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09_05_21 Work Session #2_ Unified Development Code
THE 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 27, 2009 City Council Work Session #2 - Unified Development Code DATE: May 21, 2009 Attached please find the material for the Work Session to be hold Wednesday, May 27 on the Unified Development Code. Planning Services Manager Laura Carstens has also provided a follow-up memo regarding Work Session #1 held May 11, 2009. Michael C. Van Milligen MCVM/jh Attachment cc: Barry Lindahl, City Attorney Cindy Steinhause, 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 #2 -Unified Development Code DATE: May 21, 2009 INTRODUCTION The City Council will hold the second of four work sessions on the proposed Unified Development Code (UDC) on May 27, 2009 at 5:30 p.m. in the City Council Chamber, Historic Federal Building. The marked-up versions of Articles 6, 7, 8, 9 and 10 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 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. PUBLIC INVOLVEMENT Public involvement in preparing the draft Articles 6, 7, 8, 9 and 10 of the UDC included: the UDC Technical Advisory Committee (comprised of City staff), the UDC Citizen Advisory Committee, the Zoning Advisory Commission, and the Zoning Board of Adjustment. We invited the Developers' Roundtable to UDC open houses on these Articles. DISCUSSION For the second UDC work session, staff will review the following 5 Articles, which are: • Article 6: Overlay Districts. • Article 7: Supplemental Regulations. • Article 8: Zoning Board of Adjustment (ZBA) Applications and Procedures. • Article 9: Zoning Advisory Commission (ZAC) Applications and Procedures. • Article 10: Historic Preservation. Highlights of the proposed changes in UDC Articles 6 through 10 are described below. ARTICLE 6: OVERLAY DISTRICTS • This Article includes the Rural Residential Overlay District (RROD), the Restricted Height Overlay District (RHOD), the Freeway 61/151 Corridor Signage Overlay District (SOD), the Floodplain Overlay Districts, and two proposed new overlay districts: the Old Town Neighborhood Overlay District (OTND) and the Airport Overlay District. • In the SOD Signage Overlay District, the language has been re-ordered and the descriptions of the sub-areas have been clarified by Legal staff. • The Floodplain Overlay Districts are based on the Iowa Department of Natural Resources model ordinance; two minor changes are recommended. • The proposed OTND Old Town Neighborhood Overlay District is intended to provide alternative design guidelines in older areas of the city where strict application of site design standards for new commercial and multi-family residential development are difficult to apply due to the dense development patterns of these older areas. The design guidelines for this form-based code will be reviewed at the next work session. • The Airport Overlay is still under development, and will be reviewed after final revisions have been made. • The ROD Redevelopment Overlay District has been deleted. This overlay was replaced by the Port of Dubuque PUD, and is no longer needed. ARTICLE 7: SUPPLEMENTAL REGULATIONS • This Article includes home-based businesses (currently referred to as home occupations), telecommunication towers, wind energy conversion systems, and adult entertainment establishments. • The lists of permitted and prohibited home-based businesses have been updated. • The telecommunication towers section has been updated .with new definitions, and revised requirements for: site plans, security fencing, landscaping, and maintenance, repair, and modification. • The section on wind energy conversion systems (WECS) is entirely new. o It provides for three types of WECS: residential, small, and commercial. o The UDC Citizen Advisory Committee has recommended deletion of the residential WECS option; however, staff prefers to have this option tested with City Council. The Committee was concerned about the aesthetic impacts of WECS in residential areas, particularly along the bluffs. 2 o The Zoning Board of Adjustment has recommended that residential and small WECS be a conditional use. The Zoning Advisory Commission supported this recommendation. The draft UDC reflects this recommendation. • The adult entertainment regulations have been modified as a result of the licensing standards established in Chapter 31 of the City Code. The definitions have been deleted, as the adult uses are defined in Chapter 31. ARTICLE 8: ZBA APPLICATIONS AND PROCEDURES • This Article updates the current ZBA procedures to clarify the application processes for requests filed with the Board: variances, conditional uses, and special exceptions. These applications involve notification of surrounding property owners and a public hearing before the Board. • Conditional uses are listed in each zoning district in Article 5, which was reviewed at the first UDC work session. Several changes are proposed in the UDC. o In the current code, the conditions for each conditional use are repeated in each zoning district. In the UDC, the conditions are consolidated in Article 8. o In the current code, a number of conditional uses have the sole condition to meet parking requirements. This single condition has been eliminated because it is redundant; all uses must meet parking requirements, unless granted a variance by the ZBA. These uses remain as conditional uses in the UDC. o Several existing conditional uses have been revised with respect to their conditions. o A number of new conditional uses have been added for specified districts: o Accessory dwelling unit: suggested as a sustainability measure; proposed to support affordable, supplemental housing. o Keeping of hens: suggested as a sustainability measure; proposed conditions are based on the City's 1934 Zoning Ordinance, which regulated poultry in one- and two-family districts. o Adult day services: staff sees a growing need for these services, which function similarly to licensed child care centers. o Multiple-Family Dwelling (73 or more units): suggested as a sustainability measure, to support higher density housing in the R-4 Multi-Family District without having to request a PUD rezoning. o Retail Sale of Agricultural Products: suggested as a sustainability measure, to allow the sale of locally-produced foods in AG zones. 3 o Tour Home: staff has received public input suggesting this use for historic homes. o Tourist Home: staff has received public input suggesting this use to supplement income. o Residential and Small Wind Energy Conversion Systems: suggested as a sustainability measure; see discussion in Article 7. o Winery: proposed to support this growing regional industry in AG zones. ARTICLE 9: ZAC APPLICATIONS AND PROCEDURES • This Article updates the current ZAC procedures to clarify the application process. The substantial and non-substantial option has been removed from the zoning reclassification (rezoning) section because it is never used. A text amendment procedure has been added to clarify when rezonings and text amendments are appropriate. ARTICLE 10; HISTORIC PRESERVATION • The Historic Preservation Ordinance is in the current City Code as Chapter 25. In addition to the UDC public input process described above, proposed revisions to Article 10 reflect recommendations from the Historic Preservation Commission, the State Historic Preservation Office (SHPO), and the City Attorney's Office. • Major changes include: o additional definitions, o reorganization of the Historic Preservation Ordinance for clarity, o streamlining the nomination review process, o combining the duplicative sections on the design review process into one section, o moving conservation district regulations from Chapter 11 (Buildings and Building Regulations) to the Historic Preservation Ordinance, o streamlining the demolition permit review process in conservation districts by transferring review to the Historic Preservation Commission similar to the demolition permit review process in historic districts, and o adding conservation planning areas. 4 • Initially, the SHPO agreed with our recommended change to shorten their reviews from 45 days to 30 days -consistent with the 30-day review for federal Section 106 projects -because there is no State code or administrative rule requiring 45 days. The SHPO subsequently asked for 45 days. Staff and the HPC recommend the 30-day review period. • A color coded map depicting the existing Historic Districts, the existing Conservation Districts, and the proposed Conservation Planning Areas is enclosed. The City has conducted a phased historic/architectural survey of over 4,700 structures in the city's older areas. The Historic Districts, the Conservation Districts, and the proposed Conservation Planning Areas comprise the areas surveyed in Phases I through V. Additional changes not mentioned above are highlighted in red text in the enclosed UDC Articles 6 through 10. REQUESTED ACTION The requested action is for the City Council to review and comment on the enclosed Articles 6 through 10 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 5 Section II -Land Use Regulations Article 6: Overlay Districts 6-1 RROD Rural Residential Overlay District Article 6 -Overlay Districts The RRO Rural Residential Overlay District is intended to accommodate change and encourage development, to reduce obstacles to desirable development, and to avoid the creation of nonconformities for agricultural property. 6-1.1 Applicability Areas designated as Rural Residential Overlay (RROD) districts shall be identified on the Zoning Map. The overlay zoning district designation supplements, but does not replace the underlying AG Agricultural zoning district except as otherwise provided herein. Dubuque, IA UDC Adopted 00/00/0000 136 Section II -Land Use Regulations Article 6 -Overlay Districts 6-1.6 Establishment of R-1 Single-Family Residential Zoning District At the time of approval of an application for an R-1 Single-Family Residential subdivision the underlying AG Agricultural zoning classification on the subdivision shall automatically cease. The City Planner shall remove the existing underlying AG Agricultural zoning district from the Official Zoning Map at the next regular updating thereof, and establish R-1 Single-Family Residential Ddistrict, as set forth in Section 5-2,.as the new ~t~'°zoning district for the property. 6-1.7 Reclassification to Original Underlying eor Any Other Zoning District Any person may request a reclassification of property within this overlay district to the original underlying zoning district or any other zoning district listed in Section 5-1.4. The procedure for such a reclassification shall be that established by Section 9-5. The overlay district rbe replaced by the new ""zoning district. 6-1.8 Conditions Required 'b Upon Plat Approval subdivision plat for the property, the k regulations of the R-1 Single-Family rResidential dDistrict set forth in Section 5-2 shall apply to usesin the subdivision. No building permit shall be issued for any use permitted in this overlay district unless these conditions have been complied with or a variance from these conditions is granted. 6-2 RHOD Restricted Height Overlay District It is recognized that in addition to height restrictions in other sections of this Code, certain areas shall need to be further restricted in terms of height of structures or natural objects. Such restrictions are necessary for emergency communication transmission and reception and other legitimate public safety concerns. 6-2.1 Applicability A. Areas designated as a-Restricted Height Overlay dDistricts (RHOD) shall be identified on the Zoning Map. B. The overlay zoning district designation supplements, but does not replace the underlying zoning district except as otherwise provided herein. C. Such designation shall not affect usage of the property within the parameters of its zoning classification except that no structure shall be allowed to exceed the height above sea level specified in Section 6-2.2. 6-2.2 Area Designations and Height Limitations The following areas shall be designated as RHO districts, within which the following height limits shall be observed: Dubuque, IA UDC Adopted 00/00/0000 137 Section II -Land Use Regulations Article 6 -Overlay Districts A. A strip of land 100 feet wide from the communication tower at Sunnycrest Care Facility to the communication tower at the Peosta Water Tower, insofar as said strip of land exists within the corporate limits of the City. The maximum height allowed in this corridor shall be 1,000 feet above mean sea level as determined by a qualified engineer licensed under the laws of the State of Iowa. B. A strip of land 100 feet wide extending a point which is 670 feet above mean sea level at the Dubuque Law Enforcement Center to a point which is 930 feet above mean sea level at Sunnycrest Manor in which no structure may be built to a height exceeding the relative height of a line drawn between these two elevations. The maximum height allowed in this corridor shall be determined by a qualified engineer licensed under the laws of the State of Iowa. 6-3 Freeway 61/151 Corridor Signage Overlay District (SOD) 6-3.1 Purpose The Signage overlay district (SOD) has been established along the three mile long Freeway 61/151 corridor to: A. Acknowledge the importance of the freeway corridor as a unique gateway to and through the city; B. Identify the lands lying along and adjacent to the freeway and extending to the Mississippi River as requiring special attention in terms of visual aesthetics; C. Protect and enhance the vistas both frorn and to the city and the Mississippi River valley along the freeway; D. Eliminate the potential visual clutter viewable from the freeway while allowing the opportunity for Signage, where possible, which is appropriate in terms of size, height and spacing; and E. Create clearly understandable and enforceable regulations for a specially defined district in the city. 6-3.2 SOD Boundary Thee SOD) shall encompass the land as indicated on ^the official SOD map of the city, adopted separately and incorporated herein by referencehich district is generally described as all land within 660 feet of the westerly or northerly edge of the Freeway 61/151 right of way, from Grandview Avenue north to and including Schmitt Island, and extending east to the city's corporate limits, and including the area lying east of the upper bluff line Dubuque, IA UDC. Adopted 00/00/0000 138 Section II -Land Use Regulations Article 6 -Overlay Districts between Southern Avenue and First Street, excluding the area within the Port of Dubuque The SOD is further divided into subareas, as follows: A. Area A: all land east of Locust Street from Grandview Avenue north to Camp Street north of the U.S. Highway 61/151 right of way and the extension of Railroad Avenue east of U.S. 61/151 right of way east to the city's corporate limits; B. Area B: all land west of Locust Street from the intersection of Locust Street and Southern Avenue north to Dodge Street and extending west to the upper bluff line; C. Area C: all land east of the shoreline of Peosta Channel, including Schmitt Island; D. Area D: all remaining land within the SOD; E. Area X: all land east of Locust Street from Camp Street north to Dodge Street and the Julien Dubuque Bridge, and extending east to the railroad right of way; F. Area Y: all land west of Locust Street from Dodge Street north to First Street and east of Locust Street from Dodge Street north to Third Street extending west to Freeway 61/151; and G. Area Z: all land east of Freeway 61/151 from the Third Street overpass, including its extension east to the corporate limits, north to Peosta Chamiel, and extending easterly and northerly to the city's corporate limits, including all lands within the shoreline of the Dove Harbor peninsula, except for that land within 660 feet of the easterly edge of the Freeway 61/151 right of way from the Third Street overpass north to the extension of Eighth Street. 6-3.3 SOD Sign Regulations Dubuque, IA UDC Adopted 00/00/0000 139 Section II -Land Use Regulations Article 6 -Overlay Districts Cnr". Off premises signs located in Areas X, Y, shall 13~tconform to the standards set forth in Section 15-12. C. Off-premises signs in Area shall meet the standards set forth in Section 15-12. D. Height: No portion of any sign or sign structure within 660 feet of the Freeway 61/151 right of way shall be visible to a person of normal visual acuity traveling on Freeway 61/151, but in no event higher than 25 feet. E. Size: 300 square feet. F. Spacing: 500 feet (lineal measurement for signs visible to oncoming traffic). G. Variance: The Zoning Board of Adjustment may grant a variance to increase the standards pertaining to height and size or reduce spacing requirements for any lawful sign, a . 6-4 Floodplain Overlay Districts 6-4.1 Purpose The provisions of the Flood Hazard Overlay District are intended to promote the public health, safety, and general welfare and to minimize the extent of floods and the losses incurred in flood hazard areas. The regulations of this Section are designed to: A. Restrict or prohibit uses which are dangerous to health, safety, or property in times of flooding or cause undue increases in flood heights or velocities; B. Require that uses vulnerable to floods, including public facilities which serve such uses, be provided with flood protection at the time of initial construction; Dubuque, IA UDC Adopted 00/00/0000 140 Section II -Land Use Regulations Article 6 -Overlay Districts C. Protect individuals from buying lands which are unsuited for intended purposes because of flood hazard; and D: Assure that eligibility is maintained for property owners in the City to purchase flood insurance in the National Flood Insurance Program. 6-4.2 Lands to Which Regulations Apply This section shall apply to all lands within the jurisdiction of the City shown on the official zoning map as being within the boundaries of the 100-year floodplain. 6-4.3 Establishment of Official Floodplain Zoning Map The official floodplain zoning map, together with all explanatory matter thereon and attached thereto, is hereby adopted by reference and declared to be a part of this Code. The official zoning map bears the signature of the mayor attested by the City Clerk and shall be on file in the office of the planning services division. The flood insurance study and flood insurance rate map (FIRM) for the City, dated September 6, 1989, is attached to and made a part of the official floodplain zoning map. 6-4.4 Rules for Interpretation of District Boundaries The boundaries of the zoning district shall be determined by scaling distances on the official floodplain zoning map. Where interpretation is needed as to the exact location of the boundaries of the district as shown on the official zoning map, the City Planner shall make the necessary interpretation. The person contesting the location of the district boundary shall be given a reasonable opportunity to present their case and submit technical evidence. 6-4.5 Compliance No structure or land shall hereafter be used and no structure shall be located, extended, converted or structurally altered to cause a substantial improvement without full compliance with the terms of this Code and other applicable regulations which apply to uses within the jurisdiction of this Code. Existing structures which suffer substantial damage shall also be required to meet full compliance with the terms of this Code should the damaged structure be repaired or rebuilt. 6-4.6 Abrogation and Greater Restrictions It is not intended by this Code to repeal, abrogate or impair any existing easements, covenants, or deed restrictions. However, where this Code imposes greater restrictions, the provisions of this Code shall prevail. All other ordinances inconsistent with this Code are hereby repealed to the extent of the inconsistency only. Dubuque, IA UDC Adopted 00/00/0000 141 Section II -Land Use Regulations Article 6 -Overlay Districts 6-4.7 Interpretation In their interpretation and application, the provisions of this Code shall be held to be minimum requirements and shall be liberally construed in favor of the governing body and shall not be deemed a limitation or repeal of any other powers granted by state statutes. 6-4.~ Warning and Liability Disclaimer The degree of flood protection required by this Code is considered reasonable for regulatory purposes and is based on engineering and scientific methods of study. Larger floods may occur on rare occasions. Flood heights maybe increased by manmade or natural causes, such as ice jams and bridge openings restricted by debris. This Code does not imply that areas outside the flood plain districts or land uses permitted within such districts will be free from flooding or flood damages. This Code shall not create liability on the part of the City or any officer or employee thereof for any flood damages that result from reliance on this Code or any administrative decision lawfully made thereunder. 6-4.9 Establishment of Floodplain Overlay Districts The floodplain areas within the jurisdiction of this Code are hereby divided into the following districts: A. Floodway Overlay District (FW), Floodway Fringe Overlay District (FF) and General Flood Plain Overlay District (FP). The boundaries are shown on the official floodplain zoning map. Within these districts all uses not allowed as permitted uses are prohibited. B. Floodway Overlay District (FW). The Floodway Overlay District shall be consistent with the boundaries of the floodway as shown on the official floodplain zoning map Overlay and indicated on the FIRM maps as Zone AE. C. Floodway Fringe Overlay District (FF). The Floodway Fringe Overlay District shall be those areas shown as floodway fringe on the official floodplain zoning map and indicated on the FIRM maps as Zone AE. D. General Floodplain Overlay District (FP). The General Floodplain Overlay District shall be those areas shown as being within the approximate 100-year flood boundary on the official floodplain zoning map and indicated on the FIRM maps as Zone A. 6-4.10 Floodway Overlay District (FW) A. Permitted uses. The following uses shall be permitted within the FW District to the extent they are not prohibited by any other ordinance (or underlying zoning district) and provided they do not include placement of structures, factory-built homes, fill or other obstruction, the storage of materials or equipment, excavation, or alteration of a watercourse. Dubuque, IA-UDC Adopted 00/OOJ0000 142 Section II -Land Use Regulations Article 6 -Overlay Districts 1. Agricultural uses such as general farming, pasture, grazing, outdoor plant nurseries; horticulture, viticulture, truck farming, forestry, sod farming, and wild crop harvesting. 2. Accessory uses of land for industrial/commercial uses such as loading areas, parking areas, airport landing strips. 3. Private and public recreational uses such as golf courses, tennis courts, ball fields, driving ranges, archery ranges, picnic grounds, transient camping and recreational vehicle facilities, boat launching ramps, swimming areas, parks, wildlife and nature preserves, game farms, fish hatcheries, shooting preserves, target ranges, trap and skeet ranges, hunting and fishing areas, hiking and horseback riding trails. 4. Residential uses of land such as lawns, gardens, parking areas and play areas. 5. Such other open space uses similar in nature to the above uses. 6. Conditional uses. The following uses which involve structures (temporary or permanent), fill, storage of materials or equipment may be permitted only upon issuance of a conditional use permit by the Zoning Board of Adjustment as provided for in Article 8 Such uses must also meet the applicable provisions of the Floodway District performance standards. 7. Uses or structures accessory to open-space uses. 8. Circuses, carnivals, and similar transient amusement enterprises. 9. Drive-in theaters, new and used car lots, roadside stands, signs, and billboards. 10. Extraction of sands, gravel, and other materials. 1 1. Marinas, boat rentals, docks, piers, wharves. 12. Utility transmission lines, underground pipelines. 13. Other uses similar in nature to the above described uses and which are consistent with the general spirit and purposes of this Code. B. Performance standards. All permitted or conditional uses must be consistent with the need to minimize flood damage and shall meet the following applicable performance standards: 1. No use shall be permitted in the Floodway Overlay District that would result in any increase in the one hundred-year flood level. Consideration of the effects of any development on flood levels shall be based upon the assumption that an equal degree of development would be allowed for similarly situated lands. 2. All uses within the Floodway Overlay District shall: Dubuque, IA UDC Adopted 00/00/0000 143 Section II -Land Use Regulations Article 6 -Overlay Districts i. Be consistent with the need to minimize flood damage. ii. Use construction methods and practices that will minimize flood damage. iii. Use construction materials and utility equipment that are resistant to flood damage. 3. No use shall affect the capacity or conveyance of the channel or floodway or any tributary to the main stream, drainage ditch, or any other drainage facility or system. 4. Structures and sanitary and utility systems, if permitted, shall meet the applicable performance standards of the Floodway Fringe Overlay District and shall be constructed or aligned to present the minimum possible resistance to flood flows. 5. Structures, if permitted, shall have a low flood damage potential and shall not be for human habitation. 6. Storage of materials or equipment that are buoyant, flammable, explosive or injurious to human, animal or plant life is prohibited. Storage of other material may be allowed if readily removable from the Floodway District within the time available after flood warning. 7. Watercourse alterations or relocations (channel changes and modifications) must be designed to maintain the flood carrying capacity within the altered or relocated portion. In addition, such alterations or relocations must be approved by the department of natural resources. 8. Any fill allowed in the floodway must be shown to have some beneficial purpose and shall be limited to the minimum amount necessary. 9. Pipeline river or stream crossings shall be buried in the streambed and banks or otherwise sufficiently protected to prevent rupture due to channel degradation and meandering or due to the action of flood flows. 6-4.11 Floodway Fringe Overlay District (FF) A. Permitted uses. All uses within the Floodway Fringe Overlay District shall be permitted to the extent that they'are not prohibited by any other ordinance (or underlying zoning district) and provided they meet applicable performance standards of the Floodway Fringe Overlay District. However, on the Mississippi River or on islands therein, no use will be allowed unless identified as not being a floodway area by the department of natural resources. In which case, if a floodway area is identified, the provisions of the FW Floodway Overlay District will apply. B. Performance standards. All uses must be consistent with the need to minimize flood damage and shall meet the following applicable performance standards: 1. All structures shall be: Dubuque, IA UDC Adopted 00/00/0000 144 Section II -Land Use Regulations Article 6 -Overlay Districts i. Adequately anchored to prevent flotation, collapse or lateral movement of the structure; ii. Constructed with materials and utility equipment resistant to flood damage; and iii. Constructed by methods and practices that minimize flood damage. 2. All new and substantially improved structures: i. Fully enclosed areas below the "lowest floor" (not including basements) that are subject to flooding shall be designed to automatically equalize hydrostatic flood forces on exterior walls by allowing for the entry and exit of floodwaters. Designs for meeting this requirement must be certified by a professional engineer registered in the State of Iowa. ii. New and substantially improved structures must be adequately anchored to prevent flotation, collapse, or lateral movement of the structure resulting from hydrodynamic and hydrostatic loads, including the effects of buoyancy. Designs for meeting this requirement must be certified by a professional engineer registered in the State of Iowa. iii. New and substantially improved structures must be constructed with electrical, heating, ventilation, plumbing, and air conditioning equipment and other service facilities that are designed and located so as to prevent water from entering or accumulating within the components during conditions of flooding. Designs for meeting this requirement must be certified by a professional engineer registered in the State of Iowa. 3. Residential buildings. All new or substantially improved residential structures shall have the lowest floor, including basements, elevated a minimum of one foot above the one hundred-year flood level. Construction shall be upon compacted fill which shall, at all points, be no lower than one foot above the one hundred-year flood level and extend at such elevation at least 18 feet beyond the limits of any structure erected thereon. Alternate methods of elevating (such as piers) maybe allowed, subject to favorable consideration by the Zoning Board of Adjustment and issuance of a variance, where existing topography, street grades, or other factors preclude elevating by fill. In such cases, the methods used must be adequate to support the structure as well as withstanding the various forces and hazards associated with flooding. All new residential buildings shall be provided with a means of access which will be passable by wheeled vehicles during the 100-year flood. 4. Nonresidential buildings. All new and substantially improved nonresidential buildings shall have the lowest floor (including basement) elevated a minimum of one foot above the 100-year flood level, or together with attendant utility and sanitary systems, be floodproofed to such a level. When floodproofing is utilized, a professional engineer registered in the State of Iowa shall certify that the floodproofing methods used are adequate to withstand the flood depths, pressures, velocities, impact and uplift forces and other factors associated with the one Dubuque, IA UDC Adopted 00/00/0000 145 Section II -Land Use Regulations Article 6 -Overlay Districts hundred-year flood; and that the structures, below the 100-year flood level, are watertight with walls substantially impermeable to the passage of water. A record of the certification indicating the specific elevation (in relation to National Geodetic Vertical Datum) to which any structures are floodproofed shall be maintained by the City Planner. 5. Factory-built homes: i. Factory-built homes including those placed in existing factory-built home parks or subdivisions shall be anchored to resist flotation, collapse, or lateral movement. ii. Factory-built homes including those placed in existing factory-built home parks or subdivisions shall be elevated on a permanent foundation such that the lowest floor of the structure is a minimum of one foot above the 100-year flood level. 6. Utility and .sanitary systems: i. All new and replacement sanitary sewage systems shall be designed to minimize and eliminate infiltration of flood waters into the system as well as the discharge of effluent into flood water. Wastewater treatment facilities shall be provided with a level of flood protection equal to or greater than one foot above the 100-year flood elevation. ii. On-site waste disposal systems shall be located or designed to avoid impairment to the system or contamination from the system during flooding. iii. New or replacement water supply systems shall be designed to minimize or eliminate infiltration of flood waters into the system. Water supply treatment facilities shall be provided with a level of protection equal to or greater than one foot above the one hundred-year flood elevation. iv. Utilities such as gas or electrical systems shall be located and constructed to minimize or eliminate flood damage to the system and the risk associated with such flood damaged or impaired systems. v. All such systems shall be certified as meeting these requirements by a professional engineer registered in the State of Iowa. 7. Storage of materials and equipment that are flammable, explosive or injurious to human, animal or plant life is prohibited unless elevated a minimum of one foot above the 100-year flood level. Other material and equipment must either be similarly elevated or (i) not be subject to major flood damage and be anchored to prevent movement due to flood waters or (ii) be readily removable from the area within the time available after flood warning. 