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Adoption of Code of Ordinances Supplement No. 2021 S-5City of Dubuque City Council Meeting Consent Items # 23. Copyrighted November 15, 2021 ITEM TITLE: Adoption of Code of Ordinances Supplement No. 2021 S-5 SUMMARY: City Clerk recommending adoption of Supplement No. 2021 S-5 to the City of Dubuque Code of Ordinances that codifies Ordinance Nos. 28- 21 through 36-21. RESOLUTION Adopting Supplement No. 2021 S-5 to the Code of Ordinances of the City of Dubuque, Iowa SUGGESTED Suggested Disposition: Receive and File; Adopt Resolution(s) DISPOSITION: ATTACHMENTS: Description Type Staff Memo Staff Memo Resolution Resolutions Supplement No. 2021 S-5 Supporting Documentation THE CITY OF DUB E Masterpiece on the Mississippi Dubuque City Clerk's Office City Hall AII4Am� erv�O 50 W. 13`" Street Dubuque, IA 52001-4864 I I®r (563) 589-4100 office I I (563) 589-0890 fax ctyclerk@cityofdubuque.org 2007-2012.2013 Z017*Za19 www.cityofdubuque.org TO: Honorable Mayor and City Council Members FROM: Adrienne N. Breitfelder, City Clerk SUBJECT: Adoption of Supplement No. 2021 S-5 to the Code of Ordinances DATE: November 9, 2021 The attached resolution provides for the adoption of Supplement No. 2021 S-5 to the City of Dubuque Code of Ordinances, which codifies Ordinance Nos. 28-21 through 36-21 as approved by the City Council through October 18, 2021. Pursuant to §380.8(1)(b) of the Code of Iowa, a city may maintain a code of ordinances by compiling at least annually a supplement to the code of ordinances consisting of all new ordinances and amendments to ordinances which became effective during the previous year and adopting the supplement by resolution. Since August 17, 2009, the City Council has adopted certain ordinances amending the Code of Ordinances and said amendments have been printed as supplements to the Code of Ordinances. Supplements to the Code of Ordinances are prepared by American Legal Publishing of Cincinnati, Ohio. I respectfully request the City Council pass the resolution adopting Supplement No. 2021 S-5 as a part of the Code of Ordinances of the City of Dubuque. FRIE^. Prepared by Adrienne N. Breitfelder, City Clerk 50 W. 1311 St., Dubuque IA 52001 (563) 589-4100 Return to Adrienne N. Breitfelder, City Clerk, 50 W. 1311 St., Dubuque, IA 52001, (563) 589-4100 RESOLUTION NO. 397-21 ADOPTING SUPPLEMENT NO. 2021 S-5 TO THE CODE OF ORDINANCES OF THE CITY OF DUBUQUE, IOWA Whereas, under date of August 17, 2009, the City Council, pursuant to Ordinance No. 43-09, readopted the Code of Ordinances of the City of Dubuque, Iowa in its entirety; and Whereas, since August 17, 2009, the City Council of the City of Dubuque, Iowa has adopted certain ordinances amending the Code of Ordinances and said amendments have been printed as supplements to the Code of Ordinances; and Whereas, Section 380.8 of the Code of Iowa provides that supplements, by resolution, become part of the Code of Ordinances; and Whereas, Code Supplements are prepared by the American Legal Publishing of Cincinnati, Ohio and filed in the Office of the City Clerk of the City of Dubuque, Iowa. NOW THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That Supplement No. 2021 S-5 to the City of Dubuque Code of Ordinances, which codifies Ordinance Nos. 27-21 through 36-21 as approved by the City Council through October 18, 2021, is hereby adopted and becomes part of the Code of Ordinances of the City of Dubuque, Iowa. Passed, approved and adopted this Attest: /�� � Adrienne N. Breiffelder, City Clerk 15th day of November, 2021. n U Roy D. 13uol, Mayor DUBUQUE, IOWA RECEIVED Instruction Sheet October 2021- S-5 Supplement 21 NOV -8 PM 12: 04 City Clerk's Office REMOVE OLD PAGES INSERT NEW PAGES DUhUs:!e„ IA VOLUMEI Cover Page Cover Page Preface Preface Titles Page Titles Page Table of Contents (Title 1 through Table of Contents (Title 1 through Ch. 9-9) (2 pages) Ch. 9-9) (2 pages) 4-211-1 through 4-211-1213 (4 pages) 4-213-1 through 4-211-1213 (5 pages) Title 8 - Title Page Title 8 - Title Page 8-1-1 through 8-1-1 (DISABILITY Cl) 8-1-1 through 8-1-1 (DISABILITY Cl) (2 pages) (2 pages) 8-1-1 (of its employees...) through 8-1-1 8-1-1 (of its employees...) through 8-1-1 (2 pages) (2 pages) 8-2-1 through 8-2-16 (6 pages) 8-2-1 through 8-2-16 (6 pages) VOLUME II Cover Page Cover Page Table of Contents (Title 1 through Table of Contents (Title 1 through Ch. 9-9) (2 pages) Ch. 9-9) (2 pages) 14-lJ-1 through 14-lJ-2 (Section 305.3.C.) 14-1J-1 through 14-IJ-2 (Section 305.3.C) (7 pages) (8 pages) 14-1J-3 (3. Period Of Revocation...) 14-lJ-3 (3. Period Of Revocation...) through 14-lJ-5A4 (3 pages) through 14-1J-5A4 (3 pages) 16-2-3 (tional vehicles of the ... ) through 16-2-3 (tional vehicles of the...) through 16-2-3 (RIGHT OF WAY) (2 pages) 16-2-3 (RIGHT OF WAY) (2 pages) 1 2 Dubuque, IA - Instruction Sheet REMOVE OLD PAGES INSERT NEW PAGES 16-2-3 (YARD, REQUIRED) through 16-2-3 (1 page) 16-5-7 through 16-5-7-7 (Townhouse) (4 pages) 16-5-8 through 16-5-8-6 (2 pages) 16-5-9 through 16-5-10-1 (6 pages) 16-5-10-8 through 16-5-11-1 (2 pages) 16-5-11-7 (images) through 16-5-12-7 (table) (4 pages) 16-5-13-1 (General office) through 16-5-13-7 (table) (4 pages) 16-5-14-1 (Furniture or home...) through 16-5-14-7 (table) (4 pages) 16-5-15-1 (Housing for the...) through 16-5-15-6 (2 pages) 16-5-16 through 16-5-16-7 (table) (4 pages) 16-5-17-1 (Marine vehicle...) through 16-5-17-6 (2 pages) 16-5-18 through 16-5-18-6 (4 pages) 16-5-19 through 16-5-19-6 (4 pages) 16-5-20 through 16-5-20-6 (4 pages) INDEX -A- (ANIMAL CONTROL (Vicious Dogs...)) through -B- (BOATS...) (3 pages) 16-2-3 (YARD, REQUIRED) through 16-2-3 (1 page) 16-5-7 through 16-5-7-7 (Townhouse) (4 pages) 16-5-8 through 16-5-8-6 (2 pages) 16-5-9 through 16-5-10-1 (6 pages) 16-5-10-8 through 16-5-11-1 (3 pages) 16-5-11-7 (images) through 16-5-12-7 (table) (4 pages) 16-5-13-1 (General office) through 16-5-13-7 (table) (4 pages) 16-5-14-1 (Furniture or home...) through 16-5-14-7 (table) (4 pages) 16-5-15-1 (Housing for the...) through 16-5-15-6 (3 pages) 16-5-16 through 16-5-16-7 (table) (4 pages) 16-5-17-1 (Marine vehicle...) through 16-5-17-6 (2 pages) 16-5-18 through 16-5-18-6 (4 pages) 16-5-19 through 16-5-19-6 (4 pages) 16-5-20 through 16-5-20-6 (4 pages) -A- (ANIMAL CONTROL (Vicious Dogs...)) through -B- (BOATS...) (3 pages) Dubuque, IA - Instruction Sheet REMOVE OLD PAGES -C- (CONDOMINIUM CONVERSIONS. (Transfers To Multiple...)) through -E- (ELECTIONS, PRECINCTS... (Precinct 19)) (2 pages) E- (ENCROACHMENTS ON PUBLIC... (Projecting Signs)) through -F- (FIRE PREVENTION... (Bulk Storage...)) (2 pages) -H- (HISTORIC BUILDINGS (Alternate Electrical...)) through -M- (MOTOR VEHICLES... (Inspection Of License...)) (7 pages) RNB 10121 INSERT NEW PAGES -C- (CONDOMINIUM CONVERSIONS... (Transfers To Multiple...)) through -E- (ELECTIONS, PRECINCTS... (Precinct 19)) (2 pages) -E- (ENCROACHMENTS ON PUBLIC (Projecting Signs)) through -F- (FIRE PREVENTION... (Bulk Storage)) (4 pages) H- (HISTORIC BUILDINGS (Alternate Electrical...)) through -M- (MOTOR VEHICLES... (Inspection Of License...)) (6 pages) CITY CODE of DUBUQUE IOWA Code current through: Ord. 36-21, passed 10-184021 Published by: STERLING CODMIERS an AMERICAN LEGAL PUBLISHING COMPANY 525 Vine Street P Suite 310 4 Cincinnati, Ohio 45202 1-800-445-5588 -0- www.amlegal.com PREFACE This code of the City of Dubuque, as supplemented, contains ordinances up to and including ordinance 36-21, passed October 18, 2021. Ordinances of the City adopted after said ordinance supersede the provisions of this code to the extent that they are in conflict or inconsistent therewith. Consult the City office in order to ascertain whether any particular provision of the code has been amended, superseded or repealed. Sterling Codifiers Cincinnati, Ohio October 2021 City of Dubuque TITLES ADMINISTRATION BOARDS AND COMMISSIONS REVENUE AND TAXATION BUSINESS AND LICENSE REGULATIONS TRANSIT SYSTEM HEALTH, HOUSING, SANITATION AND ENVIRONMENT POLICE, FIRE AND PUBLIC SAFETY EQUITY AND HUMAN RIGHTS MOTOR VEHICLES AND TRAFFIC PUBLIC WAYS AND PROPERTY RIGHTS OF WAY AIRPORT PUBLIC UTILITIES BUILDING AND DEVELOPMENT PLANNING AND ZONING UNIFIED DEVELOPMENT CODE 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 October 2021 City of Dubuque TABLE OF CONTENTS TITLE 1 Administration Dubuque City Code ............. 1 Saving Clause ................. 2 Definitions .................... 3 General Penalty ............... 4 Charter ...................... 5 Mayor And City Council .......... 6 Rules And Procedure ........ 6A City Officers And Employees ..... 7 Elections, Precincts And Wards ... 8 Evidentiary Hearings By City Council .................. 9 Miscellaneous Administrative Provisions .................. 10 Emergency Succession During Disaster .................... 11 TITLE 2 Boards And Commissions Hearings And Appeals .......... 1 Civil Service Commission ........ 2 Investment Oversight Advisory Commission .................. 3 Civic Center Advisory Commission .................. 4 Housing Agency And Community Development Commissions ...... 5 Municipal Housing Agency And Governing Board (Rep. by Ord. 26-09, 6-1-2009) ........... 5A Housing Commission ........ 5B Community Development Advisory Commission ........ 5C Trust Fund Advisory Committee ................ 5D Resilient Community Advisory Commission .................. 6 Board Of Library Trustees ........ 7 Arts And Cultural Affairs Advisory Commission ........... 8 Sister City Relationships Advisory Commission (Rep. by Ord. 46-17, 12-18-2017) ...... 9 Safe Community Advisory Committee (Rep. by Ord. 65-12, 12-17-2012) ........... 10 Cable Television Commission .... 11 TITLE 3 Revenue And Taxation Property Tax Revitalization Areas ............ 2 Hotel And Motel Tax ............ 3 Economic Development ......... 4 Industrial Projects ........... 4A Enterprise Zone Commission (Rep. by Ord. 43-14, 6-7-2014)................. 4B Speculative Shell Buildings Of Community Development Organizations And For Profit Entities ................... 4C Residential Relocation Assistance Program ......... 4C TITLE 4 Business And License Regulations Business Licenses Generally ..... 1 Liquor Control ................. 2 Alcoholic Beverages ......... 2A Liquor, Beer And Wine Licenses And Permits ....... 2B Excursion Boat Admission Fees ... 3 Central Market And Other Farmers' Markets .............. 4 Solicitor's License .............. 5 Pawnbrokers And Secondhand Dealers; Junk And Auto Salvage Dealers ............... 6 Pawnbrokers And Second- hand Dealers .............. 6A June 2019 City of Dubuque TITLE 4 (cont.) Junk Dealers And Auto Salvage Dealers ............ 6B Vehicles For Hire And Public Transportation ................ 7 Nonmotorized Vehicles ....... 7A Motorized Vehicles For Hire ... 7B Adult Entertainment Establish- ments.......................8 TITLE 5 Transit System Transit Advisory Board .......... 1 TITLE 6 Health, Housing, Sanitation And Environment Health And Safety Regulations .... 1 Food Establishments And Hotel Sanitation .................... 2 Ambulances ..................3 Nuisances ....................4 Noises.......................5 Housing Regulations (Rep. by Ord. 8-16, 4-4-2016, eff. 7-1-2016) ................. 6 Hazardous Waste, Substances And Conditions ................ 7 Trees And Weeds .............. 8 Fire Prevention Regulations ...... 9 TITLE 7 Police, Fire And Public Safety Police Department ............. 1 Fire Department ............... 2 Emergency Management ........ 3 October 2021 Alarm System Permits ........... 4 Offenses .....................5 General Offenses ........... 5A Drug Paraphernalia .......... 5B Crime Property ............. 5C Parental Responsibility ....... 5D Social Host Responsibility ..... 5E Animal Control ................ 6 Miscellaneous Provisions ..... 6A Dogs And Cats ............. 6B Rabies Control ............. 6C Dangerous Animals .......... 6D Potentially Vicious Dogs ...... 6E Vicious Dogs And Cats ....... 6F Bicycles ...................... 7 TITLE 8 Equity And Human Rights Definitions; General Provisions .... 1 Equity And Human Rights Commission .................. 2 Unfair And Discriminatory Practices ....................3 Disability Discrimination ...... 3A Enforcement Of Civil Rights ...... 4 Fair Housing .................. 5 TITLE 9 Motor Vehicles And Traffic General Provisions ............. 1 Registration, Certification Of Title, And Proof Of Security Against Financial Liability ........ 2 Special Antitheft Law ............ 3 Drivers' Licenses ............... 4 Obedience To And Effect Of Traffic Laws .................. 5 Powers Of Local Authorities ...... 6 Operation ....................7 Pedestrians' Rights And Duties .... 8 Special Stops Required .......... 9 City of Dubuque 4-2B-1 4-213-2 CHAPTER LIQUOR CONTROL ARTICLE B. LIQUOR, BEER AND WINE LICENSES AND PERMITS SECTION: 4-213- 1: License Or Permit Required 4-26- 2: Separate Permits Required For Separate Locations 4-2B- 3: Application; Bond 4-213- 4: Persons Eligible 4-2B- 5: Investigation Of Applicant And Premises 4-213- 6: Requirements For Premises 4-213- 7: Proof Of Financial Responsibility 4-213- 8: [Reserved] 4-213- 9: Action By Council; Forwarding Of Documents To State 4-213-10: Nature And Scope Of License Or Permit 4-213-11: Transferability As To Location 4-2B-12: Surrender Of Permit Or License; Refund Of Fee 4-213-13: Term Of License Or Permit; Seasonal Licenses And Permits 4-213-14: Application For Renewal 4-26-15: Suspension And Revocation Generally; Grounds 4-213-16: Suspension And Revocation; Notification; Specific Terms 4-2B-17: Hearing 4-213-18: Effect Of Revocation 4-213-1: LICENSE OR PERMIT REQUIRED: No person shall sell beer or wine at retail in the city nor shall any person sell beer, wine or alcoholic liquor in the city for consumption on the premises without first obtaining a beer permit, wine permit, or a liquor control license as required by state law and subject to the provisions of this article. (Ord. 10-09, 2-16-2009) 4-26-2: SEPARATE PERMITS REQUIRED FOR SEPARATE LOCATIONS: A. Each person holding a class B or class C beer permit having more than one place of business where such beer is sold shall be required to have a separate beer permit for each separate place of business, except as otherwise prohibited by state law. October 2021 City of Dubuque 4-2 B-2 4-2B-6 B. A class B wine permittee having more than one place of business where wine is sold shall obtain a separate permit for each place of business. (Ord. 10-09, 2-16-2009) 4-213-3: APPLICATION; BOND: A verified application for the original issuance or the renewal of a liquor control license, wine permit or beer permit shall be filed at such time, in such number of copies, and in such form as the state director of beer and liquor control shall prescribe, on forms prescribed by the state director of beer and liquor control. The application shall be accompanied by the fee, if required, and bond and shall be filed with the city clerk for submission to the city council for approval or disapproval. (Ord. 10-09, 2-16-2009) 4-26-4: PERSONS ELIGIBLE: Upon meeting the requirements imposed by state law, the provisions of this code, and other ordinances of the city, a person who is of good moral character may apply for a liquor control license, wine permit, or beer permit. In the case of a club, corporation or partnership, the officers of the club or corporation and the partners of a partnership shall be "persons of good moral character" as defined by state law and this chapter. (Ord. 10-09, 2-16-2009) 4-213-5: INVESTIGATION OF APPLICANT AND PREMISES: Upon receipt of an original application for a liquor license, wine permit or beer permit by the city clerk, it shall be forwarded to the chief of police who shall conduct an investigation and shall submit a written report on the applicant as to the truth of the facts averred in the application and a recommendation to the city council as to the approval of the license or permit. It shall be the duty of the health, building and fire departments to inspect the premises to determine if it conforms to the requirements of the city and no license or permit shall be approved until or unless an approving report has been filed with the city clerk for submission to the city council. (Ord. 10-09, 2-16-2009) 4-26-6: REQUIREMENTS FOR PREMISES: A. Right Of Entry For Inspection: An applicant for a liquor control license, wine permit, or beer permit, as a further condition for approval by the city council, must give consent in writing on the application that members of the fire, police, building and health departments may enter upon the premises without warrant to inspect for violations of the provisions of state law and of this chapter. October 2021 City of Dubuque Sa:Ms1 B. Requirements: In addition to any other requirements, the premises for which a beer permit, wine permit, or liquor control license is sought shall meet the following requirements: 1. No liquor control license, wine permit or beer permit shall be approved for premises which do not conform to all applicable laws, provisions of this code, and other ordinances, resolutions, and health and fire regulations. 