5. Housing for the elderly or persons with disabilities 6-6. Medical office °- ~7. Mortuary or funeral home t-:8. Multi-family dwelling ~9. Nursing or convalescent home 10. Parking structure x-11. ~''~'~-^'^°~, ^° '°~+° ^~`' `~'^"""`°"'°°Place of religious exercise or religious assembly X12. Public, private, or parochial school approved by T^~=~^ c+^+° R°^"`' "~ n"''"^ T^~State of Iowa (K-12) X1-13. Railroad or public or quasi-public utility, including substation X14. School of private instruction Dubuque, IA UDC Adopted 00/00/0000 72 Section II -Land Use Regulations Article 5 -Zoning Districts X15. Single- or two-family dwelling unit within an existing structure only 16. Townhouse (two or more laterally attached units) 5-7.2 Conditional Uses The following conditional uses are permitted in the OR district, subject to the provisions of Section 8-5 .,~a ~ro 4ti.o .,,• ..4~ ~ „~; n4: `. r. 4„ 4L.o ~„ ,. u„ ,.a „~ Ulltl UlIJ Cl ll. lI IIl III IILiIIIZC-^ ~1. Licensed Adult Day Services ~2. Bed and breakfast inn 3_Group home ~4. Licensed childcare center ~5. Off-premises residential garage €6.Off-street parking 7. Photographic studio €8. Private club 9. Llespi~eRooming or boarding house 10. Tour home X11. Tourist home X12. Wind energy conversions sY tem 5-7.3 Accessory Uses The following uses shukl-beare permitted as accessory uses as provided in Section 3-6: ~1. Crematorium accessory to a mortuary or funeral home ~2. Detached garage ~3. Fence Dubuque, IA UDC Adopted 00/00/0000 73 Section II -Land Use Regulations Article 5 -Zoning Districts €4.Garage sale, °r ° °^'°° provided that not more than three such sales shall be allowed per premises per calendar year and not more than three consecutive days per sale ~5. Home occupation ~+6. Noncommercial garden, greenhouse or nursery 7_Off-street parking and storage of vehicles ~8. Satellite receiving dish ~-9. Solar collector X10. v°^a~'~~ .~^~~°^'''° °r^~°Sport, recreation, or outdoor cooking equipment X11. Storage building X12. Tennis court, swimming pool or similar permanent facility x-13. "~'~~~' °°„°r^*^r Wind turbine (building-mounted). 5-7.4 Temporary Uses Temporary uses shall be regulated in conformance with the provisions of Section 3-18. 5-7.5 Parking Minimum parking requirements shall be regulated in conformance with the provisions of Article 14. 5-7.6 Signs Signs shall be regulated in conformance with the provisions of Article 15. Dubuque, IA UDC Adopted 00/00/0000 74 Section II -Land Use Regulations 5-7.7 Bulk Regulations Permitted Uses Article 5 -Zoning Districts General Offices --- --- 50 20 --- 3 10 40 Medical Offices --- --- _ 50 20 --- 3 10 40 Single-Family --- --- --- _ --- --- --- --- Two-Family --- --- --- --- --- --- --- Multi-Family 1,200/du 50 _ 50 20 --- 3 ., 10 40 Townhouse . 1,200/du 16/du _ ..,, 50 20 --- 3 10 40 Nursing, Convalescent Home ' 10,000 100 _ _ 50 20 --- _ _. 3' 10 40 Hospice 5,000 50 50 20 --- 3 10 40 Housing, Elderly 10,000 --- --- --- --- 3' 10 40 Mortuary, Funeral Home _ --- --- 50 20 --- ' 3' 10 40 School, Place of _. Religious Exercise or ', Assembly 20,000 100 50 20 --- 3 10 ' 40 z __ All other permitted use --- --- 50 20 --- 3 10 40 Conditional Uses Group Home 5,000 50 50 --- --- 3 10 40 Bed and Breakfast Inn ! --- --- _ _ --- 20 --- --- --- ' --- Rooming and _ _ _ Boarding House . 5,000 50 50 20 --- ' 3 10 40 Private Club --- --- 50 20 -- 3 1 ~ 40 Barber, Beauty Shop - --- 50 20 --- 3 10 40 Licensed Childcare Center, Licensed Adult' Daycare Services 5 ,000 50 S0 20 --- 3 10 40 Off-premise residential , _ garage --- --- 50 20 --- 3 10 15 Photographic Studio --- --- 50 20 --- 3 10 40 'When abutting a resident ial district, a six foot side setback is required. z May be erected to a height not exceeding 75 feet, 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. 5-8 OS Office Service The OS District is intended to encourage and permit professional office uses in newly developing areas of the City, and is intended to be used as a transition. between commercial and residential area. T~; a° °'^ ~* °°*°a *^ *' a Dubuque, IA UDC Adopted 00/00/0000 75 Section II -Land Use Regulations Article 5 -Zoning Districts • , .. n4 n.,a :r.4 °„c.i4.• r~~°~finn a°:>o~^r~mant_ 5-8.1 Principal Permitted Uses The following uses sl~ll-~eare permitted in the OS District: ~1 n°r°^^^' °° °~Art ag llery, museum, or library ~2. Artist studio ~3. Barber or beauty shop ~4. Dental or medical lab ~S.General office ~:6. Medical office e~c~i-ni°~-lesrt~0~,~~~e~~ 7. Parking structure 8. Photographic studio 9. Place of religious exercise or assembly 10. Public private or parochial school approved by Iowa State Board of Public Instruction ~K_ 12) 6-11. v^~'~^°~'° ~~~~'~'~^~^~~°~'~ ^~~'~'~^ ~~4~'~4~Railroad or public or quasi-public utility,. including substation x+12. Residential use above the first floor only t-13. School of private instruction 5-8.2 Conditional Uses The following conditional uses may be permitted in the OS District, subject to the provisions of Section 8-5 a 4'' ° °~`~ ~ r ° r"^n4:^r 4cLr-cvih~c „'„" .,.....b R .gyn.-a ^~ A.a:,,c, 4.-.-. °r.4 ~ v ° r~~;4;^ri °1_iic° v~ .•v.~;t• xi. 1. Licensed Adult Day Services ~2. Fhb-areLicensed childcare center Dubuque, IA UDC Adopted 00/00/0000 76 Section II -Land Use Regulations ~3. Off-street parking E:-Private club ^. D^r'~~r~- ~-*°~~^*~~r°~Wind energy conversion s.. std 5-8.3 Accessory Uses Article 5 -Zoning Districts The following uses s#~-l~eare permitted as accessory uses as provided in Section 3-7: 1. Any use customarily incidental and subordinate to the principal use it serves ,~2. Wind turbine (building-mounted). 5-8.4 Temporary Uses ~ b °,] L... +l,° 1.,,:1,7:.,,. ,.+'+;,,:.,1 Temporary uses shall be regulated in conformance with the provisions of Section 3-18. 5-8.5 Parking Minimum parking requirements shall be regulated in conformance with the provisions of Article 14. 5-8.6 Signs Signs shall be regulated in conformance with the provisions of Article 15. Dubuque, IA UDC Adopted 00/00/0000 77 Section II -Land Use Regulations 5-8.7 Bulk Regulations Article 5 -Zoning Districts Permitted Uses All Permitted Uses --- ., --- _ ___ 20 --- --- --- ~ 75 Conditions! Uses center, adult day ~~' services 3,500 50 50 ! 20 --- --- --- --- AlI Other Conditional Uses --- --- --- 20 --- --- --- 75 'When abutting a residential or office-residential district, a 20 foot side setback is required. ,.,,., , z When abutting a residential or office-residential district, a 20 foot rear setback is required. 5-9 OC Office Commercial The OC District is intended to encourage and permit the establishment of commercial business uses in mixed use specialty areas. This district ~~ ~~+°~a°a *^will e~ nerally be located in areas which have developed, or are appropriate to develop, as limited retail districts. This district ~~ °'~° ~~*°~a°'' *^should also 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. 5-9.1 Principal Permitted Uses The following uses ',.are permitted in the OC District: ~1. ~`'~r°°~~°~°~°' °'~Art gallery, museum or library ~2. Artist studio 3_Bakery (retail only) E.4. Barber or beauty shop ~5. General office Medical office -6.Multi-family dwelling ~ ~*~ ~*'~~ ~+~ ~+r °'~ ^'~ 7. Parking structure Dubuque, IA UDC Adopted 00/00/0000 78 Section II -Land Use Regulations Article 5 -Zoning Districts ~-8. Photographic studio ~9 r~,,.,.^''°~ ^^ -°^*~ ^^a ,,,^-•^~*°r~°~Place of religious exercise or assembly ~+l 0. Retail sales and service t-1 1. School of private instruction X12. Single-family detached dwelling ~U. Two-family dwelling • ~~*~ • ~~*'~~^ ° ~*~~^ ~*~••^*~~~°~ °~'•~ X14. Any other specialty retail use of a similar nature and intensity, °~ a°*°rri•~•-~°~' -T• r° °ir ~.,, ' s' ° r.~ r G-rte --.m~r-c ~. ' b v cam ,.,-*;~„• , „ate i~„i°~i,.°.,.,,i~ ° -- -f~t. ~,.«..b ~ vcr~ ~~cnc~ricncarJ 5-9.2 Conditional Uses The following conditional uses smay be permitted in the O-C District subject to the provisions of Section 8-5: Dubuque, IA UDC Adopted 00/00/0000 79 Section II -Land Use Regulations ~l . Bar or tavern ~2. Bed and Breakfast inn 3. ~r°~~„ ~'^~~ ^^r°Licensed childcare center ~.4. Licensed Adult Day Services ~5. Off-street parking €6.Private club ~7. Restaurant ~' D^r'-~^~- °*r~~^*~~r°° Wind enemy conversions s 8. Tour home. 5-9.3 Accessory Uses Article 5 -Zoning Districts The following uses sleare permitted as accessory uses as provided in Section 3-7: ~l . Detached garage ~2. Fence ~.3.Garage sale1 °r ° °^'°° provided that not more than three such sales shall be allowed per premises per calendar year and not more than three consecutive days per sale ~=.4. Home occupation ~5. Noncommercial garden, greenhouse or nursery ~6. Off-street parking of vehicles ~-7. Satellite receiving dish ~8. Solar collector I~9 n°^a~'~~ ~'°•'°^'''° °r^'~°S~ort, recreation or outdoor cooking equipment X10. Storage building x:11. Tennis court, swimming pool or similar permanent facility X12. Wind ~r turbine (building-mounted). Dubuque, IA UDC Adopted 00/00/0000 80 Section II -Land Use Regulations Article 5 -Zoning Districts 5-9.4 Temporary Uses Temporary uses shall be regulated in conformance with the provisions of Section 3-18. 5-9.5 Parking Minimum parking requirements shall be regulated in conformance with the provisions of Article 14, except that a 25 percent reduction shall be allowed in the OC District for both permitted and conditional uses. 5-9.6 Signs Signs shall be regulated in conformance with the provisions of Article 15. 5-9.7 Bulk Regulations Permitted Uses '' Single-Family --- --- _ --- Two-Family --- --- --- Multi-Family 1,200/du --- 50 Place of Religious Exercise or Assembly ' 20,000 100 50 All Other Permitted Uses --- --- 50 Conditional Uses Bed and Breakfast Inn ' --- --- --- Off-Street Parking Lot . '_ _. 0 1 3 20 40 2 10 I 10 20 " 40 10 3' 20 40 Parking Structure --- ! --- --- 10 3 3 feet r 40 AlI Other Conditional Uses --- --- 50 10 ' 3' 20 40 'Plus one additional foot per floor above the second floor. z Places of religious exercise or assembly may be erected to a height not exceeding 75 feet, 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. Dubuque, IA UDC Adopted 00/00/0000 81 Section II -Land Use Regulations Article 5 -Zoning Districts 5-10 C-1 Neighborhood Commercial ^''^~°^*°r .,~a ~ ~*°~~r^ ~ ^~-*~~~~*~°~ ~ r °~+~ra°'^'°''^~~°~~^. The C-1 District is~et intended to be °~ °°r°~~°'''° a;~+,.;^+'~~~+ ~~°'''°* ~~ established on a very limited basis, to provide individual parcels for commercial and residential uses in older buildings in the City's established neighborhoods, while maintaining neighborhood character and fostering opportunities for affordable housing. T ^ ° ^'~''^~'~^^a ^ °' a;°*r~^*° ° ° ~~'~° 5-10.1 Principal Permitted Uses The following uses Beare permitted in the C-1 District. ~1. Bakery (retail only) ~2. Barber or beauty shop ~:3.Flower shop, garden store, or commercial greenhouse ~4. General office 6-5. Grocery or drug store (maximum 3,500 square feet) X1-6. Laundromat ~7. Multifamily dwelling (maximum six dwelling units) 8. Place of religious exercise or assembly ~-9. Railroad or public or quasi-public utility, including substation X10. Retail sales and service 1/. l 1. School of private instruction x-:12. Shoe repair tv-:13. Single-family detached dwelling s~ 14. Townhouse (maximum six dwelling units) x-15. Two-family dwelling (duplex) Dubuque, IA UDC Adopted 00/00/0000 82 Section II -Land Use Regulations o TZ,,. b ,L/^•.,t;.,,,°,-.. mot.,,-° c 'i'.,. . 1,,,L,L,., ~L,,,,-.~ T cam, ,.-*;.,~. ,. „ate /~^i°~/,.°„~^i\ 5-10.2 Conditional Uses Article 5 -Zoning Districts The following conditional uses ~may be permitted in the C-1 District, subject to the provisions of Section 8-5^r~' ^ ° *'~° r, ~*~ ~ r ^ „'~^^*~^~ *~~ *'~° '',,.,;,,,. ~: l . Gas station (not including service station) ~2. Indoor restaurant 3. Medical office 4. Licensed Adult Day Services 5. Licensed child care center ~6. Wind energy conversion system 5-10.3 Accessory Uses The following uses smay, be permitted as accessory uses as provided in Section 3-7: l_Any use customarily incidental and subordinate to the principal use it serves 2. Wind turbine (building-mounted). 5-10.4 Temporary Uses Temporary uses shall be regulated in conformance with the provisions of Section 3-18. Dubuque, IA UDC Adopted 00/00/0000 83 Section II -Land Use Regulations 5-10.5 Parking Article 5 -Zoning Districts Minimum parking requirements shall be regulated in conformance with the provisions of Article 14. 5-10.6 Signs Signs shall be regulated in conformance with the provisions of Article 15. 5-10.7 Bulk Regulations All Uses --- ! 10 ' ~ Minimum 20 feet for garages facing a street. When abutting a residential or office-residential district, a six foot side setback is required. When abutting a residential or office-residential district, a 20 foot rear setback is reauired. 5-10.8 Standards for Nonresidential Uses --- 30 The following standards shall apply to all nonresidential permitted and conditional uses in the C-1 District: A. The use shall be established in an existing structure that was designed for public, quasi- public, commercial, office, institutional, or industrial use. B. The structure was never converted to a residential use after the effective date of this section. C. The use shall be conducted entirely within the structure. D. There shall be no outdoor storage of equipment or materials on the property or adjacent public right-of--way. E. All vehicles in excess of two, used in conjunction with the use shall be stored within a building when they remain on the property overnight or during periods of nonuse, unless an alternate parking location is provided in a properly zoned area. Dubuque, IA UDC Adopted 00/00/0000 84 Section II -Land Use Regulations Article 5 -Zoning Districts °l°1 ~ ~~ e~iiuiiiui .+,- °1 n ~l: e ,L ;..L. ,. .,.-l, ° °l • 1 +' + . •,i . c i . . i ..,: ~. > > > > > 5-11 C-2 Neighborhood Shopping Center °~R'~"°r"°°a°. The C-2 District .:'rlr~'° °°r°~ ~~~~- ~~°°°ais intended 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. T~-~ -~ 5-11.1 Principal Permitted Uses The following uses sheare permitted in the C-2 District: ,, St,,, n-U~,e-rep a b c~ucuiv~-iti°-r'~rc°c-~ I . Appliance sales or service ~t 2. Artist studio t-3. Automated gas station 4. Bank. savings and loan, or credit union ~:5. Barber or beauty shop ~6. Furniture upholstery or repair ~7.Furniture or home furnishing sales ~8. Gas station ~-9. General office Dubuque, IA UDC Adopted 00/00/0000 85 Section II -Land Use Regulations e:10. Indoor restaurant ~l 1. Laundry, dry cleaner, or laundromat Medical office g13. Neighborhood shopping center X14. Personal services x-15. Photographic studio 16. Place of religious exercise or assembly Article 5 -Zoning Districts 17 Public or private park golf course, or similar natural recreation area 18. Railroad or public or quasi-public utility, including substation x:19. Residential use above the first floor only X20.. Retail sales and service X21. School of private instruction 5-11.2 Conditional Uses The following conditional uses ~ma~be permitted in the C-2 District, subject to the provisions of Section 8-5._ ~~~~~~. ' b ~ b ~ n R 1 .. ,] t„ „rl oar ~ „bc o' €1.Animal hospital or clinic ~:2. Carwash, self-service 3. T ~~~~~~~ .,a.,~* ~~~~~~~ Licensed Adult Day Services 6-4. Licensed childcare center r ~ t~,tva;,.,,~ „~~,.o Dubuque, IA UDC Adopted 00/00/0000 86 Section II -Land Use Regulations 5_Restaurant, drive-in or carryout 6. Wind energy conversions std 7. Passenger transfer facility ~8. Tattoo parlor 5-11.3 Accessory Uses Article 5 -Zoning Districts The following uses shafl-heare permitted as accessory uses as provided in Section 3-7: 1. Any use customarily incidental and subordinate to the principal use it serves ~:2. Wind turbine (building-mounted). 