8. Flood control structural works such as levees and flood walls shall provide, at a minimum, protection from a one hundred-year flood with a minimum of three feet of design freeboard and shall provide for adequate interior drainage. In addition, Dubuque, IA UDC Adopted 00/00/0000 146 Section II -Land Use Regulations Article 6 -Overlay Districts structural flood control works shall be approved by the department of natural resources. 9. No use shall affect the capacity or conveyance of the channel or floodway of any tributary to the main stream, drainage ditch, or other drainage facility or system. 10. Subdivisions (including factory-built home parks and subdivisions) shall be consistent with the need to minimize flood damages and shall have adequate drainage provided to reduce exposure to flood damage. Development associated with subdivision proposals shall meet the applicable performance standards.. Subdivision proposals intended for residential development shall provide all lots with a means of vehicular access that will remain dry during occurrence of the 100-year flood. 11. The exemption of detached garages, sheds, and similar structures less than 300 square feet in area from the 100-year flood elevation requirements may result in increased premium rates for insurance coverage of the structure and contents; however, said detached garages, sheds, and similar accessory type structures are exempt from the 100-year flood elevation requirements, provided: i. The structures shall not be used for human habitation. ii. The structure shall be designed to have low flood damage potential. iii. The structure shall be constructed and placed on the building site so as to offer minimum resistance to the flow of floodwaters. iv. Structures shall be firmly anchored to prevent flotation which may result in damage to other structures. v. The structure's service facility such as electrical and heating equipment shall be elevated or floodproofed to at least one foot above the one hundred-year flood level. vi. All such structures shall be certified as meeting these requirements by a professional engineer registered in the State of Iowa. 6-4.12 General Floodplain Overlay District (FP) A. Permitted uses. The following uses shall be permitted within the General Floodplain Overlay District to the extent they are not prohibited by any other ordinance (or underlying zoning district) and provided they do not include placement of structures, factory-built homes, fill or other obstruction, the storage of materials or equipment, excavation, or alteration of a watercourse. Agricultural uses such as general farming, pasture, grazing, outdoor plant nurseries, horticulture, viticulture, truck farming, forestry, sod farming, and wild crop harvesting. Dubuque, IA UDC Adopted 00/00/0000 147 Section II -Land Use Regulations Article 6 -Overlay Districts 2. Accessory uses of land for industrial/commercial uses such as loading areas, parking areas, airport landing strips. 3. Private and public recreation uses such as golf courses, tennis courts, ball fields, driving ranges, archery ranges, picnic grounds, transient camping and recreational vehicle facilities, boat launching ramps, swimming areas, parks, wildlife and nature preserves, game farms, fish hatcheries, shooting preserves, target ranges, trap and skeet ranges, hunting and fishing areas, hiking and horseback riding trails. 4. Residential uses of land such as lawns, gardens, parking areas and play areas. 5. Such other open space uses similar in nature to the above uses. B. Conditional uses. Any uses which involve placement of structures, factory-built homes, fill or other obstructions, the storage of materials or equipment, excavation or alteration of a watercourse maybe allowed only upon issuance of a conditional use permit by the Board of Adjustment. All such uses shall be reviewed by the department of natural resources to determine (i) whether the land involved is either wholly or partly within the floodway or floodway fringe and (ii) the 100-year flood level. The applicant shall be responsible for providing the department of natural resources with sufficient technical information to make the determination. C. Performance standards. 1. All conditional uses, or portions thereof, to be located in the floodway as determined by the department of natural resources shall meet the applicable provisions and standards of the Floodway Overlay District. 2. All conditional uses, or portions thereof, to be located in the floodway fringe as determined by the department of natural resources shall meet the applicable standards of the Floodway Fringe Overlay District. 6-4.13 Floodplain Overlay District Administration A. Appointment, duties and responsibilities of City Planner. 1. A City Planner designated by the City Manager shall administer and enforce this Code and will herein be referred to as the administrator. 2. Duties and responsibilities of the administrator shall include, but not necessarily be limited to, the following: i. Review all floodplain development permit applications to ensure that the provisions of this Code will be satisfied. ii. Review all floodplain development permit applications to ensure that all necessary permits have been obtained from federal, state or local governmental agencies. Dubuque, IA UDC Adopted 00/00/0000 148 Section II -Land Use Regulations Article 6 -Overlay Districts iii. Record and maintain a record of (i) the elevation (in relation to National Geodetic Vertical Datum) of the lowest. floor of all new or substantially improved structures or (ii) the elevation to which new or substantially improved structures have been floodproofed. iv. Notify adjacent communities and/or counties and the department of natural resources prior to any proposed alteration or relocation of a watercourse and submit evidence of such notifications to the Federal Insurance Administrator. v. Keep a record of all permits, conditional uses, appeals, variances and such other transactions and correspondence pertaining to the administration of this Code. vi. Submit to the Federal Insurance Administrator an annual report concerning the community's participation, utilizing the annual report form supplied by the Federal Insurance Administrator. vii. Notify the Federal Insurance Administration of any annexations or modifications to the community's boundaries as part of the annual report. viii. Review subdivision proposals to ensure such proposals are consistent with the purpose of this Code and advise the City Council of potential conflicts. B. Floodplain development permit. 1. Permit required. A floodplain development permit issued by the administrator shall be secured prior to initiation of any floodplain development (any manmade change to improved or unimproved real estate, including but not limited to buildings or other structures, mining, filling, grading, paving, excavation or drilling operations) including the placement of factory-built homes in both the Floodway, Floodway Fringe and General Floodplain Overlay Districts. 2. Application for permit. Application for a floodplain development permit shall be made on forms supplied by the administrator and shall include the following information. i. Description of and plans for the work to be covered by the permit for which application is to be made. ii. Description of the land on which the proposed work is to be done (i.e., lot, block, tract, street address or similar description) that will readily identify and located the work to be done. iii. Identification of the use or occupancy for which the proposed work is intended. iv. Elevation of the 100-year flood. Dubuque, IA UDC Adopted 00/00/0000 149 Section II -Land Use Regulations Article 6 -Overlay Districts v. Elevation (in relation to National Geodetic Vertical Datum) of the lowest floor (including basement) of the structure or of the level to which a structure is to be floodproofed. vi. For structures being improved or rebuilt, the estimated cost of improvements and market value of the structure prior to the improvements. vii. All certifications by a professional engineer registered in the State of Iowa as required by this Code. viii. Such other information as the administrator deems reasonably necessary for the purpose of this Code. 3. Action for permit application. The administrator shall make a determination as to whether the proposed floodplain development meets the applicable provisions and standards of this Code and shall approve or disapprove the application. For disapprovals, the applicant shall be informed, in writing, of the specific reasons therefore. The administrator shall not issue permits for conditional uses or variances except as directed by the Zoning Board of Adjustment. 4. As built certification. The applicant shall be required, prior to the use or occupancy of any structure or development, to submit certification by a professional engineer registered in the State of Iowa that the work authorized by the floodplain development permit was accomplished in compliance with this Code. Any use, arrangement, or construction in conflict with that authorized shall be deemed a violation of this Code. 6-4.14 Zoning Board of Adjustment Action Authorized A. The Zoning Board of Adjustment shall hear and decide applications for conditional uses, appeals and variances. B. Conditional uses. Requests for conditional uses shall be submitted to the administrator, who shall forward such to the Board for consideration. Such requests shall include information ordinarily submitted with applications as well as any additional information deemed necessary by the Board. C. Appeals. Where it is alleged there is any error in any order, requirement, decision, or determination made by an administrative official in the enforcement of this Code, the aggrieved party may appeal such action. The notice of appeal shall be filed with the Board and with the official from whom the appeal is taken and shall set forth the specific reason for the appeal. The official from whom the appeal is taken shall transmit to the Board all the papers constituting the record upon which the action appealed from was taken. D. Variances. The Board may authorize, upon request in specific cases, such variances from the terms of this Code that will not be contrary to the public interest, where owing to Dubuque, IA UDC Adopted 00/00/0000 150 Section II -Land Use Regulations Article 6 -Overlay Districts special conditions a literal enforcement of the provisions of this Code will result in unnecessary hardship. Variances granted must meet the following applicable standards: 1. No variances shall be granted for any development within the Floodway Overlay District which would result in any increase in the 100-year level. Consideration of the effects of any development on flood levels shall be based upon the assumption that an equal degree of development would be allowed for similarly situated lands. 2. Variances shall only be granted upon (i) a showing of good and sufficient cause, (ii) a determination that failure to grant the variance would result in exceptional hardship to the applicant, and (iii) a determination that the granting of the variance will not result in increased flood heights, additional threats to public safety, or extraordinary public expense, create nuisances, or cause fraud on or victimization of the public. 3. A variance shall only be granted upon a determination that the variance is the minimum necessary considering the flood hazard, to afford relief. 4. In cases where the variance involves a lower level of flood protection for structures than what is ordinarily required by this Code, the applicant shall be notified in writing over the signature of the City Planner that (i) the issuance of a variance will result in increased premium rates for flood insurance ccp and (ii) such construction increases risks to life and property. 5. All variances granted shall have the concurrence or approval of the department of natural resources. E. Board decisions. In passing upon requests for conditional uses and variances, the Board shall consider all relevant factors specified in other sections of this Code and: 1. The danger to life and property due to increased flood heights or velocities caused by encroachments. 2. The danger that materials may be swept on to other lands or downstream to the injury of others. 3. The proposed water supply and sanitation systems and the ability of these systems to prevent disease, contamination and unsanitary conditions. 4. The susceptibility of the proposed facility and its contents to flood damage and the effect of such damage on the individual owner. 5. The importance of the services provided by the proposed facility to the community. 6. The requirements of the facility for a floodplain location. 7. The availability of alternative locations not subject to flooding for the proposed use. Dubuque, IA UDC Adopted 00/00/0000 151 Section II -Land Use Regulations Article 6 -Overlay Districts 8. The compatibility of the proposed use with existing development and development anticipated in the foreseeable future. 9. The relationship of the proposed use to the comprehensive plan and floodplain management program for the area. 10. The safety of access to the property in times of flood for ordinary and emergency vehicles. 11. The expected heights, velocity, duration, rate of rise and sediment transport of the flood water expected at the site. 12. Such other factors which are relevant to the purpose of this Code. F. Conditions attached to conditional uses or variances. Upon consideration of the factors listed above, the Board may attach such conditions to the granting of conditional uses and variances as it deems necessary to further the purpose of this Code. Such conditions may include, but riot necessarily be limited to: 1. Modification of waste disposal and water supply facilities; 2. Limitation on periods of use and operation; 3. Imposition of operational controls, sureties and deed restrictions; 4. Requirements for construction of channel modification, dikes, levees, and other protective measures, provided such are approved by the department of natural resources and are deemed the only practical ^'altei~iative to achieving the purposes of this Code; and Floodproofing measures which shall be designed consistent with the flood protection elevation for the particular area, flood velocities, durations, rate of rise, hydrostatic and hydrodynamic forces, and other factors associated with the regulatory flood and that the applicant submit a plan or document certified by a professional engineer registered in the State of Iowa that the floodproofing measures are consistent with the regulatory flood protection elevation and associated flood factors for the particular area. Dubuque, IA UDC Adopted 00/00/0000 152 Section II -Land Use Regulations Article 6 -Overlay Districts Dubuque, IA UDC Adopted 00/00/0000 153 Section II -Land Use Regulations Article 6 -Overlay Districts Dubuque, IA UDC Adopted 00/00/0000 154 Section II -Land Use Regulations Article 6 -Overlay Districts Dubuque, IA UDC Adopted 00/00/0000 155 Section II -Land Use Regulations Article 6 -Overlay Districts Sr. 6-5 Airport Overlay District RESERVED FOR FUTURE USE 6-6 OTND Old Town Neighborhood District Overlay Dubuque, IA UDC Adopted 00/00/0000 156 Section II -Land Use Regulations Article 6 -Overlay Districts It is recognized that the older areas of Dubuque primarily in the downtown and surrounding neighborhoods require site design standards that respect the historic context of their development. 6-6.1 Purpose The OTND is characterized by older building stock and a mix of densely developed commercial and residential structures built on small lots served by alleys. The OTND includes Dubuque's historic downtown core, the Central Avenue and Rhomberg Avenue business corridors, older neighborhood commercial nodes often located on corner lots and a mix of single and multi-family housing located on separate lots or as upper story apartments. The purpose and intent of the OTND is to protect, conserve, and preserve the character, integrity and historic building stock in areas of the city where strict application of site design standards for new conunercial and multi-family residential development are difficult to apply due to the dense development patterns of these older areas. Often, application of such "suburban-style" standards may lead to demolition of existing structures or may limit redevelopment of commercial and multi-family structures or properties in the TND. 6-6.2 OTND Boundary The OTND includes the City's locally-designated historic districts, conservation districts, and conservation planning areas as defined in Article 10 of this Code, and those areas included in the City's phased Historic/Architectural Survey/Evaluation. 6-6.3 OTND Design Guidelines OTND design guidelines enable property owners to renovate, redevelop or expand their businesses or buildings within a framework sensitive to their neighborhood character and surrounding environs. 6-6.4 Applicability This section shall apply to all lands within the jurisdiction of the City shown on the official zoning map as being within the OTND Old Town Neighborhood District Overlay. Dubuque, IA UDC Adopted 00/00/0000 157 Section II -Zoning Regulations Article 7 -Supplemental Regulations Article 7: Supplemental Use Regulations 7-1 t-Iomc-Based Businesses 7-1.1 General Provisions A. Home eE~based businesses shall be permitted as accessory uses within principal residential dwellings provided they meet the following provisions and the requirements of the district in which located. Ahomebased business shall not be permitted that: 1. Changes the outside appearance of the dwelling or is visible from the street; 2. Generates traffic, parking, sewerage or water use in excess of what is normal in the residential neighborhood; 3. Creates a hazard to person or property, results in electrical interference, or becomes a nuisance; 4. Results in outside storage or display of any kind; 5. Employs other than self or family members residing on the premises; 6. Occupies more than 25 percent of the total floor area of the dwelling unit; 7. Requires deliveries of materials to and from the premises involving the use of vehicles over two ton capacity, except parcel post or similar parcel service vehicles; 8. Produces noise, vibration, smoke, odors, heat or glare as a result of a lx e3Honle-based business which would exceed that normally produced by a single residence as determined by the City Planner; 9. Advertises, using other than a name, phone number and post office box. B. Customer and client contact shall be primarily by telephone or mail and not on the premises of the home-based business, , except those home~based businesses esuch as tutoring, teaching, child care or personal services which cannot be conducted without personal contact and as permitted in the following section. C. Services or sales conducted on the premises shall be by appointment only and shall not be oriented toward, or attract, off-the-street customer or client traffic. 7-1.2 Permitted Home-Based Business ecrta-ei;Uses The following are permitted as home-based businesses,-ees, provided such professional, business, or office activities are conducted in a manner that is clearly accessory and incidental to the residential use of the premises: Dubuque, IA UDC Adopted 00/00/0000 158 Section II -Zoning Regulations Article 7 -Supplemental Regulations A. Art studio B. Cake decorating C. Ceramics D. Computer programming E. Consultant services F. Child care (not including licensed child care center)a eChildcare b • ) b .f G. Licensed adult day services E:H. Dressmaking, sewing and tailoring I. Film processing J. Home cooking and preserving 3-K. Home crafts L. Home office M. Home products distributors :N. Income tax preparations O. Insurance sales persons P. Mailing services Q. Online business R. Painting, sculpt~rring and writing S.Teaching limited to four persons at one time gT. Telephone answering U. Tutoring limited to four persons at one time V. Typist/stenographer Dubuque, IA UDC Adopted 00/00/0000 159 Section II -Zoning Regulations Article 7 -Supplemental Regulations 7-1.3 Prohibited Home-Based Business -Uses The following uses shall be specifically prohibited as home-based businesses:-;ei-ens: A. Barber and beauty shops B. Automobile repair, except that an individual residing on the premises may service such individual's own vehicle providing that the provisions of Section 7-1.1 are met and that no repairs shall take place between the hours of 9:00 p.m. to 9:00 a.m. C. Antique/furniture refinishing for resale on the premise or as a service for the general public D. Recycling or salvage operations E. Small engine repair F. Contractor's shop G. Welding services r 7-1.4 Home-Based Businesses as Conditional Uses Any proposed home-based businesses eernot specifically prohibited ol• that employs up to two (2) people who do not reside within the home 133= mac??herein shall be considered a conditional use and be granted or denied by the Zoning Board of Adjustment upon finding that the proposed home-based business eel-can meet the provisions of sec-tithis section. 7-2 Towers and Antennas The Communications Act of 1934, as amended by the Telecommunications Act of 1996 (Act) grants the Federal Conununications Commission (FCC) exclusive jurisdiction over certain aspects of telecommunication services. This section is intended to regulate towers, telecommunications facilities and antennas in the City in conformance with the Act without prohibiting or tending to prohibit any person from providing wireless telecommunication service. 7-2.1 Definitions All terms in this Section which are not specifically defined herein shall be construed in accordance with the Communications Act of 1934, the Telecommunications Act of 1996 and Dubuque, IA UDC Adopted 00/00/0000 160 Section II -Zoning Regulations Article 7 -Supplemental Regulations the Rules and Regulations of the Federal Communications Commission (FCC). As used in this Section, the following terms shall have the following meanings: Accessory Facility or Structure means an accessory facility or structure serving or being used in conjunction with an antenna, and located on the same property or lot as the wireless telecommunications facilities, including but not limited to utility or transmission equipment, storage sheds or cabinets. ANSL American National Standards Institute. Antenna: any exterior transmitting, reception or receiving device mounted on a tower, building or freestanding structure and used in transmission or reception of electromagnetic waves, digital signals, analog signals, radio frequencies (excluding radar signals), wireless telecommunication signals or other communication signals. Antenna Array: a grouping of antennas that encompasses both transmitter(s) and receiver(s) of a single wireless telecommunication provider Antenna Support Structure: any structure other than a communications tower which can be used for supporting an antenna or antenna array attached to a host structure which does not extend more than 30 feet above the highest point of the host structure. FAA: Federal Aviation Administration. FCC: Federal Communications Commission. Height means when referring to a tower or structure, the distance measured from the pre- existing grade level to the highest point on the tower or structure, even if said highest point is an antemla or lightening protection device. Telecommunications means the hansmission and/or reception of audio, video, data and other information by wire, radio frequency, light, and other electronic or electromagnetic systems. Satellite Dish Antenna: an antenna consisting of a radiation element intended for transmitting or receiving television, radio, microwave, or radiation signals and supported by a structure with or without a reflective component to the radiating dish, usually circular in shape. Stealth Construction:: aAny telecommunications facility, tower, or antenna which is designed to enhance compatibility with adjacent land uses, including, but not limited to, architecturally screened roof-mounted antemlas, antennas integrated into architectural elements, and towers designed to look other than a tower, such as light poles, power poles and trees. Communications Tower: any ground mounted structure that is designed, ~-constructed and used p13=for the purpose of supporting one or more antennas, including self- Dubuque, IA UDC Adopted 00/00/0000 161 Section II -Zoning Regulations Article 7 -Supplemental Regulations supporting lattice towers, guyed towers, or monopole towers. ' Tower Height: the distance measured from the grade level at the base of the tower to the highest point on the tower, including any antenna mounted on the tower. Support Facilities: support buildings, boxes, cabinets or similar structures containing electrical or mechanical equipment and developed for the reception or transmission of electromagnetic waves, digital signals, analog signals, radio frequencies (excluding radar signals), wireless telecommunication signals or other communication signals. 7-2.2 Applicability A. Nonessential Services: 1. Wireless telecommunication towers and antennas shall be regulated pursuant to this section and not regulated as essential service, public utility or private utility. B. Exclusions: The following shall be exempted from this Code: 1. Fire, police, transportation or other public service facilities owned and operated by local governments. 2. Any facilities expressly exempt from the City's siting, building, and permitting authority. 3. Over-the Air reception devices including the reception antennas for direct broadcast satellites (DBS), multichannel multipoint distribution (wireless cable) providers (MMDS), television broadcast stations (TVBS) and other customer-end antennas that receive and transmit fixed wireless signals that are primarily used for reception. 4. Facilities exclusively for private, non-commercial radio and television reception and private citizen's bands, licensed amateur radio and other similar non-commercial teleconununications. 5. Facilities exclusively for providing unlicensed spread spectrum technologies (such as IEEE 802.1 la, b, g (Wi-Fi and Bluetooth) where the facility does not require a new tower. Dubuque, IA UDC Adopted 00/00/0000 _162 Section II -Zoning Regulations Article 7 -Supplemental Regulations 7-2.3 Communication Tower Standards A. No connnunication tower or associated support facilities shall be constructed, except in conformance with this section. B. Guy wires and other support facilities shall conform to the setback requirements for the underlying zoning district. C. Communication Mowers are prohibited within POS Districts D. Communication Mowers are prohibited within historic districts and within 1,000 feet of a historic district. E. Communication Towers are subject to the following bulk regulations: Agricultural, Residential, Single-user: 75 feet Office, Conditional Use' OR Multiple-user: Commercial, Permit 100% of tower 150 feet Institutional, height PUD Permitted Height allowed by Industrial underlying district F. Site plans for communication towers shall be submitted and reviewed as major site plans. Site plan applications shall be prepared to show all information currently required by the City, a list of which shall be available from the Plamiing Services Department. Dubuque, IA UDC Adopted 00/00/0000 163 Section II -Zoning Regulations Article 7 -Supplemental Regulations 7-2.4 Antennas Antennas, and their essential support facilities, shall be allowed as a permitted use in any zoning district subject to the following: A. A simple site plan shall be submitted for each antenna or antenna array providing the following information: 1. Mounting location of proposed antenna or antenna array on host structure. 2. Description of antenna or antenna array height and width, including a photo (if available) or other visual representation. 3. Proof of ownership of the proposed site or authorization to utilize it. B. The antenna does not extend more than 30 feet above the highest point of the host structure. C. Antennas may be mounted on nonresidential structures, including, but not limited to, existing towers, traffic signals, streetlights, water towers, billboards, telephone tower and emergency signal poles, bridges, and parking deck structures. D. Antennas or antenna arrays shall comply with the maximum height requirement of the zoning district in which they are located. Applicants proposing an antenna higher than allowed by the zoning district in which it will be located may apply for a variance to the Zoning Board of Adjustment. E. No antenna or antenna array may, by virtue of this Section, occupy, encroach or "overhang" any public right of way without the expressed approval of the City. F. Each antenna installation shall require a separate building permit. Dubuque, IA UDC Adopted 00/00/0000 164 Section II -Zoning Regulations Article 7 -Supplemental Regulations G. A building permit for the installation of an antenna in an historic district requires the prior issuance of a certificate of appropriateness from the Historic Preservation Commission. 7-2.5 Conditional Use Permit Application A. An applicant proposing a , communication tower that requires a conditional use permit for construction in the zoning district for which it is proposed shall submit of which shall be available from the Planning Services Department. B. After receipt of an application for a conditional use permit, the Planning gServices Department shall schedule a public hearing before the Zoning Board of Adjustment, following all statutory requirements for publication and notice, to consider such application. The Zoning Board of Adjustment shall receive t~stime~-evidence on the conditional use permit. The Zoning Board of Adjustment may approve the conditional use permit as requested in the pending application with any conditions or safeguards, including stealth construction, it deems reasonable and appropriate based upon the application and/or input received at the public hearings or deny the application. 7-2.6 Security Fencing All self-supporting lattice or guyed communication towers shall be enclosed within a security fence or other structure designed to preclude unauthorized access. Monopole communication towers shall be designed and constricted in a manner which will preclude to the extent practical, unauthorized climbing of said structure. Dubuque, IA UDC Adopted 00/00/0000 165 Section II -Zoning Regulations Article 7 -Supplemental Regulations 7-2.~7 Exterior Finish Communication Toowers not requiring FAA painting or marking shall have a neutral exterior finish which ei~llances compatibility with adjacent land uses and reduces visual impact, subject to review and approval by the Zoning Board of Adjustment as part of the application approval process. 7-2.88 Landscaping All tracts of land on which communication towers, antenna support structures, support facilities and/or antennas are located shall be subject to the following landscaping requirements A. Support facilities and communication tower bases shall be landscaped with a buffer of plant materials that effectively screens from view the tower base and any support facilities from adjacent property or street. The plantings installed shall be of a size and species that can achieve a height of six feet and 75 percent opacity within three growing seasons. B. In locations where the visual impact of the tower and support facilities would be minimal, the landscape requirement maybe reduced or waived by the City Planner. C. Existing mature tree growth and natural land forms on the property shall be preserved to the maximum extent possible. Natural growth around the property perimeter maybe considered a sufficient buffer for a proposed tower and support facilities as determined by the City Planner. 7-2.199 Lighting Towers shall not be illuminated unless required to conform to FAA or other governmental regulations. 