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Dubuque Overview
Dubuque, IA Code of Ordinances
CITY CODE of DUBUQUE, IOWA
ORDINANCES PENDING REVIEW FOR CODIFICATION
TITLE 1 ADMINISTRATION
TITLE 2 BOARDS AND COMMISSIONS
TITLE 3 REVENUE AND TAXATION
TITLE 4 BUSINESS AND LICENSE REGULATIONS
TITLE 5 TRANSIT SYSTEM
TITLE 6 HEALTH, HOUSING, SANITATION AND ENVIRONMENT
TITLE 7 POLICE, FIRE AND PUBLIC SAFETY
TITLE 8 EQUITY AND HUMAN RIGHTS
TITLE 9 MOTOR VEHICLES AND TRAFFIC
TITLE 10 PUBLIC WAYS AND PROPERTY
TITLE 11 RIGHTS-OF-WAY
TITLE 12 AIRPORT
TITLE 13 PUBLIC UTILITIES
TITLE 14 BUILDING AND DEVELOPMENT
TITLE 15 PLANNING AND ZONING
TITLE 16 UNIFIED DEVELOPMENT CODE
CHAPTER 1 TITLE, PURPOSE AND GENERAL PROVISIONS
CHAPTER 2 DEFINITIONS
CHAPTER 3 LAND USE GENERAL PROVISIONS
CHAPTER 4 NONCONFORMITIES
CHAPTER 5 ZONING DISTRICTS
CHAPTER 6 OVERLAY DISTRICTS
CHAPTER 7 SUPPLEMENTAL USE REGULATIONS
CHAPTER 8 ZONING BOARD OF ADJUSTMENT APPLICATIONS AND PROCEDURES
CHAPTER 9 ZONING ADVISORY COMMISSION APPLICATIONS AND PROCEDURES
CHAPTER 10 HISTORIC PRESERVATION COMMISSION APPLICATIONS AND PROCEDURES
CHAPTER 11 LAND SUBDIVISION
CHAPTER 12 SITE PLANS
CHAPTER 13 SITE DESIGN STANDARDS
CHAPTER 14 PARKING
CHAPTER 15 SIGNS
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16-3-7-1: ACCESSORY STRUCTURES AND USES PERMITTED:
Accessory structures and uses shall only be permitted as specifically authorized within each individual district of this title, and shall be subordinate to and on the same zoning lot with the principal structure or use in conjunction with which it is maintained. (Ord. 52-09, 10-19-2009)
16-3-7-2: BULK REGULATIONS:
   A.   Location: No accessory use or structure permitted by this title may be located in a required front yard, except as otherwise specifically authorized. No accessory structure, equipment or material of any kind exceeding five feet (5') in height may be located in a required side yard.
   B.   Accessory Use/Structure Coverage: The lot coverage of permitted accessory uses and/or structures and the principal structure it serves shall be calculated together for the purpose of complying with the specified lot coverage as a percent of lot area. The maximum lot coverage shall not be exceeded within the district in which it is located and in no case shall permitted accessory structures or uses exceed the lot coverage of the principal structure it serves, with a maximum of one thousand (1,000) aggregate square feet for all detached structures.
   C.   Accessory Structure Height Limitations: No accessory structure permitted by this title shall exceed a height of fifteen feet (15') measured from average ground level. Satellite receiving dishes, wind energy conversion systems, and building mounted wind turbines shall comply with the bulk regulations of chapter 7 of this title.