5-11.4 Temporary Uses up,Yrov~ Temporary uses shall be regulated in conformance with the provisions of Section 3-18. 5-11.5 Parking Minimum parking requirements shall be regulated in conformance with the provisions of Article 14. 5-11.6 Signs Signs shall be regulated in conformance with the provisions of Article 15. 5-11.7 Bulk Regulations All Uses ' --- ; -- --- t 10 ' --- --- --- ~ 30 ~ Minimum 20 feet for garages facing a street. z When abutting a residential oroffice-residential district, a 20 foot side setback is required. 3 When abutting a residential or office-residential district, a 20 foot rear setback is required. Dubuque, IA UDC Adopted 00/00/0000 87 Section II -Land Use Regulations Article 5 -Zoning Districts 5-12 C-2A Mixed Use Neighborhood The C-2A District is intended to provide locations for small mixed use and commercial developments that are separated by at least one-quarter mile, and contain less than two acres in total developed area that serve one or more neighborhoods. The C-2A District is intended to be compatible with and serve surrounding residential areas by providing the goods and services for daily living. The C-2A District is intended reduce the need for vehicular trips and provide apedestrian-friendly walkable development. 5-12.1 Principal Permitted Uses The following uses are permitted in the C-2A District: 1. Bank, savings and loan, or credit union 2. Barber or beautYshop 3. General office 4. Grocery store (less than 30,000 sf1 5. Indoor restaurant (less than 100 seats) 6. Laundromat 7. Personal services 8. Place of religious exercise or assembly 9. Railroad or public or quasi-public utility, including substation 10. Residential use located entirelyabove the first floor only 11. Retail sales and service (less than 3,500 sf per business) 12. School of private instruction 5-12.2 Conditional Uses The following_conditional uses may be permitted in the C-2A District, subiect to the provisions of Section 8-5: 1. Animal hospital or clinic T ~^°^~°a ^a~~'* a^~~^^r° Licensed Adult Day Services 2. Licensed childcare center 3. Pet daycare or grooming Dubuque, IA UDC Adopted 00/00/0000 88 Section II -Land Use Regulations 4. Wind enemy conversion systems 5-12.3 Accessory Uses Article 5 -Zoning Districts The following uses are permitted as accessory uses as provided in Section 3-7: 1. Any use customarily incidental and subordinate to the principal use it serves 2. Wind turbine (building-mountedZ 5-12.4 Temporary Uses Temporary uses shall be regulated in conformance with the provisions of Section 3-18. 5-12.5 Parkin Minimum parking requirements shall be regulated in conformance with the provisions of Article 14. 5-12.6 Sims Signs shall be regulated in conformance with the provisions of Article 15. 5-12.7 Bulk Regulations All Uses ~ --- ~~ --- ~ --- ~ 10 ' --- ~~ --- --- ~ 30 'Minimum 20 feet for garages facing a street. 2 When abutting a residential or office-residential district, a 20 foot side setback is required. When abuttin a residential or office-residential district, a 2 s g 0 foot rear setback is required. 5-13 C-3 General Commercial The C-3 District is intended to provide locations for commercial uses which are designed to serve the motoring public or uses requiring highway or arterial locations ~ r *'~°~r -„~~* c~~s. 5-13.1 Principal Permitted Uses The following uses Beare permitted in the C-3 district: Dubuque, IA UDC Adopted 00/00/0000 89 Section II -Land Use Regulations Article 5 -Zoning Districts ~1.Agricultural supply sales ~2. Animal hospital or clinic ~3. Artist studio ~:4. Auditorium or assembly hall ~5. Bakery (wholesale/commercial) ~6. Bank, savings and loan, or credit union ~7.Bar or tavern ~8. Barber or beauty shop Dubuque, IA UDC Adopted 00/00/0000 90 Section II -Land Use Regulations Article 5 -Zoning Districts ~:9. Business services 10. Carwash, full service 11. Carwash, self service x€12. Construction supply sales or service ~-x:13. Contractor shop or yard x-14. Dental or medical lab ~1--~-15. Department store (60,000 square feet maximum) t-x-16. Farm implement sales or service X17. Furniture upholstery or repair l 8. Gas station 19. General office 20.~e~l~Grocery store X21. MatelHotel e~22. Indoor amusement e-enterarcade X23. Indoor recreation facility @E}:24. Indoor restaurant X25. Indoor theater X26. Laundry, dry cleaner, or Laundromat X27. Medical office er-e-Iini~ 28. Mini-warehouse x-29. Mobile or manufactured home sales or service X30. Mortuary or funeral home X31. Moving or storage facility x-32. Museum or library X33. Neighborhood shopping center Dubuque, IA UDC Adopted 00/00/0000 91 Section II -Land Use Regulations ~?34. Parking structure ~~35. Pet daycare or grooming X36. Photographic studio 37. Place of religious exercise or assembly C~3 8. Printing or publishing ~~39. Private club Article 5 -Zoning Districts O.Public or private park, golf course, or similar natural. recreation area €x.41. Railroad or public or quasi-public utility, including substation X42. Residential use above the first floor only X43. Restaurant, drive in or carryout t-x-:44. Retail sales and service x-:45. School of private instruction X46. Service station ~47.~te-Vehicle embody shop r~48. Vehicle sales/see or rental x:49. A~tta-Vehicle service c-extersor repair e9~50. Vending or game machine sales or service 51. Wholesale sales or distributor 52. Tattoo parlor X53. Tour home 5-13.2 Conditional Uses The following conditional uses ~may be permitted in the C-3 District, subject to the ....,_..., --a provisions of Section 8-5 ~ +'' °"+" ~ " " """'*-^" +^ ±'-=° ~~==="" ° ~~:~. 1. T ~ °a ~~~~'+ a~~•^°r°Licensed Adult Day Services ~2 ~'~^~~^ a^~~^°r°Licensed childcare center Dubuque, IA UDC Adopted 00/00/0000 92 Section II -Land Use Regulations Article 5 -Zoning Districts ~3. Outdoor recreation or outdoor amusement center r,.,~~r:^~ ~ r°~^~~~° r^^~'~*~°~ Wind energy conversion system 4. Passenger transfer facility 5-13.3 Accessory Uses The following uses slla~eare permitted as accessory uses as provided in Section 3-7: 1_Any use customarily incidental and subordinate to the principal use it serves. 2. Wind turbine (building-mounted). ~:3. Crematorium accessory to a mortuary or funeral home. 5-13.4 Temporary Uses ~'°{~„°~' ~^ ~^^*~^-' Q^~*'~~~ ~'^a°. Temporary uses shall be regulated in conformance with the provisions of Section 3-18. 5-13.5 Parking Minimum parking requirements shall be regulated in conformance with the provisions of Article 14. 5-13.6 Signs Signs shall be regulated in conformance with the provisions of Article 15. 5-13.7 Bulk Regulations Licensed Childcare Center, licensed adult day services 5,000 '. 50 50 20 --- --- --- ' 40 Vehicle Sales 20,000 --- --- 20 --- --- --- 40 v _ All Other Uses --- --- _ --- _ 20 --- --- --- 40` r _ .___ ~ When abutting a residential or office-residential district, a 20 foot side setback is required. . , _,. ,. 'When abutting a residential or office-residential district, a 20 foot rear setback is required. Dubuque, IA UDC Adopted 00/00/0000 93 Section II -Land Use Regulations Article 5 -Zoning Districts 5-14 C-4 Downtown Commercial The C-4 District is intended to ^^^^~~°''^'° provide locations in the el{le~Downtown commercial areas of the City ~p~gfor a large variety of uses *'~^* a°~~°'°„°~' b ° ~ e ~a~ '' '~~~"- °ra ^~a ~^r'-~~rt ~ nt°. The C-4 District is not intended to have ~` any application in undeveloped or newly developing areas of the City. The regulations for this district are desicned to encourage the maintenance of existing uses and the private reinvestment and redevelopment of new uses. 5-14.1 Principal Permitted Uses The following uses sl}atl~eare permitted in the C-4 District. ~.' n~ n 'qua i~. ~.rv ~1.Agricultural supply sales 6~2. Animal hospital or clinic ~:3. Appliance sales or service t-4 '`'^^^^mm°~^~^' ^~Art gallery, museum, or library ~5. Artist studio ~6. Auditorium or assembly hall ~7.Automated gas station ~:8. Bakery (wholesale/commercial) ~-9. Banks, savings and loan, or credit union X10. Bar or tavern gl 1. Barber or beauty shop Dubuque, IA UDC Adopted 00/00/0000 94 Section II -Land Use Regulations @:12. Business services 13 . Catalog center X14. Construction supply sales or service 15. Contractor shop or yard t-x:16. Dental or medical lab X17. Department store~~n nnn ~ ° ~ °. ,,, x-18. Furniture upholstery or repair x-:19. Furniture or home furnishing sales X20. Gas station X21. General office Article 5 -Zoning Districts 22. Grocer sy tore ,x-23. Hotel X24. Housing for the elderly or persons with disabilities ~ yet is°~*~~°~a ..,;*~ «~ °~° ~ C-,~25. Indoor amusement center X26. Indoor recreation facility X27. Indoor restaurant €=~28. Indoor theater F,~29. Laundry, drycleaner, or laundromat x-30. Medical office ~e ~-E-31. Mortuary or funeral home X32. Neighborhood shopping center -~3 3 . Parking structure 34. Pet daycare or grooming ~-x-:35. Photographic studio 36•C#ta-~hes~, ce~en* , -' Place of religious exercise or assen~bly_ a Dubuque, IA UDC Adopted 00/00/0000 95 Section II -Land Use Regulations X1-37. Printing or publishing es:3 8. Private club Article 5 -Zoning Districts X39. Public, private or parochial school approved by the Iowa State Board of Public Instruction (K-12) @~40. Railroad or public or quasi-public utility, including substation 1:41. Residential use above the first floor only &x:42. Retail sales or service i-~-Y3. School of private instruction x-44. Service station x-45. Shoe repair X46. Supermarket X47. Tailor or alteration shop x-48. Upholstery shop x.49. Vending or game machine sales or service 50. Wholesale sales or distributor 51. Tattoo Parlor ~4r~52. Tour home r,r,n ~~,.,."~;,,r"i n,.t,,,,,i rrr ll~l-' nor°°4 v..,.-~„v~rr ~°4 • b 5-14.2 Conditional Uses The following conditional uses ~may be permitted in the C-4 District, subject to the provisions of Section 8-5 a +'~ °"+n ~ r " "''^"4i"" +° +hc ~""'"" Dubuque, IA UDC Adopted 00/00/0000 96 Section II -Land Use Regulations ~1.~°'r ° ° ^Carwash 2. i ~ °'' °~'~~'* ~'°~~°~r° Licensed Adult Day Services ~3. Licensed childcare center ~-4. Dt"~° ~ ~~*^~~^*°-"'°~'~ *°"°-Off-street parking ~5. Restaurant, drive-in or carryout ~-6. -Vehicles body shop ~7. A~rte-Vehicle sales/ser~e or rental 8. -Vehicle service ~sor repair 9. Vl'ind enemy conversion system X10. Yassen~er transfer facility 5-14.3 Accessory Uses Article 5 -Zoning Districts The following uses sl~1-1-Beare permitted as accessory uses as provided in Section 3-7: 1. Any use customarily incidental and subordinate to the principal use it serves 2. Wind turbine (building-mounted). ~3. Crematorium accessory to a mortuary or funeral home. 5-14.4 Temporary Uses T~-~-_ '~~s es~ha~-e~ee~s-t~e~a~s~,~~~1--;,.~~~ Temporary uses shall be regulated in conformance with the provisions of Section 3-18 5-14.5 Parking "~~ : , °~~^°~"'~^' ~°«~ Off=street arking is not required New -surface off-street Dubuque, IA UDC Adopted 00/00/0000 97 Section II -Land Use Regulations Article 5 -Zoning Districts parking lots are prohibited unless approved by the City Council. . Underground and above- rg ound parking~arages are allowed provided they are an integral part of a new or existing building. 5-14.6 Signs Signs shall be regulated in conformance with the provisions of Article 15. 5-14.7 Bulk Regulations Permitted Uses I Residential Above 1st Floor --- --- --- --- 75 Vehicle Sales 20,000 ___ ___ --- --_ -_ _-_ 75 All Other Permitted Uses --- --- --- --- 75 Conditional Uses Licensed child care center, adult day , services 3,500 50 50 --- --- --- 75 __ _ _. All Other Conditional Uses --- --- --- 10 --- --- 75 ~ When abutting a residential or office-residential district, a six foot side setback is required. 2 When abutting a residential oroffice-residential district, a 20 foot rear setback is required. 5-15 C-5 Central Business The C-5 district is intended to be-ap~iedprovide locations for a wide variety of uses. The district is intended to be applied to a very limited Downtown business core °~'' +'~° ~'~+~~'° ° .~ ...... .... ........ ». »b„... ... J 5-15.1 Principal Permitted Uses The following uses Beare permitted in the C-5 district. ~1. Appliance sales or service ~2'`T^^°^mm° °' °Art gallery, museum, or library Dubuque, IA UDC Adopted 00/00/0000 98 Section II -Land Use Regulations Article 5 -Zoning Districts ~3 . Artist studio ~:4. Auditorium or assembly hall ~-+5. Automated gas station ~:6. Bank, savings and loan, or credit union ~-7. Bar or tavern ~8. Barber or beauty shop ~9.Business services ] 0. Carryout restaurant (not including drive-in) ~-1 1. Catalog center 12. Convention center 13 . Dental or medical lab g 14. Department store x:15. Furniture or home furnishing sales 16. Gas station 17. General office x:18. Hotel X19. Housing for the elderly or persons with disabilities u~20. Indoor amusement center X21. Indoor recreation facility x-22. Indoor restaurant X23. Indoor theater ~.24. Laundry or dry cleaner X25. Medical office or clinic X26. Parking structure 27. Photographic studio Dubuque, IA UDC Adopted 00/00/0000 99 Section II -Land Use Regulations .e13:28. Places of religious exercise or assembly €1129. Printing or publishing 1€30. Private club Article 5 -Zoning Districts X6-31. Railroad or public or quasi-public utility, including substation ~-1+32. Regional shopping center X1-33. Residential use above the first floor only X34. Retail sales or service t41~35. School of private instruction X36. Service station ~-:37.Shoe repair 1-38. Sport arena e~39. Supermarket 40. Tailor or alteration shop X41. Tattoo parlor 5-15.2 Conditional Uses The following conditional uses ar~may be permitted in the C-5 district, subject to the -R1~~CiIV~I~T G71TG71-CJ-Z n K...,.. ~., .i.., ~.,... provisions of Section 8-5 a +" ~ +" ~pP''^°+'^" 4" `"° ~""'"b ° LL• 1. T ~ °a ^~'~~'' ~'^~~^^r°Licensed Adult Day Services 2. ~ Licensed childcare center 3. Wind energy conversion system ~4. Passenger transfer facility 5-15.3 Accessory Uses The following uses shall~eare permitted as accessory uses as provided in Section 3-7: ~1. Any use customarily incidental and subordinate to the principal use it serves. Dubuque, IA UDC Adopted 00/00/0000 100 Section II -Land Use Regulations Article 5 -Zoning Districts 5-15.4 Temporary Uses The following uses smay be permitted as temporary uses in the C-5 district in conformance with the provisions of Section 3-18: ~-1. Any use listed as a permitted use within the district °F°'~-„~*°'' a.,,.°*~°~ °~ 2_Temporary surface parking lot may be allowed as part of a construction or redevelopment project ~3. Wind turbine (building-mounted). 