2. No licensee shall have or maintain any interior access to residential or sleeping quarters unless permission is granted by the administrator in the form of a living quarters permit. (Ord. 10-09, 2-16-2009) 3. The premises for which a retail beer permit is sought shall be located within a business district or an area now or hereafter zoned to permit such business and shall conform to the zoning requirements of the city. (Ord. 64-12, 12-17-2012) 4. The premises of a retail beer permittee shall, at the time of the application, continue to be equipped with sufficient tables and seats to accommodate twenty five (25) people at one time. (Ord. 10-09, 2-16-2009) 4-213-7: PROOF OF FINANCIAL RESPONSIBILITY: Each liquor control licensee and retail beer permittee shall furnish proof of financial responsibility either bythe existence of a liability insurance policy or by posting bond in such amount as shall be determined by the Iowa Alcoholic Beverage Division which shall be based on a review of factors, including but not limited to: A. Amount of financial support and operating funds; B. Prompt payment of state and local taxes; C. Fees and charges for municipal utilities and services; and D. Prompt payment of licensing fees and any administrative penalties. (Ord. 10-09, 2-16-2009; amd. Ord. 29-21, 8-16-2021) 4-2B-8: [RESERVED]: 4-213-9: ACTION BY COUNCIL; FORWARDING OF DOCUMENTS TO STATE: A. Action taken by the City Council shall be so endorsed on the application and thereafter the application shall be forwarded to the division for such further action as is provided by law. October 2021 City of Dubuque i 4-2B-12 B. Provisional Licenses And Permits: 1. The City Clerk's Office is authorized to issue provisional approval for new and renewal applicants for liquor, beer, and wine licenses and permits prior to regularly scheduled City Council meetings when the applicants have met all of the application and inspection provisions of the city and state codes. 2. The City Clerk shall place all provisional approvals on the next regularly scheduled City Council Agenda for review and either approval or revocation by the City Council. 3. The City Council reserves the right to revoke any provisional new or renewal liquor, beer, and wine approval issued by the City Clerk's Office when an applicant is no longer eligible for a license or permit at the time of the regularly scheduled City Council meeting and approval would result in the violation of any provisions of this code, other city ordinances, or the state code. (Ord. 10-09, 2-16-2009; amd. Ord. 29-21, 8-16-2021) 4-26-10: NATURE AND SCOPE OF LICENSE OR PERMIT: A liquor control license, or beer or wine permit shall be a purely personal privilege and shall be revocable for cause; it shall not constitute property nor be subject to attachment and execution, nor be alienable nor assignable and, in any case, it shall cease upon the death of the permittee or licensee; however, the director may, in the director's discretion, allow the executor or administrator of a permittee or licensee to operate the business of the decedent for a reasonable time, not to exceed the expiration date of the permit or license. Each permit or license shall be issued in the name of the applicant and no person holding a permit or license shall allow any other person to use it. (Ord. 10-09, 2-16-2009) 4-213-11: TRANSFERABILITY AS TO LOCATION: The city council may, in its discretion, authorize a licensee or permittee under this article to transfer the license or permit from one location to another within the city; provided, that the premises to which the transfer is to be made would have been eligible for a license or permit in the first instance and the transfer will not result in the violation of any law, provisions of this code, or other city ordinance. (Ord. 10-09, 2-16-2009) 4-213-12: SURRENDER OF PERMIT OR LICENSE; REFUND OF FEE: A. Voluntary Surrender: Any licensee or permittee under this article, or any licensee's or permittee's executor, administrator, or any person duly appointed October 2021 City of Dubuque 4-26-12 4-2B-12 by a court to take charge of and administer the property or assets of the licensee or permittee for the benefit of the licensee's or permittee's creditors may voluntarily surrender such license or permit to the division, and when so surrendered, the division shall notify the city. B. Refund Of Fee: The division and the retail beer permit, shall refund to the permit a proportionate amount of the follows: city, or the city by itself in the case of a person so surrendering the license or fee paid for such license or permit as October 2021 City of Dubuque TITLE 8 EQUITY AND HUMAN RIGHTS Subject Chapter Definitions; General Provisions .................... 1 Equity And Human Rights Commission .............. 2 Unfair And Discriminatory Practices ................ 3 Disability Discrimination ....................... 3A Enforcement Of Civil Rights ...................... 4 Fair Housing .................................. 5 October 2021 City of Dubuque 8-1-1 CHAPTER1 DEFINITIONS; GENERAL PROVISIONS SECTION: 8-1-1: Definitions 8-1-1: DEFMTIONS: When used in this title, the following terms shall have the meanings ascribed herein unless the context otherwise requires: AUXILIARY AIDS AND A. Qualified interpreters or other effective methods SERVICES: of making aurally delivered materials available to individuals with hearing impairments. B. Qualified readers, taped texts, or other effective methods of making visually delivered materials available to individuals with visual impairments. C. Acquisition or modification of equipment or devices. D. Other similar services and actions. COMMISSION: The Dubuque equity and human rights commission created by chapter 2 of this title. COURT: The Iowa district court in and for Dubuque County. COVERED ENTITY: An employer, employment agency, labor organization, orjoint labor management committee. DIRECT THREAT: A significant risk to the health or safety of others that cannot be eliminated by reasonable accommodation. October 2021 City of Dubuque 8.1-1 8-1-1 DISABILITY: With respect to an individual: A. A physical or mental impairment that substantially limits one or more major life activities of such individual and the condition of a person with a positive human immunodeficiency virus test result, a diagnosis of acquired immune deficiency syndrome, a diagnosis of acquired immune deficiency syndrome related complex, or any other condition related to acquired immune deficiency syndrome. The inclusion of a condition related to a positive human immunodeficiency virus test results, in the meaning of "disability" under the provisions of this title, does not preclude the application of the provisions of this title to conditions resulting from other contagious or infectious diseases. As described, major life activities: 1. Include, but are not limited to, caring for oneself, performing manual tasks, seeing, hearing, eating, sleeping, walking, standing, lifting, bending, speaking, breathing, learning, reading, concentrating, thinking, communicating, and working. 2. Also include the operation of a major bodily function, including, but not limited to, functions of the immune system, normal cell growth, digestive, bowel, bladder, neurological, brain, respiratory, circulatory, endocrine, and reproductive functions. B. A record of such an impairment. C. Being regarded as having such an impairment, as described: 1. An individual meets the requirement of being regarded as having such an impairment if the individual establishes that he or she has been subjected to an action prohibited under this title because of an actual or perceived physical or mental impairment whether or not City of Dubuque 8-1-1 8-1-1 of its employees, and the number, type and location of its facilities. D. The type of operation or operations of the covered entity, including the composition, structure, and functions of the work force of such entity and the geographic separateness, administrative, or fiscal relationship of the facility or facilities in question to the covered entity. REASONABLE A. Making existing facilities used by employees ACCOMMODATION: readily accessible to and usable by individuals with disabilities. B. Job restructuring, part time or modified work schedules, reassignment to a vacant position, acquisition or modification of equipment or devices, appropriate adjustment or modifications of examinations, training materials or policies, the provision of qualified readers or interpreters, and other similar accommodations for individuals with disabilities. SEXUAL A person's actual, history of, or perceived ORIENTATION: heterosexuality, homosexuality, orbisexuality but not including participation in conduct that is prohibited by law. STATE: Each of the several states, the District of Columbia, the Commonwealth of Puerto Rico, Guam, American Samoa, the Virgin Islands of the United States, the Trust Territory of the Pacific Islands, and the Commonwealth of the Northern Mariana Islands. UNDUE HARDSHIP: An action requiring significant difficulty or expense. In determining whether an accommodation would impose an undue hardship on a covered entity, factors to be considered include: A. The nature and cost of the accommodation needed under this title. City of Dubuque 8-1-1 8-1-1 B. The overall financial resources of the facility or facilities involved in the provision of the reasonable accommodation, the number of persons employed at such facility, the effect on expenses and resources, or the impact otherwise of such accommodation upon the operation of the facility. C. The overall financial resources of the covered entity, the overall size of the business of a covered entity with respect to the number of its employees, and the number, type, and location of its facilities. D. The type of operation or operations of the covered entity including the composition, structure, and functions of the work force of such entity and the geographic separateness, administrative, or fiscal relationship of the facility or facilities in question to the covered entity. UNFAIR PRACTICE OR Those practices specified as unfair or discriminatory DISCRIMINATORY in chapters 3 and 5 of this title. (Ord. 18-09, PRACTICE: 4-6-2009; amd. Ord. 33-21, 10-4-2021) October 2021 City of Dubuque 8-2-1 8-2-2 CHAPTER EQUITY AND HUMAN RIGHTS COMMISSION SECTION: 8-2- 1: Commission Created 8-2- 2: Purpose 8-2- 3: Internal Organization And Rules 8-2- 4: Procedures For Operation 8-2- 5: Membership 8-2- 6: Oath 8-2- 7: Terms 8-2- 8: Vacancies 8-2- 9: Officers; Organization 8-2-10: Meetings 8-2-11: Compensation 8-2-12: Removal 8-2-13: Powers 8-2-14: Records To Be Public; Exceptions 8-2-15: Confidentiality Of Complaints 8-2-16: Subpoenas 8-2-1: COMMISSSION CREATED: There is hereby created the equity and human rights commission. (Ord. 45-15, 7-20-2015; amd. Ord. 33-21, 10-4-2021) 8-2-2: PURPOSE: The purpose of the commission is to hold hearings, compel the production of evidence, and determine the merits of complaints alleging unfair or discriminatory practices in housing, employment, education, credit, or places of public accommodation; to investigate and study the existence, character, causes, and extent of inequity and discrimination and to attempt to eliminate inequity and discrimination by educating the public and promoting equity and human rights in the community; and to take action in the community to promote equitable and inclusive behavior and to eliminate discrimination and advance equity based on age, race, creed, color, sex, national origin, religion, ancestry, disability, marital status, familial status, sexual orientation, or gender identity. (Ord. 45-15, 7-20-2015; amd. Ord. 33-21, 10-4-2021) October 2021 City of Dubuque 8-2-3 8-2-7 8-2-3: INTERNAL ORGANIZATION AND RULES: The commission may adopt rules and regulations to govern its organizational procedures as may be necessary and which are not in conflict with this code or the Iowa Code. (Ord. 45-15, 7-20-2015) 8-2-4: PROCEDURES FOR OPERATION: All administrative, personnel, accounting, budgetary, and procurement policies of the city govern the commission in all its operations. (Ord. 45-15, 7-20-2015) 8-2-5: A. The commission comprises nine (9) residents of the city, appointed by the city council from various racial, religious, cultural, and social groups within the city. B. Residents must be eighteen (18) years of age or older C. Membership on the commission must comply with the provisions of Iowa Code section 69.16A, relating to gender balance. No person can be appointed or reappointed to the commission if that appointment or reappointment would cause the number of members of one gender to be greater than one-half 02) of the membership of the commission plus one. If the city has made a good faith effort to appoint a qualified person to fill a vacancy on the commission for a period of three (3) months but has been unable to make a compliant appointment, the city must utilize a fair and unbiased method of selecting the best qualified applicants. (Ord. 45-15, 7-20-2015) 8-2-6: OATH: Each person, upon appointment or reappointment to the commission, must execute an oath of office at the first meeting of the commission following the appointment or reappointment or at the city clerk's office any time prior to the first meeting of the commission. (Ord. 45-15, 7-20-2015) 8-2-7: TERMS: The term of office for commissioners is three (3) years or until such commissioner's successor is appointed and qualified. (Ord. 45-15, 7-20-2015) September 2015 City of Dubuque 8-2-10 8-2-8: VACANCIES: Vacancies must be filled in the same manner as original appointments. (Ord. 45-15, 7-20-2015) 8-2-9: OFFICERS; ORGANIZATION: The commissioners must choose annually a chairperson and vice chairperson, each to serve a term of one year. The chairperson must appoint a secretary, who need not be a member of the commission. The commissioners must fill a vacancy among its officers for the remainder of the officer's unexpired term. (Ord. 45-15, 7-20-2015) 8-2-10: MEETINGS: A. Regular Meetings: The commission must meet monthly. B. Special Meetings: Special meetings maybe called by the chairperson or at the written request of a majority of the commissioners. C. Open Meetings: All meetings must be called and held in conformance with the Iowa open meetings law. D. Attendance: 1. In the event a commissioner has been absent for three (3) or more consecutive meetings of the commission, without being excused by the chairperson, such absence will be grounds for the commission to recommend to the city council that the position be declared vacant and a replacement appointed. 2. Attendance must be entered upon the minutes of all meetings. E. Minutes: A copy of the minutes of all regular and special meetings of the commission must be filed with the city council within ten (10) working days after each meeting, or by the next regularly scheduled city council meeting, whichever is later. F. Quorum: Five (5) commissioners constitute a quorum for the transaction of business. The affirmative vote of a majority of the commissioners present and voting is necessary for the adoption of any motion or resolution. (Ord. 45-15, 7-20-2015) September 2015 City of Dubuque 8-2-11 8-2-13 8-2-11: COMPENSATION: Commissioners serve without compensation, provided that they may receive reimbursement for necessary travel and other expenses while on official commission business within the limits established in the city administrative policies and budget. (Ord. 45-15, 7-20-2015) 8-2-12: REMOVAL: The city council may remove any commissioner for cause upon written charges and after public hearing. (Ord. 45-15, 7-20-2015) 8-2-13: POWERS: The commission serves in an advisory capacity to the City Council and has the following powers, duties, and responsibilities: A. To investigate and study the existence, character, causes, and extent of inequity and discrimination in public accommodations, employment, apprenticeship programs, on the job training programs, vocational schools, other educational institutions, and housing in the city and to attempt the elimination of such inequity and discrimination through education, conciliation, and recommended changes to policy and practice. B. To hold hearings upon any complaint made against a person, an employer, an employment agency, a labor organization, or the employees or members thereof, to subpoena witnesses and compel their attendance at such hearings, to administer oaths and take the testimony of any person under oath and to compel such person, employer, employment agency, labor organization, or employees or members thereof, to produce for examination any books and papers relating to any matter involved in such complaint. The commission will issue subpoenas for witnesses in the same manner and for the same purpose on behalf of the respondent upon the respondent's request. Such hearings may be held by the commission, by any commissioner, or by any hearing examiner appointed by the commission. If a witness either fails or refuses to obey a subpoena issued by the commission, the commission may petition the district court having jurisdiction for issuance of a subpoena and the court must, in a proper case, issue the subpoena. Refusal to obey such subpoena is subject to punishment for contempt. C. To develop recommendations for actions to strengthen policies, practices, services and programs that will, in the judgment of the commission, promote equitable and inclusive behavior that tends to eliminate inequity and discrimination. October 2021 City of Dubuque 8-2-13 8-2-15 D. To prepare and transmit to the Mayor and City Council from time to time, but not less often than once each year, reports describing its proceedings, hearings conducted, and the outcome thereof, decisions rendered, and the other work performed by the commission. E. To make recommendations to the City Council concerning advancing equity, promoting inclusion, and addressing discrimination in order to improve quality of life, livability and equity for all residents. F. To cooperate, within the limits of any appropriations made for its operation, with other agencies or organizations, both public and private, whose purposes are consistent with those of this chapter, in the planning and conducting of programs designed to advance equity oreliminate discrimination or cultural and intergroup tensions. G. To adopt, publish, amend, and rescind regulations consistent with and necessary for the civil rights enforcement provisions of this chapter. H. To receive, administer, dispense, and account for any restricted funds that may be voluntarily contributed to the commission and any grants that may be awarded the commission for furthering the purposes of this title. No disbursements will be made of any restricted funds without authority from the City Council. (Ord. 45-15, 7-20-2015; amd. Ord. 33-21, 10-4-2021) 8-2-14: RECORDS TO BE PUBLIC; EXCEPTIONS: All records of the commission are public except charges, complaints, reports of investigations, statements, and otherdocuments or records obtained in investigation of any charges. (Ord. 45-15, 7-20-2015) 8-2-15: CONFIDENTIALITY OF COMPLAINTS: No member of the commission or its staff will disclose the filing of a charge, the information gathered during the investigation, or the endeavors to eliminate such discriminatory or unfair practice by conference, conciliation, or persuasion unless such disclosure is made in connection with the conduct of such investigation or after the commission has held a public hearing upon a complaint filed in connection with such charge. This section does not prevent any complainant, witness, or other person from publicizing the filing of a charge or complaint or the matter therein complained of. (Ord. 45-15, 7-20-2015) October 2021 City of Dubuque 8-2-16 8-2-16 8-2-16: SUBPOENAS: The commission may issue subpoenas and order discovery in aid of investigations under this title. Such subpoenas and discovery may be ordered to the same extent and subject to the same limitations as would apply for county attorney subpoenas. (Ord. 45-15, 7-20-2015) October 2021 City of Dubuque CITY CODE of DUBUQUE I OWA Code current through: Ord. 36-21, passed 10-18-2021 Published by: STERLING CODIFIERS an AMERICAN LEGAL PUBLISHING COMPANY 525 Vine Street 4 Suite 310 4 Cincinnati, Ohio 45202 1-800-445-5588 P www.amlegal.com TABLE OF CONTENTS TITLE 1 Administration Dubuque City Code ............. 