7-2.109 Maintenance, Repair, and Modification A. All communication towers, antenna support structures, support facilities and antennas constructed or under construction on the date of approval of this regulation may continue in existence as anon-conforming structure and may be maintained or repaired without complying with any of the requirements of this Section. Nonconforming structures or uses may not be enlarged or the degree of nonconformance increased without complying with this Section. Any modification or reconstruction of a tower, antenna support structure, support facilities and antennas constructed or under construction on the date of approval of this regulation shall be required to comply with the requirements of this Section. B. Communication Towers, antenna support structuressupport facilities and antennas constructed under authority of this section shall at all times be kept and maintained in good condition, order and repair so that the same does not constitute a nuisance to or a dander to the life or property of any person or the public. Dubuque, IA UDC Adopted 00/00/0000 166 Section II -Zoning Regulations 7-2.11 Support Facilities Article 7 -Supplemental Regulations A. Support facilities shall be of a color and construction that is compatible with surrounding development. B. Support facilities shall not be more than 400 square feet of gross floor area and more than 12 feet in height. C. Setbacks for support facilities shall be the same as the setbacks required for other structures in the zoning district in which they are located. 7-2.12? Removal of Communication Towers and Antennas A. The operator of a communication tower shall provide the City with a copy of any notice submitted to the FCC stating their intent to cease operations. The operator or the land owner shall have 90 days from the last date of operations to remove the tower and support facilities: B. Any antenna or communication tower that is not operated for a continuous period of 12 months shall be considered abandoned, and the e~vx~e~operator of such antenna or tower or the land owner shall remove the same within 90 days of notice from the City to remove the tower or antenna. A maximum of two 12 month extensions may be granted by the City Planner if the tower operator is actively seeking tenants for the tower. wee: C. If the e-wncroperator or laird owner of a tower fails, after notice, to remove the tower, the City shall begin the civil citation process. 7-2.1313 Nonconforming Communication Towers and Antennas Any existing comnnulication tower or antenna which becomes nonconforming on the effective date hereof or becomes nonconforming at any future date shall be regulated according to the rules set forth in Article 4, except as follows: A. New antennas and support facilities maybe mounted on a nonconforming communication tower. B. A nonconforming communication tower within 1,000 feet of an historic preservation district shall be considered a legal nonconforming tower. As such, the tower may remain until it has been abandoned. C. Should any lawful nonconforming communication tower be destroyed by any means to an extent of more than 75 percent of its replacement cost at the time of destruction, it may only be reconstructed in conformance with the provisions of this Section, provided that the destruction was caused by an accident or act of God occurring after the adoption of this Section and such reconstruction does not increase the degree of nonconformity that existed prior to destruction. Dubuque, IA UDC Adopted 00/00/0000 167 Section II -Zoning Regulations Article 7 -Supplemental Regulations 7-2.141--1 Satellite Dish Antenna Regulations Satellite dish antennas may be permitted as accessory uses provided a site plan is submitted and approved in accordance with Article 12. A. Not more than one ground mounted dish shall be placed on any lot less than one-half acre; and B. Dishes shall not exceed 10 feet in diameter; and C. Dishes shall be made of noncombustible and corrosive resistant material and erected in a secure, wind resistant manner according to the specifications of the building official; and D. Dishes shall not be used as signs or billboards (on or off premises signs); and E. Ground mounted dishes shall only be permitted in rear yards, except that on corner lots dishes shall be allowed in side yards; and F. Roof mounted satellite dishes shall be allowed in all nonresidential districts provided that the additional requirements shall apply: 1. The height does not exceed the maximum height restrictions of buildings within the zoning district; and 2. The dish location is a minimum of five feet from any property line; and 3. In lieu of a site plan a building elevation drawing shall be required to indicate compliance with height and setback regulations; 4. Shall not exceed either 10 feet in diameter for circular shapes or 40 square feet for other than circular shapes. 7-3 Wind Energy Conversion Systems 7-3.1 Purpose In order to balance the need for clean renewable energy resources and the necessity to protect *"*"the health safety and welfare of the community, the City of Dubuque finds these regulations are necessary to ensure that wind energy conversion systems are propriately sited within the community. 7-3.2 Definitions For purposes of this Section the following ternls shall have the meaning herein ascribed to them: Building-Mounted Wind Turbine (BMWT): a wind ener~y conversion system consistin of a wind turbine mounting system and associated control or conversion electronics and which is mounted to a building and intended to primarily reduce on-site constmiption of utility power. Dubuque, IA UDC Adopted 00/00/0000 168 Section II -Zoning Regulations Article 7 -Supplemental Regulations Commercial Wind Enerey Conversion System (CWECS): an electrical generating facility comprised of one or more wind turbines and accessory facilities generating capacityl including but not limited to: power lines, transformers, substations and meteorological towers that operate by converting the kinetic energy of wind into electrical energy. The energy generated will be used by a utility company for off-site use. FAA: Federal Aviation Administration. FCC: Federal Communications Commission. Hub Height: the distance from ground level as measured to the centerline of the rotor. Residential Wind Ener~y Conversion System (RWECS): a wind ener~y conversion system consisting of a wind turbine, tower, and associated control or conversion electronics, and which is intended to primarily reduce on-site consumption of utility_power. A system is considered a residential wind energy system only if it supplies electrical power solely for on- site use except that when a parcel on which the system is installed also receives electrical Rotor Diameter: the diameter of the circle described by the moving rotor blades. Small Wind Ener~y Conversion System (SWECS): a wind ener~y conversion system consisting of a wind turbine, a tower, and associated control or conversion electronics, and which will be used primarily to reduce on-site consumption of utility power. Total Height: the highest point, above ground level, reached by a rotor tip or any other part of the Wind Enemy Conversion System. Tower Height: the height above grade of the fixed portion of the tower, excluding the wind turbine itself. Wind Enery Conversion System (WECS): an areation of parts including the base, tower, generator, rotor, blades, supports, guy wires and accessory equipment such as utility interconnect and battery banks, etc., in such configuration as necessary to convert the power of wind into mechanical or electrical energy, e.g., wind charger, windmill or wind turbine. Wind Turbines: any piece of electrical generating equipment that converts the kinetic energy of blowing wind into electrical energy using airfoils or similar devices to capture the wind. 7-3.3 Residential Wind Enerw Conversion System (RWECS) A. The requirements for siting and construction of all Residential Wind Energy Conversion Systems regulated by this section shall include the following: Dubuque, IA UDC Adopted 00/00/0000 169 Section II -Zoning Regulations Article 7 -Supplemental Regulations 1. Wind energy towers shall to the extent possible blend into the surrounding environment and architecture including painting_to reduce visual obtrusiveness. The Planning Services Manager may require a photo of an RWECS system of the same model that is the subject of the landowner's application adjacent to a building or some other object illustrating scale (e.g., manufacturer's photo). 2. RWECS shall not be artificially lighted unless required by the FAA or appropriate authority. 3. No tower should have any sign writing or picture that maybe construed as advertising. 4. RWECS shall not exceed 60 decibels as measured at the closest property line. The level however may be exceeded during short-term events such as utility outages and/or severe windstorms. 5. An RWECS shall be located on a~arcel that is at least one acre in size. 6. The applicant shall provide evidence that the~roposed height of the RWECS does not exceed the height recommended by the manufacturer or distributor of the system. 7. The applicant will provide information demonstrating that the system will be used primarily to reduce on-site consumption of electricity. 8. The minimum distance between the ground and any protruding blades utilized on an RWECS shall be 20 feet as measured at the lowest point on the arc of the blades. The lowest point of the arc of the blade shall also be 10 feet above the height of any structure within 150 feet of the base. The supporting tower shall also be enclosed with a six foot tall fence or the base of the tower shall not be climbable for a distance of 12 feet. B. Compliance with FAA regulations• An RWECS must comply with applicable regulations of the Federal Aviation Administration including any necessar~pprovals for installations close to airports. C. Compliance with the International Building Code: Building_permit applications for an RWECS shall be accompanied by standard drawings of the wind turbine structure, including the tower base and footings An engineering analysis of the tower showing compliance with the International Building Code and certified by a professional engineer licensed in the State of Iowa shall also be submitted. D. Compliance with National Electric Code: Buildingpermit applications for an RWECS shall be accompanied by a line drawing of the electrical components in sufficient detail to allow for a determination that the manner of installation conforms to the National Electric Code. This information ma~upplied by the manufacturer. E. The requirements for siting and constriction of an RWECS maybe modified by special exception in accordance with Section 8-7. Dubuque, IA UDC Adopted 00/00/0000 170 Section II -Zoning Regulations Article 7 -Supplemental Regulations 7-3.4 Small Wind EnerQV Conversion Systems (SWECS) A. The requirements for siting and construction of all Small Wind Energy Con_v_ersion Systems regulated by this section shall include the following 1. Small wind enemy towers shall maintain a galvanized steel finish, unless FAA standards require otherwise, or if the owner is attempting to match the finish on the tower to the sunounding enviromnent and architecture, in which case it may be painted to reduce visual obtrusion. The Planning Services Manager mawrequire a photo of an SWECS of the same model that is the subject of the landowner's application adjacent to a building or some other object illustrating scale (e.g= manufacturer's photo). 2. An SWECS shall not be artificially lighted unless required by FAA or appropriate authority. 3. No tower should have any sign, writing, or picture that may be construed as advertising. 4. An SWECS shall not exceed 60 decibels, as measured at the closest property line. The level, however, may be exceeded during short-terns events such as utilit~ges and/or severe windstorms. Violations shall be handled through the City's Nuisance Code provisions. 5. An SWECS shall be located on a parcel that is at least three acres in size. 6. The applicant shall provide evidence that the proposed height of the SWECS tower does not exceed the height recormnended by_ the manufacturer or distributor of the s sy tem. 7. The applicant will provide information demonstrating that the system will be used primarily to reduce on-site consumption of electricity 8. The minimum distance between the ground and andprotruding blades utilized on an SWECS shall be 20 feet, as measured at the lowestpoint of the arc of the blades. No blades shall extend over parking areas, driveways or sidewalks. The supportin tg ower shall also be enclosed with a six foot tall fence or the base of the tower shall not be climbable for a distance of 12 feet. B. Compliance with FAA Regulations: An SWECS must comply with applicable regulations of the Federal Aviation Administration, includin~y necessary~provals for installations close to airports. C. Compliance with International Building Code: Building permit applications for an SWECS shall be accompanied by standard drawings of the wind turbine structure, including the tower, base, and footings. An engineering analysis of the tower showing compliance with the International Building Code and certified by a licensed professional engineer shall also be submitted. Dubuque, IA UDC Adopted 00/00/0000 171 Section II -Zoning Regulations Article 7 -Supplemental Regulations D. Compliance with National Electric code: Building permit applications for an SWECS shall be accompanied by a line drawing of the electrical components in sufficient detail to allow for a determination that the manner of installation conforms to the National Electric Code This information may be supplied by the manufacturer. E. The requirements for siting and construction of an SWECS may be modified by variance in accordance with Section 8-6. 7-3 5 Commercial Wind Enemy Conversion Systems (CWECS) A. A Commercial Wind Energy Conversion Sy~stem shall be allowed only as a Planned Unit Development District in accordance with Section 5-24. The requirements and application information to be supplied for the siting and construction of all CWECS regulated by this section shall include the following: 1. The name(s) of project applicant. 2. The name of the proiect owner. 3. The legal description and address of the proiect. 4. A description of the project including number type name plate generating capacity, tower height rotor diameter and total height of all wind turbines and means of interconnecting with the electrical grid. 5. Site layout including the location of property lines wind turbines feeder lines and all related accessory structures This site layout shall include distances and be drawn to scale. 6. Engineer's certification from an engineer certified by the State of Iowa. 7. Documentation of land ownership or legal control of the property. 8. The latitude and longitude of individual wind turbines. 9. A USGS topographical map or map with similar data of the property and surrounding area including any other wind energy conversion systein, within 10 rotor distances of the proposed CWECS not owned by the applicant. 10. Location of wetlands scenic and natural areas (including bluffs) within 1,320 feet of the proposed CWECS. 11. An acoustical analysis that certifies that the noise requirements within this Code can be met. 12. The applicant shall supply the emergency management agency and/or Fire Department with a basic emergency response plan. Dubuque, IA UDC Adopted 00/00/0000 172 Section II -Zoning Regulations Article 7 -Supplemental Regulations 13. FAA and FCC~ermit, if necessary. Applicant shall submit permit or evidence that the permit has been filed with the appropriate agency_ 14. Evidence that there will be no interference with any commercial and/or public safety connnunication towers. 15. Decommissioning Plan as required by this Code. B. All towers shall adhere to the following safety and design standards: 1. Clearance of rotor blades or airfoils must maintain a minimum of 20 feet of clearance between the lowest point of their arc and the ground. 2. All CWECS shall have a sign or signs posted on the tower, transformer and substation, warning of hi hg voltage. Other signs shall be posted on the turbine with emergency contact information. 3. All wind turbines, which are a part of a CWECS, shall be installed with a hibular monopole type tower. 4. Color and finish: i. All wind turbines and towers that are part of a CWECS shall be white, grey or another non-obtrusive color. ii. Blades may be black in order to facilitate deici iii. Finishes shall be matte or non-reflective. 5. Lighting_ i. Lighting, including lighting intensity and frequency of strobe, shall adhere to but not exceed requirements established by the FAA permits and regulations. ii. Red strobe lights shall be used during nighttime illumination to reduce impacts on neighboring uses and mi rg atory birds. iii. Red pulsating incandescent lights shall be prohibited. 6. All signaQe shall comply with the sign regulations found in these regulations. 7. All communications and feeder lines installed as part of a CWECS shall be buried, where feasible. 8. No CWECS shall exceed 50 decibels at the nearest structure or use occupied by humans. 9. Interference. Dubuque, IA UDC Adopted 00/00/0000 173 Section II -Zoning Regulations Article 7 -Supplemental Regulations i. The applicant shall minimize or mitigate interference with any commercial or public safety electromagnetic communications such as radio, telephone, microwaves or television signals caused bey CWECS. ii. The applicant shall notify all communication tower operators within five miles of the proposed CWECS location upon application to the City for permits. 10. Roads, applicant shall: Identify all county municipal or townsh_p roads to be used for the purposes of transporting CWECS substation parts cement and/or equipment for construction operation or maintenance of the CWECS and obtain applicable weight and size~ermits from the impacted jurisdictions prior to construction. ii. Conduct a_pre-construction survey in coordination with the appropriate jurisdictions to determine existing road conditions. The survey shall include photographs and a written agreement to document the condition of the public road. iii. Be responsible for restoring the road(s) and bridges to preconstruction conditions. 11. The applicant shall be responsible for immediate repair of damage to public drainage systems stemming from construction operation or maintenance of the CWECS. C. The recpiirements for siting and construction of a CWECS may be modified by PUD in accordance with Section 5-24. 7-3.6 Freestanding WECS Bulk Standards Residential, RWECS Office CUP required { 100% of total 80 feet 1 acre SWECS Commercial ', CUP required '; system height ''I 120 feet 3 acres Industrial, AG, ID CUP required CWECS PUD PUD required Pursuant to I Pursuant to 10 acres PUD. PUD * Freestanding WECS are prohibited in and within 1,000 feet of a• historic district 7-3.7 Building-Mountable Wind Turbines (BMWT) A BMWT and its essential support facilities shall be allowed as a permitted accessory use when attached to the principle structure in any zoning district subject to the following: A. A simple site plan shall be submitted for each BMWT providing the following information: 1. Mounting location of the BMWT on the principle structure. Dubuque, IA UDC Adopted 00/00/0000 174 Section II -Zoning Regulations Article 7 -Supplemental Regulations 2. Description of the BMWT height and width, including a photo (if available) or other visual representation. B. The BMWT does not extend more than 15 feet above the highest point of the host structure. C. BMWT shall not exceed 60 decibels, as measured at the closest property line. The level, however, may be exceeded during short-term events such as utilit~ges and/or severe windstorms. D. A BMWT shall comply with the maximum height requirement of the zoning district in which it is located. Applicants proposing an installation higher than allowed b~he zoning district in which it will be located mapply for a variance to the Zoning Board of Adjustment. E. No BMWT m, occupy, encroach or "overhang" any public right-of--way without the expressed approval of the City of Dubuque. F. Each BMWT installation shall require a separate building~ennit. G. A building~ermit for the installation of a BMWT in a historic district requires the prior issuance of a Certificate of Appropriateness from the Historic Preservation Commission. 7-3.8 Repair; Abandonment; Removal A. Small Wind Energy Conversion Systems: Any SWECS found to be unsafe bathe Building Official shall be repaired by the owner to meet federal, state and local safety standards, or removed within six months. If any SWECS is not operated for a continuous period of 12 months, the City shall notify the landowner b. re istered mail that such SWECS is deemed abandoned, and provide 45 days for a response. In their response, the landowner shall set forth reasons for the operational difficulty and provide a timetable for corrective action not exceeding six months. If the corrective action is not completed with_ six months, the City shall notify the landowner that such SWECS shall be removed within 12 days of receipt of the notice. B. Commercial Wind Energy Conversion Systems: A CWECS shall be considered a discontinued use after 12 months without energyproduction, unless a plan is developed and submitted to the City outlining the steps and schedule for returning the CWECS to service. All CWECS and accessory facilities shall be removed to four feet below ground level within 180 days of the discontinuation of use. Additional time may be granted upon acceptable proof of weather delays. Each CWECS shall have a decormmissioning plan outlining the anticipated means and cost of removing CWECS at the end of their serviceable life or upon becoming a discontinued use. The cost estimates shall be made by a competent party, such as a professional engineer, a contractor capable of decommissioning or a person with suitable expertise or experience with Dubuque, IA UDC Adopted 00/00/0000 175 Section II -Zoning Regulations Article 7 -Supplemental Regulations decommissioning The plan shall also identify the financial resources that will be available to pay for decommissioning and removal of the WECS and accessory facilities. 7-4 Adult Entertainment Establishments (as deDned in Dubuque Municipal Code § 31.141) Dubuque, IA UDC Adopted 00/00/0000 176 Section II -Zoning Regulations Article 7 -Supplemental Regulations 7-4.1 Purpose The special provisions of this Section are intended to regulate the location of adult entertainment establishments as herein defined, by specifying districts in which such uses may be permitted and requirements for spatial separation of such uses. Nothing in this Code shall be construed or interpreted to permit adult entertainment establishments in areas other than those set forth herein. Adult entertainment establishments are hereby acknowledged to have special characteristics and impacts upon their surroundings, and upon the use and enjoyment of adjacent property. It is the intent. of these regulations to provide for the confinement of adult entertainment establishments to those commercial and industrial areas in which these special impacts are judged to be least disruptive to the use and enjoyment of adjacent properties. These regulations are further intended to require that adult entertainment establishments shall not be permitted to locate in such concentration that their operational features may establish the dominant character of any commercial or industrial area. These regulations are further intended to protect and balance lawful rights of expression with other lawful rights to the enjoyment and use of property, and are made with full consideration of the legal and constitutional issues heretofore adjudicated. The provisions of this Section shall govern the location and spatial separation of adult entertainment establishments in commercial districts and industrial districts, and no such regulated use, as defined, may be permitted except in conformance with these provisions. 7-4.2 Siting Requirements A. Adult Entertainment Establishments may be established within any commercial or industrial zoning district, but shall not be located within 1,200 feet of any residential or institutional district, or a public or private (parochial) primary or secondary school (K-12) property approved by the Iowa State Board of Public Instruction. B. No Adult Entertainment Establishment shall be located within 2,500 feet of any other Adult Entertainment Establishment. Dubuque, IA UDC Adopted 00/00/0000 177 Section II -Land Use Regulations Article 8 -Zoning Board of Adjustment Article 8: Zoning Board of Adjustment Applications and Procedures 8-1 Zoning Board of Adjustment A. Membership of the Board: The Board shall consist of five members appointed by the City Council. B. Teim of Office: Members of the Board shall be appointed for a term of five years, excepting that when the Board shall first be created, one member shall be appointed for a term of five years, one for a term of four years, one for a term of three years, one for a term of two years, and one for a term of one year. C. Removal: Board members may be removed for cause by the City Council upon written charges and after a public hearing. D. Vacancies: Vacancies on the Board shall be filled for the unexpired team of any member whose term becomes vacant. E. Appointment to Airport Zoning Board of Adjustment: Two members of the Board shall be appointed by the City Council to serve on the Airport Zoning Board of Adjustment. A member shall serve out the term on the Airport Zoning Board of Adjustment even if the member's term on the Zoning Board of Adjustment has expired. 6- 8-2 General Board Procedures A. Meetings: Meetings of the Board shall be held at the call of the chairperson and at such other times as the Board may determine. Such chairperson, or in the chairperson's absence, the acting chairperson, may administer oaths and compel the attendance of witnesses. All meetings of the Board shall be open to the public. The Board shall keep minutes of its proceedings, showing the vote of each member upon each question, of if absent or failing to vote, indicating such fact, and shall keep records of its examinations and other official actions, all of which shall be immediately filed in the office of the Board and shall be a public record. The Board may in addition adopt general rules of procedure not inconsistent with the provisions of this Code. B. Vote of the Board. The concurring vote of three members of the Board shall be necessary to reverse any order, requirement, decision or determination of any administrative official, or to decide in favor of the applicant on any matter upon which it is required to pass under this Code, or to effect any variation in such Code, or to adopt, repeal, or amend any rule of procedure adopted pursuant to this section. Dubuque, IA UDC Adopted 00/00/0000 17$ Section II -Land Use Regulations Article 8 -Zoning Board of Adjustment E: 8-3 General Powers The Board shall have the following powers: A. Appeals from the Administrative Official. To hear and decide appeals where it is alleged there is error in any order, requirement, decision, or determination made by an administrative official in the enforcement of any ordinance adopted pursuant to Iowa Code chapter 414, as such may be amended from time to time. B. Conditional Uses. To hear and decide applications for conditional use permits upon which such Board is required to pass under Section 2 of this Code. C. Variances. To authorize upon appeal in specific cases such variance from the bulk regulation provisions of Section 2 of this Code, parking and sign requirements of Section 3 of this Code as will not be contrary to the public interest, where owing to special conditions a literal enforcement of these provisions will result in unnecessary hardship, and so that the spirit of these provisions-Eec~e shall be observed and substantial justice done. D. Special Exceptions. To hear and decide applications for special exceptions to the terms of this Code, in accordance with the general regulations of the zone in which the property is located and specific standards contained herein. 8-4 Appeal from Administrative Official 8-4.1 Authorization Appeals may be made by any person aggrieved or any Municipal officer, department, board or bureau affected by any order, requirement, decision, or determination made by an administrative official in the enforcement of this Code. 8-4.2 Appeal Procedure Appeals may only be filed within 30 days immediately following the date of the administrative action which is the subject to the appeal. An appeal is filed by delivering to the administrative office involved and to the Board a completed notice of appeal, a sample copy of which appears in the Appendix to this Ordinance, together with the required fee Official notice of appeal forms shall be available without cost from the City Planner. The notice of appeal must, in addition to all other information required by the form, specify the particular grounds for the appeal. The officer from whom the appeal is taken shall forthwith transmit to the Board all documents constituting the record upon which action appealed from was taken. 8-4.3 Effect of Appeal An appeal stays all proceedings in furtherance of the action appealed from, unless the officer from whom the appeal is taken certifies to the Board of Adjustment after the notice of appeal shall have been filed with such officer that by reason of facts stated in the certificate a stay Dubuque, IA UDC Adopted 00/00/0000 179 Section II -Land Use Regulations Article 8 -Zoning Board of Adjustment would in such officer's opinion cause imminent peril to life or property. In such case, proceedings shall not be stayed otherwise than by a restraining order which maybe granted by the Board of Adjustment or by a court of record on application on notice to the officer from whom the appeal is taken and on due cause shown. 8-4.4 Board Decision of Appeal In exercising its powers of appeal, the Board may, in conformity with the provisions of this Ordinance, reverse or affirm, wholly or partly, or may modify the order, requirement, decision, or determination appealed from and may make such order, requirement, decision, or determination as ought to be made, and to that end shall have all the powers of the officer from whom the appeal is taken. 8-5 Conditional Use Permit Procedure 8-5.1 Generally The Zoning Board of Adjustment may allow as conditional uses only those uses classified as conditional uses in this Code. No conditional use shall be allowed in a particular district unless such use is specifically permitted as a conditional use in the regulations for that district, except as provided in Article 4, and the Board shall not act upon any conditional use permit application unless and until the requirements for each conditional use within the specific district in which it is located have been met. 8-5.2 Application A. Any person may file an application to use property for one of the conditional uses permitted in the district in which the property is located. All applications for a conditional use permit shall be made upon the official form for such applications which shall be available from the Planning Services e€€rceDepartmentt B. Review of the application for a conditional use permit maybe obtained by delivering one original and one copy-s of the completed application form and information to the City PlannerPlanning Services Department together with payment of the required fee-as Planner The Board may require the applicant for a conditional use permit to supply any further information beyond that contained in the applications where it reasonably considers such information necessary to make the determinations required by Section 8-5.3. Dubuque, IA UDC Adopted 00/00/0000 180 Section II -Land Use Regulations Article 8 -Zoning Board of Adjustment 8-5.3 Standards for Granting a Conditional Use Permit No conditional use permit shall be granted unless the Board determines on the basis of specific information presented at the public hearing or contained in the application for such use that each of the following conditions has been satisfied: A. The proposed conditional use will comply with all applicable regulations of this Code, including lot requirements, bulk regulations, use limitations, and all other standards or conditions contained in the provisions authorizing such use. B. Adequate utility, drainage and other necessary facilities or improvements have been or will be provided. C. Adequate access roads or entrances and exit drives will be provided and will be designed so as to prevent traffic hazards and to minimize traffic conflicts and congestion in public streets and alleys. D. The use shall not commence until applicant has provided written evidence that Aall necessary permits and licenses required for the operation of the conditional use have been obtained, e viirn E. All exterior lighting fixtures are shaded wherever necessary to avoid casting direct light upon any property located in a residential district. F. The location and size of the conditional use, the nature and intensity of the activities to be involved or conducted in connection with it, the size of the site in relation thereto, and the location of the site with respect to streets giving access to the conditional use, shall be such that it will be in harmony with the appropriate and orderly development of the district and neighborhood in which it is located. G. The location, nature and height of buildings, structures, walls, and fences on the site and the nature and extent of landscaping and screening on the site shall be such that the use will not reasonably hinder or discourage the appropriate development, use and enjoyment of the adjacent land, buildings and structures. H. The proposed conditional use will not cause substantial injury to the value of other property in the neighborhood in which it is located and will contribute to and promote the convenience and welfare of the public. Dubuque, IA UDC Adopted 00/00/0000 181 Section II -Land Use Regulations Article 8 -Zoning Board of Adjustment 8-5.4 Conditions and Restrictions on a Conditional Use Permit A. Imposition of Conditions and Restrictions: In granting a conditional use permit, the Board may impose any conditions or restrictions it reasonably considers necessary to ensure full compliance with the standards of Section 8-5.3, to reduce or eliminate any detrimental effect of the proposed conditional use permit upon the neighborhood or the district, or to carry out the general purposes and intent of this Code. B. Modification of Conditions and Restrictions: Any subsequent change or modification of a condition or restriction imposed by the Zoning Board of Adjustment in granting a conditional use permit must be approved in the same manner and with the same requirements as the original application for a conditional use permit. C. Violation of Conditions and Restrictions: A violation of such conditions and restrictions, when made a part of the terms under which the conditional use permit is granted, shall be deemed a violation of this Code. 8-5.5 Decision and Records The Board shall render a written decision on an application for a conditional use permit within 60 days after the close of the public hearing. The decision of the Board shall contain specific findings of fact supporting the granting or denial of the conditional use permit and shall clearly set forth any conditions or restrictions imposed pursuant to Section 8-5.4. The Board shall maintain etethe records of all actions with respect to applications for conditional use permits and shall notify the City Council of their decisions on each application. 