5-15.5 Parking b "--*~°'~ ' ^ °~°°~* *'~°* ~°~~r Off street parking is not required. New surface off-street parking lots are prohibited unless approved by the City Council. Underground and above-ground parking garages are allowed provided they are an integral part of a new or existing building. 5-15.6 Signs Signs shall be regulated in conformance with the provisions of Article 15. 5-16 CS Commercial Service and Wholesale The CS district is intended to provide yeas-locations for a variety of business services, office uses, limited 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. ~>,°,,;.,~ ~,,,~:~ ~~,,,>> ,,° ~~°„°a ° °~°,..;°~ °~.,,.°.,~ ~„ ,~° ,. „~°,a r~ {JrJ~~.I UI {.: I-IIFJI ICTJC °'°~°~~~°*~°~. It is intended that the CS district is one that provides a transitional zone that can be used between industrial and commercial uses and in cases where topography establishes a transitional area due to physical limitations between industrial and higher density residential development. 5-16.1 Principal Permitted Uses The following uses Beare permitted in the CS District: Dubuque, IA UDC Adopted 00/00/0000 101 5-15.7 Bulk Regulations Section II -Land Use Regulations ~1_Agricultural supply sales ~2. Animal hospital or clinic ~3.Appliance sales or service ~4. Auto part sales or supply w:5. Business services ~6. Construction supply sales or service ~7. Contractor shop or yard g8. Farm implement sales or service ~9. Freight transfer facility X10. Fuel or ice dealer ~~a w. ~~~ ~*.,..;r,. X11. Furniture upholstery or repair X12. Furniture or home furnishing sales u:13. General office v~ 14. Kennel Article 5 -Zoning Districts X15. Landscaping services (not including retail sales as primary use) X16. Lumberyard or building material sales X17. Mail order house Dubuque, IA UDC Adopted 00/00/0000 102 Section II -Land Use Regulations ,~18. ""°~'~°^' °r ~'°^+^"^'~ Dental or medical lab 19. Mini warehousing c~20. Moving or storage facility X21. Off street parking lot €€22. Office supply 23. Pet daycare or grooming €~24. Printing or publishing 25. Processing or assembly 26. Passenger transfer facility Article 5 -Zoning Districts 0627. Resource recovery/recycling center (indoor only) X28. Railroad or public or quasi-public utility, including substation t--29. Refrigeration equipment sales or service x:30. Upholstery shop X31. eta-Vehicle r-epai-rEbody shop X32. rte-Vehicle sales/ser~e or rental ~4-33.A~rt~Vehicle service e~tersor repair X34. Vending or game machine sales or service e~35. Wholesale sales or distributor 5-16.2 Conditional Uses The following conditional uses ~e-may be permitted in the CS district, subject to the provisions of Section 8-5 °~a ° +'~° m ~*~ ~ ~~' °+' +~ ~ .. u~ 1. Licensed Adult Day Services 2. Licensed child care center 3_°~~Wind energy conversions sum. Dubuque, IA UDC Adopted 00/00/0000 103 Section II -Land Use Regulations Article 5 -Zoning Districts 5-16.3 Accessory Uses The following uses Beare permitted as accessory uses as provided in Section 3-7: 1_Any use customarily incidental and subordinate to the principal use it serves. 2. Wind energy turbine (building-mountedZ 5-16.4 Temporary Uses The following uses shall be permitted as temporary uses in the CS district in conformance with the provisions of Section 3-18: ~1. ~°~°~°°~'Any use listed as a permitted use within the district. ~~~~ 5-16.5 Parking Minimum parking requirements shall be regulated in conformance with the provisions of Article 14. 5-16.6 Signs Signs shall be regulated in conformance with the provisions of Article 15. 5-16.7 Bulk Regulations Vehicle Sales 20,000 --- --- 20 --- --- --- 40 All Other Uses --- _ - --- - ___ " 20 --- --- --- 40 'When abutting a residential oroffice-residential district, a 20 foot side setback is required. z When abuttino a residential or office-residential district, a 20 foot rear setback is required. 5-17 CR Commercial Recreation The CR district is intended to provide for commercial recreation facilities, together with their supporting uses, which generally require large tracts of land and/or generate substantial volumes of traffic. 5-17.1 Principal Permitted Uses The following uses Beare permitted in the CR district: Dubuque, IA UDC Adopted 00/00/0000 104 Section II -Land Use Regulations > > t-l_'~'^~"^-„-„°r"~"' "Art gallery, museum or library ~-2. Athletic field, stadium or sport arena ~3. Auditorium or assembly hall .Bowling alley ~-5. Campground or recreational vehicle park ~6. Carwash, self-service e:7. Convention center Article 5 -Zoning Districts ~8. Dog and horse racing-mss; or track operation @:9. Excursion boat or boat services x:10. esGamblin ~ facility licensed by the State of Iowa 11. Health, sport, recreation or athletic club or organization 12. Hotel x-:13. Indoor amusement center u 14. Indoor recreation facility -v~:-15. Indoor restaurant x-16. Indoor theater 17. Laundry, dry cleaner or laundromat X18• ~°""°"''^""' ` '~~'' ' ~' Marine vehicle bodYshop X19. R ' a Marine vehicle sales or rental X20• ~^+^r""^'° "' '' Marine vehicle service or repair X21. Off street parking lot Dubuque, IA UDC Adopted 00/00/0000 105 Section II -Land Use Regulations ~se:22. Outdoor recreation 23. Parking structure €~€24. Passenger transfer facility 25 Place of religious exercise or assembly €~26. Pleasure craft harbor C-X6-27. Private club Article 5 -Zoning Districts ~-x-:28. Public or private park, golf course, or similar natural recreation area t+:29. Railroad or public or quasi-public utility, including substation 30. Retail sales and service 31. Tour home 5-17.2 Conditional Uses The following conditional uses ~e-may be permitted in the CR district, subject to the provisions of Section 8-5 -a ''' °"+" ~ " n""l'° '~ = to +''° ~°"'"" 1 ._ ^ ^ ~~*„ri,,,*°a R°~ ~*~*~o.~ Licensed Adult Day Services tel. Licensed child care center 2. Wind energy conversion system ~3. Bar or tavern 4. Drive-tom automated bank teller ~5. Gas station €6.Restaurant, drive-in or carryout 5-17.3 Accessory Uses The following uses skol-l-beare permitted as accessory uses as provided in Section 3-7: 1_Any use customarily incidental and subordinate to the principal use it serves. 2. Wind turbine (building-mounted). Dubuque, IA UDC Adopted 00/00/0000 106 Section II -Land Use Regulations Article 5 -Zoning Districts 5-17.4 Temporary Uses The following uses shall be permitted as temporary uses in the CR district in conformance with the provisions of Section 3-18: 1. ~~Any use listed as a permitted use within the district. 5-17.5 Parking Minimum parking requirements shall be regulated in conformance with the provisions of Article 14. 5-17.6 Signs Signs shall be regulated in conformance with the provisions of Article 15. 5-17.7 Bulk Regulations BarlTavern --- ', --- --- 20 --- --- --- 40 Gas Station --- --- --- 20 __ --- --- 40 Drive Thru/Carryout - __ Restaurant --- --- --- 20 --- --- --- 40 All Other Uses --- --- _ --- 20 --- --- --- 100 'When abutting a residential oroffice-residential district, a 20 foot side setback is required. 2 When abutting a residential oroffice-residential district, a 20 foot rear setback is required. 5-18 LI Light Industrial The LI district is intended to provide locations for a variety of uses associated primarily in the conduct of light manufacturing, assembling and fabrication, warehousing, wholesaling and commercial service operations that require adequate accessibility to transportation facilities. The district is also intended to provide locations for a limited amount of commercial development that will serve employees of surrounding industrial uses.d~ t 5-18.1 Principal Permitted Uses The following uses sl~ll-heare permitted in the LI district: Dubuque, IA UDC Adopted 00/00/0000 107 Section II -Land Use Regulations Article 5 -Zoning Districts • b> > > • > > • > > ~S > ~-1_Agricultural supply sales ~2. Animal hospital or clinic ~:3.Auto part sales X1-4. Automated gas station 1~5. Bakery (wholesale/commercial) ~6. Bank, savings and loan, or credit union 1~7.Bar or tavern @:8. Business services ~9. Carwash, full service x:10. Carwash, self service X11. Cold storage or locker plant X12. Construction supply sales or service X13. Contractors shop or yard X14. Drive up automated bank teller X15. Farm implement sales, service or repair X16. Freight transfer facility 17. Fuel or ice dealer ~-.18. Furniture upholstery or repair Dubuque, IA UDC Adopted 00/00/0000 108 Section II -Land Use Regulations 19. Gas station X20. General office ~-e:21. Grocery store x€22. Indoor recreation facility x€:23. Indoor restaurant 24. Kennel X25. Laboratory for research or engineering +x-26. Lumberyard or building materials sales t+27. Mail order house Article 5 -Zoning Districts ~-x:28. ~''~...::~:tu.° ,,.,. ,.,,.,a: ° ,,.,t,i. ,.+~ „*,,, ,,. „+.,,-~:^i° „a. ^~~ • ; S~EIi}PS A~e~r'N66d,~~tC~,-~3°,-cz-'r°c-c~r~cr''re~l3e~,-g`1-&S~r'rcc^ir~~ ~•~ "L. °* ~„1~ > > > b L~ '~~`^ ^' ^*~ Manufacturing, secondary X29. ~~°~'~^^' ^~ ~'°r*°"°~ Dental or medical lab 30. Mini-warehousing X31. Mobile home sales x:32. Moving or storage facility ,.,x,.33. Off street parking lot 34. Outdoor recreation facility 3 ~ . Parking structure c~36. Passenger transfer facility 37. Pet daycare or grooming X38. Printing or publishing a ua.i E}g39. °^^'~~~b °~'' ~~~^°~~~~~-Processing=packaging, or storing-e€meat, dairy or food products, but note includei~ slaughterhouses or stockyards X40. Railroad or public or quasi-public utility, including substation Dubuque, IA UDC Adopted 00/00/0000 109 Section II -Land Use Regulations X41. Restaurant, drive in or carryout -1--~t2. Service station 43. Tool, die, or pattern making 44. Resource recovery/reeling center (indoor only t1-t~-:45. Upholstery shop X46. mute-Vehicle embody shop X47. Vehicle sales ^or rental ~A~`F8. Vehicle service e~tersor repair X49. Vending or game machine sales or service ~?50. Warehousing or storage facility 51. Welding services X4:52. Wholesale sales or distributor 5-18.2 Conditional Uses Article 5 -Zoning Districts The following conditional uses ~e-may be permitted in the LI district, subject to the provisions of Section 8-5 '' *'~ "+° ~ " ^ ""^^k""''° `'~° ~""'"" 1_Licensed Adult Day Services 2. ~ Licensed childcare center ~:3. Wind energy conversion systems 5-18.3 Accessory Uses The following uses s~hall~eare permitted as accessory uses as provided in Section 3-7: 1. Any use customarily incidental and subordinate to the principal use it serves. ~2. Wind turbine (building-mounted). 5-18.4 Temporary Uses The following uses smay be permitted as temporary uses in the LI district in conformance with the provisions of Section 3-18: ~1 R^*°'' „'^~*~ ~^~^''^'* ^r ^^„^~°* Any use listed as a~ermitted use within the district. Dubuque, IA UDC Adopted 00/00/0000 110 Section II -Land Use Regulations 5-18.5 Parking Article 5 -Zoning Districts Minimum parking requirements shall be regulated in conformance with the provisions of Article 14. 5-18.6 Signs Signs shall be regulated in conformance with the provisions of Article 15. 5-18.7 Bulk Regulations Vehicle Sales 20,000 --- --- --- --- --- --- 50 All Other Uses --- --- --- --- --- --- --- 50 'When abutting a residential or office-residential district, a 20 foot side setback is required. z When abutting a residential or office-residential district, a 20 foot rear setback is reauired. 5-19 HI Heavy Industrial The HI Heavy Industrial District is intended to providez~~e locations for-N~ese industrial uses which by their nature-~enEl-te generate levels of smoke, dust, noise,-er odors, or other visual impacts that render them incompatible with virtually all other land uses.~e -- --- ------------ --------- ------ ------- ` b b n. The district is also intended to provide locations for a limited amount of commercial development that will serve employees of surrounding industrial uses. 5-19.1 Principal Permitted Uses The following uses shall-l~eare permitted in the HI district: n Do .,1 rr. r~ T,-„~I,. ~.,lo~ .,.a ,- 0 0 Dubuque, IA UDC Adopted 00/00/0000 111 Section II -Land Use Regulations Article 5 -Zoning Districts ~,.,w,v,,.,~,,o „ ~,,,~;..o ,,.,,,+o,.;,,~~ > , o ~ e ^svr . ; ~1. Agricultural supply sales ~2.Animal hospital or clinic ~3. Auto part sales ~4. Automated gas station ~5. Bakery (wholesale/commercial) ~6.Bank, savings and loan, or credit union ~7. Bar or tavern ~8. Business services ~9. Carwash, full-service 10. Carwash, self-service x-:11. Cold storage or locker plant X12. Construction supply sales and service X13. Contractors shop or yard X14. Convenience store X15. Crematorium, reduction plant, foundry, forge or smelter X16. Drive-up automated bank teller X17. Farm implement sales, service or repair X18. Freight transfer facility Dubuque, IA UDC Adopted 00/00/0000 112 Section II -Land Use Regulations 19. Fuel or ice dealer X20. Furniture upholstery or repair €-€21. General office x€:22. Grain or barge terminal c~23. Indoor recreation facility ,~.24. Indoor restaurant ~--25. Junkyard or salvage yard 26. Kennel X27. Laboratory for research or engineering ~2b. Lumberyard or building material sales X29. Mail order house Article 5 -Zoning Districts X30. , f„11,,,,.;Y,,. ~„1,~+^„ ^i„+t,;.,,. ,,..+°„+;1°~..-„tit,°... ~ ~+,.n^^ „ 1 VI1V YV IIIS JIAVJIUIILL J. L , , ° ° ° €e~t-he~.T-~r~ce~Manufacturing=primary c~r~S~6~b~6~~6e-eSfii~AC~6rro~~~~i~ija=cccc~ oi-rrrurcTi~arr no+,-~,l°,,,ti, .. ,,,a.,,,+~ „ fl.,,ti,,,-.,,L.1° 1:,,,,;~• ^ ,.l,.,lr „ ,-°+° ,, ~.rl,,,,+~. ° ,~1„~: rL~, vaL VIII Yrvu uLlJ yr uia~ IIUII nlicti vL , ° ) ) ) ,,,-1,.,.+~ ..1,,.1;.,x. „ °+;,,~ +~,:1°+.-;°~ .-,.•1 ~ .,.1 ~+,,..° ., .,.1,,..~.. ,.1,,.7:.,,. 1, L ~'.vua.wl , .aLauuulb vv~i i~.~IL O, ccrizLr , ^ "~ ) 13tri-lc~ing~t ^^a ^ m~'^r .,, ^*°r~^'^Manufacturing, secondary X32 ~~'°a~^^' °~ a°^*^"^'- Dental or medical lab 33. Mini-warehousing X3-1. Mobile home sales @g:3 5. Moving or storage facility X36. Off street parking lot 37. ~~Packaging_ processing, or storing:-e€meat, dairy or food products ,.1„a° X1.,,,,.1,+°,->,,,,,~.°~ ,. ~+„..1,..^,.,~~ ..~L,uuL Jluubrlc &~38. Passenger transfer facility 39. Parking structure Dubuque, IA UDC Adopted 00/00/0000 113 Section II -Land Use Regulations Article 5 -Zoning Districts x=.40. Resource recovery/rec~g center (outdoor/indoor 41. Pet daycare or grooming ~-[x-42. Printing or publishing X43. Railroad or public or quasi-public utility, including substation X44. Restaurant, drive in or carryout X45. Sanitary landfill x46. Service station x.47. Sewage treatment plant X48. Slaughterhouse or stockyard 49. Tool, die, or pattern making X50. Upholstery shop C-E~51. ~eVehicle embody shop ~eB~52. At~teVehicle sales or ser~a~esrental €~53.A~eVehicle service eer~ersand repair r~54. Vending or game machine sales or service X55. Warehousing, packaging, distribution or storage facility 56. Welding services 157. Wholesale sales or distributor 5-19.2 Conditional Uses The following conditional uses a~may be permitted in the HI district, subject to the provisions of Section 8-5 a ''' °~*~ ~ ~ ^ r"^.,t;„r +^ th° ~„~'.,~ ..~,,..b i2,,,,,-,a „~ A rl:,,~t,v,°„t ~ r ~ ,,rliti.,~+~1 ,-„,:t• " ~~eriiii~. 