1 Saving Clause ................. 2 Definitions .................... 3 General Penalty ............... 4 Charter ...................... 5 Mayor And City Council .......... 6 Rules And Procedure ........ 6A City Officers And Employees ..... 7 Elections, Precincts And Wards ... 8 Evidentiary Hearings By City Council .................. 9 Miscellaneous Administrative Provisions ..................10 Emergency Succession During Disaster .................... 11 TITLE 2 Boards And Commissions Hearings And Appeals .......... 1 Civil Service Commission ........ 2 Investment Oversight Advisory Commission .................. 3 Civic Center Advisory Commission .................. 4 Housing Agency And Community Development Commissions ...... 5 Municipal Housing Agency And Governing Board (Rep. by Ord. 26-09, 6-1-2009) ........... 5A Housing Commission ........ 5B Community Development Advisory Commission ........ 5C Trust Fund Advisory Committee ................ 5D Resilient Community Advisory Commission .................. 6 Board Of Library Trustees ........ 7 Arts And Cultural Affairs Advisory Commission ........... 8 Sister City Relationships Advisory Commission (Rep. by Ord. 46-17, 12-18-2017) ...... 9 Safe Community Advisory Committee (Rep. by Ord. 65-12, 12-17-2012) ........... 10 Cable Television Commission .... 11 TITLE 3 Revenue And Taxation Property Tax ..................1 Revitalization Areas ............ 2 Hotel And Motel Tax ............ 3 Economic Development ......... 4 Industrial Projects ........... 4A Enterprise Zone Commission (Rep. by Ord. 43-14, 6-7-2014) ................. 4B Speculative Shell Buildings Of Community Development Organizations And For Profit Entities ................... 4C Residential Relocation Assistance Program ......... 4D TITLE 4 Business And License Regulations Business Licenses Generally ..... 1 Liquor Control ................. 2 Alcoholic Beverages ......... 2A Liquor, Beer And Wine Licenses And Permits ....... 2B Excursion Boat Admission Fees ... 3 Central Market And Other Farmers' Markets .............. 4 Solicitor's License .............. 5 Pawnbrokers And Secondhand Dealers; Junk And Auto Salvage Dealers ............... 6 Pawnbrokers And Second- hand Dealers .............. 6A June 2019 City of Dubuque TITLE 4 (cont.) Junk Dealers And Auto Salvage Dealers ............ 6B Vehicles For Hire And Public Transportation ................ 7 Nonmotorized Vehicles ....... 7A Motorized Vehicles For Hire ... 7B Adult Entertainment Establish- ments ....................... 8 TITLE 5 Transit System Transit Advisory Board .......... 1 TITLE 6 Health, Housing, Sanitation And Environment Health And Safety Regulations .... 1 Food Establishments And Hotel Sanitation .................... 2 Ambulances ..................3 Nuisances ....................4 Noises.......................5 Housing Regulations (Rep. by Ord. 8-16, 4-4-2016, eff.7-1-2016) ................. 6 Hazardous Waste, Substances And Conditions ................ 7 Trees And Weeds .............. 8 Fire Prevention Regulations ...... 9 TITLE 7 Police, Fire And Public Safety Police Department ............. 1 Fire Department ............... 2 Emergency Management ........ 3 October 2021 Alarm System Permits ........... 4 Offenses .....................5 General Offenses ........... 5A Drug Paraphernalia .......... 5B Crime Property ............. 5C Parental Responsibility ....... 5D Social Host Responsibility ..... 5E Animal Control ................ 6 Miscellaneous Provisions ..... 6A Dogs And Cats ............. 613 Rabies Control ............. 6C Dangerous Animals .......... 6D Potentially Vicious Dogs ...... 6E Vicious Dogs And Cats ....... 6F Bicycles ...................... 7 TITLE 8 Equity And Human Rights Definitions; General Provisions .... 1 Equity And Human Rights Commission .................. 2 Unfair And Discriminatory Practices ....................3 Disability Discrimination ...... 3A Enforcement Of Civil Rights ...... 4 Fair Housing .................. 5 TITLE 9 Motor Vehicles And Traffic General Provisions ............. 1 Registration, Certification Of Title, And Proof Of Security Against Financial Liability ........ 2 Special Antitheft Law ............ 3 Drivers' Licenses ............... 4 Obedience To And Effect Of Traffic Laws .................. 5 Powers Of Local Authorities ...... 6 Operation ....................7 Pedestrians' Rights And Duties .... 8 Special Stops Required .......... 9 City of Dubuque 14-1 J-1 14-1J-i CHAPTER1 BUILDING CODES ARTICLE J. PROPERTY MAINTENANCE CODE SECTION: 14-1J-1: International Property Maintenance Code Adopted 14-1J-2: International Property Maintenance Code Amendments 14-1J-3: Rental Licenses 14-1J-4: Priority Category 14-1J-5: Procedure For Hearing Appeal Of Priority Category Status 14-1J-6: Inspection Of Properties Owned By Priority Category 14-1J-7: Housing Appeals And Mediation Board 14-1 J-1: INTERNATIONAL PROPERTY MAINTENANCE CODE ADOPTED: That a certain document, copies of which are on file in the Offices of the Building Services Department and Housing and Community Development Department, being marked and designated as the International Property Maintenance Code, 2018 edition, as published by the International Code Council, be and is hereby adopted as the Property Maintenance Code of the City of Dubuque, in the State of Iowa for regulating and governing the conditions and maintenance of all property, buildings and structures; by providing the standards for supplied utilities and facilities and other physical things and conditions essential to ensure that structures are safe, sanitary and fit for occupation and use; and the condemnation of buildings and structures unfit for human occupancy and use, and the demolition of such existing structures as herein provided; providing for the issuance of permits and collection of fees therefor; and each and all of the regulations, provisions, penalties, conditions and terms of said Property Maintenance Code on file in the Offices of the Building Services and Housing and Community Development Departments are hereby referred to, adopted, and made a part hereof, as if fully set out in this legislation, with the additions, insertions, deletions and changes, if any, prescribed in section 14-1 J-2 of this article. (Ord. 45-19, 9-3-2019) December 2020 City of Dubuque 14-1 J-2 14-1 J-2 14-1 J-2: INTERNATIONAL PROPERTY MAINTENANCE CODE AMENDMENTS: The following additions, deletions, modifications, or amendments of the International Property Maintenance Code, 2018 edition, adopted in section 14-1 J-1 of this article to read as follows: (Ord. 45-19, 9-3-2019) Section 101.1. Insert: City of Dubuque. (Ord. 30-16, 6-20-2016, eff. 7-1-2016) Section 103.5. Fees. Amended to read: 103.5. Fees. The fees for activities and services performed by the housing and community development department will be established by the city council. Any unpaid penalty, fine, fee or interest shall constitute a lien on the real property and may be collected in the same manner as a property tax. The City shall send a notice of intent to file a lien to the owner of the housing by first class mail to such owner's personal or business mailing address. (Ord. 45-19, 9-3-2019; amd. Ord. 36-21, 10-18-2021) Section 104.2. Inspections. Amended to read: 104.2. Inspections. A. The code official shall make all of the required inspections, or shall accept reports of inspection by approved agencies or individuals. Reports of such inspections shall be in writing and be certified by a responsible officer of such approved agency or by the responsible individual. The code official is authorized to engage such expert opinion as deemed necessary to report upon unusual technical issues that arise, subject to the approval of the appointing authority. B. Required Inspections: 1. When requested and approved by the property owner, manager, licensed real estate professional, or occupant; or 2. When the city manager has reason to believe there is a violation of the property maintenance code; or 3. When, upon inspection, a violation of the property maintenance code is found, and notice and order to correct is given, the premises is subject to re - inspection to determine if the required corrections have been made; or 4. When the premises is located in any area designated by the city for comprehensive block enforcement of the property maintenance code; or October 2021 City of Dubuque 14-1 J-2 14-1 J-2 5. Presale And/Or Mortgage Inspection: Whenever a person requests presale, pre -loan or other housing inspection; or 6. Licensed Rental Units: a. All rental units are subject to regular inspection and follow up re -inspection as necessary. b. Not less than seven (7) calendar days prior to a scheduled inspection, the city will by regular mail to the license holder and any known tenants notice of the date and time of a scheduled inspection. If the license holder or an authorized representative of the license holder is not present at the time of the scheduled inspection and the inspector is unable to obtain entry to the rental unit, a second inspection will be scheduled. (1) The license holder may cancel a scheduled inspection once without payment of a rescheduling fee, provided the city manager or the city manager's designee is notified of the cancellation not less than two (2) business days prior to the scheduled inspection. Section 106.2. Notice Of Violation. Amended to read: 106.2. Notice Of Violation. A notice of violation is not required in every situation and city staff may issue a municipal infraction without previously issuing a notice of violation. The code official may serve a notice of violation or order in accordance with section 107. Section 106.5. Abatement of Violation. Amended to read: 106.5. Abatement of Violation, Escrow Established. A. Abatement of Violation. The imposition of the penalties herein described shall not preclude legal action by the City to restrain, correct or abate a violation, or to prevent illegal occupancy of a building, structure or premises, or to stop an illegal act, conduct, business or utilization of the building, structure or premises. B. Escrow System Established. 1. Pursuant to the authority granted in Iowa Code 364.17, the City hereby creates an escrow system for the deposit of rent which will be applied to the costs of correcting violations of the codes applicable to residential rental housing in the City of Dubuque. 2. No rent shall be recoverable by the owner or lessor of any dwelling which does not comply with the codes applicable to residential rental housing in the October 2021 City of Dubuque 14-1 J-2 14-1J-2 City of Dubuque until such time as the dwelling does comply with the applicable codes. 3. If other methods have failed, the code official may contract to have work done as necessary to remedy violations of the applicable codes at a residential rental property, the cost of which shall be assessed to the owner or lessor and constitute a lien on the property; or be paid using the funds deposited into the escrow system for the cost of correcting violations. 4. Escrow Order and Payment Requirement: a. An escrow order will be sent by U.S. Mail and certified mail to the owner or lessor, the first lienholder, and the tenant and will be posted at the address. b. Upon receipt of an escrow order, tenants shall pay their rent to the city which will hold the funds in escrow towards repairs. When rent is placed in escrow the owner or lessor may not recover rent from the tenant. c. The effective date of the escrow order is fourteen (14) days from the date of the order. d. A first lienholder may submit proof of an "Assignment of Rents" to the City. The City will adjust the escrow order to limit escrow collection of rents to the amount above the amount of the monthly mortgage payment due to the first lienholder. e. The owner, lessor, or first lienholder may appeal an escrow order to the Housing Appeals and Mediation Board. f. If, at hearing the Housing Appeals and Mediation Board adjusts or overturns the escrow order the funds shall be released to the owner or lessor and shall be payable within fourteen (14) days. 5. An escrow order shall be stayed pending an appeal by an owner or lessor. 6. The City shall develop a policy outlining the parameters and procedures for initiation of an escrow order which shall be on file with the Inspection and Construction Service Division and available to the public for review. (Ord. 36-21, 10-18-2021) Section 107.1. Notice To Person Responsible. Amended to read: 107.1. Notice To Person Responsible. Whenever the code official determines that there has been a violation of this code or has grounds to believe that a violation has occurred, notice may be given in the manner prescribed in sections 107.2 and 107.3 to the person responsible for the violation as October 2021 City of Dubuque 14-1J-2 14-1 J-2 specified in this code. Notices for condemnation procedures shall also comply with section 108.3. Section 111.1. Application For Appeal. Amended to read as follows: 111.1. Application For Appeal. A. Any person directly affected by a decision of the code official or a notice or order issued under this code shall have the right to appeal to the applicable board of appeals, provided a written application for appeal is filed within 20 days after the day the decision, notice or order was served. An application for appeal shall be based on a claim that the true intent of this code or the rules legally adopted thereunder have been incorrectly interpreted, the provisions of this code do not fully apply, or the requirements of this code are adequately satisfied by other means. B. There will be two boards for hearing appeals on matters covered by the property maintenance code. 1. The building code advisory and appeal board will hear appeals related to matters underthe purview of the building services department including, but not limited to residential, multi -residential, commercial, and industrial property. The building code advisory and appeal board will use the provisions of 14-1A-6 of the city of Dubuque code of ordinances for the handling of appeals. 