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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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16-11-12: SOLAR SUBDIVISION:
   A.   Definition: A "solar subdivision" is a development that includes at least seventy percent (70%) "solar lots", which have a minimum north-south dimension of seventy five feet (75') and a front line orientation that is within thirty degrees (30°) of the true east-west axis.
   B.   Solar Access: To facilitate solar access, streets in a solar subdivision shall be oriented in an east-west direction to the maximum extent possible or to within twenty degrees (20°) of such orientation. This requirement shall not apply to preliminary plats approved prior to the effective date hereof, provided the final plat of the preliminary plat is submitted within six (6) months, or to final plats submitted within six (6) months of the preliminary plat approval or to portions of the subdivision where the applicant demonstrates that:
      1.   There are other means of assuring solar access to lots in question, including, but not limited to, cluster development on large parcels or through the use of building setback or solar access easements.
      2.   Topographic conditions on or surrounding the land being subdivided make such orientation unreasonable.
      3.   The shape and size of the property being subdivided make such orientation unreasonable.
      4.   Adopted stormwater management plans or policies indicate a different street orientation.
      5.   Existing or approved future development contiguous to the subject property precludes adequate solar access to the portion in question.
      6.   Existing street patterns contiguous to the subject property make such orientation unreasonable.
      7.   Specific adverse environmental impacts would occur on the site if such orientation were achieved.
      8.   Desirable street circulation patterns require some streets to be in a more north-south direction.
      9.   The final platting of only a portion of an approved preliminary plat precludes changes in remaining portions of the preliminary plat which are necessary to provide adequate solar access to the portion in question. (Ord. 52-09, 10-19-2009)
16-11-13: COTTAGE DESIGN SUBDIVISION:
The following regulations apply to cottage housing developments (CHDs):
   A.   Bulk Regulations:
      1.   The minimum lot area for a CHD shall be two thousand five hundred (2,500) square feet.
      2.   The height limit permitted for structures in CHDs shall be eighteen feet (18').
      3.   The ridge of pitched roofs with a minimum slope of six to twelve (6:12) may extend up to twenty five feet (25'). All parts of the roof above eighteen feet (18') shall be pitched.
      4.   The maximum lot coverage permitted for principal and accessory structures in CHDs shall not exceed fifty percent (50%).
   B.   Yards:
      1.   Front Yards: The front yard shall be ten feet (10').
      2.   Rear Yards: The minimum rear yard shall be ten feet (10').
      3.   Side Yards: The minimum required side yard shall be five feet (5').
      4.   Courtyards: Landscaped, usable common open space.
   C.   Number Of Units: The development shall have a minimum of six (6) dwelling units and no more than twelve (12) dwelling units per courtyard.
   D.   Dwelling Size: Single-story dwellings in cottage developments shall not exceed eight hundred (800) square feet. Two-story structures shall not exceed a total square footage of one thousand two hundred (1,200) square feet.
   E.   Required Courtyard:
      1.   A courtyard shall be provided that abuts the front, rear, or side yards of at least fifty percent (50%) of the cottage units.
      2.   A minimum of four hundred (400) square feet per cottage unit of courtyard is required.
      3.   All of the cottage units shall be within sixty feet (60') walking distance of the courtyard, and the courtyard shall have cottages abutting at least two (2) sides.
   F.   Parking:
      1.   Spaces Required: One space per dwelling unit and 0.5 space per cottage unit for visitor parking shall be required.
      2.   Location:
         a.   Parking shall be on the CHD property.
         b.   Parking may be in or under a structure or outside a structure, provided that:
            (1)   Visitor parking is screened from direct street view by garage doors, or by a screening fence and/or landscaping.
            (2)   Parking between structures is only allowed when it is located toward the rear of the principal structure and is served by a private driveway.
            (3)   Parking may not be located in the front yard.
            (4)   Parking may be located between any structure and the rear lot line of the lot or between any structure and a side lot line which is not a street frontage.
