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Unified Development Code Text Amendment - Title 16_Eliminate Definition of Family_Hearing Copyrighted March 19, 2018 City of Dubuque Public Hearings # 5. ITEM TITLE: Unified Development Code Text Amendment- Title 16 to Eliminate the Definition of"Family" SUMMARY: Proof of publication on notice of public hearing to consider approval of a request from the City of Dubuque to amend the Unified Development Code Title 16, Chapter 2 to eliminate the definition for"family" to comply with State Code and Zoning Advisory Commission recommending approval. ORDINANCE Amending Title 16 of the City of Dubuque Code of Ordinances, Unified Development Code, by amending Section 2. Definitions to delete definition of "Family." SUGGESTED DISPOSITION: Suggested Disposition: Receive and File; Motion B; Motion A ATTACHMENTS: Description Type ZAC letter Staff Memo Staff Material Supporting Documentation Ordinance Ordinance Suggested Nbtion Wording Supporting Documentation Pla�ning Seivices Deparfinent � City Hall Dubu ue 50 West 13���Street THE CITY OP 9 Dubuque,IA 52001-4864 luEl��n�� I�, (563)589-4210 phone � V L L 1 I I I I( (563)589�221 Eax (563)690.6678 TDD �. plannin¢��cityofdubuque.or¢ Masterpiece on the Mississippi Zom'2ot2 zo�s�aot� March 9, 2018 The Honorable Mayor and City Council Members City of Dubuque City Hall — 50 W. 13�h Street DubuquelA 52001 Applicant: City of Dubuque Description: Text Amendment for Unified Development Code Section 2 to Eliminate the definition of Family Dear Mayor and City Council Members: The City of Dubuque Zoning Advisory Commission has reviewed the above-cited request. The application, staff report and related materials are attached for your review. Discussion Associate Planner Kyle Kritz spoke in favor of the request, reviewing the changes to State Code that necessitated the requested amendment to the Unified Development Code removing the definition of Family. Staff reviewed that regulations designed to protect the health and safety of residents within a dwelling unit must be applied equally regardless of familial status. The Zoning Advisory Commission discussed the request, and had no objections to the amendment. Recommendation By a vote of 5 to 0, the Zoning Advisory Commission recommends that the City Council approve the request. A simple majority vote is needed for the City Council to approve the request. RespectFully submitted, ' �!�"/6� Thomas Henschel, Chairperson Zoning Advisory Commission Attachments cc: Alvin Nash, Housing & Community Development Director Service Pcoplc In[egrity Responsibility Innovafion Teainwork Pla�nting Se�vices Department 'i't3E ci'i'x or o�ubuqu.�e City Hal]-50 West 13°i Street � u.Tt�m Dubuquc,IA 52001-4845 D�R � ������ (563)SS9-4210 phone �� (563)589 1221 fax ''O�'�'O12 (563)690-6678 TDD Masterpiece on the Mississippi ,p,,.,o„ plannin¢ecityofdubuoue.ore PLANNING APPLICATION FORM ❑Variance ❑Planned District ❑Major Site Plan ❑Certifcate of Economic Non-Viability I ❑Conditional Use Permit ❑Preliminary Plat ❑Major Final Plat ❑Certifcate of Appropriateness ❑Appeal ❑Minor Final Plat ❑Simple Subdivision ❑Historic Designation I, ❑Special Exception �Text Amendment ❑Annexation ❑Neighborhood Assoc ! ❑Limited Setback Waiver ❑Simple Site Plan ❑Temporary Use Permit ❑Advisory Design Review I ❑Rezoning ❑Minor Site Plan ❑Other: Please rioe or orint leaiblv in ink Property owner(s): N/A Phone: Address: City: State: Zip: Fax Number: Cellular Number: E-mail Address: Applicant/Agent: Michael C. Van Milligen Phone: 563-589-4110 Address: 50 W. 13�h St. City: Dubuque State: IA Zip:52001 Fax: Cell: E-mail: ctymqrCa�citvofdubuaue org Site location/address: N/A Existing zoning: N/A Proposed zoning: N/A District: N/A Landmark: N/A Legal Description (Sidwell parcel ID# or lot number/block number/subdivision): N/A Total property (lot) area (square feet or acres): N/A Describe proposal and reason necessary (attach a letter of explanation, if needed): To amend Unifed Develooment Code Section 2 to eliminate the def nition for"familv"to comply with new State Code in HF134. CERTIFICATION: I/we,the undersigned, do hereby certify that: 1. It is the property owner's responsibility to locate property lines and to check your abstract for easements and restricfive covenants. 