   D.   Side And Rear Yard Setbacks: Side yard setbacks for all permitted accessory structures or uses shall be the same as required for the principal permitted use in the bulk regulations section of the specific zoning district. Rear yard setbacks for all permitted accessory structures or uses shall be six feet (6') for all zoning districts. Side and rear yard setbacks for detached storage sheds no larger than one hundred twenty (120) square feet in area shall be three feet (3') for all zoning districts, provided such structure is located at least six feet (6') from the primary structure. (Ord. 52-09, 10-19-2009)
16-3-7-3: RESIDENTIAL USE PROHIBITED:
No accessory structure may be used for residential dwelling purposes at any time, except as allowed in section 16-8-5 of this title. (Ord. 52-09, 10-19-2009)
16-3-8: ACCESSORY STRUCTURES AND USES IN ALL OTHER ZONING DISTRICTS:
In all other zoning districts, accessory structures and uses shall be permitted with or without conditions if the city planner deems the structure or use customarily incidental to and subordinate to the principal structure or use it serves. Such structures and uses within nonresidential districts shall comply with the specific bulk regulations listed within the district in which it is located, except that gas and service stations shall be allowed pumps, pump islands and canopies in a required front yard subject to site plan review, and satellite receiving dishes shall comply with the requirements established in section 16-7-2-14 of this title and wind turbines (building mounted) shall comply with the requirements established in section 16-7-3-7 of this title. (Ord. 52-09, 10-19-2009)
16-3-9: ACCESSORY USES SUBJECT TO SITE PLAN REVIEW:
The following accessory uses shall require site plan approval in accordance with chapter 12 of this title and, where applicable, compliance with additional supplemental land use regulations as established in chapter 7 of this title, prior to their establishment on the premises:
   Greenhouses over one hundred (100) square feet in area.
   Satellite receiving dishes.
   Swimming pools.
   Wind energy conversion systems. (Ord. 52-09, 10-19-2009)
16-3-10: PERMITTED MODIFICATIONS OF HEIGHT RESTRICTIONS:
The following may exceed the prescribed height limit provided they are required for a use permitted in the district in which they are erected or constructed: chimneys, cooling towers, condensers, elevator bulkheads, belfries, stacks, ornamental towers, monuments, cupolas, domes, spires, stair towers, and other necessary mechanical appurtenances and their protective housing but not to include equipment penthouse that constitutes more than thirty percent (30%) of the roof area. (Ord. 52-09, 10-19-2009)
16-3-11: ADMINISTRATIVE WAIVER FOR FREESTANDING SOLAR ARRAY:
   A.   Purpose: The purpose of the administrative waiver process for residential freestanding solar arrays is to facilitate the installation of freestanding solar arrays in residential and office districts while ensuring compatibility with existing development patterns and protecting investments made by surrounding property owners.
   B.   Issuance Of Waiver: The city planner shall issue a waiver only for freestanding solar arrays that comply with the following criteria. If the following criteria are not met, then the applicant still has the opportunity to apply for a special exception through the zoning board of adjustment.
   C.   Criteria:
      1.   An administrative waiver for a freestanding solar array is available in the following residential and office zoning districts: R-1, R-2, R-2A, R-3, R-4, OR and OC districts.
      2.   An administrative waiver is available for a freestanding solar array up to a maximum of twenty feet (20') in height and five hundred (500) square feet in area.
      3.   That all abutting property owner(s), including property owner(s) directly across the street, alley or platted public right of way agree to the requested freestanding solar array by signing a waiver form supplied by the planning services office.
      4.   That a site plan depicting the location of the freestanding solar array on the property and its distance to the side and rear property lines shall be prepared by the applicant and reviewed for completeness by the planning services office staff.
      5.   That an elevation rendering of the freestanding solar array indicating maximum height and width of the installation shall also be prepared by the applicant and reviewed for completeness by planning services office.
      6.   The applicant shall meet with each property owner and review with them the site plan and elevation rendering for the proposed solar array installation. Each property owner will need to agree to the proposal by signing a waiver form.
   D.   Completion Of Process: Planning staff will verify that the application is complete and that all waiver forms are signed, have the applicant sign before a notary that they met with all the neighboring property owners and received their signatures, and notify the building services department that an administrative waiver has been approved. (Ord. 58-16, 11-21-2016)
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