Code of Ordinances Amendment_Title 16 UDC Defining DisabilityPlanning Services Department
City Hall
50 West 13th Street
Dubuque, IA 52001-4864
(563) 589-4210 phone
(563) 589-4221 fax
(563) 690-6678 TDD
planning@cityofdubuque.org
The Honorable Mayor and City Council Members
City of Dubuque
City Hall — 50 W. 13th Street
Dubuque IA 52001
Dubuque
mn-mr.•nw
THE CITYOF
V
Masterpiece on the Mississippi
July 14, 2014
Applicant: City of Dubuque
Description: Text Amendment to the Unified Development Code to amend Section 16-
2-3 of the Unified Development Code to remove the definition of disability
and to redefine the definition of family to include a reference to City Code
Chapter 8-1.1 defining disability.
Dear Mayor and City Council Members:
The City of Dubuque Zoning Advisory Commission has reviewed the above-cited
request. The application, staff report and related materials are attached for your review.
Discussion
Assistant Planner Guy Hemenway, representing the City of Dubuque, reviewed the
application, noting that the amendment's existing language in the Unified Development
Code (UDC) regarding disability does not agree with either the federal regulations or
Chapter 8 of the City Code. The proposed amendment would remove the definition of
disability from the UDC and add a reference to the definition of disability found in
Chapter 8-1.1 of the City Code to the UDC's definition of family.
There were no public comments.
The Zoning Advisory Commission discussed the request, and determined the proposed
changes to be logical.
Recommendation
By a vote of 4 to 0, the Zoning Advisory Commission recommends that the City Council
approve the request.
A simple majority vote is needed for the City Council to approve the request.
Respectfully submitted,
Patrick Norton, Chairperson
Zoning Advisory Commission
Service
People
Integrity
Responsibility
Innovation
Teamwork
Masterpiece on the Mississippi
❑Variance
['Conditional Use Permit
DAppeal
['Special Exception
❑Limited Setback Waiver
❑Rezoning/PUD/ID
PLANNING APPLICATION FORM
❑Preliminary Plat
['Major Final Plat
['Minor Final Plat
['Simple Site Plan
D Minor Site Plan
D Major Site Plan
['Simple Subdivision
®Text Amendment
❑Temporary Use Permit
['Annexation
['Historic Revolving Loan
DHistoric Housing Grant
City of Dubuque
Planning Services Department
Dubuque, IA 52001-4805
Phone: 563-589-4210
Fax: 563-589-4221
plannino cityofdubuque.orq
['Certificate of Appropriateness
['Advisory Design Review (Public Projects)
❑ Certificate of Economic Non -Viability
['Historic Designation
['Demolition
❑ Port of Dubuque Design Review
Please type or print legibly in ink
Property owner(s): N/A Phone:
Address: City:
Fax #: Cell #: E-mail:
State: Zip:
Applicant/Agent: City of Dubuque
Address: 50 W. 13th St.
Fax #: 563-589-4211
Site location/address: N/A
Existing zoning: N/A
City: Dubuque
Phone: 563-589-4210
State: IA Zip: 52001
Cell #: N/A E-mail: planningeacitvofdubuque.oro
Neighborhood Association: N/A
Proposed zoning: N/A District: N/A Landmark: ❑ Yes ® No
Legal Description (Sidwell parcel ID# or lot number/block number/subdivision): N/A
Total property (lot) area (square feet or acres): N/A
Describe proposal and reason necessary (attach a letter of explanation, if needed): Amend UDC Section 16-2-3 Definitions of
Disability and Family to refer to Chapter 8-1.1 of the City Code.
CERTIFICATION: I/we, the undersigned, do hereby certify/acknowledge that:
1. It is the property owner's responsibility to locate property lines and to review the abstract for easements and restrictive
covenants.