2. The information submitted herein is true and correct to the best of my/our knowledge and upon submittal becomes public record; 3. Fees are not refundable and payment does not guarantee approval; and 4. All additional required written and graphic materials are attached. Property Owner(s): Date: /� Applicant/Agent: ;� � � �� Date: � � � �r/� FOR OPFICE USE ONLY—APPLICATION BMITTAL CHECKLIST � Fee: N/A Received by: /• Date: I•/�I•IB Docket: Site/sketch plan Conceptual Development Plan Photo Plat Improvement plans Design review project description Floor plan Other: THE CITY OF Dubuque �' D�L E AlI AmlNC7 CIry ;�i��� �; Masterpiece on the Mississippi 2°°''Zo'Z 2013�2017 TO: Zoning Advisory Commission FROM: Laura Carstens, Planning Services Manager`✓c�� SUBJECT: UDC Amendment to Comply with HF134: Residential Occupancy DATE: January 18, 2018 INTRODUCTION The purpose of this memo is to transmit for the Commission's review and recommendation for approval, the proposed amendment to Title 16 Unified Development Code (UDC) to comply with the 2017 passage of House File 134, which eliminates cities' authority to regulate residential rental occupancy based upon the existence of a familial or non-familial relationship between the occupants. DISCUSSION HF 134 amends the lowa Code for Municipal Zoning in Section 414.1, subsection 1 by adding the following: "b. A city shall not, after January 1, 2018, adopt or enforce any regulation or restriction related to the occupancy of any residential rental property that is based upon the existence of familial or nonfamilial relationships between the occupants of such rental property." Enclosed are a copy of HF 134 and related information. City stafF from the Housing & Community Development Department and City Attorney's Office determined that the City would continue to regulate residential rental occupancy with City Code regulations found in Section 404 Occupancy Limitations, adopted as part of Title 14 Building and Development, Chapter 1: Building Codes, Article J. International Property Maintenance Code (IPMC), 2015 Edition. Section 404 includes provisions for: minimum area requirements for living rooms, dining rooms, and bedrooms based on the number of occupants. Enclosed are a copy of IPMC Section 404 and related information. UDC Chapter 2: Definitions contains this definition for Family: Any number of people occupying a single dwelling unit living together as a single housekeeping unit, related by blood, marriage, or formal adoption, plus not more than three (3) additional people not so related, except that foster children and persons with disabilities as defined in section 8-1-1 of this code, shall be considered a family. RECOMMENDATION The recommended amendment to the UDC is to eliminate the definition of Family for the following reasons. An ordinance for this UDC amendment is enclosed 1 . The UDC definition of Family is contradictory to the provisions of HF 134. . The familial or nonfamilial relationships between the occupants is not an assurance that people are residing in decent, safe, and sanitary conditions, and that overcrowding is not occurring. . The IPMC's minimum area requirements for living rooms, dining rooms, and bedrooms based on the number of occupants is an enforceable regulation that can assure that people are residing in decent, safe, and sanitary conditions, and that overcrowding is not occurring. REQUESTED ACTION The requested action is for the Commission to review and recommend approval of the