2. The housing board of appeals will hear appeals related to matters under the purview of the housing & community development department, including but not limited to residential property and rental housing. The housing board of appeals will use the provisions of 14-1J-7 of the city of Dubuque code of ordinances for the handling of appeals. (Ord. 30-16, 6-20-2016, eff. 7-1-2016) Sections 111.2 through 111.8 replaced with city of Dubuque code of ordinances section 14-1J-7 when under the purview of the Housing Department and section 14-1A-6 of the city of Dubuque code of ordinances when under the purview of the Building Services Department. (Ord. 34-17, 7-5-2017) Section 202. Definitions. Amended to add definitions for building official, elevated blood level and lead based paint and modify the definition of code official and habitable space: Building Official. See "Code Official'. Code Official. The officer, officers, or other designated authorities charged with the administration and enforcement of this code, or a duly authorized October 2021 City of Dubuque 14-1J-2 14-1 J-2 representative. Any reference to "building official" in this code refers to "code official". Elevated Blood Level. A confirmed concentration of lead in whole blood of 20 .g/dl (micrograms of lead per deciliter of whole blood) or greater for a single test; or of 15-19 .g/dI in two (2) consecutive tests three (3) to four (4) months apart. Habitable Space. Space in a structure for living, sleeping, or eating. Bathrooms, toilet rooms, closets, halls, storage or utility spaces, and similar areas are not considered habitable spaces. Lead Based Paint. A paint surface, whether or not defective, identified as having a lead content greater than or equal to one mg/cm2 (milligrams per centimeter squared) as identified by X-ray fluorescence analyzer; orfive tenths percent (0.5%) by weight; or five thousand (5,000) parts per million (ppm). Section 302.3. Sidewalks And Driveways. Amended to read: 302.3. Sidewalks And Driveways. Sidewalks, walkways, stairs, driveways, parking spaces and similar areas shall be maintained in accordance with title 10, chapter 1 of the city of Dubuque code of ordinances and the city of Dubuque's standards for defective sidewalks. Section 302.4. Weeds. Amended to read: 302.4. Weeds. Premises and exterior property shall be maintained in accordance with section 6-8-2 of the city of Dubuque code of ordinances. Exception: Pursuant to Iowa Code §562A.15 a landlord may enter into a lease agreement, in certain circumstances, with a tenant for maintenance in which case a tenant will be responsible for complying with section 6-8-2 of the city of Dubuque code of ordinances. City will provide a lease addendum documenting the agreement for use by landlords. If a landlord prefers to use a different form, upon request of the city a landlord must provide a copy of the written lease agreement to the code official. Section 302.8. Motor Vehicles. Amended to read: 302.8. Motor Vehicles. See sections 16-7-1-3 and 16-14-5 of the city of Dubuque code of ordinances. (Ord. 30-16, 6-20-2016, eff. 7-1-2016) Section 303.2. Enclosures. Amended to read: 303.2 Enclosures. Private swimming pools, hot tubs and spas, capable of containing water more than 24 inches (610 mm) in depth shall be completely October 2021 City of Dubuque 14-1 J-2 14-1J-2 surrounded by a fence or barrier not less than 48 inches (1219 mm) in height above the finished ground level measured on the side of the barrier away from the pool. Gates and doors in such barriers shall be self -closing and self - latching. Where the self -latching device is less than 54 inches (1372 mm) above the bottom of the gate, the release mechanism shall be located on the pool side of the gate. Self -closing and self -latching gates shall be maintained such that the gate will positively close and latch when released from an open position of 6 inches (152 mm) from the gatepost. An existing pool enclosure shall not be removed, replaced or changed in a manner that reduces its effectiveness as a safety barrier. Section 304.2. Protective Treatment. Amended to read: 304.2. Protective Treatment. Exterior surfaces, including but not limited to, doors, door and window frames, cornices, porches, trim, balconies, decks and fences, shall be maintained in good condition. Exterior wood surfaces, other than decay -resistant woods, shall be protected from the elements and decay by painting or other protective covering or treatment. Peeling, flaking and chipped paint shall be eliminated and surfaces repainted. Siding and masonry joints, as well as those between the building envelope and the perimeter of windows, doors and skylights, shall be maintained weather resistant and water tight. Metal surfaces subject to rust or corrosion shall be coated to inhibit such rust and corrosion. Oxidation stains and rust shall be removed from exterior surfaces when oxidation stains or rust compromises the function of the building component to perform as designed. Surfaces designed for stabilization by oxidation are exempt from this requirement. (Ord. 45-19, 9-3-2019) Section 304.3. Address Identification. Amended to add: Exception: The fire official may approve nonconforming address identification. Section 304.14. Insect Screens. Insert: May 1 to November 1 Section 304.18.1. Doors. Amended to read: 304.18.1. Doors. Doors providing access to a dwelling unit, rooming unit or housekeeping unit that is rented, leased or let shall be equipped with a lock designed to be readily openable from the side from which egress is to be made without the need for keys, special knowledge or effort. Such locks shall be installed according to the manufacturer's specifications and maintained in good working order. Section 305.3. Interior Surfaces. Amended to read: 305.3. Interior Surfaces. October 2021 City of Dubuque 14-1 J-2 14-1 J-2 A. Interior surfaces, including windows and doors, shall be maintained in good, clean and sanitary condition. Peeling, chipping, loose, flaking or abraded paint shall be repaired, removed or covered. Cracked or loose plaster, decayed wood and other defective surface conditions shall be corrected. B. All residential properties receiving federal assistance must be in compliance with the lead safe housing rule at 24 CFR 35 and the lead based paint poisoning prevention act at 42 USC 4822. The owner of federally assisted units must provide certification that the dwelling is in accordance with said regulations. If the federally assisted unit was constructed prior to 1978, upon occupancy a notice must be provided which outlines the lead based paint regulations, the hazards of lead based paint poisoning, the symptoms and treatment of lead poisoning, and the precautions to be taken against lead poisoning. C. All residential property must comply with the residential lead -based paint hazard reduction act of 1992, requiring the disclosure of known information on lead -based paint and lead -based paint hazards before the sale or lease of certain housing built before 1978. October 2021 City of Dubuque 14-1 J-3 14-1 J-3 3. Period Of Revocation Or Suspension: During the period of revocation or suspension, a unit for which the rental license was suspended or revoked may not be relicensed. 4. Notice To Licensee: The City Manager shall cause to be issued to the licensee a notice that the license is suspended or revoked, setting forth the reason(s) therefor. The notice shall be sent by certified United States mail to the licensee at the address on file with the City Manager. 5. Appeal: The licensee may appeal the decision of the City Manager to the Housing Board of Appeals. An appeal must be filed, in writing, within twenty (20) days from the date of the notice of suspension or revocation. 6. Notice To Tenant: Upon suspension or revocation the City Manager must give written notice of the suspension or revocation of the license to each tenant, requiring the tenant to vacate the premises within a time frame determined by the City Manager if determined necessary. Any tenant who fails to vacate the premises after such time shall be subject to penalties under title 1, chapter 4 of this Code. (Ord. 36-21, 10-18-2021) 7. Relocation Of Tenants: If suspension or revocation of a rental license is the responsibility of the property owner, manager, or licensed real estate professional, as determined by the City Manager, then any displaced tenants shall be relocated at the property owner, manager, or licensed real estate professional's expense and the City Manager is authorized to assess the rental property for any costs incurred by the City. K. Relationship Of Rental License To Other Codes: The issuance of a rental license for a rental unit does not in any way signify or imply the rental unit conforms with Iowa law or this Code, nor does the issuance of a license relieve the property owner, manager, or licensed real estate professional of the responsibility for compliance with applicable Iowa law and this Code. (Ord. 21-18, 7-2-2018) L. Rent Abatement: 1. The code official may order rent abated when the code official determines that the owner or lessor has, after issuance of a notice of violation of this chapter: a. Failed to provide an essential service (water, sewer, electricity, heat); b. Failed to remedy a condition that poses a substantial risk to the health or safety of the tenant; or c. Rented a dwelling unit without a rental license, including renting under suspension or revocation. October 2021 City of Dubuque 14-1J-3 14-1 J-4 2. A rent abatement order means that the owner or lessor may not recover rent from the tenant. Rent shall be abated until the condition for which rent abatement was ordered has, in the judgment of the code official, been remedied. 3. The code official shall provide a copy of the rent abatement order to the owner or lessor at the address on the rental permit and to the tenant by U.S. mail and by posting the entrance door to dwelling unit. Notice of termination of the rent abatement order will be given in the same manner. 4. Rent abatement shall be stayed upon filing of an appeal by the owner or lessor. 5. The City shall develop a policy outlining the parameters and procedures for initiation of rent abatement which shall be on file with the Inspection and Construction Services Division and available to the public for review. (Ord. 36-21, 10-18-2021) 14-1J-4: PRIORITY CATEGORY: A. Priority Category Designated: The City Manager may designate a property owner, manager, or licensed real estate professional a priority category for purposes of the Property Maintenance Code if three (3) times within a period of twelve (12) consecutive months the property owner, manager, or licensed real estate professional: Has a rental license suspended; Has a rental license revoked; 3. Is noncompliant with Property Maintenance Code orders in excess of ninety (90) days without either an extension of time or variance from the Housing Board of Appeals or good faith progress as determined by the City Manager; 4. Fails to perform a mandated criminal background check on a tenant; or 5. Receives a citation for a Property Maintenance Code violation. B. Notice Of Priority Category Status: Whenever the City Manager designates a property owner, manager, or licensed real estate professional to be a priority category under subsection A of this section, the City Manager must give notice of the designation to the property owner, manager, or licensed real estate professional responsible. Each notice must: Be in writing; October 2021 City of Dubuque 14-1 J-4 14-1 J-5 2. Include a listing of the basis for designating the property owner, manager, or licensed real estate professional a priority category; 3. Be served upon the property owner, manager, or licensed real estate professional by delivering the same at the property owner, manager, or licensed real estate professional's residence, office, or place of business in person or by mailing by certified mail or regular mail to such address. All such mail must bear indicia requesting return to sender or forwarding address if not deliverable as addressed; and 4. Contain a statement that: a. The property owner, manager, or licensed real estate professional may appeal from the notice of the City Manager to the Housing Board of Appeals; b. An appeal must be made in writing and filed with the City Manager within twenty (20) days from the date of service of the designation notice; and c. A failure to appeal will constitute a waiver of all rights to an appeal. 5. This section may not be interpreted to prevent the enforcement and imposition of fines and penalties for Property Maintenance Code violations. (Ord. 52-16, 10-17-2016) 14-1 J-5: PROCEDURE FOR HEARING APPEAL OF PRIORITY CATEGORY STATUS: A. Notice Of Appeal: A property owner, manager, or licensed real estate professional designated a priority category by the City Manager under section 14-1J-4 of this article may appeal to the Housing Board of Appeals for a reconsideration of such status. An appeal must be filed in writing within twenty (20) days of the notice of designation as a priority category. The notice of appeal must include the following: Name and address of the appellant; 2. A brief statement in ordinary and concise language of any material facts claimed to support the contentions of the appellant; 3. A brief statement in ordinary and concise language of the relief sought, and the reasons why it is claimed the order appealed from should be reversed; and The signature of the appellant and the appellant's mailing address. October 2021 City of Dubuque 16-2-3 16-2-3 tional vehicles of the general public as temporary living quarters for recreation or vacation purposes by campers, vacationers, or travelers. REDEVELOPMENT: The act of rehabilitation or demolition of existing buildings and/or land area irrespective of whether a change occurs in land use. REGISTERED CHILD A facility providing childcare or preschool services DEVELOPMENT HOME: for children that requires State of Iowa registration. Registered child development home does not include a licensed childcare center. RESIDENCE: A building used, designed, or intended to be used as a home or dwelling place for one or more families. RESOURCE Indoor facilities for obtaining useful materials or RECOVERY/ energy from solid waste or recycled materials. RECYCLING CENTER: Materials can be reused for their original purpose, packaged and shipped elsewhere, reprocessed for a different purpose or converted into energy, not to include a biofuels plant or a salvage yard. RESTAURANT, DRIVE- Any business establishment or portion thereof where IN/CARRYOUT: food is prepared for sale for consumption off the premises and/or served in disposable containers or wrappers, including all fast food restaurants equipped with a drive -through service and/or having a carryout service, and not serving beer, wine or alcoholic beverages. RESTAURANT, Any business establishment or portion thereof where INDOOR: food is prepared for sale for consumption on the premises, including all sit down restaurants, where food and beverage are served in nondisposable containers and which may involve carryout service and the serving of beer, wine and alcoholic beverages on the premises of a limited nature as an accessory use to the restaurant, as defined in this section. RETAIL COMMERCIAL: A stand alone building with a large parking lot or a part of a larger commercial center, with a gross floor area of sixty thousand (60,000) square feet or more, including, but not limited to, department store, supermarket, wholesale club operation, discount store, general merchandise retailer, specialized October 2021 City of Dubuque 16-2-3 16-2-3 product store (i.e., electronics, building materials or pet supplies), outlet store, general merchandise wholesaler open to the public, warehouse club, and similar uses. RETAIL SALES OR Establishments less than sixty thousand (60,000) SERVICE: square feet engaged in selling or renting goods or merchandise to the general public for personal or household consumption and/or services in conjunction or separate to the sale of such goods. Retail sales/service establishments shall not include eating and drinking places, uses defined as adult entertainment, vehicle sales orservice, orwholesale, processing or manufacturing operations with an accessory retail outlet on the premises. RETENTION BASIN: A facility for the temporary storage of stormwater with a permanent water surface. REZONING: An amendment to or change in the official zoning map. RIGHT OF WAY (ROW): An area or strip of land, either public or private, on which an irrevocable rite of passage has been dedicated, recorded, orotherwise legally established for the use of vehicles, utilities and/or pedestrians. May 2011 City of Dubuque 16-2-3 16-2-3 YARD, REQUIRED: See definition of setback YARD, SIDE: The area between a principal building and an interior property, and extending between the front yard and rear yard. In the case of double frontage lots, side yards shall extend between the front yards. In the case of corner lots, yards remaining after front yards have been established shall be considered side yards. YARD, SPECIAL: A required yard other than the required front yard so oriented that neither the terms "side yard" nor 'Year yard" clearly apply. In such cases the City Planner shall determine, based on topography, location, orientation and pattern of adjacent structures and development which yard requirement is more appropriate. ZONING DISTRICT: A section of the City in which zoning regulations and standards are uniform. ZONING MAP, Map delineating the boundaries of zoning districts OFFICIAL: which, along with the zoning text, is officially adopted by the Dubuque City Council and on file in the Office of the Planning Services Department. (Ord. 52-09, 10-19-2009; amd. Ord. 48-10, 8-16-2010; Ord. 63-10, 12-20-2010; Ord. 48-14, 7-21-2014; Ord. 10-18, 3-19-2018; Ord. 19-20, 5-18-2020; Ord. 30-21, 9-20-2021) October 2021 City of Dubuque 16-5-7 16-5-7-1 16-5-7: OR OFFICE RESIDENTIAL: The OR district is intended to serve as a transition zone between commercial and single- and two-family residential areas permitting adaptive reuse of existing building stock, which will normally be residential in character. This OR district is not intended to have any application in undeveloped or newly developing areas of the city or on land made vacant through intentional demolition. Development standards remain flexible to allow conservation and reuse of existing buildings. This district should be located in areas abutting arterial and/or collector streets which are, because of location and trends, suitable for development of low intensity office uses, and high intensity residential uses. (Ord. 52-09, 10-19-2009) 16-5-7-1: PRINCIPAL PERNUTTED USES: The following uses are permitted in the OR district: Art gallery, museum or