8-5.6 Period of Validity, Expiration A. No conditional use permit granted by the Board shall be valid for a period longer than two years from the date on which the Board grants the permit, unless within such two year period: B. A building permit is obtained and the erection or alteration of a structure is started, or Dubuque, IA UDC Adopted 00/00/0000 182 Section II -Land Use Regulations Article 8 -Zoning Board of Adjustment C. An occupancy permit is obtained, if required, and the use is commenced. D. The Board may grant a maximum of one extension not exceeding six months, upon written application, without notice of hearing. E. An appre=ed-conditional use permit shall expiretwo years after the approved conditional use ceases. 8-5.7 Sketch Plan Materials A sketch plan of the proposed conditional use perm}~shall be submitted to the Planning Services Department. The sketch plan shall be prepared in accordance with and be accompanied by the written and graphic information required by the City. An explanation of the required application submittal infornation shall be available from the Development Services Department. 8-5.8 Application Materials b An application for a conditional use permit and required application fee shall be filed by the owner in writing with the Planning Services Department on a form provided by the City. The application shall include two copies of a site plan of the lot and proposed uses drawn to an accurate scale and showing all pertinent infornation required by the City. An explanation of the required application submittal information shall be available from the Planning Services Department. . 8-5.4$9 Parking Regulations Minimum parking requirements, where applicable, for conditional use permit uses shall be regulated in confornance with the provisions of Article 14 unless otherwise wed provided by the Zoning Board of Adjustment. 8-5.10 Sign Regulations Signs for conditional use permit uses shall be regulated in conformance with the provisions of Article 15 unless otherwise °bd-provided by the Zoning Board of Adjustment. i-n~ts 8-5.113 List of Conditional Uses; Dubuque, IA UDC Adopted 00/00/0000 183 Section II -Land Use Regulations Article 8 -Zoning Board of Adjustment 1. Accessory Dwelling Unit One accessory dwelling unit may be allowed on a lot in the R-1 district in accordance with the following conditions A. Shall be located on the same zoning lot as the principal dwelling, which shall be owner- occupied; B. Shall be incidental and subordinate to the principal dwelling as an accessory use; C. Shall not exceed 50% of the building footprint of the principal dwelling or 600 total gross square footage, whichever is less; D. Shall be in compliance with all applicable City housing, fire and building codes for use as a complete, independent living facility with provisions for a separate entrance, cooking, eating, sanitation, and sleeping; E. Shall comply with the bulk regulations for the R-1 district in which it is located; and -Shall provide one (1)off-street parking space. 2. Animal HospitaVClinic An animal hospital or clinic may be allowed in the C-2 and C-2A districts in accordance with the following conditions: A. All operations and activities shall be conducted and maintained within a completely enclosed building. 3. Bar or Tavern A. A bar/tavern maybe allowed in the CR district in accordance with the conditions established by the Zoning Board of Adjustment as part of the ordinance approving such use. B. A bar/tavern maybe allowed in the OC district in accordance with the following conditions: 1. A maximum area of 2,200 square feet in gross floor area shall not be exceeded; 2. Any outdoor seating shall be accessory to the indoor operation; 3. Opaque screening shall be provided for adjacent first floor residential uses in conformance with the,landscaping requirements of Article 13. Dubuque, IA UDC Adopted 00/00/0000 184 Section II -Land Use Regulations Article 8 -Zoning Board of Adjustment 4. Bed and Breakfast Home A bed and breakfast home maybe allowed in the R-1, R-2, R-2A, R-3, and RROD districts in accordance with the following conditions: A. The structure is either regulated by t Article 10 or is listed on the national register of historic places; B. When located within the R-1, R-2, R-2A, or RROD districts, the use shall be maintained within an owner-occupied, single-family dwelling. When located within the R-3 district, the use shall be maintained by a full-time resident owner or resident manager. C. The structure has a minimum total floor area of 4,500 square feet, with not more than one sleeping room for each 750 square feet of floor area; D. There shall be a maximum of three sleeping rooms in the R-1, R-2A, and RROD districts, five sleeping rooms in the R-2 district, nine sleeping rooms in the R-3 district; E. Signage shall be limited to one wall mounted sign not to exceed six square feet in area, not internally illuminated, and with direct lighting only with a cut- off type luminaires F. The pctproperty shall not be used. for rental as a private club, museum, or tour home; and G. Parking shall be provided at a rate of one space per guest room. The parking shall be provided on site or on a street frontage of the property, and should not intensify parking problems in the neighborhood. 5. Bed and Breakfast Inn Abed and breakfast inn maybe allowed in the R-4, OR, and OC districts in accordance with the following conditions: A. The structure is either regulated by srd-ina•rtArticle 10 or is listed on the National Register of Historic Places; B. The property has afull-time resident owner or resident manager; C. The structure has a minimum total floor area of 4,500 square feet, with not more than one sleeping room for each 750 square feet of floor area, with a maximum of nine sleeping rooms; D. Signage shall not be limited to one wall mounted, projecting sign with not more than a 40 inch projection, or freestanding sign, per street frontage, not internally illuminated, and with direct lighting only with a shtrt=off type huninaire. Signage in the R-4 district shall not exceed six square feet in area; in the OR and OC districts shall not exceed eight square feet in area; Dubuque, IA UDC Adopted 00/00/0000 185 Section II -Land Use Regulations Article 8 -Zoning Board of Adjustment E. The pe-property shall not sed for rental as a private club, museum, or tour home unless approved by the Board; and F. Parking shall be provided at a rate of one space per guest room. The parking shall be provided on-site or on a street frontage of the property, and should not intensify parking problems in the neighborhood. 6. Carwash A carwash maybe allowed in the C-4 district in accordance with the conditions established by the Zoning Board of Adjustmen 7. Carwash, Self-Service A self-service carwash may be allowed in the C-2 district in accordance with the following conditions: A. A minimum of three stacking spaces per bay shall be provided; B. Ingress and egress traffic flow shall be acceptable to the City site plan review team; and C. Opaque screening shall be provided for adjacent residential uses in conformance with the :.slandscaping requirements of Article 13. 8. Drive-up Automated Bank Teller A drive-up automated bank teller maybe allowed in the C-R-a-E-4 district in accordance with the conditions established by the Zoning Board of Adjustment. 9. Gas Station A. A gas station maybe allowed in the CR district in accordance with the conditions established by the Zoning Board of Adjustment. B. A gas station may be allowed in the C-1 district in accordance with the following conditions: 1. The use shall not include a service station. 10. Grain or Barge Terminal A grain barge terminal maybe allowed in the MHI district in accordance with the following conditions: A. A site plan shall be submitted and approved as provided in Article 12. Dubuque, IA UDC Adopted 00/00/0000 186 Section II -Land Use Regulations Article 8 -Zoning Board of Adjustment 11. Group Home A group home maybe allowed in the R-3, R-4, OR districts in accordance with the following conditions: A. Not less than 650 square feet of lot area shall be provided per resident; and B. When located within the R-3 and R-4 districts, signs shall not be permitted- 12. Hospice A hospice maybe allowed in the R-2, R-2A, R-3, and R-4 districts in accordance with the following conditions: A. Signs shall not be permitted. 13. Housing for the Elderly or Persons with Disabilities A housing facility for the elderly or persons with disabilities may be allowed in the R-3 and R-4 districts in accordance with the following conditions: A. The number of units shall be established by the Zoning Board of Adjustment. 14. Individual Zero Lot Line Dwelling A single-family dwelling maybe allowed to be built on a lot with a zero setback in the R-3, districts in accordance with the following conditions: A. The adjoining property owner, on the zero lot line side, asconsents to the property line location and tabprovides written evidence of a minimum five foot maintenance easement prior to Board review; B. The overhang of roofs shall not extend across the property line; and C. A minimum of six feet shall be maintained between homes and other structures. 15. Indoor Restaurant An indoor restaurant may be allowed in the C-1 district in accordance with the conditions established by the Zoning Board of Adjustment 16. Keeping of Hens The keeping of hens shall be allowed in the R-1 and R-2 Districts in accordance with the following conditions: A. A maximum of six (6) chickens (hens only) shall be allowed for egg production only. Dubuque, IA UDC Adopted 00/00/0000 187 Section II -Land Use Regulations Article 8 -Zoning Board of Adjustment B. Chickens (hens only) shall be within an enclosure with a chicken coop, both of which shall be located in a rear yard. C. The chicken coop and enclosure shall be at least ten (10) feet from any lot line and at least fifty (50) feet from any dwelling. 17. Keeping of Horses or Ponies Horses and ponies maybe allowed to be kept on properties located in the R-1 district in accordance with the following conditions: A. They are located on the same lot as an accessory use to asingle-family residential dwelling; B. A minimum of two acres of property is available for the first ~a-lhorse or pony; C. A minimum of one and one-half acres of additional property is available for an additional ~ir~lhorse or pony, up to a maximum of two a~lshorses or ponies; and D. A shelter of at least 150 square feet and enclosed on at least three sides shall be provided on the property. 18. Kennel A kennel may be allowed in the AG district in accordance with the conditions established by „ the Zoning Board of Adjustment 19. Adult Day Services An adult day services facility may be allowed in the R-1, R-2, R-2A, R-3, R-4, C-2, C-2A, C- 3, C-4, and C-5, districts in accordance with the following conditions: A. Such facility shall supply loading and unloading spaces so as not to obstruct public streets or create traffic or safety hazards; B. State Certification has been granted or applied for and are awaiting the outcome of the state's decision; and C. Signage shall be limited to one non-illuminated, wall mounted sign not to exceed four square feet in area. 20. Licensed Childcare Center A licensed childcare center may be allowed in the R-1, R-2, R-2A, R-3, R-4, OR, OS, OC, C- 2, C-2A, C-3, C-4, C-5, LI, HI, MHI, and RROD districts in accordance with the following conditions: Dubuque, IA UDC Adopted 00/00/0000 188 Section II -Land Use Regulations Article 8 -Zoning Board of Adjustment :A. Such facility shall supply loading and unloading -spaces so as not to obstruct public streets or create traffic or safety hazards; ~B. All licenses have been issued or have been applied for and are awaiting the outcome of the estate's decision; and C. When located within the R-1, R-2, R-2A, R-3, R-4, or RROD districts or in a single- family dwelling located within the C-2, C-2A, C-3, C-4, C-5 districts, signage shall be limited to one non-illuminated, wall mounted sign not to exceed four square feet in area. D. When located within the'-T; LI, HI, or MHI district: €:E. Such use shall not be located within the same structure as any gas station, bar/tavern, automated gas station or any facility selling, servicing, repairing, or renting vehicles. -F. The conditional use applicant certifies that the premises on which the group daycare center will be located complies with, and will for so long as the group daycare center is so located, continue to comply with all local, state and federal regulations governing hazardous substances, hazardous conditions, hazardous wastes, and hazardous materials; G. If the applicant is subject to the requirements of Section 302 of the Superfund Amendments and Reauthorization Act of 1986, as amended, the Emergency Management Director shall certify whether or not the applicant has submitted a current inventory of extremely hazardous substances kept or stored on the premises. If any such extremely hazardous substances are kept or stored on the premises, the applicant shall also post in a conspicuous place on the premises a notice indicating a description of the extremely hazardous substances, and the physical and health hazards presented by such substances. H. Applicant shall submit an evacuation plan for approval by the City, both written and drawn, that details where the children will go in the event of a hazardous materials incident. The plan shall include a "house in place" scenario in which the children can be kept safely within a room of the building that has no penetration to the outside (windows, doors, etc). I. Applicant shall submit plans for approval by the City that indicate the installation of a main emergency shut-off switch for the heating, ventilation, and air conditioning (HVAC) system to minimize the infiltration risk of airborne hazardous materials. Dubuque, IA UDC Adopted 00/00/0000 189 Section II -Land Use Regulations Article 8 -Zoning Board of Adjustment 21. Medical Office A medical office maybe allowed in the C-1 and C-2 district in accordance with the 1 conditions established by the Zoning Board of Adjustment. e-tie 22. Mortuary, e-Funeral Home or Crematorium A mortuary, e~funeral home or crematorium may be allowed in the R-1, R-2, and R-3~ districts in accordance with the conditions established by the Zoning Board of Adjustment. as 23. Multiple-Family Dwelling 13 or more Units A multiple-family dwelling with 13 or more units may be allowed in the R-4 district in accordance with the following conditions: A. The number of units shall be established by the Zoning Board of Adjustment. 24. Nursing or Convalescent Home A group home maybe allowed in the R-3 and R-4 districts in accordance with the following conditions: A. The number of units shall be established by the Zoning Board of Adjustment. Dubuque, IA UDC Adopted 00/00/0000 190 Section II -Land Use Regulations Article 8 -Zoning Board of Adjustment 25. Off-Premises Residential Garage An off-premises residential garage may be allowed in the R-2A, R-3, R-4, OR district in accordance with the following conditions: A. Such use shall be incidental and subordinate to a permitted residential use and located on a lot within 300 feet of the residential use it serves; B. Such use shall be owned and maintained by the property owner , 2nn ro°+ of the residential use it serves; C. Such use shall be designed, constructed and maintained in harmony with the residential setting in which it is located; D. No such use shall exceed 720 square feet of floor area per dwelling unit served, armor have a height in excess of 15 feet; E. No commercial storage, sales or'',Home-based business shall be permitted within such structure; F. No outside storage shall be permitted in conjunction with such use; and G. A site plan shall be submitted and approved as provided-€er in Article 12. 26.Off-Street Parking The off-street parking of operable automobiles may be allowed in the R-1, R-2, R-2A, R-3, R-4, C-4, OR, OS, and OC districts in accordance with the following conditions: A. The off-street parking shall only serve man abutting permitted or conditional use on a lot located in any district except C-l.Off-street parking, when located in the C-4 district, shall only serve an abutting permitted or conditional use on a lot located within the C-4 district; B. No structure other than a screening or security fence or wall shall be erected on the premises; C. Signage shall be limited to one freestanding sign of no more than six square feet in size per drive opening, identifying the parking use, providing directions or marking entrances and exits thereto; D. A site plan shall be submitted and approved as provided in Article 12; E. Such use shall be designed, constructed, and maintained in harmony with the residential setting in which it is located; and ~F. No outside storage shall be pern~itted in conjunction with such use. Dubuque, IA UDC Adopted 00/00/0000 191 Section II -Land Use Regulations Article 8 -Zoning Board of Adjustment G. Within the OC district, the off-street parking shall only serve an abutting permitted or conditional use on a lot located in the OC district. Signs within the OC District may be no more than eight square feet in size. 27. Outdoor Recreation or Amusement Center An outdoor recreation facility or outdoor amusement center maybe allowed in the C-3 district in accordance with the following conditions: A. The hours of operation shall be limited, 8:00 a.m. to 12:00 midnight, unless further limited by the Zoning Board of Adjustment. 28. Passenger Transfer Facility A passenger transfer facilities may be allowed in the C-3, C-4, and C-5 districts in accordance with the following conditions: A. Such facility shall provide for the loading and unloading of passengers so as not to obstruct public streets or alleys or create traffic or safety hazards; and B. That adequate indoor waiting area is provided. 29. Pet Daycare or Grooming A pet daycare maybe allowed in the C-2A district in accordance with the following conditions: A. All operations and activities shall be conducted within a completely enclosed building. 30. Photographic Studio A photographic studio maybe allowed in the OR districts in accordance with the conditions established by the Zoning Board of Adjustment 31. Private Club A private club maybe allowed in the OR, OS, OC districts in accordance with the conditions n established by the Zoning Board of Adjustment 32. Recreation Recreational uses maybe allowed in the POS district in accordance with the following conditions: A. The use shall not be of a nature which would attract large numbers of participants requiring the provisions ofoff-street parking; and B. The use may provide permanent equipment or facilities. Dubuque, IA UDC Adopted 00/00/0000 192 Section II -Land Use Regulations 33. Residential Use Article 8 -Zoning Board of Adjustment A residential use may be allowed in the HI district in accordance with the following conditions: A. The building in which the residential use is to be located contains no existing industrial use and will be prohibited from having an industrial use as long as the residential use is active; and B. A minimum of 650 square feet of area be provided for each unit. 34. Restaurant A restaurant may be allowed in the OC district in accordance with the following conditions: A. Carry out items shall not be dispensed through any drive-through or walk-up window; B. Any outdoor seating shall be accessory to the indoor operation; and C. Opaque screening shall be provided for adjacent first floor residential uses in conformance with thelandscaping requirements of Article 13. 35. Restaurant, Drive-in or Carryout A. A drive-in/carry-out restaurant maybe allowed in the CR district in accordance with the conditions established by the Zoning Board of Adjustment. B. A drive-in/carry-out restaurant may be allowed in the C-2 and C-4 districts in accordance with the following conditions: 1. Opaque screening shall be provided for adjacent residential uses in conformance with the landscaping requirements of Article 13. 36. Retail Sale of Agricultural Products The retail sale of agricultural products may be allowed in the AG district in accordance with the conditions established by the Zoning Board of Adjustment. 37. Retail Sales and Service A retail sales and service use may be allowed in the HI district in accordance with the following conditions: A. Retail sales and service activities shall not be permitted in an area where parking and pedestrian traffic is likely to conflict with on site or adjacent industrial users; and Dubuque, IA UDC Adopted 00/00/0000 193 Section II -Land Use Regulations Article 8 -Zoning Board of Adjustment B. If located within an actively used industrial building, the retail use is fully separated from any industrial uses. 38. Rooming or Boarding House A rooming/boarding house may be allowed in the R-3, R-4, OR districts in accordance with the following conditions: house provides an on-site resident manager: and EB. The number of units shall be determined .by the Zoning Board of Adjustment. 39. Tour Home A tour home may be allowed in the R-1, R-2, R-2A, R-3, R-4, OR, and OC districts in accordance with the following conditions: A. The structure is either regulated by Article 10 or listed in the National Register of Historic Places; and B. Signage shall be limited to one wall-mounted sign, not to exceed six (6) square feet in area, not internally illuminated, and with direct lighting only with acut-off type luminare. 40. Tourist Home A tourist home may be allowed in the R-1, R-2, R-2A, R-3, R-4, and OR districts in accordance with the following conditions: A. Signs shall not be pei7nitted, and B. Maxiuiuin occupancy of two persons per bedroom. 41. Vehicle Repair or Body Shop A vehicle repair/body shop maybe allowed in the C-4 district in accordance with the conditions established by the Zoning Board of Adjustment. 42. Vehicle Sales or Rental A vehicle sales or repair facility maybe allowed in the C-4 district in accordance with the conditions established by the Zoning Board of Adjustment Dubuque, IA UDC Adopted 00/00/0000 194 Section II -Land Use Regulations Article 8 -Zoning Board of Adjustment 43. Vehicle Service or Repair A vehicle service or repair facility may be allowed in the C-4 district in accordance with the conditions established by the Zoning Board of Adjustment. 44. Residential Wind Energy Conversion System A residential wind energy conversion system may be allowed in a residential or office district in accordance with the requirements established in Section 7-3. 45. Small Wind Energy Conversion System A small wind energy conversion system maybe allowed in a commercial, industrial, agricultural or institutional district in accordance with the requirements established in Section 7-3. 46. Winery A winery may be allowed in the AG district in accordance with the conditions established by the Zoning Board of Adjustment. 8-6 Variance Procedure 8-6.1 Application Any person owning property may apply for a variance from the literal enforcement of the bulk regulation provisions including parking and sign requirements of this Code for the property or structure involved. All applications for a variance shall be made on the official form for such applications which shall be available without cost from the City Planner.~4 The applicant shall be required to supply all pertinent items of information contained on the official application form, as a condition to review of such application. Review of the application for a variance may be obtained by delivering a copy of the completed application form to the City Planner together with payment of the required fee a--Upon receipt of the completed forms and the required fee, the City Planner shall forthwith transmit a copy of the completed form to the Board, retaining the original form as part of the City Planner's permanent records. Prior to its review, the Board may require the applicant for a variance to supply any further information beyond that contained in the application form where it reasonably considers such information necessary to make the determination. 8-6.2 Notice and Meeting Requirements Following receipt of a completed application the Board shall, with due diligence, consider such application at a public meeting. The Board shall direct and require verification that~e notice of the time and place of the meeting has been dRsent by first class mail to all owners of property within 200 feet of the property for which the variance is sought. At the public meeting, all interested parties shall be afforded a Dubuque, IA UDC Adopted 00/00/0000 195 Section II -Land Use Regulations Article 8 -Zoning Board of Adjustment reasonable opportunity to appear and express their views on the application, either in person or by agent. A record of such meeting shall be entered into the minutes of the Board. 8-6.3 Requirements for the Granting of a Variance A. The Board shall grant a variance only under exceptional circumstances where practical difficulty or unnecessary hardship is so substantial, serious and compelling that relaxation of the general restrictions ought to be granted. No variance shall be granted unless the applicant shall show and the Board shall find that: The particular property, because of size, shape, topography or other physical conditions, suffers singular disadvantage which disadvantage does not apply to other properties in the vicinity; and 2. Because of this disadvantage, the owner is unable to make reasonable use of the affected property; and 3. This disadvantage does not exist because of conditions created by the owner or previous owners of the property; and 4. Granting the variance requested will not confer on the applicant any special privilege that is denied'to other lands, structures, or buildings in the same district; and 5. Granting of the variance will not be contrary to the public interest, will not adversely affect other property in the vicinity, and will be in harmony with the intent and purpose of the provision waived. B. In passing a variance, the Board shall not consider prospective financial loss or gain to the applicant. C. A variance shall not be allowed within the RHOD Restricted Height Overlay district. 8-6.4 Conditions and Restrictions Attached to the Granting of a Variance In granting a variance, the Board may impose any conditions or restrictions it reasonably considers necessary to ensure full compliance with the intent and regulations of the provision waived to reduce or eliminate any detrimental effect of the proposed variance upon the neighborhood or the public welfare, or to carry out the general purposes and intent of *the provision waived. Violation of such conditions and restrictions, when made a part of the terms under which a variance is granted, shall be deemed a violation of this Code. 8-6.5 Decisions and Records The Board shall render a written decision on an application for a variance within 60 days after the close of the public meeting. The decision of the Board shall contain specific findings of fact supporting the granting or denial of the variance and shall clearly set forth any Dubuque, IA UDC Adopted 00/00/0000 196 Section II -Land Use Regulations Article 8 -Zoning Board of Adjustment conditions or restrictions imposed-lE. The Board shall maintain complete records of all action with respect to applications for a variance. 8-7 Special Exceptions 8-7.1 Application Any person owning property used solely for residential purposes may apply for a special exception from the literal enforcement of the bulls regulation requirements ^r-o~ for the property or structure involved. All applications for a special exception shall be made on the official form for such applications which shall be available without cost from the City Planner. The applicant shall be required to supply all pertinent items of information contained on the official application form as a condition to review of such application. Review of the application for a special exception may be obtained by delivering a copy of the completed application form to the City Planner together with payment of the required fee-as dc. Upon receipt of the completed forms and the required fee, the City Planner shall forthwith transmit a copy of the completed form to the Board, retaining the original form as part of the City Planner's permanent records. Prior to its review, the Board may require the applicant for a special exception to supply any further information beyond that contained in the application form where it reasonably considers such information necessary to make the determination. 8-7.2 Notice and Meeting Requirements Following receipt of a completed application the Board shall, with due diligence, consider such application at a public meeting. The Board shall direct and require verification that the applicant, or their agent has sent notice of the time and place of the meeting by first class mail to all owners of property abutting the property for which the special exception is sought, including property directly across the street. At the public meeting, all interested parties shall be afforded a reasonable opportunity to appear and express their views on the application, either in person or by agent. A record of such meeting shall be entered into the minutes of the Board. 8-7.3 Requirements for the Granting of a Special Exception The Board shall grant a special exception when the applicant has shown that the following standards have been met or are not applicable: A. That the specific proposed exception will not be detrimental to or endanger public health, safety, comfort or general welfare. B. That the specific proposed exception will not be injurious to the use and enjoyment of other property in the immediate vicinity for the purposes already permitted, and will not substantially diminish and impair property values within the neighborhood. C. That establishment of the specific proposed exception will not impede the normal and orderly development and improvement of the surrounding property for uses permitted in the zone in which such property is located. Dubuque, IA UDC Adopted 00/00/0000 197 Section II -Land Use Regulations Article 8 -Zoning Board of Adjustment D. That adequate utilities, access roads, drainage and other necessary facilities are being provided. E. That, except for the specific exception being proposed, any structure shall in all other respects conform to the applicable regulations or standards of the zone in which it is to be located. 