2. The information submitted herein is true and correct to the best of my/our knowledge and upon submittal becomes public
record;
3. Fees are not refundable and payment does not guarantee approval; and
4. All additional required written and graphic materials are attached.
Property Owner(s): Date:
Applicant/Agent: Date:
FOR OFFICE USE ONLY — APPLICATION SUBMITTAL CHECKLIST
Fee: Received by:
Date: 6 ' ''9' y !Docket:
Masterpiece on the Mississippi
MEMORANDUM
Dubuque
All-amencac ry
2007 • 2012 • 2013
TO: Zoning Advisory Commission
FROM: Laura Carstens, Planning Services Manager
SUBJECT: Text Amendment Re: Definitions of Disability and Family
DATE: June 16, 2014
Introduction
This memorandum transmits a proposed text amendment to the Unified Development
Code (UDC) to revise the definitions of disability and family to be consistent with City
Code Section 8-1.1 of the Human Rights Ordinance. The text amendment ordinance
and City Code Section 8-1.1 are enclosed.
Background
The 2009 UDC updated and consolidated previous zoning, subdivision, site
development, historic preservation, and sign regulations into a single City Code. Some
definitions in the previous codes were retained, and over 300 new definitions were
added based on review of other codes, staff input, and public comments.
Discussion
Currently, the UDC defines family as: "... any number of people occupying a single
dwelling unit, living together as a single housekeeping unit, related by blood, marriage
or formal adoption plus not more than three additional people not so related except that
foster children and persons with disability as defined in this Code shall be considered a
family." "This" Code refers to the UDC that defines disability as, "...having a physical or
mental impairment that substantially limits one or more such person's major life
activities so that such person is incapable of living independently, a record of having
such impairment, or being regarded as having such impairment."
In consultation with Human Rights Director Kelly Larson, it was determined that City
Code Section 8-1.1 of the Human Rights Ordinance offers a very detailed and concise
definition of disability that is tied to current ADA regulations. Therefore, in an effort to
create a uniform and consistent definition of disability, staff recommends that the UDC
reference City Code Section 8-1.1 so that both codes use the same definition of
disability.
Text Amendment Re: Definitions of Disability and Family
This amendment is warranted because the City's UDC definition of family references
people with disabilities. People who qualify as disabled are deemed a single-family, are
not limited in number, and are allowed to reside in any single residential unit. This
amendment will reduce the risk that City staff will inadvertently deny the right of a
qualified protected group from occupying a single residential unit based on the number
of individuals residing in that unit.
Recommendation
Planning Services staff, in conjunction with Human Rights staff, recommend that the
definition of disability be removed from the UDC. Further, staff recommend that the
UDC definition of family reference City Code Section 8-1.1 that clearly and concisely
defines disability.
Requested Action
The requested action is for the Zoning Advisory Commission to provide a
recommendation to the City Council with respect to UDC definitions for disability and
family.
Prepared by Guy, Hemenway, Assistant Planner
Enclosures
cc: Kelly Larson, Human Rights Director
F:\USERS\LCARSTEN\WP\ZONING\Memo UDC amendment disability family.doc
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Chapter 1
DEFINITIONS; GENERAL PROVISIONS
8-1-1: DEFINITIONS:
When used in this title, the following terms shall have the meanings ascribed herein unless
the context otherwise requires:
AUXILIARY AIDS AND SERVICES: A. Qualified interpreters or other effective methods 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 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, or joint labor
management committee.
DIRECT THREAT: A significant risk to the health or safety of others that cannot be
eliminated by reasonable accommodation.
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.
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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 the impairment limits or is perceived to limit a major life
activity.
2. This provision shall not apply to impairments that are transitory and minor. A
"transitory impairment" is an impairment with an actual or expected duration of six
(6) months or less.
D. The definition of "disability" shall be construed in accordance with the following:
1. In favor of broad coverage of individuals under this title, to the maximum extent
permitted by the terms of this title.
2. "Substantially limits" shall be interpreted consistently with the findings and purposes
of the ADA amendments act of 2008.