proposed UDC amendment for compliance with HF 134 to the City Council. Enclosures F:\Users\LCARSTEN\WP�ZONING\HF 734\Memo ZAC UDC Amendment HF 134.doc 2 House File 134 - Enrolled House File 134 AN ACT RELATING TO THE AUTHORITY OF CITIES TO REGULATE AND RESTRICT THE OCCUPANCY OF RESIDENTIAL RENTAL PROPERTY. BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: Section 1 . Section 414 .1, subsection 1, Code 2017 , is amended to read as follows: 1. a, For the purpose of promoting the health, safety, morals, or the general welfare of the community or for the purpose of preserving historically significant areas of the community, any city is hereby empowered to regulate and restrict the height, number of stories, and size of buildings and other structures, the percentage of lot that may be occupied, the size of yards, courts, and other open spaces, the density of population, and the location and use of buildings, structures, and land for trade, industry, residence, or other purposes. b. A city shall not, after January l, 2018, adopt or enforce any regulation or restriction related to the occupancy of residential rental property that is based upon the existence House File 134, p. 2 of familial or nonfamilial relationships between the occupants of such rental property. LINDA UPMEYER JACK WHITVER Speaker of the House President of the Senate I hereby certify that this bill originated in the House and is known as House File 134, Eighty-seventh General Assembly. CARMINE BOAL Chief Clerk of the House Approved , 2017 TERRY E. BRANSTAD Governor i . , , , , , „ , . , , , , , . : : � . . : - = � �u � - r . � i�fanj,cities in Io«�a havc oi dinances limiting the number of unrelated _ �_SERVICESI. .. individuals u�l�o can occupp residential L�enral properues. This tepe of ordinance came under frre duTing tihe 20'171egislative session, prompting the passage of HF'134. The bill eliminates ciries' aut�horit}� to regulate `i;;�� � residential rental occupanc5�based upon the existence of a familiaL oi R� non-familial xelationship behveen the occupants. It will a11ou an iudetex- � ��� � ininate nuinber oF xenrers to occup}'a single famil5-home,rendecing it � �, � � '�� more difflcult for cities to regulate, procide infrasuucture for and protect { � �� ' �� h°ie �i ; lo�v densits housing neighborhoods. � Ad�ocates of I Ir13=F framed the issue as a social one,arguing that �`"'�.d i gn mg at��officials the poR�ex to derennine��hat consututes a "tamilp" � _ � � relationship leaves the door open ro discximination. The League ugued �i� _u rE}'•`�� that it is a planning and zoning issue go�erned be ciries' home rule au- � 1�"� I thorit<< to pieserce cert�in neighborhoods ae single familv, '� In Amer Reratal Propeity Arsociahon u Cii?� of Arrrer (2007J,the Io�va = ' „ ,_._ � u:� , Supreme Court upheld the�alidin of an.5mes zoniag ordinance that a11o��ed an tilnlimited numbei of related persons to li�*e togethei while Oiy:;��0 limiei�g to three the numbei ot unxelated persons wl�o could live togeth- ;''�;���,� �88$� $�9�12�� er in sin l�-familv zones. The court reco nized that ciues ha�-e an interest ���"��-"t� � WWw.m58-pS.Com `� g 0�'�'�"'"' CED�R RAPIDS � DES MOIDIES in protecting d1e health, safen', morals a�d general«clYaxc of the com- Ej� � ouauQue � Quno unes munin�. lk�hen cities invest in cleveloping a single-tamilp residenual neigh- , _ __ , bochood, tl�ey make planoiag and infrastructute decisions to suppart a ` I low-densit�-, single-familc netghborhood. These areas are not equipped � � to handle the pa�lcing, [rafhc,se���ei and otk�ei high-densin infrastructore • � � needs oE multi-fanul` homes. There are also concerns abouC the propein� � ' � .I9 I rights oF su�gle-famIl��hotneoamers��rho Purchased their homes in neigh- � '�` I borhoods thep thought�cere zoned to be single-tamil5� onhc —_ --� Some supporters of HF134 belie�-e that allo«ing mm�icipalities to � � define "familj=" and use that definiuo� to determine�vho can and cannot � � � � � � ��� ��ent a home allo�=s discrimination against non-u-ndidonal families, such o �� as diose headed b� s:�me-se� couples oi unmarxied 6eterose�ual parmers. HP134 passed�citli��idespread, bipautisan support among membeis of d�e staee legislamre.The biL1 goes into effect on Januars 1, 2018. Cities should re�ie�v their zoning orclinances and contact theix ci�� at[orneq Co determine die best«a�� to regulate occupancc in thes eommunities. Pacl;- � """'" � ing nnd traffic coneems can ofren be addressed thiough ordina�ces not � related to zoning. Cities chac��ant to continue to maineain the lo�r-densit}' � natuie of single-tamil� residential neighborhoods ma�-�vnnt to considet •sen�ta�y a stomr sewa�s re�ul2tino occu�ancc based o� s ua�e Footaae, •dat e�eanrng a r, � n a •Color N Inspect�on(pen s nrnipn resomrmn) •Grout Sealing Plpelines&Manholas •Hydraulic Rodding I�ndrep�1lcCurre ir tbe Leaar�e�goA�c�rnirze��!a�jairr r�earzcrger and rern be reocbed ot •Root conrro� - •Menhole Rehed (575)244-7282 or/indae}'mrsune@imraleague.a�o. •wate�Filtors •DigesferCleaning •Air&Smoke Tesfing 712-262-5687 • 712-260-1223 Irnra I.eague of Cities � ]�d�°2017 � 13 CHAPTER 4 LIGHT, VENTILATION AND OCCUPANCY LIMITATIONS II SECTION 401 SECTION 403 GENERAL VENTILATION 4011 Scope. The provisions of lhis chapter shall govem thc 403.1 HaUitable spaces. Every habitab/e space shall have � minimum conditions and standards for light, ventilation and not less Ihan one openable window. The total openable area space for occuyying a structure. of Ihc window in every room shall be equa(to not less than 45 401.2 ResponsibIlity. The onmer of the strucmre shall pro- Percent of the minimum glazed area required in Section ' vide and maintain light, venulation and space conditions i❑ 402.1. compliance with these requirements. A person shall not Exception: �Vhcrc rooms and spaces without openings to occupy as o�vneroccupant, or permit another person to the outdoors are ventllated through an adjoining room,the occupy, any premises that do not comply with the require- imobstructed opening to lhe adjoining room shall be not ments of this chapter, ]ess than 8 percent of fhe floor area of thc in[erior room or 401.3 Alternative devices. In ]ieu of the means for natural space,but not less than 25 square fect(2.33 mZ),The ventf- light and ventilpHon herein prescribed, artlficial ligl�t or lation openings to the outdoors shall be based on a tota] mechanical ventilatio� complying with the Internationa! �7oor area being ventilated. Buildmg Code shall be permitted. 403.2 BaU�rooms and toilet rooms.Every bathroom and toi- /et room shall comply with the ven[(latto�re9uirements for habitabfe spaces as required by Section 4031, except [hat a SECTION 402 wi�dow shall not be required in such spaces equipped with a � LIGHT mechanical venttlation system. Air exhausted 6y a mecliani- 4021 Habitable spaces. Every habilab/e space shall have ca] ventilation system from a bath��oom or mtle!room shall � not less [han one window of approved size facing direcfly[o discharge[o the outdoors and shall not 6e recirculated. the outdoors or to a courL The minimum tota]glazed area For 403.3 Cooking facili[ies.Unless approved through the certif- every Babi�aG/e space shall be 8 percent of the floor area of icate of occupancy, cooking shall not 6e permit[ed in any I such room. Wherever walls or othcr portions of a struct�re rooming u�it or dormitory unit, and a cooking facility or face a win�Jow of any room and such obstructions are loca[ed appliance shall not be permitted to be present in the rooming less than 3 feet (914 mm) from the window and extend to a un!!or donnitory untt. . ]evel above Ihat of the ceili�g of the room,such window shall ExcepHons: ' not be deemed to face directly to the outdoors nor to a murt - and shall not be included