   G.   Project Review: Cottage housing developments are reviewed through the city's subdivision review procedure. (Ord. 52-09, 10-19-2009)
16-11-14: BLOCKS AND LOTS:
   A.   Numbering: All blocks and lots shall be numbered systematically for identification.
   B.   Lot And Area Dimensions: The minimum area and dimensions for lots shall conform to the applicable requirements of the area regulations of this title. All lots shall front on a public street or an approved private street. Lots with double frontages shall not be permitted unless one frontage is an arterial street without access rights. Triangular lots shall be avoided whenever possible.
   C.   Lot Lines: Insofar as practical, the side lot lines shall be perpendicular to the street on which the lot fronts.
   D.   Remnant Lots: In cases where irregularity of ownership or street lines would produce remnant lots less than the minimum area required by this title, such area shall be added to adjoining lots.
   E.   Exceptional Sized Lots: When the tract is subdivided into parcels larger than the usual building lots, such tract shall be divided so as to allow for the opening of streets and such parcels shall be multiples, in area, of units not less than the lot areas required by this title.
   F.   Mid Block Pedestrian Access Easements: All blocks which exceed one thousand feet (1,000') in length shall be provided with a mid block pedestrian access easement. Mid block pedestrian access easements shall be provided to enhance connectivity within and between residential areas. Easements shall be provided in all blocks where the city planner determines, that due to topography, physical constraint, or excessive block length such easement would benefit the health and welfare of the public. (Ord. 52-09, 10-19-2009)
16-11-15: STREETS:
   A.   General: The arrangement of arterial and collector streets shall conform to the circulation plan of the comprehensive plan. For streets not shown in the comprehensive plan, the arrangement shall provide for the appropriate extension of existing streets. Private streets shall conform to city standards for private streets.
   B.   Right Of Way:
      1.   The right of way shall be measured from lot line to lot line and shall be sufficiently wide to contain the street pavement, curbs, shoulders, sidewalks, utilities, street lighting and street trees placed within the right of way.
      2.   The right of way width of a new street that is a continuation of an existing street shall in no case be continued at a width less than that of the existing street. The right of way width shall vary with street classification according to the city standards.
      3.   Dedication of half street right of way is discouraged but may be approved by the commission and city council to serve the public interest. Lots abutting on such right of way shall be nonbuildable until the remainder of the street is dedicated to the public.
   C.   Street Classification:
      1.   Streets shall be classified by the city engineer as arterial, collector, local or alley. The street hierarchy shall be defined by the city engineer based on road function and average daily traffic in accordance with the city standards.
      2.   Each street shall be classified and designed for its entire length to meet the standards for one of the street types defined in the city standards.
      3.   The owner shall demonstrate to the zoning advisory commission's and city council's satisfaction that the distribution of traffic to the proposed street system will not exceed the requirements set forth in the city standards.
   D.   Street Width: Street width shall consider possible limitations imposed by sight distances, climate, terrain, and maintenance needs. Street widths for each street classification shall conform to the city standards.
   E.   Pavement Standards: Street pavement thickness shall vary by street classification, subgrade properties and pavement type as specified in the city standards.
   F.   Street Alignment: Arterial and collector streets shall be continued in as direct an alignment as topography and other conditions permit. Local streets shall conform to the prevailing topography of the subdivision.
   G.   Street Grades: The minimum gradient for all streets shall be one-half percent (1/2%). The maximum gradient for arterial streets shall be eight percent (8%); for collector streets ten percent (10%); and for local streets twelve percent (12%). Grades of up to fifteen percent (15%) may be allowed on secondary access, local streets with the approval of the zoning advisory commission and city council. The grade within the circle of a cul-de-sac shall be no more than four percent (4%). (Ord. 52-09, 10-19-2009)
   H.   Names Of Streets: Names of streets that are aligned with existing or platted streets, or essentially so, shall bear the names of the existing streets. Names for new streets shall not duplicate in spelling, nor sound phonetically similar to existing street names in the city or county of Dubuque. Proposed street names for public or private streets shall be labeled on the submitted preliminary plat. (Ord. 26-13, 5-20-2013)
   I.   Easements: Easements shall be provided as determined necessary for public utility requirements. Public utility easements shall be a minimum of ten feet (10') in width and may vary as needed. Storm sewer and sanitary sewer easements and water main easements shall be a minimum of twenty feet (20') in width.