1 ~ Licensed Adult Day Services ~2. Licensed childcare center ~3. Residential use 4. Retail sales and service ~5. Wind energy conversion system Dubuque, IA UDC Adopted 00/00/0000 114 Section II -Land Use Regulations 5-19.3 Accessory Uses Article 5 -Zoning Districts The following uses shall-heare permitted as accessory uses as provided in Section 3-7: 1. Any use customarily incidental and subordinate to the principal use it serves. ~2. Wind turbine (buildinc-mounted). 5-19.4 Temporary Uses The following uses may be permitted as temporary uses in the HI district in conformance with the provisions of Section 3-18: tel. Anv use listed as a permitted use within the district v°~°r~~°a ~ r ~~*~~r° ~~~ . 5-19.5 Parking Minimum parking requirements shall be regulated in conformance with the provisions of Article 14. 5-19.6 Signs Signs shall be regulated in conformance with the provisions of Article 15. 5-19.7 Bulk Regulations Vehicle Sales 20,000 " --- ~ --- --- --- '' --- ~ --- 50 All Other Uses _--- _ --- --- -__ --- --- --- 50 'When abutting a residential oroffice-residential district, a 20 foot side setback is required. z When abutting a residential oroffice-residential district, a 20 foot rear setback is reouired. 5-20 MHI Modified Heavy Industrial The MHI Modified Heavy Industrial District is intended to providezq~~e 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 ~esethe most intense industrial uses which1 by their nature,-fie generate levels of smoke, dust, noise_-er odors, or mother visual impacts that render them incompatible with virtually all other land uses. This district is also intended to provide locations for a limited amount of commercial development that will serve employees of surrounding industrial uses ~^~ *'~~~ r°°~^^ *~ b b ~° ..°. i-~ f~7'iTi ~r7'i[-irJ-'PT~ Oz2'R'c C~i-R7't-+[T~c1~'t p' [~ 5-20.1 Principal Permitted Uses The following uses sl~ll~eare permitted in the MHI district: Dubuque, IA UDC Adopted 00/00/0000 1 I S Section II -Land Use Regulations oT 1 1 +~a ro Article 5 -Zoning Districts ~ f` -- - -.a~ .a 1~ ~ i- -- 1 - rl • L, + * . ..l,,,a: .. 1,;x.1,1. , ~ ~ ~ e > > > ~ , ~1_Agricultural supply sales ~2. Animal hospital or clinic ~:3.Auto part supply ~-:4. Automated gas station ~5. Bakery (wholesale/commercial) ~6. Bank, savings and loan, or credit union ~7.Bar or tavern g8. Business services ~9. Carwash, full service X10. Carwash, self-service x:11. Cold storage or locker plant X12. Construction supply sales or service X13. Contractors shop or yard X14. Convenience store Dubuque, IA UDC Adopted 00/00/0000 116 Section II -Land Use Regulations 15. Drive-up automated bank teller 16. Farm implement sales, service or repair X17. Freight transfer facility ~.18. Fuel or ice dealer ~-~19. Furniture upholstery or repair C~20. General office X21. Indoor recreation facility €~22. Indoor restaurant 23. Kennel €~24. Laboratory for research or engineering x:25. Lumberyard or building material sales ~-x-26. Mail order house Article 5 -Zoning Districts X27. , , b > > i~3P{~-15; b~L~O~~S~E~3t~e~~~five~'; glir."~~~ L,., ,-~ . •,; ^hcct-i~~cmi~ E6iiGF~e; fermi °~~cce~Manufacturingiprimary X28. , bt~i-lg~~e~° ^^~' ^ m~'^r ~ ^*°r~^'~Manufacturing, secondary n,~r. ""°a~^^' ~~'°~*^"^'~ Dental or medical lab 29. Mini-warehousing X30. Mobile home sales X31. Moving or storage facility 1~32.Off street parking lot e~33. Passenger transfer facility 34. Parking structure Dubuque, IA UDC Adopted 00/00/0000 117 Section II -Land Use Regulations 35. Pet daycare or grooming X36. Printing or publishing Article 5 -Zoning Districts @@-37 n°^'~~^^ ^^a ^r^^°~°~^^Processin~, packaging, or storing$f meat, dairy or food products, but not-te includeing slaughterhouse or stockyard R~38. Railroad or public or quasi-public utility, including substation &~39. Resource recover /~ recycling center (indoor only) i-~-~FO. Restaurant, drive-in or carryout X41. Service station 42. Tool, die, or pattern making v~43. Upholstery shop u~44. ~eVehicle embody shop ~ctc~`F5. A~eVehiele sales or ~esrental x46. ~ttte-Vehicle service eentersor repair x.47. Vending or game machine sales or service ~A~:48. Warehousing, packaging, distribution, or storage facility 49. Welding services X50. Wholesale sales or distributor 5-20.2 Conditional Uses The following conditional uses ~m_ ay be permitted in the MHI district, subject to the provisions of Section 8-5•°~a ° ° +'~° ,,, r+~ ~ r ° ~'~°°+~^r +^ +''° ''^n~ • b 1. Grain or barge terminal 2. Licensed Adult Day Services 3. Licensed childcare center 4. Wind ener~y conversion system 5. 5-20.3 Accessory Uses The following uses shall be permitted as accessory uses as provided in Section 3-7: Dubuque, IA UDC Adopted 00/00/0000 118 Section II -Land Use Regulations Article 5 -Zoning Districts 1. Any use customarily incidental and subordinate to the principal use it serves. ~2. Wind turbine (building-mountedZ 5-20.4 Temporary Uses The following uses shall be permitted as temporary uses in the MHI district in conformance with the provisions of Section 3-18: ~-:1 • Any use listed as a permitted use within the district. 5-20.5 Parking Minimum parking requirements shall be regulated in conformance with the provisions of Article 14. 5-20.6 Signs Signs shall be regulated in conformance with the provisions of Article 15. 5-20.7 Bulk Regulations Vehicle Sales 20,000 --- ' 50 All Other Uses _ --- --- --- --- --- --- --- 50 When abutting a residential or office-residential district, a 20 foot side setback is required. .. __ When abutting a residential or office-residential district, a 20 foot rear setback is required. 5-21 AG Agriculture The AG Agriculture District is intended to conserve farm land 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. , 5-21.1 Prohibited Uses The following uses are prohibited in the AG district: A. Feedlot B. Livestock confinement operation Dubuque, IA UDC Adopted 00/00/0000 119 Section II -Land Use Regulations Article 5 -Zoning Districts 5-21.2 Principal Permitted Uses The following uses shill-~eare permitted in the AG district: ~1. Agriculture, including the raising of field crops and livestock, horticulture, forestry, animal husbandry, and similar farming activities ~2. Noncommercial nursery ~3. Railroad or public or quasi-public utility, including substation ~. 5-21.3 Conditional Uses °°~°M~°aThe following conditional uses may be permitted in the AG district, subiect ~~~~~ to the provisions of Section 8-5: ~1. Kennel 2. Retail sale of agricultural products 3. Winery 4. Wind energy conversion system 5-21.4 Accessory Uses The following uses s~al~lmay be permitted as accessory uses as provided in Section 3-7: ~1. Barbed wire or electric fences when used for livestock containment ~2. Barn, shed or similar structure ~3. Seasonal sale of produce grown on site 4. Single-family detached dwelling, provided it is located on a lot of 10 acres or more and is incidental and subordinate to an active agricultural use it serves ~5. Wind turbine (building-mounted). 5-21.5 Temporary Uses p~ Temporary uses shall be regulated in conformance with the provisions of Section 3-18. 5-21.6 Bulk Regulations Reserved Dubuque, IA UDC Adopted 00/00/0000 120 Section II -Land Use Regulations Article 5 -Zoning Districts 5-21.7 Parking R Minimum parking requirements shall be regulated in conformance with the provisions of Article 14. 5-21.8 Signs ~~ Signs shall be regulated in conformance with the provisions of Article 15. 5-22 ID Institutional 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. The ID Institutional District is intended to address the particular problems and characteristics of Dubuque's many institutional facilities. It is the intent of this Code that this district shall only be applied to facilities possessing the characteristics of an institutional use set forth in this section. It is further the intent of this Code that, because of the very substantial impact institutional uses may have upon the surrounding community, no expansion of an existing ID 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. 5-22.1 Principal Permitted Uses The following uses are permitted in the ID district, subject to the limitations found in this Section: ~l . Business and secretarial school ~2. Classroom, laboratory, lecture hall, auditorium or similar place of institutional assembly ~3. College or university €-4.Existing private use or structure ~-~*~~~*°~' «~~*'~~~ °~ T T~ ~~~*r~°* for which the R-3 district standards shall apply Dubuque, IA UDC Adopted 00/00/0000 121 Section II -Land Use Regulations ~5. Farm, garden, nursery or greenhouse 6~6. Hospital ~7. Library or museum Article 5 -Zoning Districts ~8. . petted-trse~l• te~~v~-+,, r^>>° • ~aa•+• ~ • ~ ~ ~,,,ii ~,° Y°,-.,,;.+°u ~. *'~~~ ~°°*~°r ~" Medical facility and operation 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' clinic, drugstore, or other medical facility not owned or operated by the principal institution, but only where such facility is functionally related to the institution and is included within the original institutional district boundary or the approved preliminary development plan. 3~9. Nursing or convalescent home for institutional residents or affiliates X10. Office for administrative personnel or other institutional employees or affiliates X11. Outpatient care facility tw-12. Place of religious worship or exercise X7-13. Recreational or athletic facility for the primary use and benefit of institutional residents or affiliates X14. Residential care facility 7?.15. Seminary g16. Single-, two-, or multiple-family dwelling to house institutional residents or affiliates X17. Vocational school ~5-22.2 Conditional Use 1. Wind energy conversions s 5-22.3 Accessory Uses The following uses sl~ll-may be permitted as accessory uses as provided in Section 3-7: ~-1. All other uses customarily incidental to the principal permitted use in conjunction with which such accessory use is operated or maintained, but not to include commercial uses outside a principal building Dubuque, IA UDC Adopted 00/00/0000 122 Section II -Land Use Regulations Article 5 -Zoning Districts ~2. As an accessory use to a medical institution, and located entirely within a principal building, a facility 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 orhealth-related supplies ~:3. As an accessory use to an educational institution and located entirely within a principal building, bookstore, or bar seating not more than 75 persons at one time and located not closer than 200 feet from the nearest residential or office-residential district 4 ~=r~»~r a~~r°~r° ° „*°rLicensed Adult Day Services ~5. Licensed child care center 6. Uft=street harking and loading 7. Restaurant or cafeteria; flower shop; gift shop; and candy, cigar, or magazine stand; but only when operated and located entirely within a principal building t.B.Wind turbine (building-mountedZ 5-22.3 Procedures for District Establishment=-a~ Expansion, and Modification A. Application and Conceptual Development Plan Submission: Application for district establishment1~ expansion, or modification of new or existing structures within an established I-D district shall be filed, along with the appropriate filing fee ~~ ~r°~~~~'°a ~~ ~cTwith the °~~f pPlanning sServices Department. The application shall be accompanied by a conceptual development plan including: 1. Written Information: i. Legal description and address of property; ii. Name, address and phone number(s) of the property owner(s); iii. Proposed construction and landscaping schedule indicating the timing and sequence of each development activity; iv. Existing and proposed uses for all buildings or structures; v. Total area of property and all structures, existing and proposed; and vi. Present and proposed type and number of parking spaces on the property. 2. Graphic Materials: i. Complete property dimensions; Dubuque, IA UDC Adopted 00/00/0000 123 Section II -Land Use Regulations Article 5 -Zoning Districts ii. 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; iii. 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.; iv. 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.; v. Existing and proposed contours of the property taken at regular contour intervals not to exceed five feet, or two feet if the City Planner determines that greater contour detail is necessary to satisfactorily make the determinations required by this Code; vi. 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 in diameter, grassed areas, surface rock and/or soil features, and all springs, streams, or other permanent or temporary bodies of water; and vii. A locationa~l 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. B. Commission Hearing: A public hearing shall be held by the Zoning Advisory Commission on the application and conceptual development plan in the same manner and with the same public notice procedure as required for zoning classifications. C. Commission Recommendation: The Zoning Advisory 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: 1. Time limitations, if any, for submission of final development plans and commencement of construction. 2. Uses permitted in this district. 3. Lot and bulk and performance standards for the development and operation of the permitted uses. Dubuque, IA UDC Adopted 00/00/0000 124 Section II -Land Use Regulations Article 5 -Zoning Districts 4. 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. D. Conceptual Development Plan Approval: The Zoning Advisory Commission shall not approve the conceptual development plan unless and until the commission determines that such plan conforms to each of the following standards: 1. The conceptual development plan is in substantial conformance with adopted comprehensive plans to guide the future growth and development of Dubuque. 2. Expansions contemplated by the plan are justifiable and reasonable in light of the projected needs of the institution and the public welfare. 3. 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. 4. 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. 5. The conceptual development plan will not violate any provision or requirement of this Code. 6. Approval of the conceptual development plan shall be valid for a period of three 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. 7. Anew or amended conceptual development plan may be filed at any time following council approval. E. Council action. Upon receiving the recommendation of the Commission, 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 of all the membership of the council shall be necessary to approve the conceptual 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. F. 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 Dubuque, IA UDC Adopted 00/00/0000 125 Section II -Land Use Regulations Article 5 -Zoning Districts 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. G. Development according to final site development plan. 1. 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 Article 12 and „~ such plan conforms with the conditions of the adopted conceptual development plan. 2. 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 insure 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 insure their construction. • !1 4't',Y, .