3. An impairment that substantially limits one major life activity need not limit other
major life activities in order to be considered a disability.
4. An impairment that is episodic or in remission is a disability if it would substantially
limit a major life activity when active.
5. a. The determination of whether an impairment substantially limits a major life
activity shall be made without regard to the ameliorative effects of mitigating
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measures such as:
(1) Medication, medical supplies, equipment, appliances, low vision devices
(which do not include ordinary eyeglasses or contact lenses), prosthetics
including limbs and devices, hearing aids and cochlear implants or other
implantable hearing devices, mobility devices, or oxygen therapy equipment and
supplies.
(2) Use of assistive technology.
(3) Reasonable accommodations or auxiliary aids or services.
(4) Learned behavioral or adaptive neurological modifications.
b. The ameliorative effects of the mitigating measures of ordinary eyeglasses or
contact lenses shall be considered in determining whether an impairment
substantially limits a major life activity.
c. As used in this section:
(1) "Ordinary eyeglasses" or "contact lenses" means lenses that are intended to
fully correct visual acuity or eliminate refractive error.
(2) "Low vision devices" means devices that magnify, enhance, or otherwise
augment a visual image.
DRUG: A controlled substance, as defined in the code of Iowa.
EMPLOYEE: An individual employed by an employer.
EMPLOYER: The state or any political subdivision, board, commission, department,
institution, or school district thereof, and every other person employing employees within the
state.
EMPLOYMENT AGENCY: Any person undertaking to procure employees or opportunities to
work for any other person or any person holding such person or itself to be equipped to do
so.
FAMILIAL STATUS: A. One or more individuals who have not attained the age of eighteen
(18) years being domiciled with:
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1. A parent or other person having legal custody of such individual or individuals.
2. The designee of such parent or other person having such custody, with the written
permission of such parent or other person.
B. The protections afforded against discrimination on the basis of familial status shall
apply to any person who is pregnant or is in the process of securing legal custody of
any individual who has not attained the age of eighteen (18) years.
GENDER IDENTITY: A gender related identity of a person, regardless of the person's
assigned sex at birth.
LABOR ORGANIZATION: Any organization which exists for the purpose, in whole or in part,
of collective bargaining, dealing with employees concerning grievances, terms, or conditions
of employment, or other mutual aid or protection in connection with employment.
PERSON: An individual, partnership, association, corporation, legal representative, trustee,
receiver, any other legal entity, and the state and all political subdivisions and agencies
thereof.
PUBLIC ACCOMMODATION: A. Each and every place, establishment, or facility of
whatever kind, nature, or class that caters or offers services, facilities, or goods for a fee or
charge to nonmembers of any organization or association utilizing the place, establishment,
or facility; provided, that any place, establishment, or facility that caters or offers services,
facilities, or goods to the nonmembers gratuitously shall be deemed a "public
accommodation", if the accommodation receives any governmental support or subsidy.
B. "Public accommodation" shall not mean any bona fide private club or other place,
establishment, or facility which is by its nature distinctly private, except when such
distinctly private place, establishment, or facility caters or offers services, facilities, or
goods to the nonmembers for a fee or charge or gratuitously, it shall be deemed a
"public accommodation" during such period.
C. "Public accommodation" includes each state and local government unit or tax
supported district of whatever kind, nature, or class that offers services, facilities,
benefits, grants, or goods to the public, gratuitously or otherwise. This definition shall
not be construed by negative implication or otherwise to restrict any part or portion of
the preexisting definition.
QUALIFIED INDIVIDUAL WITH A DISABILITY: With respect to chapter 3, article A of this
title, an individual with a disability who, with or without reasonable accommodation, can
perform the essential functions of the employment position that such individual holds or
desires. For the purposes of this title, consideration shall be given to the employer's
judgment as to what functions of a job are essential and if an employer has prepared a
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written description before advertising or interviewing applicants for the job, this description
shall be considered evidence of the essential functions of the job.