8-7.4 Conditions and Restrictions, Attached to the Granting of a Special Exception In granting a special exception, the Board may impose any conditions or restrictions it reasonably considers necessary to ensure full compliance with the standards of this Codee~ to reduce or eliminate any detrimental effect of the proposed special exception on the neighborhood or the public welfare, or to carry out the general purpose and intent of this Code. Violation of such conditions and restrictions, when made a part of the terms under which a special exception is granted, shall be deemed a violation of this Code. 8-7.5 Decisions and Records The Board shall render a written decision on an application for a special exception within 60 days after the close of the public meeting. The decision of the Board shall contain specific findings of fact supporting the granting or denial of the special exception and shall clearly set forth any conditions or restrictions imposed pursuant to eanE~this Code. The Board shall maintain complete records of all action with respect to applications for a special exception. 8-8 Appeal from Board Decision Appeals from action or decision of the Boardshall be made in the manner provided by IeE1state law. Dubuque, IA UDC Adopted 00/00/0000 198 Section II -Land Use Regulations Article 9 -Zoning Advisory Commission Article 9: Zoning Advisory Commission Applications and Procedures 9-1 Zoning Advisory Commission A. , Membership of the Commission: The Comnmission~ shall consist of seven residents of the City, appointed by the City Council, who shall be qualified by knowledge, experience and ability to act in matters pertaining to short-range planning and zoning, none of whom shall hold an elective position in the City. B. Application and Appointment Process: The appointment process to the Commission by the City Council shall include at least the following: 1. An application form requesting basic information on the education, training, experience, expectations and other qualifications of the applicant; 2. Notice to and an opportunity for the general public to comment in writing on the qualifications of each applicant; and 3. A formal interview by the City Council to determine the applicant's qualifications and ability to effectively serve on the Commission. C. Term of Office: The term of office for members of the Zoning Advisory Commission shall be three years or until a successor is duly appointed. Two of the initial teams shall be for a term of one year; two of the initial terms for two years; and three of the initial terms for three years. D. Removal: A Commission member may be removed at any time with or without cause by a vote oftwo-thirds of all members of the City Council. E. Vacancies: A vacancy occurring on the Commission caused by resignation or otherwise, shall be filled by appointment by the City Council for the remainder of the unexpired term. F. Compensation: All members of the Commission shall serve without compensation except for actual expenses, which shall be subject to approval by the Council. G. Appointment to the Airport Zoning Commission: Two members of the Commission shall be appointed by the City Council to serve on the Airport Zoning Commission. A member shall serve out the term on the Airport Zoning Commission even if the member's term on the Zoning Commission has expired. 6: 9-2 General Powers A. The Zoning Advisory Commission shall concern itself with short-range physical planning and shall have and possess the following powers, duties and responsibilities: Dubuque, IA UDC Adopted 00/00/0000 199 Section II -Land Use Regulations Article 9 -Zoning Advisory Commission To prepare and recommend a Zoning Ordinance by exercising the powers conferred by state law. Such Zoning Ordinance shall include the boundaries of the various zoning districts; the height, number of stories and size of buildings and other structures in each district; the percentage of ground that may be occupied; setback requirements; the size of yards, courts and other open space; the density of population; the location and use of buildings, structures, and land for trade, industry, commercial, residential or other purposes; and such regulations and restrictions necessary to enforce such zoning provisions. To this end the Zoning Advisory Commission shall prepare a preliminary Zoning Ordinance and hold public hearings thereon and after such hearings have been held, shall submit a final Zoning Ordinance and its recommendations to the City Council; 2. To recommend to the City Council, from time to time, as conditions require, amendments, supplements, changes or modifications to the Zoning Ordinance but only after a public hearing; 3. To make such surveys, studies, maps, plans or plats of the whole or any portion of the City and of any land outside thereof, which in the opinion of the Zoning Advisory Commission are consistent with the Comprehensive Plan and are necessary to carry out the purposes of the Commission; 4. To make recommendations to the City Council upon plans, plats or replats of subdivisions or resubdivisions within the City which show streets, alleys or other portions of the same intended to be dedicated for public use; 5. To make recommendations to the Long-Range Planning Advisory Commission on the preparation and maintenance of the Comprehensive Plan; 6. To fulfill those duties and responsibilities assigned to a City Planning Commission in state law; and 7. To undertake from time to time other specific short-range planning projects which maybe referred to it by the City Council. B. The City Council shall have the authority to establish or revise the priorities of the Commission. E 9-3 Organization, Meetings A. The Zoning Advisory Commission shall choose annually, at its first regular meeting of the fiscal year, one of its members to act as chairperson, and another of its members to act as vice-chairperson, to perform all of the duties of the chairperson during the chairperson's absence or disability. The Commission shall adopt such rules and regulations governing its operation and procedure as maybe deemed necessary. ByMeetings of the Zoning Advisory Commission shall be held at the call of the chairperson and at such other times as the Commission may determine. Dubuque, IA UDC Adopted 00/00/0000 200 Section II -Land Use Regulations Article 9 -Zoning Advisory Commission C. Members of the Zoning Advisory Commission shall attend at least two-thirds of all regularly scheduled meetings within any 12 month period. If any member fails to -attend such prescribed number of meetings, such failure shall constitute grounds for the Commission to recommend to the City Council that said member be replaced. Attendance of all members shall be entered on the minutes. D. All meetings shall be held in conformance with the provisions of the Iowa Open Meetings Law. E. The Zoning Advisory Commission shall file with the City Clerk a copy of the minutes of each regular and special meeting of the Commission within 10 working days after each such meeting. 9-4 Procedures of Operation All administrative, personnel, accounting, budgetary and procurement policies of the City shall govern the Zoning Advisory Commission in all its operations, except as herein provided. 9-5 Zoning Reclassification A. The City Council finds that the reclassification of property is a sensitive and important legislative function which, in the interest of maintaining uniform zoning policies and the integrity of the Comprehensive Plan, should only be exercised sparingly and under proper conditions. For this reason, and because the original zoning district boundaries under this Code are presumed to be correct and appropriate, it shall hereafter be the policy of the City to reclassify property only where a clear showing has been made that the original classification was a mistake or that circumstances and conditions affecting the property in question have so materially changed so as to demand reclassification in the public interest. B. The reclassification procedures outlined herein should not be confused with, or used in place of, the Code amendment process or the variance process. Thus, the Council intends that reclassification of property should not be entertained where: 1) an alleged hardship peculiar to the property is claimed, which is more properly the subject of a variance request, or 2) it is alleged that the Code provisions themselves as applied to similar properties are unreasonable, which is more properly the subject of a text amendment proposal. In all cases, the burden shall be upon the person(s) seeking reclassification to demonstrate that the requested reclassification is more appropriate.than the present classification, in light of the characteristics of the property and the public welfare. C. Furthermore, it is contemplated under this Code that the Long-Range Planning Advisory Commission is, in the first instance, the body responsible for the formulation and continuing review of the Comprehensive Plan, as expressed herein, and this Commission shall be charged with the duty of periodically reviewing the policies and provisions of this Code in light of its purposes and changing conditions, and proposing on its own initiative such district reclassifications or Code amendments as maybe deemed appropriate to secure the public welfare. Dubuque, IA UDC Adopted 00/00/0000 201 Section II -Land Use Regulations 9-5.1 Application Requirements Article 9 -Zoning Advisory Commission A. Any person may request a reclassification of property to another district, regardless of such person's interest in the property, by submitting a completed zoning reclassification application together with the required fee-as--`spec-i-f °~~cet-i~~, to the Planning Services-;?inn Department b B. The applicant may submit a written request to withdraw the reclassification application at any time prior to final action by the City Council. T domed-in~ b 9-5.2 Zoning Advisory Commission Action A. "fhe zoning Advisory Commission shall consider a reclassification request at a public hearing. Following the public hearing, the Zoning Advisory Commission shall act to recommend approval or denial of the request or table the request.. B. The affirmative vote of at least four Commission members shall be required to constitute a reconunendation of approval of a substantial zoning reclassification request, and any lesser number of affirmative votes shall constitute a recommendation of denial of the request. The recommendation of the Commission shall forthwith be transmitted to the City Clerk. C. A b b b Dubuque, IA UDC Adopted 00/00/0000 202 Section II -Land Use Regulations Article 9 -Zoning Advisory Commission 9-5.3 City Council Action A. Following receipt of any recommendation of the Commission, the City Clerk shall cause a notice to be published of the date, time and place for the City Council to hold a public hearing on the requested reclassification, B. Following the public hearing, the Council shall act to adopt, table or reject the reclassification request. In cases where the Commission has recommended disapproval of the reclassification, the vote of at least three-fourths (3/4) of the Council shall be required to enact the reclassification. C. Furthermore, in case of a written protest against the reclassification request which is filed with the City Clerk and signed by the owners of 20 percent or more of the area of the lots included in the request, or by the owners of 20 percent or more of the property which is located within 200 feet of the exterior boundaries of the property being considered for reclassification, such request shall not be enacted except by the favorable vote of at least three-fourths (3/4) of the Council. Property owned by the City or located in the public right of way shall not be considered in the above calculation of 20 percent area of property ownership. 9-6 Text Amendment 9-6.1 Text Amendment Procedure Zoning reclassifications provide a procedural change for orderly growth and compatible land uses for a particular property, where a clear showing has been made that the original classification was a mistake or that circumstances and conditions affecting the property in question have so materially changed so as to demand reclassification in the public interest. Dubuque, IA UDC Adopted 00/00/0000 203 Section II -Land Use Regulations Article 9 -Zoning Advisory Commission Text amendments are intended for wholesale changes to the zoning regulations, as a means for the City to respond to changing conditions And emerging trends in the community. Text amendments are not property-specific. 9-6.2 Application Requirements Any person may propose amendments to the provisions of this Code by delivering a copy of the proposed amendment to the Planning Services DepartmentD A. The applicant may submit a written request to withdraw the text amendment application at any time prior to final action by the City Council. B. The affirmative vote of at least four Commission members shall be required to constitute a recommendation of approval of the proposal, and any lesser number of affirmative votes shall be considered a recomlilendation of denial of the amendment. The Commission's recommendations shall be forthwith transmitted to the Council for its action. 9-6.3 Zoning Advisory Commission Action A. The Zoning Advisory Commission shall consider a text amendment request a public hearing. Following the public hearing, the Zoning Advisory Corrnnission shall act to recommend approval or denial of the request, or table the request. 9-6.4 City Council Action A. Following receipt of the Zoning Advisory Commission's recommendation e~-c Following the public hearing, the Council shall adopt, table or reject the proposed amendment. In those cases where the Zoning Advisory Commission has recommended disapproval of the amendment, the affirmative vote of at least three-fourths (3/4) of the City Council shall be required to enact the amendment. Dubuque, IA UDC Adopted 00/00/0000 204 Section II -Land Use Regulations Article 9 -Zoning Advisory Commission 9-7 Public Hearings At all public hearings required by this Code to be held by the Zoning Advisory Commission or City Council, all interested persons shall have an opportunity to express their opinions on the subject matter at hand, either in person or by agent, subject in all cases to reasonable rules of procedure. 9-8 Notice of Zoning Advisory Commission Hearings A. Notice of the time and place of all public hearings to be held by the Zoning Advisory Commission shall be published in a newspaper of general circulation in the City at least seven days and not more than 20 days prior to the date of the hearing. B. A reasonable effort shall be made to notify by mail those property owners whose property is being considered for reclassification and those owners of adjacent property and other parcels within 200 feet therefrom, prior to the first public hearing in which the reclassification request will be considered. Where the Commission has a public hearing on a reclassification request, the Commission shall direct and require verification that the applicant or their agent has taken responsible steps to give notice of the time, place, and subject of the hearing by first class mail to all property owners within 200 feet of the property for which reclassification is requested, and to the owner(s) of the property included in such request. The Commission may require, at its discretion and at the applicant's expense, notification of owners of property located more than 200 feet from the subject property and of other parties with a direct interest in the reclassification requested. ' b 1 SIi7LTGG. C. Only one mailing shall be required in any event, and mail notice by the Council shall not In all cases, however, the notice shall be mailed not less than seven days and not more than 20 days prior to the public hearing announced therein. Dubuque, IA UDC Adopted 00/00/0000 205 Section II -Land Use Regulations Article 10 -Historic Preservation Commission Article 10: Historic Preservation Commission Applications and Procedures 10-1 Purpose and Intent The purpose of this chapter is to: A. Promote the educational, cultural, economic and general welfare of the public through the protection, enhancement and perpetuation of districts, individually designated historic properties, landmarks, and- landmark sites of prehistoric, historic, architectural, archeological and cultural significance; B. Safeguard the city's prehistoric, historic, aesthetic, architectural, archeological and cultural heritage by preserving historic properties, districts, landmarks, and landmark sites of historical, architectural and cultural significance; C. Stabilize and improve property values; D. Foster civic pride in-the legacy of beauty and achievements of the past; E. Protect and enhance the city's attractions to tourists and visitors and the support and stimulus to business thereby provided; F. Strengthen the economy of the city; and G. Promote the use of properties, districts, landmarks, and landmark sites of prehistoric, historic, architectural, archeological and cultural significance as sites for the education, pleasure and welfare of the people of the city. 10-2 Definitions For the purpose of this chapter, the following words and phrases shall have the meanings ascribed to them below: Alteration: Any act or process which changes the exterior architectural appearance or exterior feature of a structure, site or area, including, but not .limited to, the erection, construction, reconstruction, restoration, removal or demolition of any structure or part thereof, excavation, or the addition of an improvement. Archeological Significance: A determination based on the following criteria: 1. The site is associated with events that have made a significant contribution to, and are identified with, or that outstandingly represent, the broad cultural patterns of U.S. history and from which an understanding and appreciation of those patterns maybe gained; or 2. The site is associated importantly with the lives of persons nationally significant in U.S. history; or 3. The site represents some great idea or ideal of the American people; or Section II -Land Use Regulations Article 10 -Historic Preservation Commission 4. The site embodies the distinguishing characteristics of an architectural type or specimen exceptionally valuable for a study of a period, style or method of construction, or that represents a significant, distinctive and exceptional entity whose components may lack individual distinction; or 5. The site is composed of integral parts of the environment not sufficiently significant by reason of historical association or artistic merit to warrant individual recognition, but collectively compose an entity of exceptionally historical or artistic significance, or outstandingly commemorate or illustrate a way of life or culture; or 6. The site has yielded or may be likely to yield information of major scientific importance by revealing new cultures, or by shedding light upon periods of occupation over large areas of the U.S. Such sites are those which have yielded, or which may reasonably be expected to yield data affecting theories, concepts and ideas to a maj or degree. Architectural Significance: A determination based on the following criteria: 1. The structure(s) is (are) the work of, or associated with, a nationally or locally noted architect, architectural firm, engineer, builder or craftsman; or 2. The structure(s) is (are) an example of a particular period of architecture or architectural style in terms of detail, material, method of construction or workmanship, with no or negligible irreversible alterations to the original structure; or 3. The structure(s) is (are) one of the few remaining examples of a particular architectural style; or 4. The structure(s) is (are) one of a contiguous group of structures which have a sense of cohesiveness which is expressed through a similarity of characteristics, a similarity of a style, a similarity of period, a similarity of method of construction or which accent the architectural significance of the area. Architectural Interest: A deternination that a building, structure, property, object, site or area that has sufficient integrity of location, design, materials and workmanship to make it worthy of preservation or restoration. Building: Any structure used or intended for supporting or sheltering any use or occupancy, typically for any form of human activity. A building also may refer to an historically and functionally related unit, such as a courthouse and jail or a house and barn. Examples of buildings include: carriage house, church, garage, hotel, house, library, school, shed, store or theater. Section II -Land Use Regulations Article 10 -Historic Preservation Commission Certificate Of Appropriateness: A document issued by the historic preservation Commission indicating its approval of plans for an alteration or activity which will: 1. Create a material change in appearance, or the removal or demolition, of a landmark, landmark site or of a structure within an historic district; and 2. Require a regulated permit. Certificate of Economic Non-viability: A document issued by the historic preservation Commission which acknowledges an exception as herein defined and which authorizes an alteration or activity: Which creates a material change in appearance, or the removal or demolition, of a landmark, landmark site or of a structure within an historic district; 2. Which requires a regulated permit; and 3. For which a certificate of appropriateness has been or would be denied; however, a certificate of economic non-viability shall be issued only upon a showing that the property owner will be deprived of any reasonable economic return on the property if not allowed to proceed with the requested alteration or activity. Character Defining Feature: A prominent or distinctive aspect, quality, or characteristic of a cultural landscape or historic building, site, stricture, object, or district that contributes significantly to its physical character. Commission: The Dubuque Historic Preservation Commission, as established by this chapter. Contributing Building: A contributing building, site, structure, or object adds to the historic architectural qualities, historic or traditional cultural associations, or archeological values for which a property is significant because: 1. It was present during the period of significance or does not relate to the documented significance of the property; or 2. Despite alterations, disturbances, additions, or other changes, it still possesses historical integrity or is capable of yielding itnportant information about the period; or 3. It independently meets one or more of the National Register of Historic Places criteria;. or 4. It has identified as contributing in a historical, architectural, or archeological survey. Conservation District: An area designated by ordinances of the City Council which: i. Has defined geographic boundaries; i. Contains contiguous pieces of property under diverse ownership; Section II -Land Use Regulations Article 10 -Historic Preservation Commission 3. Encompasses areas of historically and architecturally significant buildings, sites, structures, objects, or districts, including potential national or local historic districts; and a. Is important to maintain and preserve for its economic and social value and as a neighborhood or area of affordable housing. Conservation Planning Area: An area designated by ordinances of the City Council which: 1. Has defined geographic boundaries; 2. Contains areas within a historical, architectural or archeological survey; and 3. Has a history of good overall maintenance and where architectural interest is high; and 4. The City of Dubuque has undertaken the study of the area. Cultural Significance: A determination based on the following criteria: The role a property, cultural landscape, building, site, structure, object, or district plays in a community's historically rooted beliefs, customs, and practices; or 2. Its association with events, or series of events, significant to the cultural traditions of a conununity. Demolition: Any act or process which destroys in part or in whole a landmark or a structure. Design Guideline: A standard of acceptable activity which will preserve the prehistoric, historic, architectural, archeological and cultural character of a building, district, landmark, site, object or structure. Determination of No Material Effect: A document issued by the City Manager or the City Manager's designee indicating approval for any normal "repair" or act of maintenance as defined by this chapter, which: 1. Is not an "alteration", construction, removal, "demolition" or "excavation" as defined by this chapter; 2. Does not create a material change in the exterior architectural appearance or exterior features of a structure or site; and 3. Nonetheless does require a regulated permit. District: A definable geographic area that can be distinguished from surrounding properties, and which possesses a significant concentration, linkage, or continuity of sites, buildings, structures or objects united historically or aesthetically by plan or physical development. Excavation: The digging out or removal of earth, soil. Section II -Land Use Regulations Article 10 -Historic Preservation Commission Exterior Architectural Appearance: The architectural style and character and the general composition and arrangement of the exterior of a building or structure, including character- defining features. Exterior Features: The architectural style and the general design and arrangement of the exterior of a structure, including, but not limited to, the kind and texture of the building material(s), and the type, style and arrangement of all windows, doors, light fixtures, signs and other appurtenant elements, or the natural features of a landmark, landmark site or structure. In the case of outdoor advertising signs, "exterior feature" includes the style, material, size and location of the sign. Historic District: An area designated by ordinances of the City Council which: 1. Has defined geographic boundaries; 2. Contains contiguous pieces of property under diverse ownership; and 3. Is one or more of the following: a. Significant to American history, architecture, prehistoric or historic archaeology or culture; or b. Possesses integrity of location, design, setting, materials, workmanship, feel and association; or c. Associated with events that have been a significant contribution to the broad patterns of our prehistory or history; or d. Associated with the lives of persons significant with our past; or e. Embodies the distinctive characteristics of a type, period, or method of construction; or £ Represents the work of a master; or g. Possesses high artistic values; or h. Represents a significant and distinguishable entity whose components may lack individual distinction; or i. Has yielded, or may be likely to yield, information important to prehistory and history. Historic Significance: A determination based on the following criteria: 1. The structure(s) or site(s) has (have) a strong association with the life or activities of a person or persons who have contributed to or participated in the historic events of the nation, state or community; or Section II -Land Use Regulations Article 10 -Historic Preservation Commission 2. The structure(s) or site(s) is (are) associated with an association or group (whether formal or informal) which has contributed to or participated in historic events of the nation, state or community; or 3. The structure(s) or site(s) or object(s) is (are) associated with an antiquated use due to technological or social changes in the nation, state or community, such as, but not limited to, a blacksmith's shop or railroad trestle; or 4. The site(s) or object(s) is (are) a monument to or a cemetery of historic personages. Improvement: Any building, structure, parking facility, fence, gate, wall, work of art or other object constituting a physical betterment of real property, or part of such betterment. Individually Designated Historic Properties: historical designation offered for individual properties determined to have prehistoric, historic, architectural, archeological and cultural significance and which are not of a landmark status or located within a historic district. Integrity: The original, unaltered or historically altered appearance of a structure, site or area when taken as a whole. Landmark: A property or structure designated by ordinance of the City Council pursuant to procedures described herein, that is worthy of preservation, rehabilitation or restoration because of its prehistoric, historic, architectural, archeological or cultural significance to the city, the state or nation. Landmark Site: Any parcel of land of prehistoric or historic archeological significance, or historic significance due to its substantial value in tracing the prehistory or history of Native Americans, or upon which an historic event has occurred, and which has been designated as a landmark site under this section, or an improvement parcel, or part thereof, on which is situated a landmark and any abutting improvement parcel, or part thereof, used as and constituting part of the premises on which the landmark is situated. Material Change of Appearance: Any change, alteration or modification of the external architectural appearance or exterior features of a building, improvement, structure or property which is visible from the public way and for which a regulated permit is required for compliance with applicable local codes, including, but not limited to: 1. Changes in the exterior size, configuration, fenestration or other structural features of the property; or 2. Construction or reconstruction; or 3. Demolition; or 4. Any alteration in the size, location or appearance of any sign on the property; or 5. Any excavation on property or the deposit of any waste, fill or other material on property. Section II -Land Use Regulations Article 10 -Historic Preservation Commission 6. For individual historic districts, the definition of "material change in appearance" may be expanded to include additional activities for which a certificate of appropriateness is required. Such additional activities shall be delineated in the ordinance designating an individual district or by amending the district designating ordinance, in the case of a district that has been previously designated. Non-contributing Building: Anon-contributing building, site, structure, or object does not add to the historic architectural qualities, historic or traditional cultural associations, or archeological values for which a property is significant because: It was not present during the period of significance or does not relate to the documented significance of the property; or 2. Due to alterations, disturbances, additions, or other changes, it no longer possesses integrity or is incapable of yielding important information about the period; or It does not independently meet one or more of the National Register of Historic Places criteria. Object: As distinguished from buildings and structures, objects are those constructions that are primarily artistic in nature or are relatively small in scale and simply constructed. Although it may be, by nature or design, movable, an object is associated with a specific setting or environment. Examples of objects include: fountain, milepost, monument, sculpture or statuary. Owner of Record: Any person, firm, corporation or other legal entity listed as owner on the records of the county recorder of Dubuque County. Prehistoric Significance: A determination based on the following criteria: 1. That a property, cultural landscape, building, site, structure, object, or district has yielded or may be likely to yield, information important in prehistory; or 2. That property, cultural landscape, building, site, structure, object, or district provides a diagnostic assemblage of artifacts for a particular cultural group or time period or that provides chronological control (specific dates or relative order in time) for a series of cultural groups. Preservation Alternatives: Financial incentives and restoration alternatives sufficient for the property owner to earn a reasonable economic return. Financial