~:°,-1 „ +1,° ,-.1; ~~L,., rL, ° ° + 4.1' 1-.,-. °sauvliillll b ,°..4 (.4'4L.° .a,~.4,- ~.4 l~....,. ... ...... ............ 1 4' .,~ .-.4°rl r. vet 41,° °4° 41~° ~;4.i (~~ :t ~ l r 1 , ' • , V Sl 1LJ 111V L1V 11 V1 Vii ~y + y }ryp t1 u-rccvrrarrcncrcrcrvirQrcna-ivmir~cozixri~ci~~-~i~o~"r~i'°c'co~ir°~--~l 1° °lhar ° r t.:: t,.,. L~ . c s'lllvh~/~vi ,. ...::~' t,.,....,.. l ., ; C: ,.., 4: .. .:t,~.. .. ....., .....b .,_ a- H. Changes from plan. After recording of a final site development plan, changes not inconsistent with the purpose or intent of this section may be approved by the Zoning Advisory Commission. Changes affecting the purpose or intent of this section shall require a new petition to be filed. 5-22.4 Prohibition on Commencement of Use by Parties Unassociated with the Principal Institution TT-'^°°^^~^+^~' °^~'+~^° A. Within an existing ID Institutional District, no principal use otherwise than those provided for in this district may be commenced by any person(s) except: 1. The principal institution or its agent; or Dubuque, IA UDC Adopted 00/00/0000 126 Section II -Land Use Regulations Article 5 -Zoning Districts 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 uses of this section. B. The purpose of this provision is to prohibit the commencement of principal 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. 5-22.5 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: A. Control of operations outside of enclosed buildings. B. Control of lighting and utilities. C. Provision of landscaping and protection of natural areas. D. Control of refuse collection areas. E. Off-street parking and loading requirements. When parking requirements are not included in the adopting ordinance establishing the specific ID District, then Article 14 shall apply. F. Control of signage. When signage requirements are not included in the adopting ordinance establishing the specific ID District, then Article 15 shall apply. 5-22.6 Bulk Regulations All Uses --- --- --- s 20 --- '. 10 10 120 ~ When abutting a residential or office-residential district, the setback shall be increased by an additional two fe per story above the first. __ z Height shall be measured from the lowest at-grade elevation alono anv wall 5-23 POS Public Open Space 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 Dubuque, IA UDC Adopted 00/00/0000 127 Section II -Land Use Regulations Article 5 -Zoning Districts 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. 5-23.1 Principal Permitted Uses The following uses Beare permitted in the POS District: ~1. Public or private parks1 golf course, or similar natural recreation areas-sag ~2. Railroad and public or quasi-public utility, including substation, but not including offices or storage 5-23.2 Conditional Uses The following conditional uses ~may be permitted in the POS district, subject to the ~~~.~~ provisions of Section 8-5 a +" °"+" ~ " ° ""^"k'^n t" `"° ~""'"" 1. Recreational use 5-23.3 Accessory Uses The following uses may be permitted as accessory uses as provided in Section 3-7: ~1. Any use customarily incidental and subordinate to the principal use it serves 5-23.4 Temporary Uses The following uses sl~may be permitted as temporary uses in the POS district in conformance with the provisions of Section 3-18: ~l . SpartUses of a recreational or amusement nature. 5-23.5 Parking Minimum parking requirements shall be regulated in conformance with the provisions of Article 14. 5-23.6 Signs Signs shall be regulated in conformance with the provisions of Article 15. Dubuque, IA UDC Adopted 00/00/0000 128 Section II -Land Use Regulations 5-24 PUD Planned Unit Development 5-24.1 Purpose Article 5 -Zoning Districts A. 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 to: 1. Allow a workable, interrelated mix of diverse land uses; 2. Encourage flexibility in design for efficiency and cost savings for the developer and the community; 3. 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. Encourage new development to preserve and utilize existing land characteristics and features which offer visual recreational benefits or other amenities; 5. Promote the economic, attractive, innovative and harmonious arrangement and design of new buildings, streets, utilities and other improvements or structures; 6. 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. Provide for the creation and preservation of more and larger useable public or common open spaces than would normally be provided under conventional development; 8. Encourage the careful design and planning of larger development projects; 9. Give developers reasonable assurances regarding project approvals before the unnecessary expenditure of design efforts, while providing the City with appropriate assurances that approved PUD's will retain the character envisioned at the time of project approval. B. 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 Dubuque, IA UDC Adopted 00/00/0000 129 5-23.7 Bulk Regulations Section II -Land Use Regulations Article 5 -Zoning Districts and is formulated in conformance with the review procedures and standards of this section. 5-24.2 General Requirements A PUD maybe established on any parcel everof two acres or more in size for residential, office, commercial or industrial development. A PUD is required for all ~ steresretail commercial uses open to the public or members which have over 60,000 square feet of building area;. A PUD is also required for regional shopping centers, °" m~~'+~ ~ ,,,:'„ r*r~~°*~~-°~ ^-~°~''' •~~~+~ ~°,. ~,,,;',T;,,^manufactured home parks, biofuels production facilities, and for all new industrial parks and all new office parks. T~° r;+,, ,r°„ r°^,•°°+ ^r r°^,,;,.° ° DT TTl ,.~.,~~;~:^.,+;^r Any structure existinc at the time of adoption of this Code which is expanded for retail commercial use to over 60,000 square feet of building area and which expansion constitutes an increase of 25~ercent or more to the building area shall be subject to this section, 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), O (office), I (industrial), or R (residential); i.e. PC, PO, PI, and PR. ° v ~ 'T °1.,+°,T •„ +L,° ~+« ~.+; .,f DT TTl , .,+~ ,,rl + ;.. .,1 ° , vYraaav~Y 5-24.3 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 ° ~~~he PUD ~'~~+r~^+ ^ ^,.a:.,°~^°~ °a^~+°a r r+ +T,°,.°+^; however, PUD districts established prior to adoption of this Code without specific bulk, sign, parking and other development regulations shall be regulated by the 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: A. General Standards: 1. 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. Dubuque, IA UDC Adopted 00/00/0000 130 Section II -Land Use Regulations Article 5 -Zoning Districts 2. The PUD shall take into consideration the impact in existing streets and utilities. 3. The economic, environmental and neighborhood impacts of the development shall be considered. 4. The PUD shall conform to the adopted'~~Comprehensive Plan. B. Specific Standards: 1. Maximum land coverage of all buildings and impermeable areas shall be established. 2. Minimum open space shall be established and continued maintenance of the open space shall be provided in the specific PUD ordinance. '"r'"`°~ ~~°^°" ,,,°°~°'°„~' f'+1, Di TTl + ,. °,-°rl 4.., 1,,,;1,a:,-,..~ .,,-L:,,..., ,°h;~.,,l~r ~ ° ° ., .,~ , " '~iir~ ureuo, b ~ ~ > > ~ ` ~ •~ 3. Minimum interior and perimeter setbacks shall be established. 4. Maximum height limitations shall be established. 45. ~° ~a°^~~^*°'~r ~^r°°^°a °„,~'~„a°c~°dMinimum landscape screening requirements shall be established. ~6. Sign regulations for the PUD development shall be established. ~7. Provision for the continued maintenance of all improvements shall be noted within the ordinance establishing the PUD district. C. 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: 1. Improvement of traffic circulation for vehicles and pedestrians in the proposed development and adjoining properties and streets. 2. Specific landscaping/screening/lighting requirements to maintain privacy or reduce impacts in adjoining properties. 3. Joint use of private open space or amenities by adjoining property owners. D. Due consideration shall be given to the natural topography and major grade changes shall be avoided. If the development includes hillsides and slopes, special evaluation is given to geological conditions, erosion and topsoil loss. E. If unfavorable development conditions exist, the Zoning Advisory Commission and City Council may restrict clearing, cutting, filling, or other substantial changes in the natural conditions of the affected area. Dubuque, IA UDC Adopted 00/00/0000 131 Section II -Land Use Regulations Article 5 -Zoning Districts 5-24.4 Procedure to Establish, Amend, or-a~ Expand a PUD A. 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 ~ information ~pprepriatepertinent to the proposal. B. Application and Submission of Conceptual Development Plan: After the preapplication conference, the application for PUD district establishment shall be filed with an ~p~ethe established filing fee with the Planning Services Office. The application shall be submitted with a conceptual development plan, which shall include the following: 1. Legal description and address of property. 2. Name, address and phone number(s) of the property owner(s). 3. Number, type and general location of residential units. 4. General location and type of nonresidential uses including commercial, office and industrial uses. 4.5. List of principal permitted uses, conditional uses, accessory uses, and temporary uses. ~6. General location and type of recreational (passive and active) and open space (usable and nonusable) areas. ~:7. Location of existing infrastructure and utilities, including: streets with appropriate grades, sidewalks; access drives; water, sanitary sewer and storm sewer drainage systems, where appropriate. ~8. Proposed access to public right of way, including approximate grades, traffic projections and general indication of traffic control measures. ~9. Sketches to indicate the general design of building types and the overall character of development. 9:10. Existing contours of the property taken at regular contour intervals. -~11. Proposed parking facilities, including surface lots, ramps and loading/delivery areas. 12. Location of natural features, including woods, bluffs, waterway courses, floodways and meadows. ~?13. Conceptual landscape plan showing berms, plantings and fences. X14. Proposed development conditions for bulk, sign and parking regulation. Dubuque, IA UDC Adopted 00/00/0000 132 Section II -Land Use Regulations Article 5 -Zoning Districts 15. A location map or other framing at appropriate scale showing the general location and relation of the property to surrounding areas, including the zoning and land use pattern of adjacent properties, the existing street system in the area, and location of nearby public facilities. X16. Other information as required by the Planning Service Department as necessary. C. Commission Hearing. A public hearing shall be held by the Zoning Advisory Commission on the PUD application in the same manner and with the same public notice procedure as required for zoning reclassification. 5-24.5 Plan Approval Standards The ?,,,,;,,,~ n,~.,:~,,,.., r,,.,,,,,;~~;,.,, ,,,,a ~:~., r~,,,,,,,.:i ~~,,,>> .,,,. „ ° ~~,° PUD mien u~«~~~ shall not be approved unless and until the City Council determines that the conceptual development plan conforms to each of the following standards: A. The conceptual development plan is in substantial conformance with theme Comprehensive Plan to guide the future growth and development of the City. B. The proposed development is designed so as to be functionally integrated with existing City streets, sanitary and storm sewer and water service. C. The proposed development shall not interfere with the appropriate use and enjoyment of property on abutting districts. D. The conceptual development plan will not violate any provision or requirement of this Code. E. Natural drainage areas are retained as appropriate and improved if necessary. F. Due consideration is given to preserving natural site amenities and minimizing the disturbance to the natural environment. G. Existing trees are preserved wherever possible, and the location of trees will be considered in designing building locations, underground services, and paved areas. H. If the development includes floodplain areas, they Jhul' '~° „ ° ° °~' ~ °r* ° ° s~eany development within the floodplain shall conform to the Floodplain Hazard Overlay District regulations in accordance with Section 6-4. 5-24.6 Commission Recommendation The Zoning Advisory 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: Dubuque, IA UDC Adopted 00/00/0000 133 Section II -Land Use Regulations Article 5 -Zoning Districts A. Time limitations, if any, for submission of final site plans and commencement of construction. B. Uses permitted in the District. C. Lot, bulk and performance standards for the development and operation of the permitted uses. D. 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. E. The submittal and approval of a final site plan may be required by the Zoning Advisory Commission to determine if the final detailed plans are in conformance with the conceptual development plan. 5-24.7 Council Action A. Upon the recommendation of the Zoning Advisory Commission, the City Council shall act in the manner provided by law to approve or disapprove the requested PUD zoning reclassification of the property. The affirmative vote of at least three-fourths of all the membership of the Council shall be necessary to approve the conceptual 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. B. The ordinance authorizing the establishment, expansion, or amendment of a PUD district shall be recorded in the office of the Dubuque County Recorder at the applicant's expense. 5-24.8 Development to Follow Approved Site Plan A. Submission of Final Site Plan. After poss~eadoption of the ordinance ^~~+'~^,.:-,:,,~ *'~° establishing~€-a the PUD~e~ by the City Council, the applicant shall submit a final site plan to the City Planner~~tl~i-n-rh~eri~ °, ~~ ^~~~, ° ^~~°~' ~ ^~'' ~ ~_ =a :ce Rrior to development. The final site plan shall be in substantial conformance with approved conceptual development plan. B. 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 Article 12 and Dubuque, IA UDC Adopted 00/00/0000 134 Commercial Next to Residential Proposed Setback Change Street A ..................... .......r.....................................~ . '~ . ....................... .~ ,.. ........ ......ti ~ _.._.. m O ~_ a~ ~ cD ~ ~ w, a~ -~ c~ r° Oo .; ~ a~ ~ SETBACKS FOR COMMERCIAL PROPERTIES ADJACENT TO RESIDENTIAL PROPERTIES CITY SIDE YARD SETBACK REAR YARD SETBACK West Des Moines 35' or 50'* 35' or 50"` Council Bluffs 5' 10' or 20'* Iowa City Equals to adjacent residential district Equal to adjacent residential district Sioux City 5' 10' to 20'* Cedar Rapids 25'** 25'*'~ Cedar Falls 10' or 15' S' Davenport 7' 25' Ames 5', 10' or 20'* 10', 15' or 20'* Dubuque 6' 20% of lot depth *Setback depends on intensity of commercial district. **Additional vegetated screening required. THE LOYVER FLOOR LEVEL IS CLASSIFIED AS THE FIRST STORY IF THE FLOOR LEVEL UPPER ABOVE IS: 1~10RE THAN 6 FEET ABG GRADE FOR MORE THAI! PERCENT OF THE TOTAL ~LO1fi~R - I PERIMETER OR MORE THAN _ _ _ _ _ _ _ 12 FEET ABOVE GRADE AT ANY --- - ------ --- _ _ . , POI N T First Floor Multi-Level Buildings FLOOR LE VEL I S C LA SSIFIED AS THE FIRST STORY IF THE FLOOR LEVEL IS: NOT MORE THAFI4 FEET ti BELOW GRADE FOR MORE THAN 50 PERCENT OF THE --- ---- TOTALPERIMETER OR MORE THAN 8 FEET BELOW GRADE AT AFIY POINT THE UPPER FLOOR LEVEL WILL BE CLASSFIED AS THE FIRST STORY IF THE FLOOR LEVEL IS: UPPER NOT MORE THAN 6 FEET ABOVE GRADE FOR WIORE THAN 50 ~ I ( i PERCENT OF THE TOTAL PERIMETER AND DOES FIOT LOYUER ~-------I EXCEED I2 FEET ABOVE -- ___-. _ __..-__ _______-_- - GRADE AT ANY POINT BUILDING HAS NO FIRST STORY AND THE FLOOR LEVEL IS CLA SSIFIED AS A BASEMENT IF THE FLOOR LEVEL IS: MORE THAN 4 FEET ' I BELOW GRADE FOR h10RE ~ I THAN 50 PERCEFIT OF THE TOTAL PERIMETER OR I- _ - - _ _ _ ~ MORE THAN 8 FEET BELOW GRADE ATAFIY POINT First Floor Single-Level Buildings FF '~Y, Yj ,_ '..T._.___, ' .. 1 1 1 1 1--------~ --` --- r . sae.,dR ~ I •1 Street Parkway Block Block Visibility Triangle a 0 m Lot Frontage Yards Clustered Development Yards Corner Corner Double Frontage `o ~ Flaq c Lot Types Lot ~,' Gable or Hip Roof Height Neighborhood ~mmercial Lot -r- ----- ----------- r i Property Lbui. rb ~._- -- leighborhood nercial Setbacks 3 m 4p?try$~ I ~ i A FMtt ~p Lot Area ~` r I I I Lot Wldth ~~ '. t Lot Frontage-~ I Street C-2A Mixed Used Neighborhood Commercial Lot Cut-Off Luminaries CS Commercial Service Jeighbonc~ Imercial Lc _ ~_, ~_., r ~~ r r ~ 1~ r r C-2A Mixed Used Neighborhood Commercial Setbacks Cut-Off Luminar w l l l l l VIII a alii~~io M BuIldoMe Area ' r O ~~ ~ ~,.~ I.. III I~I } Rs=uiredFront~atYee~i .L. ~ Property Lyre Street LS Commercial Service Setback C-2 Neighborhood Commercial Setbacks 1 1 1 1 1 1 ,a, _~ w„k.ac a'. M1yLM Lot Area Property Line ~L•ot Width C-3 General Commercial C-3 General Commercial C-4 Downtown Commercial C-4 Downtown Commercial Lot Setbacks Lot Setbacks Alley ~; Lot Area ~ a ~ c° Property Line S J Lot Area 1 Property Line 1 0 B y But7ding c;-4 uowntown Commercial C-4 Downtown Commercial Lot Setbacks Lat Area Property Llne Parking Garage I Building ' Panting Garage '-Buildeble f' ~r~., C-5 Central Business C-5 Central Business District Lot Setbacks Q I I I I I I Q Bu'.... M 1111111 w C-5 Business District C-5 Business District CS Commercial Service CS Commercial Service Lot Setbacks Lot Setbacks LI Light Industrial Lot HI Heavy Industrial Lot ~I OC Office Commercial Lot LI Light Industrial Setbacks I RpiN ewr~mawe..~ f OC Office Commercial Setbacks OR Office Residential Lot 1 ~. ~ ~ v r t PropertyLms -y~ i" Lot Area _._ ~ `r -- - - c:; I -. ~Lo4ylfldth ~- ~ Lot Frontage-~ Street OS Office Service Lot OjMq` ~g,.w~s.~~,~~_`., ELi PropertyLine- e-s---. h ~!4 Building $~ I ~~, k~`' c eo6Q'OUr~°'~^ ~e...z,,. .< .. ea. MHI Modified Heavy Industrial Setbacks OR Office Residential Setbacks dRYf Mq 4hlet ~ ~ r $ rr. Property Line -~ ~ Buttdable Area ~. r~ v~ Building ~- ~'~i ~ ,y, - ~..~ R Rd.A ~~0..~ 1 . ,_-a.ww.e ~wrtv..ea.m.ra~_--- ~ Lot Frontage Street OS Office Service Setbacks MHI Modified Heavy Industrial Lot HI Heavy Industrial Setbacks •_ _ 1 1 1 I ________________i Property Line-~ 1 1 I I 1 1 1 1 1 Lot Area 1 I 1 1 t 1 I I I 1 ~ 1 p I ~ I 1 1 3 I 1 I I I I I 1 I L Lot Width ~~ 1 - -----------------1 ~- lot Frontage„ Street R-1 Single Family Lot •- -----------------I I 1 1 I 1 I I Property Line ~ 1 1 ; I m G a Lot Area ; I J I 1 I I I 1 I 1 I 1 1 ~ o L•ot-width-~ 1 R- Lot Frontage -~ Street R-2 Two-Family Lot R-3 Moderate Density Multi-Family Lot R_peRrtl=~~_ -- _ Rp YMRarYN Setbst I 1 3' 1 1 ; 1 Ip [ 1 I',, ,S d. ',.,.. r~I It<~ , ~_. 1 ~= _ 1 RequMM rrontY~m SelAack _,_~ - 1 L__-__..-____ R-1 Single Family Setbacks --- ----- ~ _ -I 1 , I ReRU1rW R Yem SeMack I 1 1 I __ ~ Property Llne ~ ~i I 1 ~ I 1 I _ Ir wr 1 ~ 1 ~ L~+~ilesa~Pe Akc~h - n ~I i I r 1 1 " r C I ~ ~e I 1p i, 1 1} ~ 1 ~ ~; I 1 ' L_ r I ~~ _ o , ~1., ,, ~._~, -_- O 1 1 ` ' ;... RpWrW Front Yatl Selbeek~ I w~ 1 5 " I-f~---------------~~• Street R-2 Two-Family Setbacks R-3 Moderate Density Multi-Family Setbacks ~ - - - w~rr.tl F ram s.e«w I 1 ._.: ~.n.~... 1 1 1 I l 1 1 = ; I 1~ ~, :e R-1 Single Family Through-Lot Setbacks Alley 1-- I 1 1 ~--- -- --- --;. r 1 1 I Lot Area ; ~ 1 -- Lot Width-~' I 1 _ ; I Property Line -~ ; ~~I, ~ JI II ~ I; 1 ~ ~ ~ Lot Frontage-~ Street R-2A Alternate Family Lot - Sltle Properq lMe ` _- ~ Rpeketl SgF_YeA SR~k 7+- ~ 1 7 ~ 1 1 ~ ~ 1 1 1 ~ ~ 1 !~. o a 'i ~ F ~ ^.t 1 I~j 1 1<J I I~J ~ t ,a 7 ~ /, ~~, s ; : ~; 1 a' 1 .~~.,....e.n ..,®....~ ~ R-1 Single Family Corner Lot Setbacks Alley I 1 I Ir _ReQ a ° r-I I Rw AI - - ~d51 ,al 1 1 ~ ~ o ;SI t$uildableArea i._ ;~~ r.J = I 1 1 Property Line~~ I - I r` ~ I 1 I ;' 1 1 1 Street R-2A Alternate Family Setbacks R-4 Multi-Family Lot R-4 Multi-Family Setbacks OF FRONT YARD CORNER LOT CORNER LOT a to m -~ Required Front Yard S 5 *5 STREET Front Property Line V sibility Triangle EXAA1PLE SE1 BACK FOR BUILDNG 3 (CORNER LOT) SETBACK OF EXISTING BVILDING E =SETBACK OF BUILDING J ADJUSTMENT OF FRONT YARD SETBACKS INTERIOR LOT w m fD ~ Required Ffont Yard Sel6ack S _~ e n w ~ _. ~ ~~ c I I'°~ $~ s' STREET Front Property Line EXAMPLE SE iBACK FOR BUILDNG 2 (INTERIOR LOTI BOTH BUILDINGS LESS THAN REQUIRED SETBACK (SETBACK OF E%ISTINO BUILDING C ~ SETBACK OF BUILDING D) DIVIDED BY 2 SETBACN OF BUILDING 2 (70 FEET + 6 FEETI2 = B FEET 5-2 R-1 Single-Family Residential The R-1 District is the most restrictive residential district and is intended to protect low density residential areas from the encroachment of incompatible uses. The principal use of land in this district is for low density single-family dwellings and related recreational, religious and educational facilities. 5-2.1 Principal Permitted Uses t~ ~„ The following uses are permitted in the R-1 District: A. Cemetery, mausoleum, or columbarium ; B. Place of religious exercise or assembly _ __~ C. Public or private park, golf course, or similar natural recreation area Single-family det. D. Public, private or parochial school approved by the Iowa State Board of Public Instruction (K-12) E. Railroad or public or quasi-public utility, including substation F. Single-family detached dwelling 5-2.2 Conditional Uses The following conditional uses may be permitted in the R-1 district, subject to the provisions of Article 6: A. Bed and breakfast home B. Keeping of horses i'w C. Licensed adult daycare l~l i D. Licensed childcare center w,~~- `~ E. Mortuary or funeral home Place of religious F. Off street parking 5-2.3 Accessory Uses The following uses are permitted as accessory uses as provided in Section 3-6: A. Detached garage , ' B. Fence C. Garage sale, provided that not more than three such sales shall be allowed per premises per calendar year and not more than three consecutive days per sale ~ ` .. D. Home occupation E. Noncommercial garden, greenhouse or nursery F. Off street parking and storage of vehicles G. Satellite receiving dish H. Solar collector I. Sport, recreation, or outdoor cooking equipment J. Storage building Bed and breakfast K. Tennis court, swimming pool or similar permanent facility L. Wind generator 5-2.4 Temporary Uses See Section 3-16. 5-2.5 Parking See Article 11. 5-2.6 Signs See Article 10. Licensed childcare p~~U r 10/30/2008 5-2.7 Bulk Regulations Permitted Uses _. Single-Family 5,000 50 40 20 50 6 20 30 School, Place of Religious Exercise 20,000 100 40 20 --- 20 20 30' or Assembly Conditional Uses Licensed Childcare Center, Licensed 5,000 50 40 20 --- 6 20 30 Adult Daycare Center Bed and Breakfast 5,000 50 40 20 50 6 20 30 Home Mortuary, Funeral 20,000 100 40 20 --- 20 20 30 Home ' Maybe erected to a height not exceeding 75 feet, provided that such buildings shall provide at least one additional foot ofyard space on all sides for each additional foot bywhich such building exceeds the mabmum height limit of the district in which it is located. --, F--- Lot Fronbge -~ mr ~ m.,c DUB ~ E 10/30/2008 ^ City of Dubuque, Iowa Request for Proposals Proposals due: May 26, 2006 PREPARATION OF UNIFIED DEVELOPMENT CODE INTRODUCTION The City of Dubuque, Iowa is soliciting proposals from qualified professional consultants to prepare a Unified Development Code (UDC). Our intent is to provide auser-friendly ordinance format that implements the goals and objectives of the Comprehensive Plan, recognizes the diverse physical characteristics of Dubuque's neighborhoods, and encourages planned and managed growth. The City would like to combine zoning, subdivision, sign, and historic preservation regulations in a UDC to meet this goal. The last comprehensive update of the Zoning Ordinance was in 1985. The Zoning Ordinance has been amended frequently in piecemeal fashion since then. The last comprehensive update of the Subdivision Ordinance was in 1991. The last comprehensive update of the Historic Preservation Ordinance was in 2001. The Dubuque Comprehensive Plan was adopted in 1995 and updated in 2001-2002. An update of the Comprehensive Plan is underway in 2006. As principal tools for implementing the Comprehensive Plan, the Dubuque City Council has determined that the Zoning Ordinance and the Subdivision Ordinance need to be rewritten as a UDC. This update is supported by the City's Long Range Planning Advisory Commission, Zoning Advisory Commission, and Zoning Board of Adjustment. It is anticipated that the time frame for the project will be approximately 12 -18 months following the signing of a contract. The selected consultant will be expected to complete the contracted scope of work within the specified time frame, under the general direction and coordination of the City's Planning Services Department as authorized by the City Council. The Planning Services Department provides staff support for the Zoning Board of Adjustment, Long Range Planning Advisory Commission, Zoning Advisory Commission, and Historic Preservation Commission at their monthly meetings. The Planning Services staff facilitates and coordinates the Development Review Committee, which includes staff from the City's Building Services, Engineering, Water, and Fire Departments. The Committee holds weekly meetings to review planned unit developments, subdivision plats and site development plans with developers, architects, and engineers. .r COMMUNITY BACKGROUND The City of Dubuque is located on the Mississippi River in northeastern Iowa, adjacent to Illinois and Wisconsin. The City is approximately 30 square miles in area, with a population of approximately 60,000 persons. The City's annual operating and capital budget is nearly $100 million and funds a full range of services. The City's web site is www. cityofd ubug ue. orq. The community has a stable and diversified manufacturing base and a growing service sector. Dubuque is the major retail, medical, education and employment center for the tri-state area. Tourism continues to be a major economic force in the community. City government works in collaboration with the private sector to promote economic development. The job creation and unemployment numbers show that Dubuque is holding steady in a very volatile economic climate. Dubuque's construction numbers reveal an even more encouraging picture. Meeting Development Needs The City's long-range goals include maintaining compact and contiguous development; accommodating projected residential, commercial and industrial expansion; and facilitating planned and managed growth on the City's fringe. The city is restricted from expansion on its east side due to the Mississippi River, and is challenged by rugged terrain and limited roadway systems on the north and south. Since 1997, the City has spent approximately $13 million for land acquisition, water and sewer main extensions, construction of City streets, and site development costs for the Dubuque Industrial Center West. These investments on the west side have opened up potentially thousands of acres of land to meet development needs, with the capacity to serve those needs. From 1990-1998 the City of Dubuque averaged 350,000 square feet of non-residential construction each year. In the five-year period from 1999-2003, the City of Dubuque averaged nearly 1 million (988,203) square feet of non-residential construction each year. The year 2003 also saw continued growth in the number of residential units with 182 units being constructed. This is the second highest number since 1995 (with last year's 192 being the highest), and 40% higher than the seven previous years' average of 130 units per year. Downtown Revitalization In addition to extending City service for new industrial parks and planning for development of the urban fringe, the City of Dubuque has continued and strengthened its commitment to funding and partnerships for downtown revitalization and historic preservation. Partnerships and City investments have been key in the revitalization of Downtown. Since 1985, the following investment has occurred in Downtown Dubuque: 2 Facade Building New Real Estate Public Net New Renovation Rehabilitation Construction Sales Improvements Jobs $4,498,705 $61,800,327 $117,317,663 $76,173,696 $26,640,104 +1,744 57% since 83% since 58% since 78% since 43% since 1999 2000 1998 1999 2000 ($34,930,319) ($97,448,066) ($44,213,844) ($20,892,079) (755) Development Pattern Dubuque is Iowa's oldest city, and has a substantial collection of historically and architecturally significant structures. There are seven National Register districts in Dubuque, with six of them in and around Downtown. The downtown area includes the central business district, transitional mixed-use neighborhoods north, west and east of downtown, and a substantial industrial district east of downtown. Downtown Dubuque contains many institutional, commercial, and industrial buildings that are architecturally significant and reflect a variety of styles and materials. Other Downtown buildings house a mix of uses, with first floor retail/office uses and opportunities for uses on the upper floors. Consequently, Dubuque's development pattern varies within the corporate limits. The historic downtown neighborhoods include some two- and three-story residential buildings that are still fully residential. Other older neighborhoods include small lots in an urban street/alley grid pattern with a mix of commercial and industrial uses along with neighborhood churches, parks and schools. Newer neighborhoods reflect larger single-family lots in suburban-style subdivisions with curvilinear streets and cul-de-sacs, largely separated from non-residential uses. In addition to large brick warehouses in the industrial area adjacent to Downtown, Dubuque has large-scale industrial parks along its riverfront and on the south and west ends of the community. Riverfront redevelopment is underway, with a concentration of commercial and recreational attractions. Neighborhood commercial areas are found along minor arterials throughout much of the city. Big box retailers are located in planned unit developments along major arterials on the city's west side. Campuses for colleges and hospitals generally are centrally located in the city. Most vacant developable land lies on the City's urban fringe. There is very little vacant developable land in the core of the city. The City of Dubuque has employed smart growth principles in planning and managing the community's growth and development for years before smart growth became a national buzzword. Since 1995, the Dubuque Comprehensive Plan has included goals and objectives that incorporate "smart growth" principles, such as encouraging City- County cooperation, and developing policies that enhance development of fringe areas and avoid unregulated sprawl. 