as contributing to the required mini- 1. Where specifically�pproved in writing by the code mum tota]window area for the room. official. Exception: bVhere natural light for rooms or spaces�vith- 2. Devices such as coffee pots and micro�vave ovens out exterior glazing areas is provided through an adjoining shall not be co�sidered coohing appliances. room, the imobstmcted openi�g to the adjoining room 403.4 Process ventilatron. Where injurious, toxic, ir�itating shall be not less than 8 percent of the floor area of the inte- or noxious fumes,gases, dusts or mists are gencrated,a loca] rior room or space,but a minimum of 25 squam fcet (2.33 exhaust ve�tllaa'on sys[em shall be provided m remove the m ). The exterior glazing area shaLl be based on the total contaminating aaent at the source. Air shall be eshausted to � floor area being served. the exterior and not be recirculated to any space. 4022 Common halls and stairways. Every common hall 403.5 Clothes dryer e��aust.Clothes dryer exhaust systems and stair�vay in residential occupancies, o[her than in one- shall bc indcpendent of all other systems and shal! be - ar�d hvo-Family d�vellings, shall be lighted at all times �vith exhausted outside Ihe structure in accordance with[he mana- not less than a 60-wat[ standard incandescent light bulb for facturer's instmctions. each 200 square feet (l9 m2) of f7oor area or equivalen[ illu- � mi�atioq provided that the spacing 6etween lights sh�ll not Exception: Listed and labeled condensing (ducdess) be greater than 3D feet (9144 mm). In other Ihan residentia] clothes dryers. . occupancies, means of egress, including ex[erior means of � . egress,stai�ways shall be illuminated at alI times the building SECTION 404 space served by ihe means oFegress is occupied with not less OCCUPANCY LIMITATIONS �� than 1 footcandle(11 lux) at 800rs,landings and treads. � 902.3 Otl�er spaces. All o[her spaces shall be provided with 90d.1 Privacy. D�velling m�its, hote] units, hoirsekeeping natural or artificialligitt sufficient to pe[mit the maintenance units,roomiq;units and domiltory anits shaL]be arranged to of sanitary conditions, and tlie safe occupancy of the space Provide privacy and be sepante from other adjoining spaces. and utilization of the a�pliances,equipment and fixtures. �. 20151NTERNATIONAL PROPERTY MAINTENANCE CODE` �7 '�� � � ' � " ' Copy�i�ht ro,or liccn,�cd by,ICC(ALL RIGHTS RES6RVED);acacsseJ hy Ummic Schllllny on]un 11,3o15 10:0�:01.1M pvnuam to Llccnsc �. Agmcnsnt.No funhcr repro�nctions autho�iutl. �i LIGHT,VENTILATION AND OCCl1PANCY LIMITATIONS 404.2 Minimiun room widths.A habitable room, other than ments of Chapter 5; the heafing facilities and clectrical a kitchen,shall be not less than 7 feet (2139 mm) in any�tan receptacle requirements of Chapter 6; and the smoke dimension.Kitchens shall have a minimum clear passageway detecror and emergency escapc rcquiremcnts of Chap[er 7. of 3 feet (914 mm) behveen cou�terfronts anct appliances or 404.5 Overcrowding. Dwelling imits shall not be oceupied counterfronts and walls. by more occupants than permitted by the minimum area 404.3 Minimum ceiling heights. Habitab/e spaces, hall- requirements of Table 409.5. ways, corridors, laundry areas, batl�rooms, toilet rooms and TABLE 404.5 habitable basemen(are2s shall havc a minimum cicar cciling MINIMUM AREA REQUIREMENTS height of 7 feet(2134 mm). MINIMUM AREA IN SQUARE FEET t.XCe�tions: SPACE 1.2occupams 3�Soccupants 6ormoreoccupants I. In one-and hvo-family dwellings, beams or girders Living room'�" 120 120 ISO spaced no[less than 4 feet (1219 mm) on center and projecting a maximum oF 6 inches (152 mm) below Dining room'�" No 80 100 the required ceiling height. requirement 2. Basement rooms in one- and two-family dwellings Bedrooms Shall comply witli Section 904.4.1 occupied exclusively for lumdry,study or recreation Fo�sl: �sq��are eooc=aoe2s m'. �urposes,having a minimum Ceiling height of 6 feet a. See Seclion 40A.52 for mmbined livin�room/dining room spaces. S InChes (2033 mm�With a minimum clear helgh[of 6.See Sec�ion d0A.5_I Por limifations on detennining the minimum 6 feCt 9 inche5 (1932 mm� under beam5, girders, occupancyareaforsleepingpurposes. ducts nnd similar obstructions. 