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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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16-13-4-5: PRESERVATION OF EXISTING TREES:
   A.   Existing trees, when located appropriately, may be used to comply with the requirements for buffer yards, street trees, and to meet the tree requirements for parking areas. Existing trees used to satisfy these requirements shall be in good health prior to and following site development.
   B.   The same minimum separation distances that are required of new plantings must be observed when possible; except, that existing groupings of two (2) or more trees may be preserved. Trees or branches must be removed from such groupings in the interest of public safety and/or to assure survival of the specimen.
   C.   The roots of a tree must be protected during site development with barrier fencing extending at least as far as the drip line of the tree. Any limbs that might be damaged during construction must be pruned.
   D.   No paving or construction shall be allowed within the drip line of a preserved tree.
   E.   Any preserved tree that dies shall be replaced by the same number of trees for which it substituted during the same or immediately following planting season.
   F.   The schedule below shows the acceptable substitution ratio for existing trees to required trees:
 
Diameter Of Existing Tree
Substitution Ratio
   36 inches or more
   3 required trees
   12 to 36 inches
   2 required trees
   2 to 12 inches
   1 required tree
 
The substitution value for groupings of trees approved by the city shall be based upon the diameter of the largest tree in the group.
(Ord. 52-09, 10-19-2009)
16-13-4-6: PARKING LOT LANDSCAPING:
   A.   A landscaped buffer strip shall be provided along the frontage of all surface parking areas at least ten feet (10') wide along the public right of way. The buffer strip shall consist of shade trees, low shrubs, perennial flowers, and/or other plant materials approved by the city planner. Landscaped earth berms and/or decorative walls and fences are permitted provided they are integrated with the landscape screening described above. The use of biofiltration methods of landscape and drainage design is encouraged.
   B.   A landscape buffer at least seven feet (7') wide shall be provided along the remaining sides of all surface parking lots. This area shall be planted with any combination of shade trees, coniferous trees, and/or shrubs.
   C.   Parking lot landscaping and trees shall be dispersed throughout the parking lot in accordance with subsection 16-13-3-5D of this chapter.
      1.   For single parking bays, landscaped islands shall provide at least one parking space of landscape area, measuring at least nine feet by eighteen feet (9' x 18'), and shall be planted with a combination of one tree, low shrubs, perennial flowers, turf, and/or ground cover/ornamental grasses but shall not be planted entirely with turf.
      2.   For double parking bays, both the end landscaped islands and the intermediate landscaped islands shall provide a double parking space of landscape area, measuring at least nine feet by thirty six feet (9' x 36'), and shall be planted with a combination of one shade tree or two (2) ornamental/dwarf trees, low shrubs, perennial flowers, turf, and/or ground cover/ornamental grasses measuring no more than three feet (3') in height, but shall not be planted entirely with turf.
   D.   No tree, shrub, hedge, or berm shall be placed or encroach into an area the city engineer determines is an obstruction to visibility, or extends into a visibility triangle affecting the public right of way.
(Ord. 52-09, 10-19-2009)
16-13-4-7: STREET TREES:
   A.   Street trees shall be planted within a landscaped parkway or in tree pits within the sidewalk area according to section 6-8-1 of this code and the "City Of Dubuque Street Tree And Landscaping On Public Right Of Way Policy".
   B.   Street trees planted within the sidewalk area shall be planted using best management practices. (Ord. 52-09, 10-19-2009)
16-13-4-8: SCREENING REQUIREMENTS:
   A.   All commercial and industrial uses that abut residential, office, or institutional districts, shall maintain screening not less than six feet (6') along the abutting property line or lines.
   B.   Screening required by this section 16-13-4 shall be equivalent to the following:
      1.   Fences with at least fifty percent (50%) opaque construction; or
      2.   Hedges, shrubs or evergreen trees of at least thirty percent (30%) opacity at the time of installation and fifty percent (50%) opacity maintained within three (3) years of installation; or
      3.   Berms or graded slopes of not less than three feet (3') of mean height. Such berms or graded slopes shall contain at least fifty percent (50%) living material. (Ord. 52-09, 10-19-2009)
16-13-4-9: EXTERIOR TRASH COLLECTION AREAS:
   A.   Exterior trash collection areas shall include collection bins, dumpsters, and similar waste receptacles for the short term storage and collection of trash. Trash shall include garbage, scrap, recyclables, debris and similar materials.