library. Artist studio. Community gardens. General office. Hospice. Housing for the elderly or persons with disabilities. Licensed childcare center. Medical office. Mortuary or funeral home. Multi -family dwelling. Nursing or convalescent home. Parking structure. Place of religious exercise or religious assembly. Public, private, or parochial school approved by state of Iowa (K - 12). Railroad or public or quasi -public utility, including substation. Registered child development home. August 2021 City of Dubuque 16-5-7-1 16-5-7-3 School of private instruction. Single- or two-family dwelling unit within an existing structure only. Townhouse (2 or more laterally attached units). (Ord. 52-09, 10-19-2009; amd. Ord. 54-19, 12-16-2019; Ord. 19-20, 5-18-2020; Ord. 30-21, 9-20-2021) 16-5-7-2: CONDITIONAL USES: The following conditional uses are permitted in the OR district, subject to the provisions of section 16-8-5 of this title: Bed and breakfast home. Bed and breakfast inn. Group home. Licensed adult day services. Off premises residential garage. Off street parking. Photographic studio. Private club. Rooming or boarding house. Tour home. Tourist home. Wind energy conversion system. (Ord. 52-09, 10-19-2009; amd. Ord. 54-19, 12-16-2019) 16-5-7-3: ACCESSORY USES: The following uses are permitted as accessory uses as provided in section 16-3-7 of this title: Crematorium accessory to a mortuary or funeral home. Detached garage. October 2021 City of Dubuque 16-5-7-3 16-5-7-6 Fence. Garage sale, provided that not more than three (3) such sales shall be allowed per premises per calendar year and not more than three (3) consecutive days per sale. Home based business. Noncommercial garden, greenhouse or nursery. Off street parking and storage of vehicles. Satellite receiving dish. Solar collector (freestanding arrays are limited to not more than 100 aggregate square feet and 10 feet in height). Sport, recreation, or outdoor cooking equipment. Storage building. Tennis court, swimming pool or similar permanent facility. Wind turbine (building mounted). (Ord. 52-09, 10-19-2009; amd. Ord. 54-15, 8-17-2015) 16-5-7-4: TEMPORARY USES: Temporary uses shall be regulated in conformance with the provisions of section 16-3-19 of this title. (Ord. 52-09, 10-19-2009) 16-5-7-5: PARKING: Minimum parking requirements shall be regulated in conformance with the provisions of chapter 14 of this title. (Ord. 52-09, 10-19-2009) 16-5-7-6: SIGNS: Signs shall be regulated in conformance with the provisions of chapter 15 of this title. (Ord. 52-09, 10-19-2009) October 2021 City of Dubuque [® )f , , , It It IT , r , » )§ 4C� _ — E 'E / / ) ; \ LL ) ct2 . w R A G A ) , m „ E (§\ cu }j E 0 ) J /\ 777E 0C'4w /0 /©ew 75 k 2 \ — _ — §— ® — ƒ \ \ ) ) \ ) \ \ / — / . O 16-5-8 16-5-8-2 16-5-8: OS OFFICE SERVICE: The OS district is intended to encourage and permit professional office uses in newly developing areas of the city, and is intended to be used as a transition between commercial and residential area. (Ord. 52-09, 10-19-2009) 16-5-8-1: PRINCIPAL PERAUTTED USES: The following uses are permitted in the OS district: Art gallery, museum, or library. Artist studio. Barber or beauty shop. Dental or medical lab. General office. Licensed childcare center. Medical office. Parking structure. Photographic studio. Place of religious exercise or assembly. Public, private, or parochial school approved by the state of Iowa (K - 12). Railroad or public or quasi -public utility, including substation. Registered child development home. Residential use above the first floor only. School of private instruction. (Ord. 52-09, 10-19-2009; amd. Ord. 54-19, 12-16-2019; Ord. 30-21, 9-20-2021) 16-5-8-2: CONDITIONAL USES: The following conditional uses may be permitted in the OS district, subject to the provisions of section 16-8-5 of this title: October 2021 City of Dubuque 16-5-8-2 16-5-8-6 Licensed adult day services. Off street parking. Private club. Wind energy conversion system. (Ord. 52-09, 10-19-2009; amd. Ord. 54-19, 12-16-2019) 16-5-8-3: ACCESSORY USES: The following uses are permitted as accessory uses as provided in section 16-3-7 of this title: Any use customarily incidental and subordinate to the principal use it serves. Wind turbine (building mounted). (Ord. 52-09, 10-19-2009) 16-5-8-4: TEMPORARY USES: Temporary uses shall be regulated in conformance with the provisions of section 16-3-19 of this title. (Ord. 52-09, 10-19-2009) Minimum parking requirements shall be regulated in conformance with the provisions of chapter 14 of this title. (Ord. 52-09, 10-19-2009) 16-5-8-6: SIGNS: Signs shall be regulated in conformance with the provisions of chapter 15 of this title. (Ord. 52-09, 10-19-2009) October 2021 (see following page) City of Dubuque 16-5-9 16-5-9-1 16-5-9: OC OFFICE COMMERCIAL: The OC district is intended to encourage and permit the establishment of commercial business uses in mixed use specialty areas. This district will generally be located in areas which have developed, or are appropriate to develop, as limited retail districts. This district should also be located in areas adjacent to established commercial districts, in historic and/or architecturally significant areas where the adaptive reuse of existing buildings is encouraged, in areas of particular tourist interest and along arterial and/or collector streets which are suitable for more intensive commercial development. (Ord. 52-09, 10-19-2009) 16-5-9-1: PRINCIPAL PERMITTED USES: The following uses are permitted in the OC district: Art gallery, museum or library. Artist studio. Bakery (retail only). Barber or beauty shop. General office. Licensed childcare center. Medical office. Multi -family dwelling. Parking structure. Photographic studio. Place of religious exercise or assembly. Registered child development home. Retail sales and service. School of private instruction. Single-family detached dwelling. Two-family dwelling. October 2021 City of Dubuque 16-5-9-2 16-5-9-3 Any other specialty retail use of a similar nature and intensity. (Ord. 52-09, 10-19-2009; amd. Ord. 54-19, 12-16-2019; Ord. 30-21, 9-20-2021) 16-5-9-2: CONDITIONAL USES: The following conditional uses may be permitted in the OC district subject to the provisions of section 16-8-5 of this title: Bar or tavern. Bed and breakfast home. Bed and breakfast inn. Licensed adult day services. Off street parking. Private club. Restaurant. Tour home. Wind energy conversion system. (Ord. 52-09, 10-19-2009; amd. Ord. 54-19, 12-16-2019) 16-5-9-3: ACCESSORY USES: The following uses are permitted as accessory uses as provided in section 16-3-7 of this title: Detached garage. Fence. Garage sale, provided that not more than three (3) such sales shall be allowed per premises per calendar year and not more than three (3) consecutive days per sale. Home based business. Noncommercial garden, greenhouse or nursery. Off street parking of vehicles. October 2021 City of Dubuque 16-5-9-3 16-5-9-6 Satellite receiving dish. Solar collector (freestanding arrays are limited to not more than 100 aggregate square feet and 10 feet in height). Sport, recreation or outdoor cooking equipment. Storage building. Tennis court, swimming pool or similar permanent facility. Wind turbine (building mounted). (Ord. 52-09, 10-19-2009; amd. Ord. 54-15, 8-17-2015) 16-5-9-4: TEMPORARY USES: Temporary uses shall be regulated in conformance with the provisions of section 16-3-19 of this title. (Ord. 52-09, 10-19-2009) 16-5-9-5: PARKING: Minimum parking requirements shall be regulated in conformance with the provisions of chapter 14 of this title, except that a twenty five percent (25%) reduction shall be allowed in the OC district for both permitted and conditional uses. (Ord. 52-09, 10-19-2009) 16-5-9-6: SIGNS: Signs shall be regulated in conformance with the provisions of chapter 15 of this title. (Ord. 52-09, 10-19-2009) (see following page) October 2021 City of Dubuque /4 , }ƒ \) , g a a 2 g w ' r a ! j E . §m $ /£ -Ez - e e e 2 7 2 , e e {(} /!{ /0 E §~ \\ § & \ J & 2 { / (D a \ \ - - y e ) {/ J 3/ 7\ m m 5 2 7 73 � - µ Fj r m L6 O O N O O O N LO a O 16-5-10 16-5-10-1 The C-1 district is intended to be established on a very limited basis, to provide individual parcels for commercial and residential uses in older buildings in the city's established neighborhoods, while maintaining neighborhood characterand fostering opportunities for affordable housing. (Ord. 52-09, 10-19-2009) 16-5-10-1: PRINCRAL PERMITTED USES: The following uses are permitted in the C-1 district: Bakery (retail only). Barber or beauty shop. Flower shop, garden store, or commercial greenhouse. General office. Grocery or drug store (maximum 3,500 square feet). Laundromat. Licensed childcare center. Multi -family dwelling (maximum 6 dwelling units). Place of religious exercise or assembly. Railroad or public or quasi -public utility, including substation. Registered child development home. Retail sales and service. School of private instruction. Shoe repair. Single-family detached dwelling. Townhouse (maximum 6 dwelling units). Two-family dwelling (duplex). (Ord. 52-09, 10-19-2009; amd. Ord. 54-19, 12-16-2019; Ord. 30-21, 9-20-2021) October 2021 City of Dubuque 16-5-10-8 16-5-11 16-5-10-8: STANDARDS FOR NONRESIDENTIAL USES: The following standards shall apply to all nonresidential permitted and conditional uses in the C-1 district: A. The use shall be established in an existing structure that was designed for public, quasi -public, commercial, office, institutional, or industrial use. B. The structure was never converted to a residential use after the effective date hereof. C. The use shall be conducted entirely within the structure. D. There shall be no outdoor storage of equipment or materials on the property or adjacent public right of way. E. All vehicles in excess of two (2), used in conjunction with the use shall be stored within a building when they remain on the property overnight or during periods of nonuse, unless an alternate parking location is provided in a properly zoned area. Height (Ord. 52-09, 10-19-2009) 16-5-11: C-2 NEIGHBORHOOD SHOPPING CENTER: The C-2 district is intended to ensure that the size of the commercial center, the nature of uses permitted and the locational characteristics are such that the grouping of such uses will not adversely affect surrounding residences and do not detract from the residential purpose and character of the surrounding neighborhoods. (Ord. 52-09, 10-19-2009) April 2013 City of Dubuque 16-5-11-1 16-5-11-1 16-5-11-1: PRINCIPAL PERMITTED USES: The following uses are permitted in the C-2 district: Appliance sales or service. Artist studio. Automated gas station. Bank, savings and loan, or credit union. Barber or beauty shop. Furniture or home furnishing sales. Furniture upholstery or repair. Gas station. General office. Golf course. Indoor restaurant. Laundry, dry cleaner, or laundromat. Licensed childcare center. Medical office. Neighborhood shopping center. Parks, public or private, and similar natural recreation areas. Photographic studio. Place of religious exercise or assembly. Railroad or public or quasi -public utility, including substation. Registered child development home. Residential use above the first floor only. Retail sales and service. October 2021 City of Dubuque 16-5-11-1 16-5-11-1 School of private instruction. (Ord. 52-09, 10-19-2009; amd. Ord. 54-10, 9-20-2010; Ord. 17-13, 3-18-2013; Ord. 54-19, 12-16-2019; Ord. 30-21, 9-20-2021) October 2021 City of Dubuque fAM , rn 0 O N m O O O N LO -Q v0 O U 16-5-12 16-5-12-2 16-5-12: C-2A MIXED USE NEIGHBORHOOD: The C-2A district is intended to provide locations for small mixed use and commercial developments that are separated by at least one-fourth (114) mile, and contain less than two (2) acres in total developed area that serve one or more neighborhoods. The C-2A district is intended to be compatible with and serve surrounding residential areas by providing the goods and services for daily living. The C-2A district is intended to reduce the need for vehicular trips and provide a pedestrian friendly walkable development. (Ord. 52-09, 10-19-2009) 16-5-12-1: PRINCIPAL PERAHTTED USES: The following uses are permitted in the C-2A district: Bank, savings and loan, or credit union. Barber or beauty shop. General office. Grocery store (less than 30,000 square feet). Indoor restaurant (less than 100 seats). Laundromat. Licensed childcare center. Place of religious exercise or assembly. Railroad or public or quasi -public utility, including substation. Registered child development home. Residential use located entirely above the first floor only. Retail sales and service (less than 3,500 square feet per business). School of private instruction. (Ord. 52-09, 10-19-2009; amd. Ord. 54-10, 9-20-2010; Ord. 54-19, 12-16-2019; Ord. 30-21, 9-20-2021) 16-5-12-2: CONDITIONAL USES: The following conditional uses may be permitted in the C-2A district, subject to the provisions of section 16-8-5 of this title: October 2021 City of Dubuque 16-5-12-2 16-5-12-6 Animal hospital or clinic. Licensed adult day services. Pet daycare or grooming. Wind energy conversion systems. (Ord. 52-09, 10-19-2009; amd. Ord. 54-19, 12-16-2019) 16-5-12-3: ACCESSORY USES: The following uses are permitted as accessory uses as provided in section 16-3-7 of this title: Any use customarily incidental and subordinate to the principal use it serves. Wind turbine (building mounted). (Ord. 52-09, 10-19-2009) 16-5-12-4: TEMPORARY USES: Temporary uses shall be regulated in conformance with the provisions of section 16-3-19 of this title. (Ord. 52-09, 10-19-2009) 16-5-12-5: PARKING: Minimum parking requirements shall be regulated in conformance with the provisions of chapter 14 of this title. (Ord. 52-09, 10-19-2009) 16-5-12-6: SIGNS: Signs shall be regulated in conformance with the provisions of chapter 15 of this title. (Ord. 52-09, 10-19-2009) October 2021 City of Dubuque r- N L9 co ii E� rn � = O M E E m E� E E Ea .0 /n N Y O E m Q i X m C O li E C_ O O J N � E @ . E > O O N U J N 0 E o —co o u= E ca E Q C O J N a0 o WE X 9 N N UZ N N 3 Q m m O O N N =o a S O U 16-5-13-1 16-5-13-1 General office. Golf course. Grocery store. Hotel. Indoor amusement arcade. Indoor recreation facility. Indoor restaurant. Indoor theater. Laundry, dry cleaner, or laundromat. Licensed childcare center. Medical office. Miniwarehouse. Mobile or manufactured home sales or service. Mortuary or funeral home. Moving or storage facility. Museum or library. Neighborhood shopping center. Parking structure. Parks, public or private, and similar natural recreation areas. Pet daycare or grooming. Photographic studio. Place of religious exercise or assembly. Printing or publishing. Private club. August 2020 City of Dubuque 16-5-13-1 16-5-13-2 Railroad or public or quasi -public utility, including substation. Registered child development home. Residential use above the first floor only. Restaurant, drive-in or carryout. Retail sales and service. School of private instruction. Service station. Tattoo parlor. Tour home. Vehicle body shop. Vehicle sales or rental. Vehicle service or repair. Vending or game machine sales or service. Wholesale sales or distributor. (Ord. 52-09, 10-19-2009; amd. Ord. 17-13, 3-18-2013; Ord. 54-19, 12-16-2019; Ord. 30-21, 9-20-2021) 16-5-13-2: CONDITIONAL USES: The following conditional uses may be permitted in the C-3 district, subject to the provisions of section 16-8-5 of this title: Licensed adult day services. Outdoor recreation or outdoor amusement center. Passenger transfer facility. Wind energy conversion system. (Ord. 52-09, 10-19-2009; amd. Ord. 54-19, 12-16-2019) October 2021 City of Dubuque 16-5-13-3 16-5-13-6 16-5-13-3: ACCESSORY USES: The following uses are permitted as accessory uses as provided in section 16-3-7 of this title: Any use customarily incidental and subordinate to the principal use it serves. Crematorium accessory to a mortuary or funeral home. Wind turbine (building mounted). (Ord. 52-09, 10-19-2009) 16-5-13-4: TEMPORARY USES: Temporary uses shall be regulated in conformance with the provisions of section 16-3-19 of this title. (Ord. 52-09, 10-19-2009) 16-5-13-5: PARKING: Minimum parking requirements shall be regulated in conformance with the provisions of chapter 14 of this title. (Ord. 52-09, 10-19-2009) 16-5-13-6: SIGNS: Signs shall be regulated in conformance with the provisions of chapter 15 of this title. (Ord. 52-09, 10-19-2009) October 2021 City of Dubuque ( \ } § § §z w /ƒ v §s _ t � � k \ { E2 _ E§± \ /3J © §~2 /\ / 3 / L6 _ w w \� E 0 / 12 \ ® � - 0 AMW ON ff \ 0 16-5-14-1 16-5-14-1 Furniture or home furnishing sales. Furniture upholstery or repair. Gas station. General office. Grocery store. Hotel. Housing for the elderly or persons with disabilities. Indoor amusement center. Indoor recreation facility. Indoor restaurant. Indoor theater. Laundry, dry cleaner, or laundromat. Licensed childcare center. Medical office. Mortuary or funeral home. Neighborhood shopping center. Parking structure. Pet daycare or grooming. Photographic studio. Place of religious exercise or assembly. Printing or publishing. Private club. Public or private park or similar natural recreation area. Public, private or parochial school approved by the state of Iowa (K - 12). August 2020 City of Dubuque 16-5-14-1 16-5-14-2 Railroad or public or quasi -public utility, including substation. Registered child development home. Residential use above the first floor only. Retail sales or service. School of private instruction. Service station. Shoe repair. Supermarket. Tailor or alteration shop. Tattoo parlor. Tour home. Upholstery shop. Vending or game machine sales or