404.5.1 Sleeping area. Thc minimum occupancy area 3. Rooms occopied exclusively for sleeping, study or required by Table 404.5 shall not be incladed as a slceping similar pur�oses and having a sloped ceiling over all area in determini�g the minimum oca�pancy area for or part of the room, with a minimum clear ceiling sleeping purposes. Sleeping areas shall comply with Sec- height of 7 feet (2134 mm) over not less than one- tion 404.4. Ihird of the required minimum floor area. In calcu- 409.5.2 Com6ined spaces. Combined living room and ]ating the floor area of such rooms, only those pory dining room spaces shall comply with the requirements of tions of the floor arca�vith a minimum clear cei]ing Table 404.5 if thc total area is equa] to that required for height of 5 feet (1524 mm)sha]I be induded. separate rooms and if the space is]ocated so as to function 404.4 Bedroom and living room requirements.�very bed- as a combination living room/dining room. room and living room shall comply with the requirements of 404.G EFficiency unit Nothing in this sec�ion shall prohibit Sections 404.41 through 409.4.5. an efficiency]iving unit from meeting the following require- 404.41 Room area. Every living romn shall contain not ments: ]ess than 120 square feet (ll.2 m� and every bedroom 1. A unit occupied by not more than one ocwpant shall shall contain not less than 70 square feet (6.5 mZ) and have a minimum clear floor area of 120 square fcet every bedroom occupied by more than one person shall (112 mZ). A u�it occupied by not more than two occu- contain not Icss than 50 square feet (4.6 m2) of floor area pants shall have a minimum clear floor area of 220 for each occupant Ihereof. square feet (20.4 m�. A unit occupied by thrne occu- 404.42 Access from bedrooms.Bedroomsshall not con- P�nts shall have a minimum dear floor area of 320 stitute the only mcans of access to o[her bedrooms or hab- square feet (29.7 mZ). These required areas shall be itable spaces and shall not serve as the only mcans of exclusive of the arnas required by Items 2 and 3. egress from other habitab/e spaces. 2. The unit shall be provided with a kitchen sink, cooking Exception: Units that contain fewer than two bed- appllance and refrtgeration facilities, each havi�g a raoms. minimum clear working space oF 30 inches (762 mm) 40�}.4.3 Water closet accessibility. Evcry bedroom shall �n front L3ght a�d venlilation conforming to this code have access m not less than one water closet and one lava- shall be provided. tory without passing through anothcr bedroom.Every bed- 3. The unit shall be provided with a separate bathroorn room in a divelling uni(shall have access to not less than containing a tvater closet, lavatory and bathtuh or one wa[er closet and lavatory located in the same story as shower. the bedroom or an adjacent story. 4. The maximum number of occupan(s shall be three. 40�1.4.4 Prohibited occupancy. Kitchens and nonhabit- 404.7 Food preparation. All spaces to be occupied for food able spaces shall not be used for slceping purposes. preparation purposes shall contain suitable spacc and equip- 404.4.5 Otl�er requirements. Bedrooms shall comply ment to storc, prepare and serve foods in a sanitary manner. with the applicable provisions of this code indudi�g, but There shall be adequate fadlities and services for the sanitary not limlted to, the light, ventilatio�, room area, ceiling disposal of food wastes and refuse, including facilities for height and coom width re9uirements of this chapter, the temporary storage. plumbing faclli[ies and water-heating