3 City and State Code Provisions Cities have been granted the authority to plan and to zone in Chapter 364 (Home Rule Powers) and Chapter 414 (Municipal Zoning) of the Code of Iowa. They have been granted the power to promote health, safety, and morals for the general welfare of the community. Chapter 354 of the Iowa Code stipulates requirements and grants authority to cities and counties for the platting, division and subdivision of land. Chapter 303.34 (Areas of historical significance) of the Iowa Code states that: a historic preservation commission shall review alterations to structures in historic districts. The Long Range Planning Advisory Commission makes recommendations to the City Council on updates to the Dubuque Comprehensive Plan, new and amended urban renewal and urban revitalization plans, the recommended five-year capital improvement program, and other special planning studies as directed by the City Council. The Zoning Advisory Commission makes recommendations to the City Council on applications for rezonings, planned unit developments, subdivision plats, and amendments to the Zoning and Subdivision Ordinances. The Zoning Board of Adjustment makes decisions on applications for conditional uses, special exceptions, and variances from the Zoning Ordinance requirements for bulk standards, off-street parking, and signs. The Board of Adjustment hears appeals of staffs interpretations of the Zoning Ordinance. The Board is aquasi-judicial body. Decisions by the Board are appealed- to district court, not the Council. The Historic Preservation Commission conducts design reviews of proposed exterior alterations of buildings, signs, and structures that required a building permit and are visible from the public right-of-way in the City's designated historic preservation districts. HPC design review decisions may be appealed t the City Council, and then to district court. The HPC also serves as an advisory design review body to the City Council for public works projects in the historic districts. Under City Code, any revision to the existing Zoning Ordinance or the existing Subdivision Ordinance requires first a public hearing before the Zoning Advisory Commission, and then a public hearing before the City Council. The Zoning Advisory Commission provides a recommendation to the City Council, who makes the decision. Under Iowa Code, the City of Dubuque has sole jurisdiction for all rezonings, planned unit developments, and subdivisions within the corporate limits. Under Iowa Code, the City of Dubuque has extraterritorial jurisdiction for subdivision review and approval within two miles of the corporate limits. The Dubuque City Council adopted a development policy for this two-mile fringe area in 2004. 4 ORDINANCE CONCERNS Concerns with the Zoning and Subdivision Ordinances have emerged over time from City staff, City officials, customers, and community stakeholders. For example: - The Zoning Ordinance is often difficult for the public and City staff to use and to interpret. It is not organized in an "easy to access" form, and lacks adequate graphics, charts, and other illustrations. - The Subdivision Ordinance is a chapter of the Dubuque City Code that is related to but not referenced in the Zoning Ordinance, which is an Appendix to the City Code. Subdivision regulations are not incorporated into the Zoning Ordinance. - The Zoning Ordinance has conflicting, unclear, outdated, and/or confusing use categories, definitions, and provisions, and often an "unwritten" need to reference back to other sections of the Ordinance or other chapters of the City Code to fully comply with all applicable City regulations. - The Zoning Ordinance lacks an amortization clause for nonconformities. - The Zoning and Subdivision Ordinances do not always adequately address land use, historic preservation, and urban design objectives of the Comprehensive Plan such as encouraging a more urban streetscape, mixed use, downtown housing, flexible site development, alternative transportation, and smart growth. - A concern exists about the number of conditional rezonings and spot zonings, and having multiple zoning designations for a single lot. - There are related issues in other sections of the City Codes, in City Engineering Standards, and in City plans and policies which necessitate updating the Zoning and Subdivision Ordinances, including: access management, parking, accessory uses, grading, excavation, erosion control, storm water runoff, signs, traffic, landscaping, street trees, outdoor storage, screening, lighting, dust, and noise. - There have been controversies over the past year with proposals for private redevelopment of bluffland sites. Facilitation of an inclusive process involving the general community and stakeholders on all sides of the issue of bluffland development vs. preservation is needed to complete a comprehensive bluff plan. The City Council is concerned about the timeliness of the resolution of this component of the ordinance based on recent requests for blufftop development and it is desired that as much as possible this issue be prioritized to be resolved as early in the process as practical. - In response to proposals over the past few years to expand and relocate junk and salvage operations, there has been interest in creating design review, guidelines, and standards for screening, setbacks, and visual impacts of commercial and industrial developments, particularly for outdoor storage. 5 - There are three sets of regulations affecting signs. Two are administered by the Building Services Department, and the third is a section in the Zoning Ordinance. These regulations are overly complicated and at times contradictory. - There is interest in design standards for big box retailers, and any impact studies or impact fees that have been implemented as a result of the location of a big box retailer. The City Council desires that as much as possible this issue be prioritized to be resolved as early in the process as practical. - The City Council desires a UDC that results in quality development, that provides for flexibility in development design, and that streamlines the development review process. At the same time, the City Council wants the city of Dubuque to remain competitive for growth and expansion of local and regional residential, office, retail, commercial, and industrial markets. PROJECT OBJECTIVES Conform with Local, State and Federal Codes / Ensure the UDC conforms to the City of Dubuque Comprehensive Plan. / Ensure the UDC conforms to the nuances of the Iowa Code. / Update regulations in recognition of recent Iowa and Federal case law, including day care, group homes, mobile homes, manufactured homes, churches, Federal Fair Housing requirements and the Americans with Disabilities Act. / Ensure that rights and responsibilities of property owners and of the City enforcement staff are clearly stated to avoid, whenever possible, disputes of interpretations. Be Relevant for Dubuque / Prepare a UDC that is responsive to contemporary development trends, recognizes the diverse physical characteristics of Dubuque's neighborhoods (e.g. street patterns, building types, density etc.), and encourages quality development. / Create coordinated regulations that facilitate development effectively, enhance neighborhood quality, and result in planned and managed growth. / Develop regulations that acknowledge and accommodate Dubuque's three distinct geographical areas as well as potential growth areas in the environs. 6 Be User-Friendly / Acustomer-friendly ordinance format that is-easy to use and organized to provide greater clarity for all readers, using charts whenever possible for easier reference to individual requirements. / An illustrated UDC that graphically explains zoning, subdivision and site development requirements in simple, understandable terms, reduces the need for formal code interpretations, and refers to other sections of the UDC and other chapters of the City Code. / A reorganized code available to the general public on-line at the City's web site, in an "easy access, easy lookup" format with electronic query capability, by search terms and by process type, that allows future amendments to be easily incorporated into the on-line presentation format. Streamline the Process / Streamline the tasks undertaken by the Zoning Advisory Commission, Zoning Board of Adjustment and City staff by crafting regulations that reflect the Comprehensive Plan's goals and objectives. / Reduce the caseloads of the Zoning Advisory Commission, Zoning Board of Adjustment, City Council and City staff, by crafting regulations that require fewer requests for variances, special exceptions and rezonings. / Identify opportunities for process simplification and flexibility, consistent with identified community goals and project objectives. CRITICAL ISSUES INVENTORY The consultant will prepare a written inventory of the critical issues that must be addressed and resolved to ensure that the UDC is complete in its scope and coverage and addresses the Ordinance Concerns and Project Objectives listed above and identified during the Background Research and Evaluation phases. The consultant will review this written evaluation with the Technical Committee. As a preliminary guide, the following subject areas are considered priority areas of interest: / Provide organization/format for combining the Zoning, Subdivision, and Historic Preservation Ordinances and various sign regulations into auser-friendly UDC. / Make the final document easy to follow, highly illustrated, and available on the web. / Review, improve and update lists of permitted uses and standards for each zoning district, recognizing different patterns of development, scale and massing. 7 / Provide clear statements of which uses are permitted in each district and what standards must be met, rather than reference back to other sections of the code. / Organize the standards specifically addressing signs in each district (what type permitted, where permitted, height, number, size, etc.). / Review, improve and update definitions, to assure clarity, necessity and compatibility with commonly accepted definitions. / Ensure that definitions are consistent with other related ordinances and codes. / Reference other sections of the revised code and other chapters of the City Code when appropriate. / Evaluate Planned Unit Development (PUD) options, "buildable area" provisions, and floor area ratio provisions. / Ensure density, setbacks, and other dimensional requirements fit with the existing and desired neighborhood scale. / Review, improve and update standards for site plan and subdivision reviews, and modernize existing zoning and subdivision development standards. / Revise existing provisions regarding site development review and evaluate the creation of new or improved flexible and illustrated site development standards, / Evaluate options for design review process, guidelines, and standards for screening, setbacks and visual impacts of commercial and industrial developments, particularly for outdoor storage. / Review, improve and update parking standards and requirements to prevent excessive and unnecessary parking areas, particularly in the central business district and surrounding historic neighborhoods. / Evaluate current ordinance provisions pertaining to inclusionary zoning and housing replacement. / Evaluate potential accessory apartment provisions. / Evaluate smart growth/green building design options. / Evaluate open space protection and bluffland preservation/development regulations, policies, and other appropriate measures. 8 / Evaluate design standards for big box retailers, and any impact studies or impact fees that have been implemented as a result of the location of a big box retailer. PROJECT SCOPE OF SERVICES The following information describes specific minimum components which should be included in the Scope of Services. The consultant should describe the means or strategy by which the consultant would satisfy the Scope of Services, and/or an alternative or hybrid strategy recommended by the consultant -what process and outcomes the consultant would suggest to make the project better. The City is open to suggestions other than those listed in this proposal, which consultants believe would be of value to producing a UDC. The final scope of work is expected to be finalized with the selected consultant. Collaboration with City City Interface: The consultant and the Planning Services Staff will cooperatively interface with the Technical Committee and other City officials, including: • Meet with the Technical Committee to review and discuss "in process" and completed work plan components; • Conduct public meetings with community stakeholders and the general public to solicit input with assistance from the Technical Committee; • Solicit comments from the Zoning Advisory Commission, Zoning Board of Adjustment, and Long Range Planning Advisory Commission to discuss existing zoning and subdivision issues and potential strategies and tools for consideration; • Conduct regular update meetings with the Planning Services Manager, Corporation Counsel, and City Manager; • Submit written project status reports monthly to the Planning Services Manager; • Conduct public meetings with appointed and elected officials to discuss completed work plan components prior to making final recommendations; and • Prepare the presentation of the final draft for adoption and attend the public hearings of the Zoning Advisory Commission and City Council. Project Schedule: The consultant and the Planning Services Staff will cooperatively establish a project schedule that will identify at a minimum: • delivery dates for all work products and project status reports; • meeting schedules with the Technical Committee, Citizen Advisory Committee, and Sign Review Advisory Subcommittee to monitor and assist in the progress of the project; • public meetings with community stakeholders and the general public; • focus group meetings with key community stakeholders for creating a comprehensive bluff plan for bluffland preservation/development; • work sessions with the Zoning Advisory Commission, Zoning Board of Adjustment, and Long Range Planning Advisory Commission; 9 monthly written project status reports to the Planning Services Manager measuring progress towards each of the specific goals/tasks of