service. Wholesale sales or distributor. (Ord. 52-09, 10-19-2009; amd. Ord. 41-16, 8-15-2016; Ord. 54-19, 12-16-2019; Ord. 30-21, 9-20-2021) 16-5-14-2: CONDITIONAL USES: The following conditional uses may be permitted in the C-4 district, subject to the provisions of section 16-8-5 of this title: Car wash. Licensed adult day services. Off street parking. Passenger transfer facility. Restaurant, drive-in or carryout. Vehicle body shop. Vehicle sales or rental. October 2021 City of Dubuque 16-5-14-2 16-5-14-6 Vehicle service or repair. Wind energy conversion system. (Ord. 52-09, 10-19-2009; amd. Ord. 54-19, 12-16-2019) 16-5-14-3: ACCESSORY USES: The following uses are permitted as accessory uses as provided in section 16-3-7 of this title: Any use customarily incidental and subordinate to the principal use it serves. Crematorium accessory to a mortuary or funeral home. Drive -up automated bank teller. Wind turbine (building mounted). (Ord. 52-09, 10-19-2009) 16-5-14-4: TEMPORARY USES: Temporary uses shall be regulated in conformance with the provisions of section 16-3-19 of this title. (Ord. 52-09, 10-19-2009) 16-5-14-5: PARKING: Off street parking is not required. New surface off street parking lots are prohibited unless approved by the city council. Underground and aboveground parking garages are allowed provided they are an integral part of a new or existing building. (Ord. 52-09, 10-19-2009) 16-5-14-6: SIGNS: Signs shall be regulated in conformance with the provisions of chapter 15 of this title. (Ord. 52-09, 10-19-2009) October 2021 City of Dubuque E� C E m G E cK N U E 3 N m Ea � c� N E E E o c LL. 0 O J N � E m o E>a O O m U E O 0 E o C J 0 O LL O_ J E� EQ o c_ � 0 v� N M N C N U aD (U N U a E E U O a U w c 3 c u O = C OO yj O N t0 a N p N Q 3 o a a N a <n U L O O N O Q aiD Q _ C O 0 m n=tiu U U O O O O @ @ 2= W O> U O N s E O i 16-5-15-1 16-5-15-1 Housing for the elderly or persons with disabilities. Indoor amusement center. Indoor recreation facility. Indoor restaurant. Indoor theater. Laundry or dry cleaner. Licensed childcare center. Medical office or clinic. Parking structure. Photographic studio. Places of religious exercise or assembly. Printing or publishing. Private club. Public or private park or similar natural recreation area. Railroad or public or quasi -public utility, including substation. Regional shopping center. Registered child development home. Residential use above the first floor only. Retail sales or service. School of private instruction. Service station. Shoe repair. Sport arena. Supermarket. October 2021 City of Dubuque 16-5-15-1 16-5-15-5 Tailor or alteration shop. Tattoo parlor. (Ord. 52-09, 10-19-2009; amd. Ord. 41-16, 8-15-2016, Ord. 54-19, 12-16-2019; Ord. 30-21, 9-20-2021) 16-5-15-2: CONDITIONAL USES: The following conditional uses may be permitted in the C-5 district, subject to the provisions of section 16-8-5 of this title: Licensed adult day services. Passenger transfer facility. Wind energy conversion system. (Ord. 52-09, 10-19-2009; amd. Ord. 54-19, 12-16-2019) 16-5-15-3: ACCESSORY USES: The following uses are permitted as accessory uses as provided in section 16-3-7 of this title: Any use customarily incidental and subordinate to the principal use it serves. Drive -up automated bank teller. (Ord. 52-09, 10-19-2009) 16-5-15-4: TEMPORARY USES: The following uses may be permitted as temporary uses in the C-5 district in conformance with the provisions of section 16-3-19 of this title: Any use listed as a permitted use within the district. Temporary surface parking lot may be allowed as part of a construction or redevelopment project. Wind turbine (building mounted). (Ord. 52-09, 10-19-2009) 16-5-15-5: PARKING: Off street parking is not required. New surface off street parking lots are prohibited unless approved by the city council. Underground and aboveground parking garages are allowed provided they are an integral part of a new or existing building. (Ord. 52-09, 10-19-2009) October 2021 City of Dubuque 16-5-15-6 16-5-15-6 16-5-15-6: SIGNS: Signs shall be regulated in conformance with the provisions of chapter 15 of this title. (Ord. 52-09, 10-19-2009) October 2021 City of Dubuque 16-5-16 16-5-16-1 16-5-16: CS COMMERCIAL SERVICE AND WHOLESALE: The CS district is intended to provide locations for a variety of business services, office uses, limited industrial activity and major wholesale operations. The CS district uses are primarily characterized by large storage space requirements, high volume truck traffic and low volume customer traffic. It is intended that the CS district is one that provides a transitional zone that can be used between industrial and commercial uses and in cases where topography establishes a transitional area due to physical limitations between industrial and higher density residential development. (Ord. 52-09, 10-19-2009) 16-5-16-1: PRINCIPAL PERMITTED USES: The following uses are permitted in the CS district: Agricultural supply sales. Animal hospital or clinic. Appliance sales or service. Auto part sales or supply. Business services. Construction supply sales or service. Contractor shop or yard. Dental or medical lab. Farm implement sales or service. Freight transfer facility. Fuel or ice dealer. Furniture or home furnishing sales. Furniture upholstery or repair. General office. Kennel. Landscaping services (not including retail sales as primary use). August 2020 City of Dubuque 16-5-16-1 16-5-16-2 Licensed childcare center. Lumberyard or building material sales. Mail order house. Miniwarehousing. Moving or storage facility. Off street parking lot. Office supply. Passenger transfer facility. Pet daycare or grooming. Printing or publishing. Processing or assembly. Railroad or public or quasi -public utility, including substation. Refrigeration equipment sales or service. Registered child development home. Resource recovery/recycling center (indoor only). Upholstery shop. Vehicle body shop. Vehicle sales or rental. Vehicle service or repair. Vending or game machine sales or service. Wholesale sales or distributor. (Ord. 52-09, 10-19-2009; amd. Ord. 54-19, 12-16-2019; Ord. 30-21, 9-20-2021) 16-5-16-2: CONDITIONAL USES: The following conditional uses may be permitted in the CS district, subject to the provisions of section 16-8-5 of this title: October 2021 City of Dubuque 16-5-16-2 16-5-16-6 Licensed adult day services. Wind energy conversion system. (Ord. 52-09, 10-19-2009; amd. Ord. 54-19, 12-16-2019) 16-5-16-3: ACCESSORY USES: The following uses are permitted as accessory uses as provided in section 16-3-7 of this title: Any use customarily incidental and subordinate to the principal use it serves. Wind energy turbine (building mounted). (Ord. 52-09, 10-19-2009) 16-5-16-4: TEMPORARY USES: The following uses shall be permitted as temporary uses in the CS district in conformance with the provisions of section 16-3-19 of this title: Any use listed as a permitted use within the district. (Ord. 52-09, 10-19-2009) 16-5-16-5: PARKING: Minimum parking requirements shall be regulated in conformance with the provisions of chapter 14 of this title. (Ord. 52-09, 10-19-2009) 16-5-16-6: SIGNS: Signs shall be regulated in conformance with the provisions of chapter 15 of this title. (Ord. 52-09, 10-19-2009) October 2021 City of Dubuque F s i J E o> E _ E O � m �C m i O � Y G (n U Gc m d N � �X m C O LL O � � C O N O N O J N � E > O O mUd E N U � E o �° C J O LL E m n O E Q O o ' 0 6 O N N cu �o U O � L E E m O C UQ U ro U Z N N to N N � N U m L L O > Q N 0 Z 0 N LOW"! m m y MA O U 16-5-17-1 16-5-17-2 Marine vehicle sales or rental. Marine vehicle service or repair. Off street parking lot. Outdoor recreation. Parking structure. Parks, public or private, and similar natural recreation areas. Passenger transfer facility. Place of religious exercise or assembly. Pleasure craft harbor. Private club. Railroad or public or quasi -public utility, including substation. Registered child development home. Residential use above the first floor only. Retail sales and service. Tour home. (Ord: 52-09, 10-19-2009; amd. Ord.49-10, 8-16-2010; Ord. 17-13, 3-18-2013; Ord. 54-19, 12-16-2019; Ord. 30-21, 9-20-2021) 16-5-17-2: CONDITIONAL USES: The following conditional uses may be permitted in the CR district, subject to the provisions of section 16-8-5 of this title: Bar or tavern. Drive -up automated bank teller. Gas station. Licensed adult day services. Restaurant, drive-in or carryout. October 2021 City of Dubuque 16-5-17-2 16-5-17-6 Wind energy conversion system. (Ord. 52-09, 10-19-2009; amd. Ord. 54-19, 12-16-2019) 16-5-17-3: ACCESSORY USES: The following uses are permitted as accessory uses as provided in section 16-3-7 of this title: Any use customarily incidental and subordinate to the principal use it serves. Wind turbine (building mounted). (Ord. 52-09, 10-19-2009) 16-5-17-4: TEMPORARY USES: The following uses shall be permitted as temporary uses in the CR district in conformance with the provisions of section 16-3-19 of this title: Any use listed as a permitted use within the district. (Ord. 52-09, 10-19-2009) 16-5-17-5: PARKING: Minimum parking requirements shall be regulated in conformance with the provisions of chapter 14 of this title. (Ord. 52-09, 10-19-2009) 16-5-17-6: SIGNS: Signs shall be regulated in conformance with the provisions of chapter 15 of this title. (Ord. 52-09, 10-19-2009) October 2021 City of Dubuque 16-5-18 16-5-18-1 16-5-18: LI LIGHT INDUSTRIAL: The LI district is intended to provide locations for a variety of uses associated primarily in the conduct of light manufacturing, assembling and fabrication, warehousing, wholesaling and commercial service operations that require adequate accessibility to transportation facilities. The district is also intended to provide locations for a limited amount of commercial development that will serve employees of surrounding industrial uses. (Ord. 52-09, 10-19-2009) 16-5-18-1: PRINCIPAL PERMITTED USES: The following uses are permitted in the LI district: Agricultural supply sales. Animal hospital or clinic. Auto part sales. Automated gas station. Bakery (wholesale/commercial). Bank, savings and loan, or credit union. Bar or tavern. Business services. Car wash. full service. Car wash, self-service. Cold storage or locker plant. Construction supply sales or service. Contractor shop or yard. Dental or medical lab. Drive -up automated bank teller. Farm implement sales, service or repair. Freight transfer facility. Fuel or ice dealer. August 2020 City of Dubuque 16-5-18-1 16-5-18-1 Furniture upholstery or repair. Gas station. General office. Grocery store. Indoor recreation facility. Indoor restaurant. Kennel. Laboratory for research or engineering. Licensed childcare center. Lumberyard or building materials sales. Mail order house. Manufacturing, secondary. Miniwarehousing. Mobile home sales. Moving or storage facility. Off street parking lot. Outdoor recreation facility. Parking structure. Passenger transfer facility. Pet daycare or grooming. Printing or publishing. Processing, packaging, or storing meat, dairy or food products, but not including slaughterhouses or stockyards. Railroad or public or quasi -public utility, including substation. Registered child development home. October 2021 City of Dubuque 16-5-18-1 16-5-18-3 Resource recovery/recycling center (indoor only). Restaurant, drive-in or carryout. Service station. Tool, die, or pattern making. Upholstery shop. Vehicle body shop. Vehicle sales or rental. Vehicle service or repair. Vending or game machine sales or service. Warehousing or storage facility. Welding services. Wholesale sales or distributor. (Ord. 52-09, 10-19-2009; amd. Ord. 54-19, 12-16-2019; Ord. 30-21, 9-20-2021) 16-5-18-2: CONDITIONAL USES: The following conditional uses may be permitted in the LI district, subject to the provisions of section 16-8-5 of this title: Licensed adult day services. Residential use. Wind energy conversion system. (Ord. 52-09, 10-19-2009; amd. Ord. 50-10, 8-16-2010; Ord. 54-19, 12-16-2019) 16-5-18-3: ACCESSORY USES: The following uses are permitted as accessory uses as provided in section 16-3-7 of this title: Any use customarily incidental and subordinate to the principal use it serves. Drive -up automated bank teller. October 2021 City of Dubuque 16-5-18-3 16-5-18-6 Wind turbine (building mounted). (Ord. 52-09, 10-19-2009) 16-5-18-4: TEMPORARY USES: The following uses may be permitted as temporary uses in the LI district in conformance with the provisions of section 16-3-19 of this title: Any use listed as a permitted use within the district. (Ord. 52-09, 10-19-2009) 16-5-18-5: PARKING: Minimum parking requirements shall be regulated in conformance with the provisions of chapter 14 of this title. (Ord. 52-09, 10-19-2009) 16-5-18-6: SIGNS: Signs shall be regulated in conformance with the provisions of chapter 15 of this title. (Ord. 52-09, 10-19-2009) October 2021 City of Dubuque 16-5-19 16-5-19-1 16-5-19: HI HEAVY INDUSTRIAL: The HI district is intended to provide locations for industrial uses which by their nature generate levels of smoke, dust, noise, odors, or other visual impacts that render them incompatible with virtually all other land uses. The district is also intended to provide locations for a limited amount of commercial development that will serve employees of surrounding industrial uses. (Ord. 52-09, 10-19-2009) 16-5-19-1: PRINCIPAL PERMITTED USES: The following uses are permitted in the HI district: Agricultural supply sales. Animal hospital or clinic. Auto part sales. Automated gas station. Bakery (wholesale/commercial). Bank, savings and loan, or credit union. Bar or tavern. Business services. Car wash, full service. Car wash, self-service. Cold storage or locker plant. Construction supply sales and service. Contractor shop or yard. Convenience store. Crematorium, reduction plant, foundry, forge or smelter. Dental or medical lab. Drive -up automated bank teller. Farm implement sales, service or repair. August 2020 City of Dubuque 16-5-19-1 16-5-19-1 Freight transfer facility. Fuel or ice dealer. Furniture upholstery or repair. General office. Grain or barge terminal. Indoor recreation facility. Indoor restaurant. Junkyard or salvage yard. Kennel. Laboratory for research or engineering. Licensed childcare center. Lumberyard or building material sales. Mail order house. Manufacturing, primary. Manufacturing, secondary. Miniwarehousing. Mobile home sales. Moving or storage facility. Off street parking lot. Packaging, processing, or storing meat, dairy or food products. Parking structure. Passenger transfer facility. Pet daycare or grooming. Printing or publishing. October 2021 City of Dubuque 16-5-19-1 16-5-19-2 Railroad or public or quasi -public utility, including substation. Registered child development home. Resource recovery/recycling center (indoor only). Restaurant, drive-in or carryout. Sanitary landfill. Service station. Sewage treatment plant. Slaughterhouse or stockyard. Tool, die, or pattern making. Upholstery shop. Vehicle body shop. Vehicle sales or rental. Vehicle service and repair. Vending or game machine sales or service. Warehousing, packaging, distribution or storage facility. Welding services. Wholesale sales or distributor. (Ord. 52-09, 10-19-2009; amd. Ord. 63-10, 12-20-2010; Ord. 54-19, 12-16-2019; Ord. 30-21, 9-20-2021) 16-5-19-2: CONDITIONAL USES: The following conditional uses may be permitted in the HI district, subject to the provisions of section 16-8-5 of this title: Licensed adult day services. Residential use. Retail sales and service. October 2021 City of Dubuque 16-5-19-2 16-5-19-6 Wind energy conversion system. (Ord. 52-09, 10-19-2009; amd. Ord. 54-19, 12-16-2019) 16-5-19-3: ACCESSORY USES: The following uses are permitted as accessory uses as provided in section 16-3-7 of this title: Any use customarily incidental and subordinate to the principal use it serves. Drive -up automated bank teller. Wind turbine (building mounted). (Ord. 52-09, 10-19-2009) 16-5-19-4: TEMPORARY USES: The following uses may be permitted as temporary uses in the HI district in conformance with the provisions of section 16-3-19 of this title: Any use listed as a permitted use within the district. (Ord. 52-09, 10-19-2009) 16-5-19-5: PARKING: Minimum parking requirements shall be regulated in conformance with the provisions of chapter 14 of this title. (Ord. 52-09, 10-19-2009) 16-5-19-6: SIGNS: Signs shall be regulated in conformance with the provisions of chapter 15 of this title. (Ord. 52-09, 10-19-2009) October 2021 City of Dubuque 16-5-20 16-5-20-1 16-5-20: MIR MODIFIED HEAVY INDUSTRIAL: The MHI district is intended to provide locations for most heavy industrial uses, while also serving as a buffer for transitional and redeveloping areas, particularly along the U.S. 61/151 freeway corridor, from the most intense industrial uses which, by their nature, generate levels of smoke, dust, noise, odors, or other visual impacts that render them incompatible with virtually all other land uses. This district is also intended to provide locations for a limited amount of commercial development that will serve employees of surrounding industrial uses. (Ord. 52-09, 10-19-2009) 16-5-20-1: PRINCIPAL PERMITTED USES: The following uses are permitted in the MHI district: Agricultural supply sales. Animal hospital or clinic. Auto part supply. Automated gas station. Bakery (wholesale/commercial). Bank, savings and loan, or credit union. Bar or tavern. Business services. Car wash, full service. Car wash, self-service. Cold storage or locker plant. Construction supply sales or service. Contractor shop or yard. Convenience store. Dental or medical lab. Drive -up automated