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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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16-13-4-10: 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)
16-13-6: DESIGN STANDARDS FOR RETAIL COMMERCIAL USES AND REGIONAL SHOPPING CENTERS:
In addition to the site design standards set forth herein, the following standards shall apply to retail commercial uses over sixty thousand (60,000) square feet of building area and to regional shopping centers:
   A.   Sales And Display Areas: No area outside of the building other than the front facade may be used for the sales or display of merchandise unless a temporary use permit has been obtained from the city.
   B.   Sidewalks, Walkways, Entrances And Gathering Areas: Sidewalks adjacent to the front facade shall be not less than ten feet (10') wide and shall connect by sidewalks not less than five feet (5') wide to public sidewalks and adjoining retail buildings. Sidewalks shall be concrete or other approved hard surface; asphalt shall be prohibited. Walkways, entrances, and gathering areas shall have shade features other than landscaping, such as trellis structures, projecting canopies, covered arcades and porticoes.
   C.   Transit Facilities: The building site shall include a bus and paratransit stop/transfer point at a location adjacent to the building approved by the city manager. A shelter that is consistent in design and construction with the building shall be installed at the property owner's expense at the sole discretion of the city manager. It shall be within the sole discretion of the city manager whether it is used as a bus and paratransit stop and/or transfer point and at what time it shall be used. An easement or other arrangement acceptable to the city shall be granted for location, maintenance, and unrestricted use of said transit facilities by the city transit system. These facilities may be installed at any point in time at the sole discretion of the city manager.
   D.   Bicycle Paths And Parking: The building site shall include bicycle paths connected to the city's planned and existing bike trail system. Flexibility in the timing of construction of said bicycle paths may be allowed at the sole discretion of the city manager. Unless the paths are exclusively for bicycle use, they shall be appropriately marked with painted lanes. The building site shall include sheltered bicycle areas with rack(s) for securing bicycles located near the entrance to the building.
   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. (Ord. 52-09, 10-19-2009)
16-13-7: DESIGN STANDARDS FOR BIOFUELS PRODUCTION FACILITIES:
Prior to the commencement of construction of any biofuels (including, but not limited to, ethanol and biodiesel) production facility, the applicant shall submit plans for construction for review by the city council. The applicant shall not commence any such construction unless the city council determines that the plan complies with the following standards intended to protect the health, safety, and general welfare of the residents of Dubuque:
   A.   A traffic impact analysis shall be provided by the applicant.
   B.   Access to the facility shall be paved.
   C.   The applicant shall provide documentation sufficient to demonstrate that the paving of public right of way between the facility and designated truck route(s) is sufficient to carry, without damage to the roadway, the weight, size and frequency of the loads of grain and liquid and any byproduct entering or leaving the facility by truck.
   D.   If the public right of way is not capable of carrying the weight, size and frequency of said loads, then the applicant may be required to make upgrades to the paving in order for the pavement to handle the weight, size and frequency of said loads.
   E.   The applicant shall acquire sufficient right of way and construct all turning lanes and traffic signals necessary to handle the increase in truck traffic.
   F.   The applicant shall attest in writing that the facility shall be operated and maintained in compliance with all applicable federal and state environmental standards and regulations.
   G.   The applicant shall provide a dimensioned map that indicates the dispersal of steam, smoke, or other discharge from the facility based on the prevailing winds, and describe what air pollution control equipment will be provided. Biomass and natural gas fired facilities are preferred to coal fired facilities.
   H.   The applicant shall provide a dimensioned site lighting plan indicating proposed illumination patterns and light levels on the facility site and in the environs surrounding the site. Illumination of parking and other on site facilities shall be controlled by cutoff style luminaries that reduce off site spillover of light. Illumination at the property line shall not exceed approximately one foot-candle.
   I.   All fuel storage tanks shall be located in a manner that will not allow for contamination of any groundwater or surface water.
   J.   All fuel storage tanks shall be within an impermeable containment levee system, in a manner compliant with all federal, state, and local rules and regulations. (Ord. 52-09, 10-19-2009)