the work program; regular update meetings in person or by teleconference with the Planning Services Manager, Corporation Counsel, and City Manager; and public hearings with the Zoning Advisory Commission and City Council for review/adoption of the first draft, proposed final draft, and final UDC. Presentations: Presentation of the first draft, proposed final draft, and final draft for review /recommendation by the Zoning Advisory Commission and review /adoption by the City Council will be a collaborative effort by the consultant and 'the Planning Services Department. The appropriate members of the consultant team shall be responsible for facilitating all public work sessions and/or hearings before the Zoning Advisory Commission and City Council regarding review and approval of the UDC. Assistance from the Technical Committee will also be provided as needed. The consultant will be responsible for preparation of all necessary and associated correspondence, documents, staff reports, and detailed minutes of public workshops meetings. The Planning Services Department will be responsible for scheduling and managing the public hearings, interactions with public officials, publication of hearing notices as required by Iowa Code, and transcribing meeting minutes. Work Products: Review copies of all work products must be provided to the Planning Services Department in hard copy and/or electronic format using Microsoft Word in accordance with the established project schedule. The charts, graphics, illustrations, maps and/or photographs provided through the process must be delivered in hard copy and/or electronic formats compatible with the City's computer software and hardware and in accordance with the established project schedule. Project Work Program The anticipated Project Work Program for preparing the UDC will involve the consultant working principally with a Technical Committee for the first half of the project, after initial input meetings with the Citizen Advisory Committee, Sign Review Advisory Committee, and other key community stakeholders such as focus groups meetings for a comprehensive bluff plan. The second half of the project will involve testing the draft and final versions with key City staff, key community stakeholders, community groups, Zoning Advisory Commission, Zoning Board of Adjustment, and City Council. Technical Committee: The consultant will work closely on the preparation of the UDC with a Technical Committee with staff from the following City Departments: ^ Planning Services 10 ^ Building Services ^ Legal ^ Engineering ^ Economic Development ^ Housing and Community Development ^ Information Services (for UDC computerization and web-based applications) Work Program: The consultant will prepare a draft Work Program for the UDC preparation process, including necessary research and analysis, detailed schedules of dates, document delivery dates and document review periods, administrative meetings, public participation workshops and activities, time schedule and document preparation milestones, public meeting dates, City Council work sessions, public hearings before the Zoning Advisory Commission and City Council, etc. The draft Work Program will be presented to City Manager and City Council for review and approval. Background Research The consultant will need to conduct background research into the community's characteristics, planning documents, and regulatory codes and processes. Document review will include the following: - Review with the Technical Committee, a detailed analysis of critical issues related to the Zoning Ordinance and Subdivision Ordinance identified by the Planning Services staff. - Review with the Technical Committee, an analysis and inventory of the City of Dubuque's existing development patterns prepared by the Planning Services staff to identify opportunities for ordinance revisions. - Review with the Technical Committee, an evaluation of Zoning Board of Adjustment cases and limited setback waivers prepared by the Planning Services staff to identify opportunities for revisions of zoning and sign regulations. - Review with the Technical Committee, the following plans and studies to ensure that the UDC is consistent with and implements appropriate elements of these documents: o Dubuque Comprehensive Plan 0 2001 Affordable Owner-Occupied Housing Committee Report 0 2004 Downtown Master Plan o Urban Renewal plans 0 2006 Annexation Study Update - Review with the Technical Committee, the present zoning classification boundaries as shown on the Official Zoning Map and the Zoning Ordinance provisions in contemplation of new or reorganized zoning districts and overlays. 11 - Review with the Technical Committee, the sign regulations in the Building Code, and identify how to consolidate the City's three sets of sign regulations into one. - Review with the Technical Committee, the City Engineering Department's subdivision and site development design standards. - Review the regulatory options for developing a comprehensive bluff plan for bluffland preservation/development. - Review options for design review process, standards, and guidelines for screening, setbacks, and visual impact of commercial and industrial developments, particularly for outdoor storage. - Review options for design standards for big box retailers, and any impact studies or impact fees that have been implemented as a result of the location of a big box retailer. - Complete field studies with Planning Services staff to evaluate current conditions and observe unique conditions and/or circumstances; review with the Technical Committee. Evaluation of Ordinances and Standards: The consultant will prepare a written evaluation of the Background Research findings above. This written evaluation will include detailed commentary on the strengths and weaknesses of the existing ordinances and standards with particular regard to comprehensiveness, clarity, and coverage gaps. It will identify conflicting, unclear, outdated and/or confusing use categories, definitions, or provisions in the ordinances and standards, and ways to resolve and clarify the same utilizing current state-of-the-art relevant zoning and subdivision techniques, technologies, and tools that should be considered for incorporation into the new UDC ordinance based on the evaluation completed. The consultant will be expected to bring considerable experience with effective approaches and relevant regulations used by other communities and to evaluate such approaches for their appropriate applicability to the new ordinance. This will facilitate providing the City of Dubuque with options on different approaches. Recommended options must be evaluated in terms of their visual impact, fiscal impact, and regulatory impact, including consideration of installation and maintenance costs, land and development costs, and cost/benefit of using new technologies such as green building design options, pervious pavement, etc. The consultant will be expected to use contrasting images of various types of site development design for signs, building designs, screening, landscaping, and parking lots; and different development types such as industrial, waterfront, neighborhood commercial, various densities of residential, etc. The consultant will review this written Evaluation of Ordinances and Standards with the Technical Committee. 12 Preparation of UDC Working Outline: With advice and assistance from the Technical Committee, the consultant will prepare a working outline of the UDC listing the pertinent sections and the scope of their coverage. Following the City's review and approval of the outline, the consultant shall prepare a first draft of the update. First Draft: The first draft of the UDC will incorporate the results from the Research & Analysis tasks above and any supplementary material; the draft UDC must include references to the current Ordinances so that comparisons can be made. The first draft of the UDC will be discussed in detail with the Technical Committee, Citizen Advisory Committee, Zoning Advisory Commission, City Manager and City Council. The Sign Review Advisory Subcommittee will be included in the review of the revised sign regulations. The first draft of the UDC will also be presented by the consultant and the Technical Committee in appropriate ways to the general public, key stakeholders, and community groups for review and commentary. All of the existing, updated and new sections of the UDC will be reviewed with the Technical Committee, and then prepared to reflect the work program, public input received, and input and direction from public officials. The UDC should establish internal consistency, be at or above industry standards, and ensure legal compliance with all current State and Federal Laws. Proposed Final Draft: Taking into account the commentary received concerning the first draft of the UDC, the consultant will prepare a proposed final draft of the UDC. The same review mechanisms applicable to the first draft will be utilized for the proposed final draft. The consultant will review the proposed final draft with the Technical Committee. The consultant will provide the Planning Services Department with two Microsoft Word computer disk file copies of the proposed final draft of the update: one in a strike- out/new text version (with graphics, charts, and illustrations), and one final clean-copy version (with graphics, charts, and illustrations), that can be loaded onto the City's web site. Final Publication: Taking into account the commentary received concerning the final UDC as adopted by the City Council, a final submission, complete with maps, graphics, charts, and illustrations suitable for publication and distribution in both hard copy and in electronic format on CD will be provided to the City for its review and approval. The consultant will provide a final copy of the adopted UDC, in the following formats: a) In reproducible paper format, including all text, maps, charts and drawings; 13 • b) In electronic format, acceptable to the City Clerk's Office, which allows the City of Dubuque to maintain, publish and distribute the updated Ordinance(s) on paper, on the Internet, and on text-searchable CD-ROMs. Public Involvement The consultant will be expected to work closely with the Technical Committee for the duration of the process, attend all meetings and workshops, and facilitate "hands-on" programs that will involve workshop participants. Public Outreach: With the expected high level of general public involvement or interest in the update process, a methodology of public outreach, beyond the public meeting format, must be included in the proposal. Public outreach may be accomplished through public forums/hearing notices, web site announcements, media releases, cable television announcements, targeted mailings, etc. The City of Dubuque has a website and a local access channel available to assist in the communication effort. Citywide community workshops /meetings and stakeholder /focus group meetings are anticipated to solicit input on issues that may be relevant to neighborhood associations, City Boards and Commissions, and the business community. It is also anticipated that smaller group workshops may be necessary with selected participant groups to focus on the review of individual sections, such sign contractors to discuss the sign regulations. Interviews of key staff and stakeholders may also be appropriate. It is expected that all of these meetings would be attended by one or more members of the consultant team. The goal is that citizens are given the greatest possible opportunity to have input into the UDC through public forums, workshops, and on-line submissions. The consultant should suggest innovative and proven communication methods. Such alternatives should be clearly described in the proposal. The proposal should include the projected number of public meetings /presentations to be held by the consultant. Citizen Advisory Committee: The consultant will work with a Citizen Advisory Committee. The Citizen Advisory Committee will provide initial input on issues and process, react to first draft UDC and proposed final draft UDC, and then forward recommendations to the Zoning Advisory Commission and City Council as part of the process. The Citizen Advisory Committee will include representatives from these key stakeholder groups: ^ Developers ^ Architects ^ Engineers ^ Realtors /Appraisers ^ Dubuque Area Chamber of Commerce • Greater Dubuque Development Corporation (regional economic development) ^ Zoning Board of Adjustment ^ Long Range Planning Advisory Commission ^ Zoning Advisory Commission 14 • Historic Preservation Commission Sign Review Advisory Subcommittee: As part of a comprehensive review and update of the Dubuque City Code, City staff identified the need to coordinate and consolidate three sets of sign regulations. A Sign Review Advisory Subcommittee will provide initial input on issues and process, react to the first draft and the proposed final draft of the consolidated sign regulations, and then forward recommendations to the Technical Committee and Citizen Advisory Committee as part of the process. The Sign Review Advisory Subcommittee will include representatives from these key stakeholder groups: ^ Building Services Department ^ Planning Services Department ^ Scenic By-Ways ^ Zoning Board of Adjustment ^ Historic Preservation Commission ^ On-Premise Sign Industry ^ Off-Premise Sign Industry Comprehensive Bluff Plan: As part of the process for preparing a comprehensive bluff plan there are a number of key community stakeholders that should be invited to focus group sessions for bluffland preservation/development. These stakeholders include: the City Council, Long Range Planning Advisory Commission, Zoning Advisory Commission, Environmental Stewardship Commission, Historic preservation Commission, Four Mounds Foundation, Preserve Our Bluffs, Dubuque Main Street Ltd., Neighborhood Associations, Board of Realtors, Dubuque Area Chamber of Commerce, Dubuque County Historical Society, Greater Dubuque Development Corporation, Dubuque Homebuilders, Dubuque Federation of Labor, and Alliance for Construction Excellence. Additional community stakeholders may be identified during the process. Additional Resources: Additional resources from the City organization and the community will be drawn on as needed for the update process, including: ^ City Manager's Office (Neighborhood Development Specialist, GIS coordinator, and Public Information Officer) ^ Human Rights Department (fair housing) ^ Legal Department ^ Health Services Department (related code enforcement) ^ Planning Services Department (zoning enforcement and administration) ^ Board of Directors of the Dubuque Area Chamber of Commerce ^ Board of Directors of the Greater Dubuque Development Corporation ^ Board of Directors of Dubuque Main Street Ltd. (downtown redevelopment) ^ Members of the Developers' Roundtable. Public Records and Ownership Any and all information, in any form, supplied to the City under this Request for Proposal or any subsequent agreement shall become the property of the City of 15