   J.   Curbs:
      1.   Curb requirements and construction shall be in accordance with the city standards.
      2.   Where curbing is not required, as in planned developments or within two (2) miles of the city limits, edge definition and stabilization shall be furnished as recommended by the city engineer. Shoulders and swales shall be reviewed on a case by case basis with the city engineer.
      3.   Curbing shall be designed to provide a ramp for wheelchairs and handicapped access as required by state and federal law and city standards. (Ord. 52-09, 10-19-2009)
   K.   Complete Streets Policy:
      1.   General: The city's comprehensive plan supports the development of a comprehensive bike/hike trail system to provide multimodal transportation for the city. Streets that are designed for only cars limit transportation choices by making walking, bicycling and taking public transportation inconvenient, unattractive and potentially dangerous. The city currently implements curb ramp, sidewalk, signage and trail projects that support the implementation of complete street design. The city's complete streets policy will take into account the potential for additional cost associated with the construction of complete streets and recognizes that not every new public street will be suitable for implementing all aspects of complete street design. Planning staff will review application of complete street design as part of the major subdivision review process.
      2.   Complete Street Design Goals:
         a.   Design and construct new streets in anticipation of increased demand for bicycling, walking and transit facilities.
         b.   Design and construct new streets that allow for future improvements to accommodate complete street design attributes, such as provision of extra right of way to accommodate an off street bike trail in the future.
         c.   New public streets that implement all or some components of complete street design shall utilize standards found in the following design guidelines:
            (1)   AASHTO (American Association Of State Highway And Transportation Officials).
            (2)   SUDAS (statewide urban design and specifications program).
            (3)   Federal highway administration.
            (4)   ITE (Institute Of Transportation Engineers).
      3.   Complete Street Applications:
         a.   Most collector and arterial streets are constructed/reconstructed by the city of Dubuque and hence application of complete street design criteria will be handled through the city's internal design and approval process.
         b.   Local residential streets in most new residential subdivisions will incorporate some complete street design criteria, such as sidewalks on both sides of the street, curb ramps at intersection corners, etc.
         c.   Collector streets within new subdivision, in addition to above, may restrict driveway access to side streets to facilitate on street bike trails, could include wide sidewalks and parkways to facilitate walking. (Ord. 1-12, 1-17-2012)
16-11-16: SIDEWALKS:
   A.   Sidewalks shall be required on all public street frontages and constructed of concrete or permeable pavement in accordance with the city and ADA standards.
   B.   Sidewalks shall be placed five feet (5') behind the curb parallel to the street, unless an exception has been permitted by the city engineer to preserve topographical or natural features or to provide visual interest, or unless the subdivider shows that an alternative pedestrian system provides safe and convenient circulation.
   C.   In planned developments, sidewalks may be located away from the road system to link dwelling units with other dwelling units, the street and on site activity centers such as parking areas and recreational areas. They may also be required parallel to the street for safety and other reasons.
   D.   Sidewalk installation shall be the responsibility of the owner of property abutting the public right-of-way. This responsibility shall extend to all successors, heirs and assignees. Sidewalk installation shall be required when the development of a lot has been completed. All vacant lots shall have sidewalks installed upon development of eighty percent (80%) of the lots shown on the approved final plat. (Ord. 52-09, 10-19-2009)
16-11-17: BIKEWAYS:
   A.   Separate bicycle paths shall be required in accordance with the comprehensive plan.
   B.   Bicycle lanes, where required, shall be placed in the outside lane of a roadway adjacent to the curb or shoulder. When on street parking is permitted, the bicycle lane may share the parking or travel lane where feasible. Lanes shall be delineated with markings, preferably striping. Raised reflectors or curbs shall not be used. (Ord. 52-09, 10-19-2009)
16-11-18: UTILITY LOCATION:
Utilities shall generally be located within the right-of-way on both sides of and parallel to the street, in accordance with the City standards. (Ord. 52-09, 10-19-2009)
16-11-19: STREET TREES:
Street trees shall be located within the right-of-way on both sides of and parallel to the street, in accordance with subsection 6-8-1B of this Code and the "City of Dubuque Street Tree and Landscaping On Public Right-of-Way Policy". (Ord. 52-09, 10-19-2009)
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