   B.   The storage of trash shall be limited to that produced by the principal permitted use and accessory uses of the lot. Exterior storage of trash, which could be blown into the air or strewn about by the wind, shall be prohibited.
   C.   The ground area coverage of the exterior trash collection areas shall be the area contained inside the required screening.
   D.   Exterior trash collection areas shall be located in rear or side yards only. Exterior trash collection areas shall not encroach into a front yard. The city planner may grant a waiver to this requirement when, due to topographic conditions or lack of a side or rear yard, conformance with this requirement is impractical.
   E.   All exterior trash collection areas and the materials contained therein shall be screened from view from the adjacent public right of way.
   F.   The screening shall be a completely opaque fence, wall or other feature of a height between six (6) and ten feet (10') measured from the ground level outside the line of the screen. Screens built on sloping grades shall be stepped so that their top line shall be horizontal. If a ten foot (10') high screen fails to shield the exterior trash collection area from view of the adjacent public right of way, evergreen plantings may be required in addition to the screening. Evergreen plant materials shall be selected and designed so that they will screen the area from the adjacent public right of way within five (5) years.
   G.   Exposed materials used to construct the opaque screen shall be similar in appearance to materials used for exterior building walls. All exterior entrances to a screened trash area shall be provided with a gate or door of similar design to that of the screen. (Ord. 52-09, 10-19-2009)
16-13-4-10: EXTERIOR STORAGE IN NONRESIDENTIAL DISTRICTS:
Screening for exterior storage is intended to buffer surrounding property from the negative visual impact created by the storage of raw or finished goods, materials and equipment that can adversely impact the value of adjacent property. Exterior storage areas shall conform to the following:
   A.   Exterior storage of materials which could be blown into the air or strewn about by the wind shall be prohibited.
   B.   Exterior storage, where allowed, shall be screened from view from the adjacent public right of way and abutting residential districts or uses to a minimum height of six feet (6').
   C.   The screening height shall be measured from the ground level outside the line of the screening. Screens built on sloping grades shall be stepped so that their top line shall be horizontal.
   D.   Exterior storage shall not encroach to a front yard.
   E.   All exterior entrances to a screened storage area shall be provided with a gate or door of similar design to that of the screen.
   F.   The city planner may grant a waiver to allow screening to exceed the maximum height allowed when topography or height of individual finished products or equipment could make it impossible to completely screen a storage area from every vantage point. The city planner may not grant waivers to the maximum screening height for raw materials or stacked goods.
   G.   Long term storage of products or materials in semitrailers or shipping containers is permitted only in accordance with title 14, chapter 8 of this code, as amended. (Ord. 52-09, 10-19-2009)
16-13-4-11: INSTALLATION, MAINTENANCE AND REPLACEMENT OF LANDSCAPING AND SCREENING:
   A.   Plantings shall be installed prior to the issuance of a certificate of occupancy unless seasonal conditions exist that may reduce the survivability of the plantings, in which case the plantings shall be installed within six (6) months of the issuance of a certificate of occupancy.
   B.   Plantings shall be properly maintained in a healthy manner. Plantings that become diseased or die shall be replaced with similar plant materials. Replacement plantings shall be installed during the same or immediately following planting season.
   C.   All required screening and fencing shall be maintained and, whenever necessary, replaced in accordance with the provisions of this chapter. (Ord. 52-09, 10-19-2009)
16-13-5: DESIGN STANDARDS FOR BIG BOX RETAIL USES:
As part of planned unit development review in accordance with section 16-5-24 of this title for any retail commercial uses or regional shopping centers which have over one hundred thousand (100,000) square feet of building area, the applicant shall submit building elevations for review by the city. Any structure existing at the time of adoption of this title which is expanded for retail commercial use to over one hundred thousand (100,000) square feet of building area and which expansion constitutes an increase of twenty five percent (25%) or more to the building area shall be subject to these design standards.
In addition to the site design standards set forth herein, big box retail uses shall comply with the following standards:
   A.   Definitions Of Facades: For purposes of this section, the facades of a building shall be defined as follows:
      FACADE: The portion of any exterior elevation on the building extending from grade to the top of the parapet, wall or eaves and extending the entire length of the building.
      FRONT FACADE: The front or principal face of a building, containing the main entrance; any building face, which can be touched by a line drawn perpendicular to street (public or private).
      REAR FACADE: The face of a building extending along the rear of the lot or site, containing employee and service entrances, loading docks, etc.
      SIDE FACADE: The face of a building extending from the front facade to the rear facade of the building.