facillties require- 18 2015 INTERNATIONAL PROPERTV MAINTENANCE CODE` � � I � I ' I Capy�i�hi lo,or IimnsN Ly,ICC(ALL RIGIfPS RCSERVED7;acccucd by Dcnnis Schiillnc on Inn i l,?015 10:09:01 AM pnrs�mnt m Liccnsc �cremncni.No Po�Ihe�mpmducuons awhadxd. i � Section 404 — Occupancy Limitations • 404.1 Privacy — D.U., hotel, housekeeping, rooming and dormitory units arranged to provide priv�cy and be separate from other adjoining spaces. • 404.2 Niinimum room widths — Habitable (other than kitchen) not less than 7' in any plan I dimension. Kitchens must have ciear passage�Nay of 3' bebNeen counter fronts and appliances or counter fronts and walls, � 404.3 IVtinimum ceiling heights — Clear ceiling height of not less than 7' for habitabl2, haliways, corridors, laundry areas, bathrooms, toilet rooms and habitable basement areas. s; • 404.4 Bedroom and living room requirements — Must comply with the following: 1. Room area—Living room must have at least 120 sf and �� bedroom at Ieast 70 sf. 2. Access from bedrooms—Can not be the only means of access to other bedrooms or habitable spaces. Not serve as only means of egress from other habitable spaces. 3. Nlater cbset accessibility—Every bedroom have access to at least 1 water closet and 1 lavatory w/o passing through another bedroom. Every bedroom have access to at least 1 water closet and lavatory located on the same story at the bedroom or an adjacent story. 4. Prohibited occupancy—Kitchens and non-habitable spaces shall not he used for sleeping purposes. 5. Other requirements—Must comply with liz�ht,ventilation, room area, ceiling height and room width requirements and othercodes. ' ss I � ZPM � � � 404.5 Overcrowding Dwelling units shall not be occupied by more occupants than permitted by the minlmum area requirements of Table 404.5. fi9 < y �: t i� . ��, � . SPACE� �� MiWIMUM AREA IN SQUARE PEET���� . � 1 -2 Occupants 3-5 Occupants 6 or mor= �, Occupants Living Room` 120 120 150 .� Dining Room` No requirement 80 100 '�, Bedrooms Shall comply with Section 404.4.1 ;. For St: 1 square foot=0.029 m2 � 'See Section 404.5.2 for combined living room/dining room spaces. ; `See Section 404.5.1 for limitations on determining the minimum . occupancy area for sleeping purposes. �o � Prepared by: Laura Carstens, City Planner Address: City Hall, 50 W. 13th St Telephone: 589-4210 Return to: Kevin Firnstahl, City Clerk Address: City Hall- 50 W. 13th St Telephone: 589-4121 ORDINANCE NO. 10-18 AN ORDINANCE AMENDING TITLE 16 OF THE CITY OF DUBUQUE CODE OF ORDINANCES, UNIFIED DEVELOPMENT CODE, BY AMENDING SECTION 2. DEFINITIONS TO DELETE DEFINITION OF "FAMILY" NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That Title 16 of the City of Dubuque Code of Ordinances, Unified Development Code, is hereby amended in Section 2. Definitions by deleting definition of "Family" as shown below: FAMILY: Any number of people occupying a single dwelling unit living together as a with disabilities as defined in Section 8 1 1 of this Code, shall be considered a family. Section 2. The This ordinance has heretofore been reviewed by the Zoning Advisory Commission of the City of Dubuque, Iowa. Section 3. This ordinance shall take effect immediately upon publication, as provided by law. Passed, approved and adopted this 19th day of Marcg, 2018. Roy D. Buoj,jMayor Attest: STATE OF IOWA {SS: DUBUQUE COUNTY CERTIFICATION OF PUBLICATION I, Suzanne Pike, a Billing Clerk for Woodward Communications, Inc., an Iowa corporation, publisher of the Telegraph Herald,a newspaper of general circulation published in the City of Dubuque, County of Dubuque and State of Iowa; hereby certify that the attached notice was published in said newspaper on the following dates: March 23, 2018, and for which the charge is $15.16. Subscribed tobefore me, a this .:=2, 7 day of tary Public in and for Dub ,204 ue County, Iowa, Notary Public in and for Dubuque County, Iowa. MARY K cTE RX14Y 4 I.