READILY ACHIEVABLE: Easily accomplishable and able to be carried out without much
difficulty or expense. In determining whether an action is readily achievable, factors to be
considered include:
A. The nature and cost of the action needed under this title.
B. The overall financial resources of the facility or facilities involved in the action, the
number of persons employed at such facility, and 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.
REASONABLE ACCOMMODATION: A. Making existing facilities used by employees 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 ORIENTATION: A person's actual, history of, or perceived heterosexuality,
homosexuality, or bisexuality 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
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be considered include:
A. The nature and cost of the accommodation needed under this title.
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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 DISCRIMINATORY PRACTICE: Those practices specified as
unfair or discriminatory in chapters 3 and 5 of this title. (Ord. 18-09, 4-6-2009)
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Prepared by: Laura Carstens, City Planner Address: City Hall, 50 W. 13th St Telephone: 589-4210
Return to: Kevin Firnstahl, City Clerk Address: City Hall- 50 W. 13th St Telephone: 589-4121
ORDINANCE NO. 48-14
AN ORDINANCE AMENDING TITLE 16 OF THE CITY OF DUBUQUE CODE OF
ORDINANCES, UNIFIED DEVELOPMENT CODE, BY AMENDING ARTICLE 16-2 -3
BY ELIMINATING THE DEFINITION OF DISABILITY AND TO MODIFY THE
DEFINITION OF FAMILY TO INCLUDE A REFERENCE TO CITY CODE CHAPTER 8-
01.1 DEFINING DISABILITY
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. That Title 16 of the City of Dubuque Code of Ordinances, Unified
Development Code Article 2-3 is hereby added as follows:
2-3. Definitions
Family: any number of people occupying a single dwelling unit living together as
a single housekeeping unit, related by blood, marriage, or formal adoption plus
not more than three additional people not so related, except that foster children
and persons with disabilities as defined in the City Code Section 8-1.1, shall be
considered a family.
Section 2. The foregoing amendment has heretofore been reviewed by the
Zoning Advisory Commission of the City of Dubuque, Iowa.
Section 3. This ordinance shall take effect immediately upon publication, as
provided by law.
Ordinance 48-14
Attest:
Passed, approved and adopted this 21st day of July, 2014.
ice% r
Kevin S. Firnstahl, City CIe
Roy D. Eluol,/ ayor
Page 2
STATE OF IOWA
DUBUQUE COUNTY
{SS:
CERTIFICATION OF PUBLICATION
I, Suzanne Pike, a Billing Clerk for Woodward Communications, Inc., an Iowa corporation, publisher
of the Telegraph Herald,a newspaper of general circulation published in the City of Dubuque, County
of Dubuque and State of Iowa; hereby certify that the attached notice was published in said newspaper
on the following dates: July 25, 2014, and for which the charge is $16.13.
8,4 (4/g5L-A'A
Subscribed to before me, a Notary Public in and for Dubuque County, Iowa,
this 2.5 f day o ` , 20 /,/-• .
41.7
Notary Public in and for Dubuque County, Iowa.
OFFICIAL
PUBLICATION
ORDINANCE NO. 48-14
Art " ORDINANCE
AMENDING TITLE 16
OR, THE CITY ;OF'DU-
B000E CODE: OF OR-,
DINANCES, :UNIFIED .,
DE'VEL0PENT
COD,E� BYr AJu ENDING
ARTICLE: 16-2 3 f BY !; not so related, except
ELIMINATING THE', that "foster children
�D�FINITION;OF..DISA''i ,and persons withdisa
BIWTY•ANDTO MODI- bilities as defined ,in
FYT THE DEFINITION, p the City Code Section
OF'` FAMILY aTO IN- `I 8 i.1, shall be consid-
CLUDE A, REFERENCE eredlafamily
TO: CITY "CODE CHAP -, Section 2. The forego -
TER, 8-01.1 DEFINING mg,,,; 8mendment has
DISABILITY he,Ye'tofore "bees re -
NOW, THEREFORE Bg viewed by: the Zoning
IT':ORDAINED-.BY .THE Advisory Commission.