incentives include, but are not limited to, financing, tax credits, tax abatements, preservation grants or other similar incentives. Restoration alternatives include, but are not limited to, different materials, techniques or methods for rehabilitation of historic buildings and structures, or archeological sites. Regulated Permit: An official document or certificate issued by the building official, city engineer or other official of the city pursuant to provisions of the- building code or other ordinance or regulation, and which authorized the performance of a specified activity. Section II -Land Use Regulations Article 10 -Historic Preservation Commission Repair: Any change which does not require a building permit, and which is not construction, removal or demolition. Scale: In a building or structure, the relationship of the vertical, horizontal and volume measurements; the relationship of the parts to one another within a building, or structure or in comparison to other buildings or structures within that vicinity. Site: The location of a significant event, a prehistoric or historic occupation or activity, or a building or structure, whether standing, ruined, or vanished, where the location itself possesses historic, cultural, or archeological value regardless of the value of any existing structure. Examples of sites include: cemetery, designed landscape, habitation site, natural feature having cultural significance, rock carving, rock shelter, ruins, trail or village site. State Historic Preservation Office: State agency which identifies, records, collects, preserves, manages, and provides access to Iowa's historical resources and educates, conducts and stimulates research, disseminates information, and encourages and supports historic preservation and education efforts of others throughout the state. Structure: Anything constructed or erected, the use of which requires a permanent or temporary location on or in the ground, including, but not limited to, the following: earthwork, fences, gazebos, advertising signs, billboards, backstops for tennis courts, radio and television antennas, including supporting towers, and swimming pools. As distinguished from buildings, structures are those functional constructions made usually for purposes other than creating human shelter. Visibility from the Public Way: Any portion of a building or stricture that is visible to a person while standing on an adjacent improved public street, alley, sidewalk or step. Temporary structures or vegetation shall not be considered as obstructions to the visibility from the public way. 10-3 Historic Preservation Commission Established; ; A. The Historic Preservation Commission is hereby established and shall consist of nine (9) members who shall be residents of the city. B. Members of the Commission shall be appointed by the City Council as follows: one resident from each designated historic preservation district, including the historic districts hereinafter established; and four (4) at large members. Each member shall possess qualifications evidencing expertise or interest in architecture, history, archeology, law, construction or building rehabilitation, city planning or conservation in general. One Commission member shall be a licensed architect. In the event that a vacancy occurs in a seat which requires that the appointee be a resident of the district and for which there is no application from a qualified resident, the City Council shall appoint a tenth member. This appointment shall be temporary. Upon appointment of a qualified resident to the vacancy, the temporary appointment shall terminate. Section II -Land Use Regulations Article 10 -Historic Preservation Commission C. Members shall serve three (3) year terms. D. Vacancies occurring in the Commission, other than through expiration of term of office, shall be only for the unexpired portion of the term of the member replaced. Each member shall serve until the appointment of a successor. E. Members may serve for more than one term. F. Vacancies shall be filled by the City Council in accordance with the requirements set forth above. G. Members shall serve without compensation. Commission Organization A. The Commission shall elect from its membership a chairperson and vice chairperson, whose terms of office shall be fixed by bylaws adopted by the Commission. The chairperson shall preside over meetings of the Commission and shall have the right to vote. The vice chairperson shall, in cases of absence or disability of the chairperson, perform the duties of the chairperson. B. The City Manager shall designate a person to serve as secretary to the Commission. The secretary shall keep a record of all resolutions, proceedings and actions of the Commission. C. The Commission shall adopt rules or bylaws for the transaction of its business. The bylaws shall provide for, but not be limited to, the time and place of holding regular meetings, the procedure for the calling of special meetings by the chairperson or by at least three (3) members of the Commission and quorum requirements. D. All meetings of the Commission shall be subject to Iowa Code chapter 21, the Iowa open meetings act. E. The Commission shall keep a record of its resolutions, proceedings and actions. The records shall be subject to Iowa Code chapter 22, the Iowa public records act. F. A quorum of the Commission shall be required in order to transact business. G. The affirmative vote of a majority of Commission members present at a meeting shall be required for the approval of plans or the adoption of any resolution, motion or other action of the Commission. H. The vote of each member of the Commission shall be recorded. I. A member of the Commission shall attend at least two-thirds (2/3) of all scheduled meetings within any consecutive twelve (12) month period. If any member does not attend such prescribed number of meetings it shall constitute grounds for the Commission Section II -Land Use Regulations Article 10 -Historic Preservation Commission to recommend to the City Council that said member be replaced. Attendance of all members shall be entered on the minutes. J. The Commission shall file with the City Council a copy of the minutes of each regular and special meeting of the Commission within ten (10) working days after each meeting. 10-5. Powers and Duties Generally; A. The general duties and powers of the Commission shall be as follows: 1. To promote and conduct educational and interpretive programs on historic properties within its jurisdiction; 2. To develop and adopt specific standards for review and design guidelines, in addition to those set forth in Section 10-10 of this chapter, for the alteration of landmarks, landmark sites, individually designated historic properties and property and structures within historic districts; 3. To adopt its own bylaws; 4. To identify, evaluate, register, manage and protect significant prehistoric and historic archeological sites; 5. To conduct an ongoing survey to identify historically, archaeologically and architecturally significant properties, structures and areas that exemplify the cultural, social, economic, political, archeological or architectural history of the nation, state or city; 6. To research and recommend to the City Council the adoption of ordinances designating areas as having historic, architectural, archeological or cultural value or significance as "historic districts"; 7. To research and recommend to the City Council the adoption of ordinances designating properties or structures having historic, architectural, archeological or cultural value or significance as "landmarks" or "landmark sites"; 8. To research and recommend to the City Council the adoption of ordinances designating properties as having historic, architectural, archeological or cultural value or significance as "Individually Designated Historic Properties"; 9. To research and recommend to the City Council the adoption of ordinances designating areas as having historic, architectural, archeological or cultural value as "conservation districts"; 10. To research and recommend to the City Council the adoption of ordinances designating areas as having historic, architectural, archeological or cultural value as "conservation planning areas"; Section II -Land Use Regulations Article 10 -Historic Preservation Commission 11. To maintain a register of all properties and structures which have been designated as landmarks, landmark sites or historic districts, including all information required for each designation; 12. To assist and encourage the nomination of landmarks, landmark sites and historic districts to the national register of historic places, and review and comment at a public hearing on any national register nomination submitted to the Commission upon the request of the mayor, City Council or the state bureau of historic preservation; 13. To confer recognition upon the owners of landmarks, individually designated historic properties or of property or structures within historic districts; 14. To review in-progress or completed work to determine compliance with specific certificates of appropriateness or certificates of economic non-viability; and 15. To serve as an advisory design review body to the City Council for review of public works projects which have historic preservation implications in historic districts, individually designated historic properties, or for alteration of landmarks, landmark sites or structures, that would result in a material change in appearance or be visible from the public way; and 16. To serve as an advisory review body to the City Council for the review of public planning, design, construction, and maintenance needs in conservation planning areas upon request from the City Council. B. The Commission shall be governed by the administrative, personnel, accounting, budgetary and procurement policies of the city. 10-6 Identification and Designation of Landmarks, Landmark Sites, Individually Designated Historic Properties and Historic Districts A. Generally: The Commission may conduct studies for the identification and nomination of landmarks, landmark sites, individually designated historic properties and historic districts, as defined by this chapter. The Commission may proceed on its .own initiative or upon a petition from any person, group or association. B. Nomination: i. Landmarks and Landmark Sites: The nomination of landmarks and landmark sites shall be initiated by an application submitted to the Commission by the property owner on a form supplied by the Commission: z. Historic Districts: The designation of historic districts shall be initiated by a nomination for such designation. A nomination shall be made to the Commission on a form prepared by it and may be submitted by a member of the Commission, the owner of record of property within a proposed historic district, the City Council, or any other person or organization. When a Commissioner, as a private citizen, nominates an historic district for designation, the nominating Commissioner shall Section II -Land Use Regulations Article 10 -Historic Preservation Commission abstain from voting on the designation. This provision shall not extend to a designation motion presented by a Commissioner as part of Commission proceedings. s. Individually Designated Historic Properties: The nomination of individually designated historic properties shall be initiated by an application submitted to the Commission by the property owner on a form supplied by the Commission. C. Criteria for Consideration of a Nomination: The Commission shall, upon such investigation as it deems necessary, make a determination as to the following: 1. The nominated property, structure, object, site or area: i. Is of "architectural significance", as defined by this chapter; or ii. Is associated with events that have made a significant contribution to the broad patterns of the history of the city of Dubuque, Dubuque County, the state of Iowa or the nation; or iii. Is associated with the lives of persons significant in the past of the city of Dubuque, Dubuque County, the state of Iowa or the nation; or iv. Has yielded, or may be likely to yield, information important in prehistory or history; and 2. The structure, property, object, site or area has sufficient integrity of location, design, materials and workmanship to make it worthy of preservation or restoration; and 3. The structure, property, object, site or area is at least fifty (50) years old, unless the Commission determines that it has achieved significance within the past fifty (50) years and is of exceptional importance. D. Notification of Nomination: Within sixty (60) days after receipt of a completed nomination in proper form, the Commission shall hold a public hearing. Notice that a nomination for designation is being considered and the date, time, place and purpose of the public hearing shall be sent by certified mail, at least fourteen (14) days prior to the date of the hearing, to the owner(s) of record of the nominated landmark or landmark site, nominated individually designated historic property, or property within the nominated historic district and to the nominator(s). Notice shall also be published in a newspaper having general circulation in the city. The notice shall state the street address and legal description of a nominated landmark or landmark site or the boundaries of a nominated district. E. Public Hearing: Oral or written testimony concerning the significance of the nominated landmark, landmark site or historic district shall be taken at the public hearing from any interested person. The Commission may request expert testimony, consider staff reports or present its own evidence regarding the compliance of the nominated landmark, landmark site, individually designated historic property or historic district with the criteria set forth in subsection (c) of this section. The owner of any nominated landmark, Section II -Land Use Regulations Article 10 -Historic Preservation Commission landmark site, individually designated historic property or of any property within a nominated. historic district shall be allowed a reasonable opportunity to present evidence regarding the nomination, shall be afforded the right of representation by counsel and shall be given reasonable opportunity to cross-examine expert witnesses. The hearing shall be closed upon completion of testimony. F. Determination By The Commission, Recommendation And Report: Within thirty (30) days following the close of the public hearing, the Commission shall make a determination upon the evidence as to whether the nominated landmark, landmark site, individually designated historic property or historic district does or does not meet the criteria for designation. Such determination shall be made in an open meeting by resolution of the Commission, shall be reduced to writing in the form of a recommendation and shall be supported by a written report in support of the nomination. The Commission's recommendation on the nomination of a landmark, landmark site, individually designated historic property or historic district, and its supporting report, shall b transmitted to the City Council, and shall include a proposed ordinance or amendment establishing such landmark, landmark site, individually designated historic property or historic district and describing its location and boundaries by address and legal description. (13)G. Action by City Council: The City Council shall submit the proposed ordinance or amendment to the Qf State Historic Preservation Office for review and recommendations at least €ert3=tee (4) thirty (30) days prior to the date of any public hearing conducted by the City Council. Any recommendations made by the State Historic Preservation Office shall be made available by the city to the public for viewing during normal working hours at a city government place of public access. 2. Upon receipt of the recommendation and report of the CommissioncN and after having received a recommendation from the State Historic Preservation Office or if the (4) thirty (30) day waiting period has lapsed since submission of the request for such recommendation, the City Council shall conduct a public hearing on the ordinance or amendment establishing the proposed landmark, landmark site, individually designated historic property or historic preservation district. After public hearing, the City Council shall approve or Section II -Land Use Regulations Article 10 -Historic Preservation Commission disapprove the ordinance or amendment, or refer the nomination back to the histet=ic p~?s~rvatien Commission for modification. A modified nomination shall require compliance with the same procedure for designation as set forth above. 3. City Council approval of the ordinance or amendment shall constitute designation of the landmark, landmark site, individually designated historic property or historic district. -}H. Amendment and Rescission of Designation: A designation may be amended or rescinded upon petition to the Commission and compliance with the same procedure and according to the same criteria as set forth above for designation. 10-7 Designated Landmarks, Landmark Sites, Individually Designated Historic Properties and Historic Districts A. Historic Districts 1. Langworthy Historic Preservation District: The properties hereinafter described are hereby designated as an historic preservation district, according to the provisions of this chapter: All of Lots 1 through 3, inclusive; all of Lot 4 excepting the northerly ten (10) feet thereof, all of the south half of Lot 6; all of Lots 12 through 16, inclusive; and all of Lots 12A through 16A, inclusive; all being in Paulina Langworthy's Addition. The west fifteen (15) feet of lot. 4; all of Lot 5, and Lot 6; all being in McCoy Subdivision. All of Lots 1 through 6, inclusively, of Lot 2 and Lot 3; all of Lot 4; and all of Lots 5 through 8, inclusive, excepting the northerly twelve (12) feet of all of them; all being in Mrs. L. A. Langworthy's Addition. All of Lots 1 through 12, inclusive; all of Lots 17 through 21, inclusive; and all of Lots 9 through 53, inclusive; all being in Julia Langworthy's Addition. Lots 1 through 4, inclusive; Lot 1 of Lot 6; Lots 28 through 32, inclusive; Lot 1 of Lot 1 of Lot 1 of Lot 33; and Lot 1 of Lot 2 of Lot 2 of Lot 33; all being in T. S. Nairn's Dubuque Addition. 2. Old Main Historic Preservation District: The properties hereinafter described are hereby designated as an historic preservation district, according to the provisions of this chapter: All of city Lots 1 through 12, inclusive; all of city Lots 69 through 80, inclusive; and the south sixty-four (64) feet of Lot 1 Block XV of Dubuque Downtown Plaza. 3. Jackson Park Historic Preservation District: The properties hereinafter described are hereby designated as an historic preservation district, according to the provisions of this chapter: Section II -Land Use Regulations Article 10 -Historic Preservation Commission Beginning at the intersection of West 17th and Heeb Streets, north along Heeb Street to the south line of M. A. Rebman's Sub.; west along said line and the south line of Duncan's Sub. to the west line of Lot 4-C.L. six hundred seventy-four (674) feet; south along said line to the south line of Lot 2-5-C.L. 674; west along said line and along the south line of Lot 1-5-C.L. 674 to Main Street; west across Main Street and Madison Avenue to the north line of Lot 5-2-C.L. 673; continuing west along said line to the west line of said lot; south along said line to Dorgan Place; west along Dorgan Place to the east line of Lot 1-lA-Dorgan's Sub.; southwest along said line and along the east line of Lot 1-1-Dorgan's Sub. and its extension of West 17th Street; first south then in a counterclockwise manner along the westerly line of D.N. Cooley's Sub. and its southerly extension to the north line of Lot 1-1-C.L. 667; east along said line to the east line of said lot; south along said line and the east line of Lot 2-3-C.L. 667 to the south along said line of Lot 2-1-C.L. 667; east along said line to Bluff Street; south along Bluff Street to the south line of A.L. Brown's Sub.; west along said line to the east line of Lot 769B of A. McDaniel's Sub.; south along said line and the east right-of--way line of Grove Terrace and the east line of Corkery's Sub. to the north line of Lorimer's Sub.; east along said line to the east line of Lot 1-1-1 and 11 of Lorimer's Sub.; south along said line and its extension to West 9th Street; east along West 9th Street to Locust Street; north along Locust Street to West 10th Street; east along West 10th Street to the alley between Locust and Main Streets; north along said alley to West 13th Street; east along West 13th Street to Main Street; south along Main Street to the south line of the north 1/5-C.L. 465; east along said line and its extension to the east line of the west 33 feet, north 1/5-C.L. 460; north along said line to West 13th Street; east along West 13th Street to Iowa Street; north along Iowa Street to West 14th Street; east along West 14th Street to the alley between Iowa Street and Central Avenue; north along said alley to West 17th Street; east along West 17th Street to Heeb Street, the point of beginning. 4. Cathedral Historic Preservation District: The properties hereinafter described are hereby designated as an historic preservation district, according to provisions of this chapter: Beginning at the intersection of Locust Street and West Seventh Street; southwest along West Seventh Street to Bluff Street; northwest along Bluff Street to the northwest line of Lot 5-C.L. 653A; southwest along said line to the southwest line of said lot; southeast along said line to the northwest line of the north fifty (50) feet of Lot 1-1-C.L. 653; southwest along said line to the northeast line of Corieil's Dubuque Sub.; first southeast then in a clockwise manner along said line to West Fifth Street; southeast along West Fifth Street; to the northwest line of the west one hundred seven and five-tenths (107.5) feet-west one hundred seventy (170) feet-C.L. 624; southwest along said line to the northeast line of Cooper Heights Sub; southeast along said line and along the northeast line of Lot 1-1-1-1C.L. 692 to the north right-of--way line of West Fourth Street; southwest along said right-of--way line and along the northwest line of Lot 2-1-1-1-C.L. 692 to Raymond Place; southeast along Raymond Place to the northwest line of Fenelon Point Sub.; first northeast then in a clockwise manner along said line to the southwest line of Lot 1-E. seventy-eight and five-tenths (78.5) feet south one hundred (100) feet-C.L. 692; southeast along said line to West Third Street to the southwest line of Saint. Section II -Land Use Regulations Article 10 -Historic Preservation Commission Raphael's Add.; southwest along said line to the northwest line of Lot 1-2-C.L. 694; first northeast then in a clockwise manner along said line to the northwesterly most line of Pixler Place; northeast along said line to the west right-of--way line of Bluff Street; southeast across Bluff Street to the northeast line of C.L. 589A; continuing southeast along the northeast line of C.L. 589A and the northeast line of C.L. 589 and the northeast line of the north twenty-one (21) feet-north 1/2 C.L. 572 to Locust Street; northeast along Locust Street to the southwest line of the south fifty (50) feet-C.L. 568; northwest along said line to Bissell Lane; north along Bissell Lane to West Fourth Street; northeast along West Fourth Street to Locust Street; northwest along Locust Street to West Seventh Street, the place of beginning as described herein. 5. West Eleventh Street Historic Preservation District: The properties hereinafter described are hereby designated as an historic preservation district, according to provisions of this chapter: Beginning at the intersection of Loras Boulevard and Bluff Street; south along Bluff Street to the south line of A.L. Brown's Sub.; west along said south line to the east line of Lot 769B of A. McDaniel's Sub.; south along said east line and along the east right-of- way line of Grove Terrace and along the east line of Corlcery's Sub. to the north line of Lorimer's Sub.; east along said north line to the east line of Lot 1-1-1-11-Lorimer's Sub; south along said east line and its southerly extension to West 9th Street; west along West 9th Street to the west line of Central Addition; north along said west line to the south line of the east twenty-seven (27) feet-Lot 3-C.L. 703; west along said south line to the west line of said lot; north along said west line to the north line of the west one hundred thirty- nine (139) feet-Lot 3-C.L. 703; west along said north line to the east line of Lot 2-46A- Farley's Sub.; north along said east line to Wilbur Street; west along Wilbur Street to the west line of Lot 2-46A-Farley's Sub.; south along said west line to the south line of Lot 1- 46-Farley's Sub.; west along said south line and along the south line of Lot 1-45-Farley's Sub. to the west line of said Lot 1-45; north along said west line to Wilbur Street; west along Wilbur Street to Spruce Street; south along Spruce Street to the south line of Lot 2- 43-Farley's Sub.; west along said south line to the east line of the south eighty (80) feet- Lot 37-Farley's Sub.; north along said east line to the north line of said lot; west along said north line to the east line of Lot 38-Farley's Sub.; north along said east line to Jefferson Street; west along Jefferson Street and along the south line of Lot 2-1-1-3-C.L. 738 to the west line of Lot 2-1-1-3-C.L. 738; north along said west line and along the west line of Lot 1-1-1-3-C.L. 738 and along the west line of Lot 2-1-3-C.L. 738 and along the west line of Lot 1-2-1-C.L. 738; to West Eleventh Street; east along West Eleventh Street to the west line of Lot 12 of Cummin's Sub.; north along the west lines of Lots 11, 10, 9 and 8 of Cummin's Sub.; north across Race Street; north along the west line of Lot 6 of Cummin's Sub. to Chestnut Street; west along Chestnut Street to the west property line of Lot 8 of Bissell's Dubuque; north along the west property lines of Lots 9, 10, 11, 12, 13, 14 and 15 of Bissell's Dubuque and the E. 150' of Lot 5 of C.L. 740; east along the north line of the E. 150' of Lot 5 of C.L. 740 to Walnut Street; north along Walnut Street to Loras Boulevard; east along Loras Boulevard to Henion Street; north along Henion Street to Pickett Street; east along Pickett Street to the east line of Lot 2-7- C.L. 667; south along said east line to the south line of Lot 1-4-C.L. 667; first east line Section II -Land Use Regulations Article 10 -Historic Preservation Commission then in acounter-clockwise manner along the southerly lines of Lot 1-4-C.L. 667 and Lot 1-3-C.L. 667 to the west line of Lot 2-1-C.L. 667; south along said west line of the south line of Lot 2-1-C.L. 667; east along said south line to Bluff Street; south along Bluff Street to Loras Boulevard, the place of beginning. B. Landmarks and Landmark Sites 1. William M. Slack Landmark: The structure hereinafter described is hereby designated as a landmark, according to the provisions of this chapter: Sidewheeler Dredge William M. Black moored at Inner Levee of the Mississippi River, commonly known as the Ice Harbor. 2. Dubuque City Hall Landmark: The property hereinafter described is hereby designated as a landmark, according to the provisions of this chapter: The building situated on the N 2/5 of City Lot 448 and the N 2/5 of City Lot 457, commonly known as 50 West 13th Street. 3. Dubuque County Courthouse Landmark: The property hereinafter described is hereby designated as a landmark, according to the provisions of this chapter: The building situated on part of City Lot 286 and City Lots 287 to 288, commonly known as 720 Central Avenue. 4. Dubuque County Jail Landmark: The property hereinafter described is hereby designated as a landmark, according to the provisions of this chapter: The building situated on City Lots 284 to 285 and part of City Lot 286, commonly known as 36 West 8th Street. 5. Julien Dubuque Monument Landmark: The property hereinafter described is hereby designated as a landmark, according to the provisions of this chapter: The structure situated on Pt. Lot 1, Government Lots 1 and 2, located at terminus of Monument Drive. 6. Mathias Ham House Landmark: Section II -Land Use Regulations Article 10 -Historic Preservation Commission The property hereinafter described is hereby designated as a landmark, according to the provisions of this chapter: The building situated on Lot 1 of Lot 531 Ham's Addition, commonly known as 2241 Lincoln Avenue. 7. Shot Tower: The property hereinafter described is hereby designated as a landmark, according to the provisions of this chapter: The Shot Tower structure situated on River Front Sub 1, located at terminus of Commercial Street. 8. Four Mounds Estate Landmark Site: The property hereinafter described is hereby designated as a landmark site, according to the provisions of this chapter: The buildings, structures, objects, sites, and property situated on Lot 1-1-2-1 & Lot 1-1- 2-1-1 of SW-NW & Gov 1 & min Lot 331 & Lot 1-7-SW & Lot 2-NW-NW all in Sec 1 of T89N-R2E & Lot 1 & Lot 2-1-1-1 of Sub of 1-7 SW and SW of NW Sec 1 T89N-R2E & Gov Lot 1 a/k/a min Lot 3 31 & Lot 1-1-4, 2-2-4, 2-1-2-4, Lot 2 & 3 of S W Sec 1 of T89N-R2E & Lot 1 Fountain Hill re-sub & Lot 16 John Deere Dub Tractor Works & Lot 2-1-1-2-2 of SE 1/4 NE 1/4 Sec 2 of T89N-R2E 5th, commonly known as 4900 Peru Road. 5:9. Carnegie Stout Public Library: The property hereinafter described is hereby designated as a landmark, according to the provisions of this chapter: The buildings situated on City Lot 658A, City Lot 659, City Lot 660, balance of City Lot 658, commonly known as 360 West 11th Street. C. Individually Designated Historic Properties The properties hereinafter described are hereby designated as individually designated historic properties, according to provisions of this chapter: The buildings, structures, objects, sites, and property situated on E 1/2 Lot 36,E 15' W 1/2 Lot 36, Lot 37 Prospect Hill Addition, commonly known as 565 Fenelon Place. 2. The buildings, structures, objects, sites and property situated on Lots 22 & 23 and the N 46 feet of Lot 25 LH Langworthy's Sub, also known as 216 Clarke Drive. Section II -Land Use Regulations Article 10 -Historic Preservation Commission 3. The buildings, structures, objects, sites and property situated on Lots 16 and 17 of the West 1/2 of Block 1 of Dubuque Harbor Company Addition to the City of Dubuque, Iowa, also known as 40 & 42 Main Street. 