°Oil'`QnssktlN n.be3 i54885 Myr ' oTCln1l '' ._. r1 Feb. 1, 2020 OFFICIAL PUBLICATION ORDINANCE NO. 10-18 AMENDING TITLE 16 OF THE CITY ' OF DUBUQUE CODE OF ORDINANCES, UNI- FIED DEVELOPMENT CODE, BY A�Iu1E1 DING j SECTION 2. DEFINI- TIONS TO DELETE DE- FINITION OF'"FAMILY" NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: 'Section 1. That Title 16 of the City of Dubuque - Code of Ordinances, Unified Development Code, is hereby amended in Section 2. Definitions by deleting definition of "Family" as shown below: FAMILY: Any number of people occupying a single dwelling unit living together as a single housekeeping unit, related by blood, marriage . `or formal adoption, .,• plus not more than three (3) additional people not so related, except that foster children and persons with `,disabil- ities as defined in Section a-1-1'; of this Code, shall be con- sidered a family. ' Section 2. The This 11 ordinance has hereto11 - fore been reviewed by the Zoning Advisory Commission of the City of Dubuque, Iowa. Section 3. This ,ordinance shalki'take effect immediately up- on publication, as pro- vided by law. Passed, approved and adopted this 19th day of March 2018. /s/Roy D. Buol, Mayor Attest: /s/Kevin S. Firnstahl, City Clerk Published officially in, the Telegraph Herald' newspaper on the 23rd day of March 2018. /s/Kevin S. Firnstahl, City Clerk 1t 3/23 STATE OF IOWA {SS: DUBUQUE COUNTY CERTIFICATION OF PUBLICATION I, Suzanne Pike, a Billing Clerk for Woodward Communications, Inc., an Iowa corporation, publisher of the Telegraph Herald,a newspaper of general circulation published in the City of Dubuque, County of Dubuque and State of Iowa; hereby certify that the attached notice was published in said newspaper on the following dates: March 9, 2018, and for which the charge is $27.32. Subscribed to before me, a Notary Public in and for Dubuque County, Iowa, this iy day of QA.CA\., , 20 18 Notary P is in and for Dubuque County, Iowa. NET K. PAPE Commission Number 199659 My Comm Exp, DEC 11, 20191 Drive from PUD/Plan- ned Commercial Dis- trict to C-3 General!, Commercial District. Request from Teri, &{ BrianSchulz to rezones property at 1108 Locust ', Street from C-2 Neigh- I, borhood Shopping,Cen- ter District to C-4 Downtown Commercial '. District. Request from 310 Huehl LLC / Bradley Gdowski, to rezone.; property at 2460 Kerper Blvd. from HI Heavy - Industrial: Dis- trict to OC Office Commercial District to permit " a school of private instruction along °'with current office related uses. Text Amendment Request from the City of Dubuque to Amend the Unified Develop- 1 ment Code Title 16, Chapter 2 to eliminate I the definition for"fam- ily" to comply with State Code. 'Copies of supporting documents for the public hearings are on file in the City Clerk's Office, City Hall, 50 W. 13th St., Dubuque, Iowa,' -;'and may be viewed during normal working hours. Written comments regarding the above public hearings may be submitted to the City Clerics Office on or CITY OF DUBUQUE, f , before said time of IOWA public hearing. At said OFFICIAL NOTICE time " place NOTICE is hereby 1 given that the Dubuque interestedand citizens and City Council will con- partiespublic will behearings all given an , duct public hearings at. opportunity to be a`.' meeting to com- heard for or , against. mence at 6:00 p.m. on said proposal. Monday, .March 19, Any visual or hearing- a 2018, in the Historic impaired persons need - Federal Building, sec- ing special assistance and floor, 350 West 6th or persons with special Street, on the follow- accessibility - needs 1 ing: should contact the City Rezonings Clerk's Office at (563) Request from Dubu- que Southgate Invest 5894100 or TDD (563) 690-6678 at least 48 ments, Ltd."- / Daniel hours prior to the Mueller to rezone meeting. property at Gateway Kevin S. Firnstahl, Drive and Stonehill CMC, City Clerk 1t 3/9