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`
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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
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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