bank teller. Farm implement sales, service or repair. August 2020 City of Dubuque 16-5-20-1 16-5-20-1 Freight transfer facility. Fuel or ice dealer. Furniture upholstery or repair. General office. Indoor recreation facility. Indoor restaurant. Kennel. Laboratory for research or engineering. Licensed childcare center. Lumberyard or building material sales. Mail order house. Manufacturing, primary. Manufacturing, secondary. Miniwarehousing. Mobile home sales. Moving or storage facility. Off street parking lot. Parking structure. Passenger transfer facility. Pet daycare or grooming. Printing or publishing. Processing, packaging, or storing meat, dairy or food products, but not including slaughterhouse or stockyard. Railroad or public or quasi -public utility, including substation. Registered child development home. October 2021 City of Dubuque 16-5-20-1 16-5-20-3 Resource recovery/recycling center (indoor only). Restaurant, drive-in or carryout. Service station. Tool, die, or pattern making. Upholstery shop. Vehicle body shop. Vehicle sales or rental. Vehicle service or repair. Vending or game machine sales or service. Warehousing, packaging, distribution, or storage facility. Welding services. Wholesale sales or distributor. (Ord. 52-09, 10-19-2009; amd. Ord. 54-19, 12-16-2019; Ord. 30-21, 9-20-2021) 16-5-20-2: CONDITIONAL USES: The following conditional uses may be permitted in the MHI district, subject to the provisions of section 16-8-5 of this title: Grain or barge terminal. Licensed adult day services. Residential use. Wind energy conversion system. (Ord. 52-09, 10-19-2009; amd. Ord. 50-10, 8-16-2010; Ord. 54-19, 12-16-2019) 16-5-20-3: ACCESSORY USES: The following uses shall be permitted as accessory uses as provided in section 16-3-7 of this title: Any use customarily incidental and subordinate to the principal use it serves. October 2021 City of Dubuque 16-5-20-3 16-5-20-6 Drive -up automated bank teller. Wind turbine (building mounted). (Ord. 52-09, 10-19-2009) 16-5-20-4: TEMPORARY USES: The following uses shall be permitted as temporary uses in the MHI district in conformance with the provisions of section 16-3-19 of this title: Any use listed as a permitted use within the district. (Ord. 52-09, 10-19-2009) 16-5-20-5: PARKING: Minimum parking requirements shall be regulated in conformance with the provisions of chapter 14 of this title. (Ord. 52-09, 10-19-2009) 16-5-20-6: SIGNS: Signs shall be regulated in conformance with the provisions of chapter 15 of this title. (Ord. 52-09, 10-19-2009) October 2021 City of Dubuque -A- -B- ANIMAL CONTROL (cont.) Vicious Dogs And Cats Definition ........................................... 7-6F-1 Disposition Of Vicious Animal ........................... 7-6F-5 Exceptions To Classification ............................ 7-6F-4 Notification Of Status Of Vicious Animal ................... 7-6F-3 Procedure For Declaration Of Vicious Animal ............... 7-6F-2 APPEALS (See Also HEARINGS AND APPEALS) .................... 2-1 ARTS AND CULTURAL AFFAIRS ADVISORY COMMISSION Commission Created ...................................... 2-8-1 Compensation .......................................... 2-8-11 Cooperation With Other Agencies ........................... 2-8-14 Internal Organization And Rules ............................. 2-8-3 Meetings .............................................. 2-8-10 Membership ............................................. 2-8-5 Oath................................................... 2-8-6 Officers/Organization...................................... 2-8-9 Powers................................................ 2-8-13 Procedures For Operation .................................. 2-8-4 Purpose................................................ 2-8-2 Removal............................................... 2-8-12 Solicitation And Acceptance Of Donations ..................... 2-8-15 Terms.................................................. 2-8-7 Vacancies .............................................. 2-8-8 ASSEMBLIES (See Also PARADES, ASSEMBLIES AND SPECIAL EVENTS) ......................................... 10-4 ATTORNEY, CITY ........................................... 1-7-6 f� BEER (See Also LIQUOR CONTROL) ............................ 4-213 BICYCLES Abandoned, Unlicensed, And Unattended Bicycles .............. 7-7-19 Altering, Counterfeiting Of Registration Sticker Or Decal Prohibited . 7-7-35 Bicycle Dealers And Repair Shops ........................... 7-7-37 Bicycle In Crosswalk ..................................... 7-7-18 Bicycle Not To Pass In Or Between Lanes ..................... 7-7-16 Bicycle Parking ......................................... 7-7-10 Bicycle Parking Required ................................. 16-14-9 Bicycle Records ......................................... 7-7-32 Bicycle To Be Driven To The Right .......................... 7-7-11 Bicycle Turn Signals ...................................... 7-7-12 Bicycles; Motor Vehicles And Traffic ..................... 9-1-321.2C August2017 City of Dubuque -B- -B- BICYCLES (cont.) Clinging To Vehicles ...................................... 7-7-8 Definitions .............................................. 7-7-5 Equipment .............................................. 7-7-6 Following Fire Apparatus ................................... 7-7-9 Intent And Purpose ....................................... 7-7-1 Left Turns By Bicycles .................................... 7-7-13 Parking Lot Provisions For Bicycle Parking ................ 16-13-3-5-1 Passing On Right ........................................ 7-7-14 Passing Within Lane Prohibited ............................. 7-7-15 Reckless Operator Of A Bicycle ............................. 7-7-20 Registration Fees ........................................ 7-7-31 Registration Required .................................... 7-7-30 Registration Sticker Or Decal ............................... 7-7-33 Rental Agencies ......................................... 7-7-36 Replacement Of Registration Sticker Or Decal ................. 7-7-34 Required Method Of Riding A Bicycle ......................... 7-7-7 Riding Abreast .......................................... 7-7-17 Violation............................................... 7-7-38 BOARD OF LIBRARY TRUSTEES Annual Reports ......................................... 2-7-15 Board Created ........................................... 2-7-1 Compensation .......................................... 2-7-11 Charge Of Building, Donations .............................. 2-7-14 Internal Organization And Rules ............................. 2-7-3 Meetings .............................................. 2-7-10 Membership ............................................. 2-7-5 Oath................................................... 2-7-6 Officers/Organization...................................... 2-7-9 Powers................................................ 2-7-13 Procedures For Operation .................................. 2-7-4 Purpose................................................ 2-7-2 Removal............................................... 2-7-12 Terms.................................................. 2-7-7 Vacancies.............................................. 2-7-8 BOARDS AND COMMISSIONS Airport Commission ....................................... 12-4 Airport Zoning Board Of Adjustment .......................... 12-6 Airport Zoning Commission ................................. 12-5 Arts And Cultural Affairs Advisory Commission ................... 2-8 Board Of Library Trustees ................................... 2-7 Building Code Advisory And Appeal Board .................... 14-1A-6 Cable Television Commission ............................... 2-11 Civic Center Advisory Commission ............................. 2-4 Civil Service Commission .................................... 2-2 Electrical Code Review And Appeals ........................ 14-1 D-3 Equity And Human Rights Commission ......................... 8-2 October 2021 City of Dubuque -B- -B- BOARDS AND COMMISSIONS (cont.) Hearings And Appeals ...................................... 2-1 Historic Preservation Commission ........................... 16-10 Housing Agency And Community Development Commissions ........ 2-5 Community Development Advisory Commission .............. 2-5C Housing Commission .................................. 2-56 Trust Fund Advisory Committee .......................... 2-5D Housing Appeals And Mediation Board ...................... 14-1J-7 Investment Oversight Advisory Commission ..................... 2-3 Long Range Planning Advisory Commission .................... 15-2 Mechanical Code Review And Appeals ...................... 14-1F-4 Park And Recreation Advisory Commission ................... 10-5A-2 Plumbing Code Review And Appeals ........................ 14-1 H-7 Resilient Community Advisory Commission ...................... 2-6 Transit Advisory Board ...................................... 5-1 Zoning Advisory Commission ................................ 16-9 Zoning Board Of Adjustment ................................ 16-8 BOATS, BOATING AND WATERFRONT STRUCTURES Boat Landing Areas ...................................... 10-7-4 Conducting Trade Or Business In Pleasure Craft Spaces ......... 10-7-7 Definitions ............................................. 10-7-2 Driving Over Ice ........................................ 10-7-14 Floats, Boathouses Maintained In Orderly Condition ............. 10-7-6 Intent................................................. 10-7-1 Launching, Removing Boat From Water At Public Launching Ramps............................................... 10-7-8 Mooring Of Boathouses And Floats Along Waterfront ............ 10-7-5 No Parking Areas ....................................... 10-7-12 Places And Hours Of Restriction ........................... 10-7-13 Removal Of Sunken, Derelict Or Abandoned Craft ............. 10-7-11 Repairs To Boats At Public Launching Ramps .................. 10-7-9 Unlawful Deposits ....................................... 10-7-3 Water Operation Rules .................................. 10-7-10 October 2021 City of Dubuque CONDOMINIUM CONVERSIONS AND TRANSFERS TO MULTIPLE HOUSING COOPERATIVE (cont.) Transfers To Multiple Housing Cooperative .................... 14-7-2 Building Code Requirements .......................... 14-7-2-1 Filing Plans With City Clerk ........................... 14-7-2-2 Inspection; Certificate Of Compliance ................... 14-7-2-3 CONTROLLED SUBSTANCES Drug Paraphernalia ....................................... 7-56 Glue Sniffing Or Other Chemical Substances .................. 7-513-4 Under The Influence Of Controlled Substance .................. 7-513-3 CROSS CONNECTION CONTROL, WATER PROTECTION .......... 13-1D A DANGEROUS ANIMALS (See Also ANIMAL CONTROL) ............. 7-6D DANGEROUS BUILDINGS Appeal................................................ 14-3-6 Definitions ............................................. 14-3-2 Enforcement ........................................... 14-3-3 Enforcement Of Order Of Building Official Or Building Code And Appeals Board ......................................... 14-3-8 Notices And Orders Of Building Official ....................... 14-3-4 Performance Of Work Of Repair Or Demolition ................. 14-3-9 Procedure For Conduct Of Hearing Appeals ................... 14-3-7 Purpose And Scope ...................................... 14-3-1 Recovery Of Cost Of Repair Or Demolition ................... 14-3-10 Repair, Vacation And Demolition ............................ 14-3-5 DEFINITIONS, CITY CODE Catchlines, Titles And Headings ............................. 1-3-2 Rules Of Construction ..................................... 1-3-1 DISABILITY DISCRIMINATION (See Also EQUITY AND HUMAN RIGHTS) ........................................... 8-3-1 DOGS AND CATS (See Also ANIMAL CONTROL) .................. 7-66 DRINKING IN PUBLIC PLACES ................................ 4-2A-6 DRUG PARAPHERNALIA (See Also OFFENSES) ................... 7-513 DUBUQUE CITY CODE Altering Code ............................................ 1-1-3 Amendments To Code; Effect Of New Ordinances ............... 1-1-2 Definitions ............................................... 1-3 General Penalty ........................................... 1-4 How Code Designated And Cited ............................. 1-1-1 Saving Clause ............................................ 1-2 October 2021 City of Dubuque -E- -E- E ECONOMIC DEVELOPMENT Industrial Projects Issuance Of Bonds; Investigation Fee ..................... 3-4A-1 Residential Relocation Assistance Program Appeals............................................3-4D-8 Applicability Of Program ............................... 3-4D-4 Definitions .......................................... 3-4D-3 Eligibility For Assistance ............................... 3-4D-5 Funding........................................... 3-4D-11 Procedure For Hearing Appeal .......................... 3-4D-9 Purpose............................................3-4D-2 Relocation Assistance ................................. 3-4D-7 Relocation Assistance Program Established ................ 3-4D-1 Violation By Owner .................................. 3-4D-10 Written Notice Required ............................... 3-4D-6 Speculative Shell Buildings Of Community Development Organizations And For Profit Entities Application For Exemption By Property Owner .............. 3-4C-3 Definitions .......................................... 3-4C-1 Exemption Allowed ................................... 3-4C-2 ELECTIONS, PRECINCTS AND WARDS City Divided Into Four Wards ............................... 1-8-24 City Divided Into Twenty Precincts ............................ 1-8-3 Correction Of Errors ....................................... 1-8-2 Definitions And Rules Of Construction ......................... 1-8-1 Precinct ............................................... 1-8-4 Precinct ............................................... 1-8-5 Precinct............................................... 1-8-6 Precinct............................................... 1-8-7 Precinct ............................................... 1-8-8 Precinct............................................... 1-8-9 Precinct.............................................. 1-8-10 Precinct8.............................................. 1-8-11 Precinct .............................................. 1-8-12 Precinct10............................................. 1-8-13 Precinct11............................................. 1-8-14 Precinct12............................................. 1-8-15 Precinct13............................................. 1-8-16 Precinct14............................................. 1-8-17 Precinct15............................................. 1-8-18 Precinct16............................................. 1-8-19 Precinct17............................................. 1-8-20 Precinct18............................................. 1-8-21 Precinct19............................................. 1-8-22 November 2014 City of Dubuque -E- -E- ENCROACHMENTS ON PUBLIC PLACES (cont.) Projecting Signs Compliance With Historic Preservation Regulations ......... 10-3C-4 Compliance With Zoning Ordinance ..................... 10-3C-3 Definitions ......................................... 10-3C-1 Exclusion..........................................10-3C-6 Maintenance ....................................... 10-3C-5 Permit Requirements; Fees ............................ 10-3C-2 Revocation Of Permit ..................................... 10-3-4 Sidewalk Cafes Authorization ....................................... 10-3E-2 Days And Hours Of Operation .......................... 10-3E-5 Definition .......................................... 10-3E-1 Designated Area .................................... 10-3E-4 Operation......................................... 10-3E-7 Permit Requirements; Fee ............................ 10-3E-3 Sound Equipment ................................... 10-3E-6 Waste Collection Receptacles Definitions ......................................... 10-3A-1 Exception ...................... ............ ....... 10-3A-5 Exclusion .......... ................................ 10-3A-4 Maintenance ....................................... 10-3A-3 Permit Requirements; Fees ............................ 10-3A-2 ENERGY CONSERVATION CODE International Energy Conservation Code Adopted .............. 14-1C-1 International Energy Conservation Code Amendments .......... 14-1C-2 EQUITY AND HUMAN RIGHTS Definitions; General Provisions Definitions ........................................... 8-1-1 Enforcement Of Civil Rights Amendments Of Complaints ............................. 8-4-2 Commission Orders ................................... 8-4-6 Commission Proceedings Upon Failure To Reach Settlement By Conciliation ............................. 8-4-5 Commission Staff Proceedings On Complaints ............... 8-4-4 Filing Complaints ...................................... 8-4-1 Judicial Review; Enforcement Actions ...................... 8-4-9 Provisional Remedies .................................. 8-4-8 Release From Administrative Process; Alternative Judicial Proceedings Upon Complaints .......................... 8-4-7 Rule Of Construction .................................. 8-4-10 Time Limitation For Filing Complaint ....................... 8-4-3 Equity And Human Rights Commission Commission Created ................................... 8-2-1 Compensation ....................................... 8-2-11 Confidentiality Of Complaints ........................... 8-2-15 Internal Organization And Rules .......................... 