10-8 Demolition of Landmarks, Landmark Sites, Individually Designated Historic Properties or Structures in Historic Districts; Demolition By Neglect; Certificate of Economic Non-viability A. Demolition Generally: Demolition of landmarks, landmark sites, individually designated historic properties or structures within historic districts is prohibited unless, upon application and after hearing, the Commission issues a certificate of appropriateness or a certificate of economic non-viability pursuant to Section 10-9 of this chapter. B. Demolition By Neglect Prohibited: The owner ofa building or structure in any historic district, or of a landmark or landmark site, or individually designated historic property shall keep in good repair all the exterior portions of such buildings or structures and all interior portions thereof whose maintenance is necessary to prevent deterioration and decay of any exterior portion. This provision shall be in addition to all other provisions of law requiring property and improvements to be kept in good repair. preper-t~The owner shall repair the building or structure to correct any of the following defects found by the city's designated enforcement officer: 1. Parts which are improperly or inadequately attached so that they may fall and injure persons or property; 2. A deteriorated or inadequate foundation; 3. Defective or deteriorated floor supports or floor supports that are insufficient to carry the loads imposed; 4. Walls, partitions or other vertical supports that split, lean, list or buckle due to defect or deterioration or are insufficient to carry the load imposed; 5. Ceilings, roofs, ceiling or roof supports, or other horizontal members which sag, split, or buckle, due to defect or deterioration or are insufficient to support the load imposed; 6. Fireplaces and chimneys which list, bulge or settle due to defect or deterioration or are of insufficient size or strength to carry the loads imposed; 7. Deteriorated, crumbling or loose exterior stucco or mortar; 8. Deteriorated or ineffective waterproofing of exterior walls, roofs, foundations or floors, including broken windows and doors; 9. Defective or lack of weather protection for exterior-wall coverings, foundations or floors, including broken windows and doors; Section II -Land Use Regulations Article 10 -Historic Preservation Commission 10. Any default, defect or condition in the structure which renders it structurally unsafe or not properly watertight; Deterioration of any exterior feature so as to create a hazardous condition which could make demolition necessary for the public safety; or {~ 12. Deterioration or removal after the effective date hereof of any unique architectural feature which would detract from the original architectural style. C. Emergency/Hazard Removal: In the event that a building or structure becomes damaged by fire, or other calamity or disaster, to such an extent that the City Building Official determines it cannot reasonably be repaired and restored, or it poses an immediate risk to public safety and well-being, after consultation with a licensed architect or engineer in determining whether a building or structure can be reasonably repaired, stabilized or restored, any portion thereof may be removed in conformance with applicable laws. 10-9 Alteration Of Landmarks, Individually Designated Historic Properties, Landmark Sites Or Structures In Historic Districts;procedure for Design Review A. No regulated permit or site plan approval for the alteration of Landmarks, Individually Designated Historic Properties, Landmark Sites or Structures in Historic Dish•icts may be issued prior to review and action by the Commission unless a determination of no material effect has been made in accordance with this chapter. B. Nothing in this chapter shall be construed to prevent ordinary maintenance or repair of any landmark, landmark site or stricture or site within an historic district where such maintenance or repair does not involve a material change of appearance which necessitates issuance of a regulated perniit or site plan approval. C. An application for a regulated permit or site plan approval shall be made to the appropriate city official. The application shall state or the appropriate city official shall deternline whether the proposed work or activity is to be done on a landmark, landmark site, individually designated historic property or on a structure within an historic district. D. If the application demonstrates no material effect as recognized by this chapter, then the City Manager or City Manager's designee may issue a determination of no material effect, which shall. authorize the proposed work or activity to proceed. If a permit application does not demonstrate compliance with the standards for a determination of no material effect, then an application must be made for Commmission review of the proposed work or activity. The application for Commission review shall be filed in the platuiing services department. Section II -Land Use Regulations Article 10 -Historic Preservation Commission E. Unless otherwise mutually agreed upon by the applicant and the Commission, the Commission shall, within 60 days after an application is determined to be complete, the Commission shall review the proposed work or activity to determine whether it complies with the standards specified in this chapter. In the event the Commission does not approve or deny an application within 60 days after submittal of a complete application, such application shall be deemed to have received approval by the Commission unless the applicant has consented to an extension of the 60 day period. The Commission shall issue a Certificate of Appropriateness if, after conducting a review of the application, it finds: That the property owner or the property owner's representative has established that the proposed work or activity complies with the standards specified in this chapter and conforms to the purpose and intent of this chapter; and 2. That creating, changing, destroying or affecting the exterior architectural features of the structure, improvement or site upon which the work is to be done will not have a substantial adverse effect on the aesthetic, historic or architectural significance and value of either the property itself or of the neighboring improvements in a district. In reviewing the proposed work or activity, the Commission may confer with the applicant or the applicant's authorized representative. The Commission may require submission of such additional drawings, sketches, photographs or other exhibits, as it deems reasonably necessary for consideration of the application. F. The issuance of a Certificate of Appropriateness shall enable the applicant to obtain a regulated permit or site plan approval and to proceed with the proposed work or activity. G. If the Commission disapproves the proposed work or activity, it shall state its reasons and shall transmit to the applicant a written record of its disapproval. The Commission may propose revisions to the applicant's proposal, which, if adopted by the applicant, would cause the Commission to reconsider its disapproval. The applicant may make .modifications to the proposed project and shall have the right to resubmit a modified proposal at any time. H. The Commission shall also issue a Certificate of Appropriateness, if, after conducting a review of preservation alternatives, it finds: 1. That the property owner or the property owner's representative has established that the preservation alternatives for the proposed work or activity conform to the purpose and intent of this chapter; and 2. That creating, changing, destroying or affecting the exterior architectural features of the structure, improvement or site upon which the work or activity is to be done will not have a substantial adverse effect on the aesthetic, historic or architectural significance and value of either the property itself or of the neighboring improvements in a district. Section II -Land Use Regulations Article 10 -Historic Preservation Commission I. Prior to filing an application for a Certificate of Economic Non-viability, as provided for in subsection (j) of this section, the applicant shall file an application for a review of preservation alternatives. This application shall document the applicant's attempts to evaluate and obtain "preservation alternatives", including, but not limited to, financing, tax incentives, preservation grants, restoration alternatives and other incentives sufficient to allow the applicant to earn a reasonable economic return from the property. After a review of the preservation alternatives, the Commission shall approve or disapprove the proposed project. If the proposed project is approved, the Conunission shall issue a Certificate of Appropriateness. 3. If the Commission disapproves the proposed project, it shall state its reasons and shall transmit to the applicant a written record of its disapproval. The Commission may propose appropriate revisions of the applicant's proposal that, if adopted by the applicant, would cause the Commission to reconsider its disapproval. The applicant may make modifications to the proposed project and shall have the right to resubmit a modified proposal at any time. J. If the Commission disapproves such proposed project after a review of preservation alternatives, it may, upon application or on its own motion, consider issuing a Certificate of Economic Non-viability. 1. Certificate Of Economic Non-viability: Upon application or motion for a certificate of Economic Non-viability, the Commission shall schedule a public meeting on that application or motion. 2. Data To Be Provided By The Applicant: The Commission may solicit expert opinion or require that the applicant for a Certificate of Economic Non-viability make submissions concerning any or all of the following information before rendering its decision: Estimate of the cost of the proposed work or activity and an estimate of any additional cost that would be incurred to comply with the recommendations of the historic preservation Commission for changes necessary for the issuance of a certificate of appropriateness; ii. A report from a licensed engineer or architect with experience in rehabilitation as to the structural soundness of any structures and their suitability for rehabilitation; iii. Estimated market value of the property in its current condition; after completion of the proposed construction, alteration, demolition or removal; after any changes recommended by the Commission; and, in the case of a proposed demolition, after renovation of the existing property for continued use; iv. In the case of a proposed demolition, an estimate from an architect, developer, real estate consultant, appraiser or other real estate professional experienced in Section II -Land Use Regulations Article 10 -Historic Preservation Commission rehabilitation, as to the economic feasibility of rehabilitation or reuse of the existing structure on the property; v. The amount paid for the property, the date of purchase and the person from whom purchased, including a description of the relationship, if any, between the owner of record or the applicant and the person from whom the property was purchased, and any terms of financing between the seller and buyer; vi. If the property is income producing, the annual gross income from the property for the previous two (2) years; vii. Itemized operating and maintenance expenses for the previous two (2) years; and depreciation deduction and annual cash flow before and after debt service, if any, during the same period; viii. The remaining balance on any mortgage or other financing secured by the property and annual debt service, if any, for the previous two (2) years; ix. All appraisals obtained within the previous two (2) years by the owner or applicant in connection with the purchase, financing or ownership of the property; x. Any listing of the property for sale or rent, price asked and offers received, if any, within the previous two (2) years; xi. The assessed value of the property according to the two (2) most recent assessments; xii. The amount of real estate taxes for the previous two (2) years and whether or not they have been paid; xiii. The form of ownership or operation of the property, whether sole proprietorship, for profit or not for profit corporation, limited partnership, joint venture or other; xiv. Any other infornation considered necessary by the Commission to make a determination as to whether the property does yield or may yield any reasonable economic return to the property owner(s), including, but not limited to, the income tax bracket of the owner(s) or applicant(s) or of the principal investor(s) in the property; xv. Proof of the applicant's efforts to obtain financing, tax incentives, preservation grants and other incentives sufficient to allow the applicant to earn a reasonable and an economic return from the property; and xvi. A showing of the applicant's efforts in ongoing maintenance and repair. Section II -Land Use Regulations Article 10 -Historic Preservation Commission If the Commission, after review of the evidence submitted, finds that disapproval of the proposed work would prevent the property owner from earning any reasonable economic return from the property, the Commission shall: i. Immediately issue a Certificate of Economic Non-viability; or ii. At its discretion, postpone, for a period not to exceed one hundred eighty (180) days, the issuance of a Certificate of Economic Non-viability. During this time, the Commission shall investigate strategies which would allow the property owner to earn a reasonable economic return from the property. No regulated permit shall be issued during this time unless a certificate of appropriateness has been secured. If, at the end of the one hundred eighty (180) day period, the Commission, after a public meeting, finds that the property owner still cannot earn any reasonable economic return from the property, it shall issue a Certificate of Economic Non-viability. 4. If the Commission finds, after initial review or after the one hundred eighty (180) day period of postponement, that the property owner has, in fact, earned or is able to earn a reasonable economic return from the property, then the Commission shall deny the application for a Certificate of Economic Non-viability. K. The failure of the Commission to approve or disapprove an application for a Certificate of Appropriateness within sixty (60) days from the date of the filing of the application for a Certificate of Appropriateness, unless an extension is agreed upon mutually by the applicant and the Commission, shall be deemed to constitute approval, unless within such sixty (60) days the Commission has made a determination of Economic Non-viability and has suspended its decision regarding a Certificate of Economic Non-viability pursuant to subsection (i)(3)b of this section. L. The Certificate of Appropriateness shall expire and become null and void unless the regulated permits are secured within sixty (60) days from the date of its issuance. M. All required permits shall be secured and work shall continence within sixty (60) days from the date of the issuance of the Certificate of Appropriateness and be completed within such time as the building official shall determine is reasonable under all of the circumstances, but not longer than two years after its issuance. The building official is authorized to grant, in writing, one or more extensions of time, for periods not to exceed 180 days each. The extensions shall be requested in writing and justifiable cause demonstrated. N. The transfer of a deternination of no material effect, a Certificate of Appropriateness or a Certificate of Economic Non-viability from one structure, improvement or site to another structure, improvement or site or from one person to another is prohibited. O. Each determination of no material effect, Certificate of Appropriateness or Certificate of Economic Non-viability issued under the provisions of this chapter shall expire and become null and void if the work or activity for which the determination of no material Section II -Land Use Regulations Article 10 -Historic Preservation Commission effect, Certificate of Appropriateness or Certificate of Economic Non-viability was Section II -Land Use Regulations Article 10 -Historic Preservation Commission Section II -Land Use Regulations Article 10 -Historic Preservation Commission Section II -Land Use Regulations Article 10 -Historic Preservation Commission Section II -Land Use Regulations Article 10 -Historic Preservation Commission Section II -Land Use Regulations Article 10 -Historic Preservation Commission 10-10 Standards For Review A. The Commission shall consider each design review on the merits of the individual case, with due deliberation given to each proposed change(s) and its sympathetic relationship to the specific historic setting, architectural or historic significance, extent of previous Section II -Land Use Regulations Article 10 -Historic Preservation Commission alteration, use of original materials and quality of design of the existing structure or site. Commission approval of a particular type of alteration or activity shall not establish a binding precedent for future Commission action, but may constitute an additional factor to be considered in subsequent design reviews involving the same type of alteration or activity. B. The "Secretary Of Interior's Standards And Guidelines For Archaeology And Historic Preservation", the "Secretary of Interior's Standards And Guidelines For The Treatment Of Historic Properties", and the "Secretary of the Interior's Standards for Rehabilitation and Guidelines for Rehabilitating Historic Buildings", codified as 36 CFR 68, as amended, shall provide the guidelines by which the Commission shall review an application for a certificate of appropriateness or certificate of economic non-viability, and any subsequent revisions of these standards and guidelines by the Secretary of the Interior shall be adopted by the Commission. C. The Commission shall also be guided by the "Architectural Guidelines for Historic Structures in the Historic Districts of the City of Dubuque, Iowa"; the "Streetscape and Landscape Guidelines for the Historic Districts of the City Of Dubuque, Iowa"; and any design standards specified in the ordinance or amendment designating the landmark, landmark site or historic district. D. The Commission shall consider the factors of architectural style, scale, mass, arrangement, texture, materials, and any other pertinent factors. The proposed work shall be appropriate for and shall restore, preserve, or enhance features of buildings or structures. The proposed work shall not adversely affect the exterior architectural features of the building or structure, nor shall the proposed work adversely affect the character or special historical, architectural or aesthetic value of the property and its setting. The proposed work also shall 'conform to such further standards as may be embodied in the ordinance. 10-11 Review of Demolition Permits In Conservation Districts A. Application of Section: The provisions of this section shall apply to all buildings located in whole or in part within the following described conservation districts: 1. Fourth Street Neighborhood Conservation District: Beginning at the intersection of Seventh and Bluff Streets, thence southerly along Bluff Street to its intersection with West Fifth Street; thence westerly along West Fifth Street to its intersection with the northerly extension of Raymond Street; thence southerly along Raymond Street and its northerly and southerly extensions to its intersection with West Third Street; thence easterly along West Third Street to its intersection with St. Mary's Street; thence southerly along St. Mary's Street to its intersection with Emmett Street; thence easterly along Emmett Street to its intersection with Bluff Street; thence southerly along Bluff Street to its intersection with First Street; thence easterly along First Street to its intersection with the alley between Bluff and Locust Streets; thence northerly along the alley between Bluff and Locust Streets to its intersection with West Fifth Street; Section II -Land Use Regulations Article 10 -Historic Preservation Commission thence easterly along West Fifth Street to its intersection with Locust Street; thence northerly along Locust Street to its intersection with Seventh Street; thence westerly along Seventh Street to its intersection with Bluff Street which is the point of beginning. 2. Fenelon Place Neighborhood Conservation District: Beginning at the intersection of West Fifth and Burch Streets, thence southerly along Burch Street to its intersection with West Third Street; thence easterly along West Third Street to its intersection with the southerly extension of Raymond Street; thence northerly along Raymond Street and its southerly and northerly extensions to its intersection with West Fifth Street; thence westerly along West Fifth Street to its intersection with Burch Street which is the point of beginning. 3. Third Street Neighborhood Conservation Dish°ict: Beginning at the intersection of West Third and Hill Streets thence southwesterly along Hill Street to its intersection with Langworthy Street; thence northwesterly along Langworthy Street to its intersection with Alpine Street; thence northeasterly along Alpine Street to its intersection with West Third Street; thence northwesterly along West Third Street to its intersection with Nevada Street; thence northeasterly along Nevada Street to its intersection with West Fifth Street; thence southeasterly along West Fifth Street to its intersection with Alpine Street; thence southerly along Alpine Street to its intersection with Melrose Terrace; thence southeasterly along Melrose Terrace and its southeasterly extension to its intersection with Winona Street; thence southwesterly along Winona Street to its intersection with West Third Street; thence southeasterly along West Third Street to its intersection with Hill Street which is the point of beginning. 4. Washington Street Neighborhood Conservation District: Beginning at the intersection of Sixteenth and Washington Streets thence westerly along Sixteenth Street to its intersection with Jackson Street; thence northerly along Jackson Street to its intersection with Eighteenth Street; thence westerly along Eighteenth Street to its intersection with Central Avenue; thence southerly along Central Avenue to its intersection with Fourteenth Street; thence easterly along Fourteenth Street to its intersection with Washington Street; thence northerly along Washington Street to its intersection with Sixteenth Street which is the point of beginning. 5. Jackson Park Neighborhood Conservation District: Beginning at the intersection of Fourteenth Street and Central Avenue thence westerly along Fourteenth Street to its intersection with Iowa Street; thence southerly along Iowa Street to its intersection with Tenth Street; thence westerly along Tenth Street to its intersection with Bluff Street; thence northerly along Bluff Street to its intersection with Locust Street; thence northwesterly along Locust Street to its intersection with Ellis Street; thence northerly along Ellis Street and its northerly extension to its intersection with Clarke Drive; thence northwesterly along Clarke Drive to its intersection with Paul Street; thence northeasterly along Paul Street to its intersection with Lowell Street; thence southeasterly along Lowell Street to its intersection with North Main Street; thence Section II -Land Use Regulations Article 10 -Historic Preservation Commission southerly along North Main Street to its intersection with Clarke Drive; thence southeasterly along Clarke Drive and its southeasterly extension to its intersection with Central Avenue; thence southerly along Central Avenue to its intersection with Fourteenth Street which is the point of beginning. 6. West Eleventh Street Neighborhood Conservation District: Beginning at the intersection of Ninth and Bluff Streets thence westerly along Ninth Street to its intersection with University Avenue; thence westerly along University Avenue to its intersection with Spruce Street; thence northerly along Spruce Street to its intersection with West Eleventh Street; thence westerly along West Eleventh Street to its intersection with Walnut Street; thence northerly along Walnut Street to its intersection with Loras Boulevard; thence westerly along Loras Boulevard to its intersection with Cox Street; thence northerly along Cox Street to its intersection with the westerly extension of West Sixteenth Street; thence easterly along West Sixteenth Street and its westerly extension to its intersection with Montrose Terrace; thence northerly along the northeasterly extension of Montrose Terrace to its intersection with West Locust Street; thence southeasterly along West Locust Street to its intersection with Bluff Street; thence southerly along Bluff Street to its intersection with Ninth Street which is the point of beginning. 7. Broadway Street Neighborhood Conservation District: Beginning at the intersection of West Twenty-third Street and Central Avenue thence westerly along West Twenty-third Street to its intersection with Lewis Street; thence northwesterly along Lewis Street to its intersection with Fulton Street; thence northerly along Fulton Street to its intersection with King Street; thence easterly along King Street and its easterly extension to its intersection with Central Avenue; thence southerly along Central Avenue to its intersection with West Twenty-third Street which is the point of beginning. 8. Downtown Neighborhood Consei•~~ation District: Beginning at the intersection of White Street and Eleventh Street, thence southerly along White Street to its intersection with Fifth Street; thence easterly along Fifth Street to its intersection the railroad tracks; thence easterly along the railroad tracks to their intersection with the Mississippi River; thence southerly along the riverfront across the Ice Harbor to the eastern terminus of First Street; thence westerly along First Street to its intersection with U.S. Highway 61/151; thence southerly along U.S. Highway 61/151 to its intersection with the Locust Street Connector; thence westerly along the Locust Street Connector and across Locust Street to Jones Street; thence westerly along Jones Street to its intersection with Bissell Lane; thence northerly along Bissell Lane extended to First Street; thence westerly along First Street to its intersection with Bluff Street; thence northerly along Bluff Street to its intersection with Fifth Street; thence easterly on Fifth Street to its intersection with Locust Street; thence northerly on Locust Street to its intersection with Seventh Street; thence westerly on Seventh Street to its intersection with Bluff Street; thence southerly on Bluff Street to its intersection with Fifth Street; thence Section II -Land Use Regulations Article 10 -Historic Preservation Commission westerly along Fifth Street to the bluff line; thence northerly along the bluff line to Ninth Street; thence easterly along Ninth Street to its intersection with Bluff Street; thence northerly along Bluff Street to its intersection with Tenth Street; thence easterly along Tenth Street to its intersection with Iowa Street; thence northerly along Iowa Street to its intersection with Fourteenth Street; thence easterly along Fourteenth Street to its intersection with White Street, thence southerly along White Street to its intersection with Thirteenth Street, thence westerly along Thirteenth Street to its intersection with Central Avenue, thence southerly along Central Avenue to its intersection with Eleventh Street, thence easterly along Eleventh Street to its intersection with White Street, which is the point of beginning. 9. Brewerya Conservation District: Lot 2-7 of Mineral Lot 322, Lot 1-1- 3- 8 of Mineral Lot 322, and Lot 2-1 of Liebe's Subdivision No. 3 in the City of Dubuque, Iowa. B. Review nine-H~teiof Demolition Permits in Conservation Districts: Upon receiving an application for a demolition permit for any building subject to this section, the building official shall immediately notify the hi-stem pn~:se~tierr , planning services department of such application. If the application is for any building with one or more dwelling units, the building official shall also immediately notify the housing and community development department. The applicant shall file the information required in this section with the historic preservation Commission at the office of the planning services department by the application deadline established by the Commission. If the application is for any building with one or more dwelling units, the planning services department shall provide the filed information to the housing and community development department. At its next regular meeting, the Commission shall ree deny the application, or table the application for additional information for a specified period not to exceed s ninety (90) days from the date of application with the Commission. A failure of the Commission to take action on the application within the °:~ ninety (90) day period, unless the applicant requests and the Commission grants an extension of such time, shall constitute Commission approval thereof. The Commission shall review all of the information submitted by the applicant and, if the application is for any building with one or more dwelling units, all of the information submitted by the housing and community development department, and shall make a determination as to the following: 1. Whether the building proposed for demolition has historic or architectural significance to the community; and Section II -Land Use Regulations Article 10 -Historic Preservation Commission 2. Whether denial of the proposed demolition permit would prevent the property owner from earning a reasonable economic return on the property. If the Commission finds that denial of the application would prevent the property owner from earning a reasonable economic return on the property; or that the building does not have any historical or architectural significance to the community, the Commission shall approve the application. If the Commission finds that denial of the application would not prevent the property owner from earning a reasonable economic return on the property, and that the building has historical or architectural significance to the community, the Commission shall deny the permit application. If the applicant is the state of Iowa or a political subdivision of the state, the City Council shall also make a determination as to whether the denial of the application would prevent the state or the political subdivision from accomplishing its governmental fuunctions as follows: 1. If, after weighing the interests and attempting to accommodate all conflicting governmental interests, the City Council .finds that denial of the application would prevent the state or the political subdivision from accomplishing its govei7mlental functions, the City Council shall approve the application. 