CITY COUNCIL -OF. THE' ' of the City of 13ubuque,e.-�
CITY OF DUBUQUE 10 -Iowa.
WA:; Q Section 3.• This ordi-
Section• 1, That Title pante shall take effect
16 of the City' of Dubu-immediately upon pub-
que Code of"0 dinar lication, as providedad
by
ces: Unified Develop law.
ment,Code Article 2 3 Passed approved apd
is hereby added as fol adopted this.2lst day
lows: of July, 2014
2-3. Definitions /s/Roy 0.Buol, Mayor �i
Family: any number of : Attest: /s/Kevin S.
people occupying a Firnstahl City,Clerk
single dwelling unit liv P,ublshedofficially in
ingtogether;as a single the • TelegraphHerald•
housekeeping unit, re newspaper ori the, 25th
fated by blood, mar- day sob fl
2014;
riage, or formal adop /s/Kevin 5. Firnstahl,
tion plus not more than CMC, City Clerk 1
thraa additional people. it 7/25
. STERMEYER
remission "number 154.085
y Comm: ET.e. FEB. 1, 2017
STATE OF IOWA {SS:
DUBUQUE COUNTY
CERTIFICATION OF PUBLICATION
I, Suzanne Pike, a Billing Clerk for Woodward Communications, Inc., an Iowa corporation, publisher
of the Telegraph Herald,a newspaper of general circulation published in the City of Dubuque, County
of Dubuque and State of Iowa; hereby certify that the attached notice was published in said newspaper
on the following dates: July 11, 2014, and for which the charge is $22.33.
Subscribed to before m Notary Public in and for Dubuque County, Iowa,
this /7a day of
, 20 /.
Notary Public in and for Dubuque County, Iowa.
MARY K, WESTERMEYER
Commission Number 154885
!Ay Comm. Exp. FEB. 1. 2017
1
CITY OF DUBUQUE,
IOWA •
OFFICIAL NOTICE
NOTICE IS HEREBY
GIVEN that the Dubu-
que City Council will
conduct a public hear-
ing . at a meeting to
commence at 6:30 p.m.
on July 21, 2014, In the
Historic Federal Build-
ing, 350 West 6th
Street, on the follow-
ing:
Text Amendments
Request by the City of
Dubuque td amend the
Unified Development
` Code to allow the
keeping of Hens for
I Egg Production as an 1
I accessory use in rest- I
dentia) districts.
t .Request by the City of
1 Dubuque -to. amend
Section 16-7, Supple-
mental Use Regula-
' tions, by adding a new
Section 16-7.5Establish-
'
D h
Lending .
ments and adding
siting requirements.
Request by the City of
Dubuque to amend
section 16-2-3 of the
Unified Development
Code to re•move the
aetinnion or aisaonity
and to redefine the
definition of family to
Include a reference to
City Code Chapter 8-1.1
defining-di4abll lty.
Written' comments re-
garding the :above pub-
lic hearings •-may be
submittedto the City
Clerk's Office oh or be-
fore said time of public
hearing. At sal d time
and place of public
hearings all Interested
citizens and parties
will be given an oppor-
tunity to be heard for,
or against said actions.
Copies of supporting;
documents for the pub-
lic hearings are- on file
in the City Clerk's Of-
fice and may be
viewed during regular
working hours.
Any visual or hearing
Impaired persons
needing special assis-
tance or persons with
special accessibility
needs should contact
the Gity Clerk's Office
at (563) 589-4100 or
TTY (563) 556-9948 at
least 48 hours prior to
the meeting.
Kevin 5. Firnstahl,
CMC, City Clerk
1t 7/11