8-2-3 October 2021 City of Dubuque -E- -E- EQUITY AND HUMAN RIGHTS (cont.) Meetings ........................................... 8-2-10 Membership ......................................... 8-2-5 Oath............................................... 8-2-6 Officers; Organization .................................. 8-2-9 Powers............................................ 8-2-13 Procedures For Operation ............................... 8-2-4 Purpose.................................. :.......... 8-2-2 Records To Be Public; Exceptions ....................... 8-2-14 Removal........................................... 8-2-12 Subpoenas ......................................... 8-2-16 Terms.............................................. 8-2-7 Vacancies ........................................... 8-2-8 Fair Housing Administrative Enforcement; Preliminary Matters ............. 8-5-6 Cooperation With State And Federal Agencies .............. 8-5-14 Definitions ........................................... 8-5-1 Disclaimer Of Preemptive Effect ......................... 8-5-17 Discrimination In Provision Of Brokerage Services ............ 8-5-5 Discrimination In Residential Real Estate Related Transactions .. 8-5-4 Enforcement By City Attorney's Office .................... 8-5-13 Enforcement By Commission ............................ 8-5-9 Enforcement By Private Persons ......................... 8-5-12 Exemptions .......................................... 8-5-3 Interference, Coercion Or Intimidation; Enforcement By Civil Action ........................................ 8-5-15 Judicial Review ...................................... 8-5-11 Probable Cause Determination And Effect .................. 8-5-7 Prohibitions .......................................... 8-5-2 Review By Commission; Service Of Final Order ............. 8-5-10 Subpoenas; Giving Of Evidence .......................... 8-5-8 Violations; Bodily Injury; Death; Penalties .................. 8-5-16 Unfair And Discriminatory Practices Accommodations Or Services ............................ 8-3-2 Credit .............................................. 8-3-4 Disability Discrimination Construction.....................................8-3A-3 Defenses, Exemptions And Exclusions ................ 8-3A-2 Employment Prohibited Practices ..................... 8-3A-1 Illegal Use Of Drugs And Alcohol ..................... 8-3A-4 New Construction And Alteration Of Public Accommodations ................................ 8-3A-6 Public Accommodations; Prohibited Practices ........... 8-3A-5 Education........................................... 8-3-5 Employment Practices .................................. 8-3-3 Generally ............................................ 8-3-1 October 2021 City of Dubuque -E- -E- EROSION AND SEDIMENT CONTROL Appeal Of Notice Of Violation ............................. 14-12-10 Applicability; Title ....................................... 14-12-2 Cost Of Abatement Of Violation ........................... 14-12-12 Definitions ............................................ 14-12-1 Duty To Comply With State NPDES General Permit No. 2 ....... 14-12-7 Enforcement Measures ................................. 14-12-11 Erosion And Sediment Control (ESC) Permit .................. 14-12-6 Injunctive Relief ....................................... 14-12-13 Permit Monitoring Procedures ............................. 14-12-8 Remedies Not Exclusive ................................ 14-12-15 Responsibility For Administration ........................... 14-12-3 Severability Clause ..................................... 14-12-4 Ultimate Responsibility ................................... 14-12-5 Violation .............................................. 14-12-9 Violations Deemed Public Nuisance ........................ 14-12-14 EVIDENTIARY HEARINGS BY CITY COUNCIL Conduct Of Hearing ....................................... 1-9-5 Form Of Notice Of Hearing ................................. 1-9-3 General Provisions ........................................ 1-9-2 Method And Form Of Decision ............................... 1-9-6 Purpose And Intent ....................................... 1-9-1 Subpoenas .............................................. 1-9-4 EXCAVATIONS Exemptions ............................................ 10-2-7 Guards Or Protection Required ............................. 10-2-3 Interference With Traffic .................................. 10-2-4 Manner Of Performing Work ............................... 10-2-6 Permit Requirements ..................................... 10-2-1 Restoration Of Surface Generally ........................... 10-2-2 Time Period For Commencement Of Work .................... 10-2-5 EXCURSION BOAT ADMISSION FEES Collection Of Admission Fees; Exceptions ...................... 4-3-1 EXTERIOR STORAGE CONTAINERS AND STORAGE TRAILERS Application For Permit; Site Plan ............................ 14-8-5 Consideration Of Application ............................... 14-8-6 Definitions ............................................. 14-8-1 Fees.................................................. 14-8-7 Permit Required ......................................... 14-8-4 Required Conditions ...................................... 14-8-3 Revocation Or Suspension Of Permit ......................... 14-8-8 Storage Containers Or Storage Trailers Permitted; Exemptions .... 14-8-2 Variance ............................................... 14-8-9 October 2021 City of Dubuque -F- -F- F FAIR HOUSING (See Also EQUITY AND HUMAN RIGHTS) ............ 8-5 FIRE CODE AND REGULATIONS Emergencies .......................................... 14-1E-4 International Fire Code Adopted ........................... 14-1E-1 International Fire Code Amendments ........................ 14-1E-2 International Fire Code Enforcement ........................ 14-1 E-3 Special Conditions ...................................... 14-1 E-5 FIRE DEPARTMENT Service Charges ......................................... 7-2-2 Service Outside City Restricted .............................. 7-2-1 Standby Service .......................................... 7-2-3 FIRE PREVENTION REGULATIONS Blasting, Fireworks And Open Burning; Permits And Fees ......... 6-9-3 Bulk Storage Tank Licenses ................................ 6-9-5 October 2021 City of Dubuque -H- -H- HISTORIC BUILDINGS (cont.) Alternate Electrical Requirements ........................... 14-5-9 Alternate Mechanical Requirements .......................... 14-5-8 Alternate Structural Requirements ........................... 14-5-6 Building Evaluation Method ................................ 14-5-4 Definitions ............................................. 14-5-3 Miscellaneous Building Requirements ........................ 14-5-5 Purpose, Scope And Application ............................ 14-5-1 Totally Preserved Buildings Used As Historical Exhibits .......... 14-5-10 HOME BASED BUSINESSES .................................. 16-7-1 HOTEL AND MOTEL TAX Definitions .............................................. 3-3-1 Levy................................................... 3-3-2 Payment................................................ 3-3-3 HOUSING AGENCY AND COMMUNITY DEVELOPMENT COMMISSIONS Community Development Advisory Commission Commission Created .................................. 2-5C-1 Compensation ...................................... 2-5C-11 Grievance Procedure; Review Standards; Appeal Process .... 2-5C-14 Internal Organization And Rules ......................... 2-5C-3 Meetings..........................................2-5C-10 Membership........................................2-5C-5 Oath..............................................2-5C-6 Officers/Organization.................................2-5C-9 Powers...........................................2-5C-13 Procedures For Operation .............................. 2-5C-4 Procedures For Operations ............................ 2-5C-15 Purpose................................ ............ 2-5C-2 Removal ................................... ....... 2-5C-12 Terms. .... ................ ....... .............. ...2-5C-7 Vacancies ......................... ................. 2-5C-8 Housing Commission Commission Created .................................. 2-56-1 Compensation ...................................... 2-513-11 Internal Organization And Rules ......................... 2-513-3 Meetings .......................................... 2-513-10 Membership ........................................ 2-5B-5 Monitor Housing Program; Conduct Hearings On Grievances . 2-56-15 Oath..............................................2-5B-6 Officers/Organization.................................2-56-9 Powers...........................................2-5B-13 Procedures For Operation .............................. 2-513-4 Project Approval .................................... 2-5B-14 October 2019 City of Dubuque -H- -H- HOUSING AGENCY AND COMMUNITY DEVELOPMENT COMMISSIONS (cont.) Purpose............................................2-56-2 Removal..........................................2-5B-12 Terms.............................................2-5B-7 Vacancies..........................................2-56-8 Trust Fund Advisory Committee Financial Management ................................ 2-5D-3 Funding............................................2-5D-5 Housing Trust Fund Advisory Committee .................. 2-5D-6 Iowa Finance Authority State Housing Trust Fund Program .... 2-5D-7 Purpose............................................2-5D-2 Trust Fund Administration .............................. 2-5D-4 Trust Fund Established ................................ 2-5D-1 HOUSING COMMISSION ...................................... 2-513 HUMAN RIGHTS; EQUITY AND (See EQUITY AND HUMAN RIGHTS) October 2021 City of Dubuque ILLICIT CONNECTIONS AND DISCHARGES TO STORM SEWER SYSTEM (See Also PUBLIC UTILITIES) .................. 13-5 INDUSTRIAL PROJECTS (See Also ECONOMIC DEVELOPMENT) ..... 3-4A INDUSTRIAL ZONING DISTRICTS .............. 16-5-18, 16-5-19, 16-5-20 INFRACTION (See Also GENERAL PENALTY, CITY CODE) ........... 1-4 INTERNATIONAL CODES ADOPTED Building Codes ......................................... 14-1A-1 Energy Conservation Code ............................... 14-1 C-1 FireCode ........... .................................. 14-1E-1 Fuel Gas Code ........................................ 14-1G-1 Mechanical Code ....................................... 14-1F-1 Plumbing Code ........................................ 14-1H-1 Property Maintenance Code ............................... 14-1J-1 Residential Code ....................................... 14-1 B-2 INVESTMENT OVERSIGHT ADVISORY COMMISSION Commission Created ...................................... 2-3-1 Compensation .......................................... 2-3-11 Internal Organization And Rules ............................. 2-3-3 Meetings .............................................. 2-3-10 Membership ............................................. 2-3-5 Oath................................................... 2-3-6 Officers; Organization ..................................... 2-3-9 Powers................................................ 2-3-13 Procedures For Operation .................................. 2-3-4 Purpose................................................ 2-3-2 Removal............................................... 2-3-12 Reports Provided ........................................ 2-3-14 Terms.................................................. 2-3-7 Vacancies .............................................. 2-3-8 J JUNK AND AUTO SALVAGE DEALERS (See Also PAWNBROKERS AND SECONDHAND DEALERS; JUNK AND AUTO SALVAGE DEALERS) ................................................ 4-613 K October 2021 City of Dubuque -L- -L- L LAND USE (See Also UNIFIED DEVELOPMENT CODE) ........... Title 16 LICENSE REGULATIONS (See Also BUSINESS AND LICENSE REGULATIONS) ........................................... Title 4 LICENSING OF VACANT AND/OR ABANDONED BUILDINGS (See Also BUILDING AND DEVELOPMENT) .......................... 14-4 LIQUOR CONTROL Alcoholic Beverages Advertisement For Alcohol, Liquor, Wine Or Beer ............ 4-2A-5 Buffet Sales Prohibited ................................ 4-2A-9 Consumption In Public Places ........................... 4-2A-6 Definitions .......................................... 4-2A-2 Notice Of Violation Upon Issuance Of Citation .............. 4-2A-8 Persons Under Legal Age .............................. 4-2A-7 Prohibited In Adult Entertainment Establishments ........... 4-8-16E Prohibited Sales And Acts .............................. 4-2A-3 Purpose Of Chapter .................................. 4-2A-1 Sunday Sales.......................................4-2A-4 Intoxicating Beverages In Parks ............................ 10-513-2 October 2021 City of Dubuque -L- -M- LIQUOR CONTROL (cont.) Liquor, Beer And Wine Licenses And Permits Action By Council; Forwarding Of Documents To State ....... 4-2B-9 Application; Bond .................................... 4-2B-3 Application For Renewal .............................. 4-2B-14 Effect Of Revocation.................................4-2B-18 Hearing ........................................... 4-2B-17 Investigation Of Applicant And Premises ................... 4-213-5 License Or Permit Required ............................ 4-26-1 Nature And Scope Of License Or Permit .................. 4-2B-10 Persons Eligible ..................................... 4-2B-4 Proof Of Financial Responsibility ......................... 4-2B-7 Requirement For Premises ............................. 4-213-6 Separate Permits Required For Separate Locations .......... 4-2B-2 Surrender Of Permit Or License; Refund Of Fee ........... 4-2B-12 Suspension And Revocation Generally; Grounds ........... 4-213-15 Suspension And Revocation; Notification; Specific Terms .... 4-213-16 Term Of License Or Permit; Seasonal Licenses And Permits..........................................4-2B-13 Transferability As To Location .......................... 4-2B-11 Open Containers In Motor Vehicles ..................... 9-7-321.284 Open Containers In Motor Vehicles; Passengers .......... 9-7-321.284A LITTERING ................................................ 7-5A-5 LIVESTOCK (See Also ANIMAL CONTROL) ........................ 7-6 LONG RANGE PLANNING ADVISORY COMMISSION ............... 15-2 M MAILBOXES General .............................................. 10-3F-1 Nuisance ............................................. 10-3F-4 Permit............................................... 10-3F-2 Placement And Design ................................... 10-3F-3 MANAGER, CITY ............................................ 1-7-4 MAYOR AND CITY COUNCIL Compensation ........................................... 1-6-2 Composition; Terms ....................................... 1-6-1 Emergency Succession For Mayor And Council Members .......... 1-6-4 Evidentiary Hearings By City Council ........................... 1-9 Mayor Pro Tern .......................................... 1-6-3 Rules And Procedure Amendments To Motions .............................. 1-6A-8 Attendance Of Media At Council Meetings ................. 1-6A-5 October 2021 City of Dubuque MAYOR AND CITY COUNCIL (cont.) Chart Of Preference Of Motions ......................... 1-6A-9 Committees, Boards And Commissions Established ......... 1-6A-13 General Rules.......................................1-6A-2 Motions............................................1-6A-7 Motions For Special Purposes .......................... 1-6A-10 Order Of Business And Agenda ........................ 1-6A-11 Ordinances, Resolutions And Motions .................... 1-6A-12 Presiding Officer ..................................... 1-6A-6 Purpose.............................................1-6A-1 Records............................................1-6A-4 Rights Of Public .................................... 1-6A-14 Suspension Of Rules................................1-6A-15 Types Of Meetings...................................1-6A-3 MECHANICAL CODE Fees ................................................. 14-1F-3 International Mechanical Code Adopted ...................... 14-1 F-1 International Mechanical Code Amendments .................. 14-1F-2 Mechanical Code Review And Appeals ...................... 14-1 F-4 MINORS Adult Entertainment Establishments, Minors Prohibited In ........ 4-8-16F Alcoholic Beverages, Regulations Regarding ................... 4-2A-7 Child Restraints In Vehicles .......................... 9-12-321.446 Junk Dealers And Auto Salvage Dealers, Purchases From Minors Restricted ................................ 4-6B-11A Parental Responsibility For ................................. 7-5D Pawnbrokers And Secondhand Dealers, Purchases From Minors Restricted ................................. 4-6A-12 Social Host Responsibility .................................. 7-5E Tobacco Products To Underage Persons .................... 7-5A-15 Underage Persons Entering Gambling Facilities ............... 7-5A-14 MISDEMEANOR (See Also GENERAL PENALTY, CITY CODE) ......... 1-4 MOTOR VEHICLES AND TRAFFIC Drivers' Licenses Generally Operation Of Motor Vehicle With Expired License .. 9-4-321.174A Operation Without Registration .................. 9-4-321.98 Operator's License; Operation Of Commercial Motor Vehicles ............................. 9-4-321.174 Restricted Licenses .......................... 9-4-321.193 Licensees And Nonoperators Identification Cards; Violations Employing Unlicensed Chauffeur ................ 9-4-321.221 Inspection Of License Prior To Renting ........... 9-4-321,223 December 2020 City of Dubuque