   B.   Facade Design: The building facades shall be designed in a way that will reduce the massive scale and minimize a uniform and impersonal appearance of the building, and that will provide visual interest consistent with the community's identity, character, and scale.
      1.   Facades of one hundred feet (100') or longer shall be broken up with projections or recessions not less than five feet (5') in depth, and in sufficient number, to reduce the unbroken massing into lengths of forty feet (40') or less along all sides of the building. Projections from the facade can be used as an alternate approach.
      2.   The front facade shall include windows, arcades, awnings, projecting canopies, covered walkways, porticoes, or other acceptable features along at least sixty percent (60%) of the front facade length and over at least twenty five percent (25%) of the front facade area.
      3.   Except for entrances to the building, any part of the front facade higher than eleven feet (11') shall give the visual exterior appearance of having more than one floor for each additional eleven feet (11') in height, i.e., a twenty two foot (22') high building shall give the appearance of a two- story building.
      4.   Arcades and other weather protection features shall be of sufficient depth and height to provide a light filled and open space along the front facade. Architectural treatment, similar to that provided to the front facade, shall be provided to the side facades to mitigate any negative view from any location off site and any public area (e.g., parking lots, walkways, etc.) on site.
      5.   A landscape buffer of evergreens approved by the city council shall be required along the property line to screen service areas and rear facades from the adjacent property.
   C.   Detail Features: The building shall include architectural features that contribute to visual interest at the pedestrian scale and reduce the massive aesthetic effect by breaking up the building wall, front, and side, with color, texture change, wall offsets, reveals, or projecting ribs.
   D.   Roofs: The roof design shall provide variations in rooflines, add interest to, and reduce the massive scale of, large buildings. Roofs shall include two (2) or more roof planes. Parapet walls shall be architecturally treated to avoid a plain, monotonous look.
   E.   Maximum Parking:
      1.   The maximum number of off street parking spaces allowed shall be equal to one hundred twenty five percent (125%) of the required minimum number of spaces.
      2.   Parking spaces in excess of the maximum number permitted may be allowed, provided:
         a.   Each parking space provided in excess of the maximum number allowed shall be paved with a permeable paving material approved by the city; or
         b.   For each parking space provided in excess of the maximum number allowed, three hundred (300) square feet of additional on site green space shall be provided and maintained with landscaping; or
         c.   For each parking space provided in excess of the maximum number allowed, three hundred (300) square feet of green roof shall be provided and maintained. A "green roof" is herein defined as a roof of a building that is covered with vegetation and soil, or a growing medium, planted over a waterproofing membrane. It may also include additional layers such as a root barrier and drainage and irrigation systems. Unhealthy or dead vegetation shall be removed within seven (7) days and replaced with suitable new plant materials at the earliest practical time, but not longer than nine (9) months, based on the appropriate season.
   F.   Materials And Color: The building shall have exterior building materials and colors that are aesthetically pleasing and compatible with materials and colors that are used in adjoining neighborhoods. This includes the use of high quality materials and colors that are low reflective, subtle, neutral, or earth tone. Certain types of colors shall be avoided such as fluorescent or metallic although brighter colors in limited quantities may be used on building trim and as accents at the discretion of the city council. Construction materials such as tilt-up concrete, smooth faced concrete block, prefabricated steel panels, and other similar materials shall be avoided unless the exterior surface incorporates an acceptable architectural treatment. Not less than seventy five percent (75%) of the front of the building and fifty percent (50%) of the sides of the building shall be brick or stone.
   G.   Entryways: The building design shall provide design elements which clearly indicate to customers where the entrances are located and which add aesthetically pleasing character to buildings by providing highly visible customer entrances.
   H.   Amenities: The building site shall include at least one public gathering space, such as a patio seating area, pedestrian plaza with benches, outdoor play area, and not less than two (2) public space amenities, such as kiosks, a water feature, a clock tower, or a landscaped site for public artwork. Pedestrian public space shall be shaded, landscaped, and screened. The size of the public gathering space shall not be less than one percent (1%) of the gross enclosed building area.
   I.   Conflict; Stricter Standards Apply: Any conflict between these standards and the PUD ordinance shall be resolved in favor of the stricter standard.
   J.   Alternative Or Substitute Features: In determining whether the plan complies with the above standards, the city council may accept alternative or substitute features which have a comparable aesthetic and visual effect in light of the location and topography of a particular site. (Ord. 52-09, 10-19-2009)
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