2. If, after weighing the interests and attempting to accommodate all conflicting governmental interests, the City Council finds that denial of the application would not prevent the state or the political subdivision from accomplishing its governmental functions, the City Council may deny the application. If the City Council denies the application, it shall state its findings in writing and shall transmit a copy of such findings to the applicant. C. Historic And Architectural Significance Guidelines And Review Criteria: The report, "Heritage Of Dubuque" dated March 1974 and filed on record on January 27, 1975, shall be considered as a comprehensive study for the historical preservation of the city and as one of the guides to be considered at such time as a demolition permit is applied for in a Section II -Land Use Regulations Article 10 -Historic Preservation Commission reference conservation district. The city of Dubuque's historic property inventory and any subsequent official architectural/historical surveys/evaluations and nominations to the National Register of Historic Places prepared for any buildings located within the conservation districts - described in subsection (a) of this section also shall be considered as guidelines at such time. In determining whether a building has historic or architectural significance, the Commission shall consider an application for a demolition permit in accordance with the standards for review set forth in the secretary of the interior's "Standards for Identification and Evaluation", and any subsequent revisions of these standards and guidelines by the secretary of the interior. The Commission shall also consider a determination from the state historical society of Iowa as to the potential eligibility for listing of the building proposed for demolition on the National Register of Historic Places. D. Economic Guidelines And Review Criteria: In determining whether to approve or deny the application, the Commission may consider the information set forth in this subsection. The Commission may also investigate strategies which would allow the property owner to earn a reasonable economic return on the property, may solicit expert testimony, and may require that the applicant make submissions concerning any or all of the following information: 1. A bid from a qualified contractor showing the cost of the proposed demolition; 2. A report from a licensed engineer, architect or contractor with experience in rehabilitation as to the structural integrity of any structure that the applicant proposes to demolish; 3. An opinion of the market value and the appraised value of the property by a realtor or appraiser: a) in its current condition, b) after completion of the proposed demolition, c) after renovation of the existing property for continued use, and d) all appraisals obtained within the last five (5) years for the property; 4. An estimate from an architect, developer, real estate consultant, appraiser or other real estate professional experienced in rehabilitation of the cost: a) to perform the repairs identified by the building services department and the housing and community development department if the structure contains one or more dwelling units, and b) to rehabilitate the structure; 5. The amount paid for the property, the date of purchase and the person from whom the property was purchased, a description of the relationship, if any, between the owner of record, the applicant and the person from whom the property was purchased, and the terms of the purchase or proposed purchase, including financing; 6. If the property is income producing, form 1040 schedule E or equivalent for the previous two (2) years; Section II -Land Use Regulations Article 10 -Historic Preservation Commission 7. Itemized operating and maintenance expenses for the previous two (2) years, and the depreciation deduction and annual cash flow before and after debt service, if any, during the same period; 8. The name of all mortgagees and the balance of all mortgages or other financing secured by the property and annual debt service, if any, for the previous two (2) years; 9. Any listing of the property for sale or rent, the price asked and offers received, if any, within the previous five (5) years; 10. The assessed value of the property for the previous two (2) assessment years; 11. The amount of real estate taxes assessed for the previous two (2) assessment years and whether or not they have been paid; 12. Any other information considered necessary by the City Council to make a determination as to whether the property does or may yield a reasonable economic return to the property owner(s); 13. A statement of the applicant's efforts to obtain financing, tax incentives, preservation grants and other incentives sufficient to allow the applicant to earn a reasonable economic return from the property in its current condition, and after renovation of the existing property for continued use; and 14. A statement of the applicant's current maintenance and repair activities. If the application is for any building with one or more dwelling units, the housing and community development department may also make submissions concerning any or all of the above information, including strategies which would allow the property owner to earn a reasonable economic return on the property. The Commission shall consider such information. E. Guidelines And Review Criteria For Applications By The State Of Iowa Or A Political Subdivision Of The State: In determining whether to approve or deny the application, the Commission may consider the information set forth in this subsection and any other information the Commission ete considers relevant to balancing any conflicting governmental interests. The Commissionmay require that the applicant make submissions concerning any or all of the following information for the proposed site and suitable alternative location(s): i. Fair market value of property; a. Estimate of the cost of the proposed demolition, including hazardous material removal and remediation; Section II -Land Use Regulations Article 10 -Historic Preservation Commission 3. Fair market value of any property owned by the governmental body that could be sold if that site is not chosen for the project; a. Property tax impact of removing private property from the tax rolls at the proposed location and all alternative locations; s. Any other factors that contribute to making one location more suitable than others for the proposed use; 6. Any other information appropriate to evaluating how all conflicting governmental interests maybe accommodated; . The need for the use in question, the effect on neighboring property, and the environmental impact of the proposed use. F. Action By The Commissio Commission fails to take action to approve, deny or withhold action on the application within the ninety (90) day period, or such extension as requested by the applicant, the building official shall issue the permit forthwith. Section II -Land Use Regulations Article 10 -Historic Preservation Commission G. Process For Establishment, Expansion or Alteration of Conservation District: Any person may make a request to the City Council for establishment, expansion or alteration of a conservation district. The process for establishment, expansion or alteration of a conservation district shall be as follows: 1. A written request for the establishment, expansion or alteration of a conservation district shall be submitted to the city clerk. At its next regular meeting following receipt of the request by the city clerk, the City Council may approve or deny the request, set the request for consideration at a subsequent meeting, set the request for a public hearing, or refer the request to the Commission for a recommendation before voting on the request. If the City Council considers the request at a public hearing, a notice of the date, time and location of the hearing shall be published in accordance with Iowa code section 362.3. The City Council may also direct the city clerk to mail a notice of the date, time and location of the meeting at which the City Council will consider the request to the property owners of record in the district. If the City Council refers the request to the Commission, the City Council may also direct the secretary of the Commission to mail a notice of the date, time and location of the meeting at which the Commission will consider the request to the property owners of record in the district. 2. At its next regular meeting, if a referral is made to it by the City Council, the Commission shall review the request, and make a recommendation to the City Council to approve or deny the request, or to table the request for additional information for a specified period not to exceed sixty (60) days. A failure of the Commission to take action on the request within the sixty (60) day period, unless the Section II -Land Use Regulations Article 10 -Historic Preservation Commission applicant requests and the Commission grants an extension of such time, shall constitute Commission approval thereof. The recommendation of the Commission shall be transmitted to the city clerk. The city clerk shall promptly transmit the recommendation and the application to the City Council for its consideration. In determining whether to recommend approval or denial of the request, the Commission shall consider whether the proposed conservation district, or the expansion or alteration of the district, has historic or architectural significance to the community. 3. At its next regular meeting following receipt of the recommendation of the Commission by the city clerk, the City Council shall approve or deny the request. H. Demolition By Neglect Prohibited: The owner of real property in any conservation district shall preserve and keep from deterioration all buildings and structures located on such real property. The owner shall repair the building or structure to correct any of the following defects found by the city's designated enforcement officer: 1. Deteriorated or ineffective waterproofing of exterior walls, roofs, foundations or floors, including broken windows and doors; 2. Defective or lack of weather protection for exterior wall coverings, foundations. or floors, including broken windows and doors; 3. Any default, defect or condition in the interior or on the exterior of the structure which renders it structurally unsafe or not properly watertight; or 4. Deterioration of any exterior feature so as to create a hazardous condition which could make demolition necessary for the public safety. 10-12 Conservation Planning Areas At the request of the City Council, the Commission may shall conduct studies and encourage special attention to the public planning, design, construction, and maintenance needs with respect to land use, transportation, public utilities, public facilities, housing, open space, historic preservation, urban design, and other elements of the Comprehensive Plan in the following conservation planning areas: A. Phase I Historic and Architectural Survey Area: an area located in the Washington/Jackson/Elm Street area north of the central business district in the Coiner Valley, which consists primarily of the Central Avenue, White Street, Jackson Street, Washington Street, Elm Street, Pinard Street, and Kniest Street corridors between ! 8`~' and 26t~' Streets. B. Phase II Historic and Architectural Survey Area: an area northeast of the original plat of the City of Dubuque with two distinct sub-areas: the Rhomberg/Eagle Point neighborhood which consists primarily of tlu•ee streets (Garfield, Rhomberg and Lincoln) rumling hTOrtheast and Southwest from Kniest Street to Eagle Point area; and, the Section II -Land Use Regulations Article 10 -Historic Preservation Commission Linwood district, which consists of streets located on the hillside between 22"a Street and Linwood Cemetery, from Queen Street to Jefferson Middle School. C. Warehouse District: the area encompassed.by 12th Street on the north, White Street on the west, and U.S. 61/151 on the east. 10-13 Appeals From Commission Action A. An aggrieved party may appeal the Commission's action to the City Council by filing a notice of appeal with the planning services department within thirty (30) days from the date of notice of the Commission's action. B. Upon filing of a notice of appeal, the planning services department shall immediately transmit such notice and the record of the action before the Commission to the city clerk. C. On appeal, the City Council shall consider only the record of the action before the Commission. No new matter maybe considered. D. The City Council shall consider whether the Commission has exercised its powers and followed the guidelines established by law and the historic preservation ordinance (this chapter), and whether the Commission's action was patently arbitrary or capricious. E. The City Council may affirm or reverse the Commission's action, or may refer the matter back to the Commission for such further action as may be appropriate. The city clerk shall give written notice of the City Council's decision on appeal within seven (7) days of the City Council's decision to the appellant and the historic preservation Commission. F. An appellant who is not satisfied by the decision of the City Council may appeal within sixty (60) days of the City Council's decision to the district court for Dubuque County, pursuant to Iowa Code section 303.34. 10- 14 Inspection A. After a certificate of appropriateness or certificate of economic non-viability has been issued and a regulated permit granted to the applicant, the building official, city engineer or other local authority may from time to time inspect the work authorized and shall talce such action as is necessary to enforce compliance with the approved plans. B. Historic Preservation Commissioners may from time to time inspect, from the public way, the work authorized and shall advise the building official or other enforcement authority as necessary to enforce compliance with the approved plans. 10-15 Violations; Penalties It shall be unlawful for any person to disobey, omit, neglect or refuse to comply with any provision of this chapter, and such person shall be subject to the provisions of sections 11=8 and 1-15 through 1-17 oethe City Code. Section II -Land Use Regulations Article 10 -Historic Preservation Commission Color Map r This map shows the annual average wind power estimates at 5( meters above the surface of the United States. It is a combination of high resolution and low resolution datasets produced by NREL and other organizations. The data was screened to eliminate areas unlikely to be developed onshore due to land use or environmental issue: In many states, the w resource on this map visually enhanced to ' better show the distril on ridge crests and o features. r t e ~~r. ~ ~.~ °~; 0 ~V Wind Power Classification Wind Resource Wind Power Wind Speeds Wind Speeds Power Potential Density at 50 m at 50 m at 50 m Class W/m? m/s mph 3 Fair 300 - 400 6.4 - 7.0 14.3 - 15.7 4 Good 400 - 500 7.0 - 7.5 15.7 -16.8 5 Excellent 500 - 600 7.5 - 8.0 16.8 - 17.9 6 Outstanding 600 - 800 8.0 - 8.8 17.9 - 19.7 7 Superb 800 - 1600 8.8 - 11.1 19.7 - 24.8 a Wind speeds are based on a Weibull k value of 2.0 ijr~ U.S. Department of Energy~~'~~ National Renewable Energy Laboratory I Inif~orl Cf~t®c _ 1A/inrJ Rocni ir~+o i1Aan Color Map California's Wind Slowdown -Green Inc. Blog - NYTimes.com • Small Business • Your Money . Energy & Environment tirl the Bo[t~m Linc January 29, 2009, 7: 03 am California's Wind Slowdown Kate Galbraith Texas 2,7E8 17,116 157% lo~,va 936 2,750 15845 GaiifQrria 2,361 2,517 7°l0 Mirresota 895 1,752 060 '.^lashirgtar ~ 818 1,375 E85'o uL`urce:.An•cricar 1~4'ird Ercrgy Associatiar n Tuesday, I reported on the record g~•owth of winery it12008 (though 2009, with the financial crisis, looks •immer). one of the interesting tidbits in Tuesday's report was that Iowa had passed California to become the No. 2 state for wind power (though it is far behind Texas, the nation's top wind producer). Che chart at the top shows the top five wind power states and how their capacity has grown over the two years between '.006 and 2008. Iowa's wind power capacity grew by 198 percent, Texas by 157 percent, and Minnesota and 1Vashington grew quickly, too. ,he outlier is California, which saw just 7 percent growth in capacity over the same period. 'Vhy has California basically stalled, while other states have forged ahead? I put the question to V. John White, xecutive director of the Center fer ~tjerr~v Efficiency and I~cnewable Technolg 'es in Sacramento. California's Wind Slowdown -Green Inc. Blog - NYTimes.com First, Mr. White pointed out, California was the early leader in wind power - it installed several big projects in the 1980s (one of which, Altamont Pass, has been criticized for harming birds). Not much has happened since, however, end the fact that California moved early "means that the easy projects are already in," said Mr. White. ether projects run into significant transmission constraints, Mr. White said, and an intensive permitting process has also proved an obstacle to growth in California. Both Iowa and Texas, he said, seemed to have "much less rigorous state permitting requirements" than California. And on the federal level, the Bureau of Land Management "has been in some cases extremely difficult." "Regulators are concerned about birds; now they're concerned about bats -and it's restricting. It's getting harder and harder to put wind projects up at a time it should be getting easier." - Maf•k Tholke Qark Tholke, the director of the Southwest region for EnXco, a renewables developer, said that the cost of getting permits in California is "more expensive than any other state by significant amounts." text month, EnXco will inaugurate a 150-megawatt wind farm -large by California's standards - in northern :alifornia. But it first has had to surmount concerns about radar from nearby Travis Air Force Base, and also field last- iinute concerns from the Fish and Wildlife Service about the impact on the tiger salamander. 1r. Tholke noted that the rates paid by utilities in California are higher, so "as a developer we can handle the costs. that we cannot handle is the surprise." regulators are concerned about birds; now they're concerned about bats -and it's restricting," he added. "It's getting order and harder to put wind projects up at a time it should be getting easier." oth Mr. Tholke and Mr. White expressed optimism about the future, since California governor Arnold ~hwarzenegger backs a goal of 33 _percent renewable ver for the state by 2020. 'ne renewable energy goals of California are "very strong," Mr. Tholke said, "and there is a strong demand for green ewer." .~t as Mr. White also pointed out, some California utilities are looking elsewhere for their wind power: Pacific Gas & ectric is studying the feasibility of bringing wind power and other renables~fiocrl British Columbia. think the utilities also see they can get better prices out of state," he said. Wind Farms Want to make your own? See what other people have made You are viewing a tabblo by Groups No groups yet Tags No tags yet Favorited No favorites lists yet Help Log In Next tabblo by Oldbogus The Cotton Gin Fire » U Slideshow Share Purchase L Comments (5) Digg this Print As I travel through Colorado, New Mexico, and Texas, I see wind farms springing up everywhere. I am always fascinated by these engineering marvels! I recall the first commercial wind generator I saw in the "flesh"; it was in Clayton,lVew Mexico on the west side of town. It was clearly visible as one drove in on US 64 from Raton; there was a tavern next door called "The Windmill". I went through there the next year and there was a white pole sticking up and three blades laying on the ground next to it. The tavern was closed. The pole was demolished shortly after that. So wind power development hasn't gone smoothly. There are a lot of technical factors that don't seem obvious at first glance: lateral thrust forces (how hard the wind pushes the mast and individual blades sideways), maximum rotational velocity (how fast and how to limit RPMs), blade balance (an imbalance will cause destructive vibrations), direction control (old water windmills had a "tail" or vane which turned the blades into the wind; modern wind turbines use a motor to rotate the head into the wind), and minimum and maximum windspeeds for production of power. Among many other variables. Here is a Wikl Wind Farms W u C S Obviously these big projects use a lot of land area. But this land is, still available for farming and ranching, as you can see. For safety reasons, urban usage is i discouraged as the Clayton experiment illustrated. These windmills are on the New . Mexico Caprock south of San J on (pronounced hon, Spanish style). San Jon is in far eastern NM t along I-4o and Old Route 66 //app.tabblo.com/studio/stories/view/195083/ Or an amphitheater can be under them. Some of these turbines are on the grounds of the Caprock Amphitheater at the top of San Jon Hill, the south limit of the Canadian River valley. This bluff (below) faces north and is about 500' high. This is the entrance to the Amphitheater with an old wooden windmill by the gate (left). Top of Iowa 3 Wind Farm mge.com > Our Environment > Green Power > Wind T®~ ®f Y®vva 3 Wind Faun MGE began building its Top of Iowa 3 wind farm in Kensett, Iowa, in 2007. It began commercial production of wind power starting in February 2008. The 18 turbines are expected to produce enough energy to power about 12,000 homes. Clean wind energy • Wind farm capacity: 29.7 MW • 96,984 MWH estimated annual production • saving about 107,458 tons of C02 each year Turbines • Manufacturer: Vestas • Model V-82 • Capacity 1.65 MW per turbine • Assembled height with blade straight up: 400 feet (height of WI State Capital building: 286 ft) • Built in Denmark and Spain Turbine operation • Generates at 600Volts AC • Generator cuts in at 8 mph, cuts out at 45 mph • Blades rotate at a constant 14.4 RPM Power • Each tower has 4 sections • assembled tower weighs over 140 tons • 265 feet tall at the hub . Built in Shreveport, LA 3lades • Each blade is 135 feet long • Each blade weighs 8 tons • 270 feet rotor diameter • Built in Isle of Wight, UK .and • 10 landowners host these turbines • Covers 1200 acres • Equipment and 3.5 miles of road use 10 acres of that Top of Iowa 3 Wind Farm Turbines and blades transported by ocean freighter to Texas and from there by truck to Iowa. Towers came by rail from Louisiana to Iowa. Total project budget: 59 million dollars. Contact Us Site MTerms & Conditions PrivacX Web Site Feedback Copyright ©2009 l OkW ~vVind Turbines ~ l OkW Redriven Wind Turbine ~ Wind Turbines for Small Commercial Applicatio... SWEGS Residential Wind Turbines Wind Turbines for Schools Wind Turbines for Car Dealerships 10 kW Wind Turbines 20kW Wind Turbines 50 kW Wind Turbines 250 kW Wind Turbines Stand-Alone Parking /Street Lights Additional Resources il, ~ i 1 i , Ohio Wind Turbine Installations Have a question regarding something you saw on the website? Drop us a c question and a representative w. ,~t back to you within 72 hours. * Denotes required field Name:* Phone: Cit :* State:* Count :* E-Mail:* 'ubmit Query Home~Co 'IOkW Wind Turbines for Residential and Small Commercial Applications 10kW wind turbines are a popular size wind turbine among EPS' customers. The standard 10kW wind turbine is a good size wind turbine fora 2000+ sq. ft. home or a small office building. The advantage of the smaller 10kw wind turbine is that it can be installed in a residential setting. The wind turbine is installed on a 50 ft. (15 m) hinged monopole and requires little stabilization structurally. EPS is an authorized reseller of the 10kW ReDriven Wind Turbine. These private labeled 10kW wind turbines require the least capital investment for those wishing to participate in the alternative energy movement. ~~CS~ Re®ri~en ld~i~d Tta~bilne PP®duct f=eatures 10kW ReDriven wind turbine /generator 16m (52ft) Twin Hydraulic raised tower (free standing) 3 composite blades Blade flange On-Grid turbine computerized controller 2 On-Grid turbine inverter's 2 Isolation Tranformers for each inverter 5 year warranty Included ~'dith This f`~lodel - - - The ReDriven wind turbine Energy Systems have many features to insure reliability Estimated PaybacEc Pero®d ~ ~-~ years ~ 4 {; .. ~.~, _ '~; ~," 4~ ~' ~. , ~~.i'` http://en;;ineeredwindsvstems.com/ten-kw-wind-turbine.html 10/29/2008 ?OkW Wind Turbines 20kw Redriven Wind Turbine ~ Redriven Wind Turbine for Small Office Buildings Residential Wind Turbines Wind Turbines for Schools Wind Turbines for Car Dealerships 10 kW Wind Turbines 20kW Wind Turbines 50 kW Wind Turbines 250 kW Wind Turbines Stand-Alone Parking /Street Lights Additional Resources Ohio Wind Turbine Installations Have a question regarding something you saw on the website? Drop us a c question and a representative w. _at back to you within 72 hours. * Denotes required field Name:* Phone: Cit :* .. State:* Count :* E-Mail:* 'ubmit Query SWEGS 20ltW Wind Turbines for Large Residential and Small Office Buildings Home~Co The 20kW wind turbine is another popular model for.EPS' customers. The 20kW wind turbine is a good size unit for small commercial establishments and industrial users with light electrical loads. The standard 20kW wind turbine is a 60 ft. (18 m) pole and requires more open space than the 10kW model for structure support. EPS is an authorized reseller of the 20kW ReDriven Wind Turbine. These private labeled wind turbines require more initial capital investment than the 101<w model, but offer a great return on investment when used in small commercial and industrial locations. Product Description I ReDriven 20kW Wind Turbine Start up wind speed is 4.5 mph Rated wind speed (to generate 20,000 watts) Maximum power is 26,000 watts 3 blades measuring 10 meters in diameter Recommended tower height is 12 meters 1256 kg generator body weight Aluminum Alloy Case Decibel level at 7 meter (22.4 Feet) is 67 dBl Included ~6ith This Cslodel ReDriven 20kW Wind Turbine/Generator (120' 3 Composite blades Mounting Bracket For Blades Esfirnated Paybaok Perlod - 6-~ years tttp://engineeredwindsystems.com/twenty-kw-wind-turbine.html 10/29/2008 SOkW Wind Turbines Midsize Wind Turbines Residential Wind Turbines Wind Turbines for Schools Wind Turbines for Car Dealerships 10 kW Wind Turbines 20kW Wind Turbines 50 kW Wind Turbines 250 kW Wind Turbines Stand-Alone Parking /Street Lights Additional Resources Ohio Wind Turbine Installations Have a question regarding something you saw on the website? Drop us a o question and a representative w. ,at back to you within 72 hours. * Denotes required field Name:* Phone: Ci :* State:* Count :* E-Mail:* 'ubmit Query SWEGS WomeiCo 50kW Wind Energy Turbines (Entegrity EW15 Turbine) EPS is an authorized reseller / installer of the Entegrity 50kW wind turbine. This proven 50kW wind turbine is the right size wind turbine for small and midsize industrial users or large commercial users. Auto dealerships, schools, and governmental buildings are ideal candidates for 50kW wind turbine. The Entegrity 50kW wind turbine can be mounted on an 80, 100, or 120 foot (24, 30, 37 meter) lattice tower. Or for a cleaner appearance, a monopole option is available in the same heights. system Type: Grid connected Configuration: Horizontal axis Rotor diameter:49.2 ft (15 m) Centerline hub height: 82 ft (25 m) Perfoemance Perarv~~ters Rated electrical power: 50 kW @11.3 m/s {25.3 mph) tend speed ratings: • Cut-in: 4.6 m/s (10.2 mph) • Shut-down (high wind): 22.4 m/s (50 mph) • Design speed: 59.5 m/s (133 mph) Calculated annual output: • 5.4 m/s (12 mph) 87,000 kWh 100 % availability: • 6.7 m/s (15 mph) 153,000 kWh • 8.0 m/s (18 mph) 215,000 kWh Estimaged Payback Per6®d ~ 6-S years Con act EPA SWEGS Nevada, Iowa. Wind Turbines near the end zone of school football field. w w w. s k y s t r e a m e n e r g y. c o m Introduction e S[~ystream 3.~ The first small wind generator designed specifically for utility-connected residential and commercial use, Skystream 3.7® from Southwest Windpower lets home owners and business owners harness wind energy and take control of their energy bills like never before, Specifically for Grid-Connectivity Skystream 3,7 is specifically designed for utility-connected home and business use. In certain states consumers can take advantage of "net-metering" or the sale of unused energy back to the power grid. Low Cost Skystream 3,7 costs approximately $12,000 to $18,000' to purchase and install, although costs vary significantly depending on your site. Depending on the tower and installation costs, wind speed average, rebates and local electricity costs, Skystream 3.7 can pay for itself in as quickly as 5 years. All-in-One Solution Skystream 3,7 offers a simple, all-in-one solution to harnessing wind energy on a residential scale. Different from all other technologies, Skystream 3.7 is the first all-inclusive wind generator with the controls and inverter built in. Energy Production in Exceptionally Low Wind Designed for very low winds, Skystream 3.7 begins producing power in an 8 mph (3.5 m/s) breeze with full output achieved at 20 mph (gm/s). Low Profile Skystream was designed to blend into the environment. When mounted on towers ranging from 33 - 60 ft (10.6 - 18.3 m), it has little impact on the surroundings. Towers up to 110 ft (33.5 m) are available, A site assessment is important to determine the best tower height for your site. Exceptionally Quiet Operation Skystream 3.7 is exceptionally quiet. In fact, Skystream's sound is unrecognizable over trees blowing in the wind. The sound pressure level generated by Skystream is in the range of 40-50 decibels which is quieter than back- ground noise in a home or office. Award-Winning Technology Skystream 3,7 was awarded a 2006 Best of What's New award from the editors of Popular Scierice and was- included in TIME magazine's 2006 Best Inventions. icludes a 5 year warranty QW ELS ttp://www.skystreamenergy.com/images/photos/39_janes_home.jpg 10/28/2008 Rwfcs RWEGS SeaHawk -Vertical Axis Wind'Turbine (VAWT) home about us privacy policy send email site map S MwT 5ARCH , Home > Pacwind2 > SeaHawk -Vertical Axis Wind Turbine (VAWT) Ltd SeaHawk -Vertical Axis Wind Turbine (VAWT) Item# SeaHawk Regular price: $4,994.99 Sale price: ,3,a Availability: Usually ships the next business day. Environmentally Friendly Renewable Energy Products PacWind Technology Products 1 kW class Vertical Axis Wind Turbines (VAWT's) Sea Hawk Model Overview: The Vertical Axis Wind Turbine (VAWT) converts wind energy to electrical power. The VAWT directional low wind-speed generator that may be easily installed practically anywhere with exposure. This silent generator may be painted to aesthetically blend into its surrounding ei The VAWT is seen as a solid object as the rotational speed increases, making it visible to bii strips may be installed for night detection. The VAWG has a 3-phase A.C electrical power cc 3-phase rectifier. The system includes a 60 Amp Load Diversion Controller. Features: ikW Unit Low Wind Speed Operation Direct Drive Generator Silent Operation Operation and Free 5 Year Limited Warranty Power Generator Description The VAWT converts wind energy to electrical energy. The wind pressure (associated with wi the cage blades cause the cage structure to rotate. The magnetic field movement across wi httn•//www.wifi-nartccnm/ceahawk html 11 /7.1 /~.MR f3 MWT httn://us.stl2.vim~.com/us.st.vim~.com/I/wife-harts 2029 105033 11/21/2008 OMWT HELIX MObEL S594 OUR PHILOSOPHY Freedom is at the heart of our values -energy independence and autonomy - a freedom fueled by a resource that never runs out. The wind. Often the simplest and most elegant solutions are the best. We believe that energy self sufficiency is better than the current antagonistic legacy system in decline. However progressive change requires courage, creative and positive innovation and unerring focus on performance. This is the soul of the Helix system. Aterage Wnd Sp®ed (m!s) Urban structures create turbulence and gusts which are ideal forVawt applications. Horizontal Turbine UertiplTurbine clue Smooth laminar windliow Murt have smooch lamimr wind - furv=uons in wind hom arty direnion. Turbulence boundary 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: Follow-Up to City Council Work Session #1 -Unified Development Code DATE: May 21, 2009 INTRODUCTION The City Council had several concerns and requests at the first of four work sessions on the proposed Unified Development Code (UDC) on May 11, 2009. This memorandum provides a response to those questions and concerns for City Council consideration at their second UDC work session on May 27, 2009. DISCUSSION At the May 11, 2009 work session, the City Council reviewed Articles 1through 5 of the proposed UDC. Planning Services and Legal staff have reviewed the City Council's questions, and prepared the following responses regarding their UDC issues: 1. Clarification on "substantially complete" in reference to Article 3 (3-10) on occupancy of basements. Planning Services staff recommends deleting the provision in Article 3 (3-10) regarding occupancy of basements because the Building Code already regulates residential occupancy and building completion time lines. This deletion removes the provision with the ambiguous phrase "substantially complete" from the UDC. 2. Renaming home occupations to home-based businesses. The term Home Occupation has been changed to Home-Based Business as per City Council request. This term must be changed in Article 5 in all residential districts where it is listed as an accessory use, in Article 2 Definitions, and in Article 7-1 Supplemental Regulations. 3. Specific language related to places of religious exercise or assembly. The City Council requested that the UDC provide a refined definition of places of religious exercise or assembly. After further research of the RLUIPPA (Religious Land Use and Institutionalized Persons Protection Act), it appears Follow-Up to City Council Work Session #1 -Unified Development Code page 2 that a definition of religious exercise has been purposely kept vague or all inclusive for the following reasons. It may be difficult in light of the constitutional protections afforded religious activity for a municipality to define religion, or church. So, staff feels the UDC language should remain as "Place of religious exercise or assembly". In discussions with Legal staff, it was determined that if a citizen, or group of citizens, were engaged in what appears to be a commercial activity, and they claimed it was religious activity to skirt the UDC provisions, staff could enforce and the individuals could challenge staff's interpretation at the ZBA. If staff interpretation was upheld it would be up to the citizen(s) to challenge at the district court. If the citizen(s) interpretation were upheld, it would be up to the City to challenge at the district court. We have seen this process twice before. The definition of convent was challenged and the City's interpretation was ultimately upheld. Also, the Shalom Center began to offer non-religious services such as massage therapy and Tai-Chi classes to the general pubic for a fee. Staff required that the Shalom Center rezone to allow commercial activity. 4. Definitions for hospitals and sports/recreation. The recommended definition of Hospital is: An institution that provides medical, surgical or psychiatric care and treatment for the sick or injured. In the residential districts, sport, recreation, and outdoor cooking equipment is listed as an allowable accessory use. An accessory use is defined in the UDC as: a use incidental, 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. Staff recommends that we not specifically define sport, recreation, and outdoor cooking equipment. This lets staff more effectively deal with existing and future types of backyard equipment. REQUESTED ACTION The requested action is for the City Council to review and comment on the recommendations. Enclosures cc: Kyle Kritz, Associate Planner Guy Hemenway, Assistant Planner Wally Wernimont, Assistant Planner James O'Brien, Assistant City Attorney 2