This title shall be known and may be cited and referred to as the UNIFIED DEVELOPMENT CODE of the city of Dubuque, Iowa, herein referred to as this title. (Ord. 52-09, 10-19-2009)

   A.   This title as herein established has been made for the purpose of promoting the health, safety, sustainability and general welfare of the community, and for the protection and preservation of places and areas of historical and cultural importance and significance.

   B.   This title has been designed to lessen congestion in the streets; to secure safety from fire and other hazards; to provide adequate light and air; to prevent the overcrowding of land; to avoid undue concentration of population; to facilitate the adequate provision of transportation, water, sewage, schools, and parks; and to encourage sustainable design and development.

   C.   This title has been made with reasonable consideration of the character of the district and its suitability for the particular uses, and with a view of conserving the value of buildings, encouraging the most appropriate use of land throughout the community. (Ord. 52-09, 10-19-2009)

In their interpretation and application, the provisions of this title shall be held to be the minimum requirements for the promotion of the public health, safety, morals, convenience, comfort, prosperity, sustainability and general welfare. (Ord. 52-09, 10-19-2009)

The use of buildings and land within the city shall be subject to all applicable provisions of this code and other ordinances, as well as this title, whether or not those other provisions of this code are specifically cross referenced in this title. Cross reference to other provisions of this code found in this title are provided for the convenience of the reader; lack of a cross reference should not be construed as an indication that other provisions of this code do not apply. (Ord. 52-09, 10-19-2009)

It is the intention of this title to implement the goals, principles, and objectives reflected in the comprehensive plan as adopted by the city. While the city reaffirms its commitment that the provisions of this title and any amendment made to this title shall conform to adopted planning policies, the city acknowledges its intent that neither this title nor any amendment of this title may be challenged merely on the basis of an alleged nonconformity with the comprehensive plan. (Ord. 52-09, 10-19-2009)

   A.   All violations of prior zoning or other regulations of the city, existing on the effective date hereof, shall continue to be violations and shall not be considered to be legal nonconforming situations under this title. The city shall have the same authority to secure civil remedies for violations of those regulations to the same extent that it may secure civil remedies for violations of this title.

   B.   All permits, applications, certificates and other authorizations submitted or approved prior to the effective date hereof shall be governed by the regulations in effect at the time of the submission or approval. (Ord. 52-09, 10-19-2009)

The provisions of this title shall be administered and enforced by the city planner. (Ord. 52-09, 10-19-2009)

No building or other structure shall be erected, moved, added to, or structurally altered without a building permit therefor, issued by the building official. However, no such building permit shall be issued by the building official except in conformity with the provisions of this title, unless the building official receives a written order from the zoning board of adjustment in the form of an administrative review, conditional use permit, special exception or variance. (Ord. 52-09, 10-19-2009)

The city planner shall be responsible for the enforcement and administration of this title. The city planner may be provided with the assistance of such other persons as the city manager may direct. (Ord. 52-09, 10-19-2009)

The city planner shall have the following duties and responsibilities:

   A.   To enforce the provisions of this title by investigating information concerning violations thereof, and taking such actions or issuing such orders or directives as are deemed appropriate to ensure compliance with this title.

   B.   To keep accurate and complete records of all investigations, enforcement proceedings, site plans, PUD preliminary or final development plans, zoning correspondence and such other records as the city planner may be required to keep under the provisions of this title.

   C.   To faithfully and promptly execute all other duties or responsibilities delegated to the city planner under this title. (Ord. 52-09, 10-19-2009)

In making any judgment, interpretation, or decision authorized by this title, the city planner shall consider and be guided by the particular provisions of this title and relevant statements of intent contained herein; provided, however, that nothing herein shall be deemed to authorize the city planner in the performance of the city planner's duties to permit any exception to, or variance from the provisions or requirements of this title, or to otherwise impinge upon the powers vested in the zoning board of adjustment. (Ord. 52-09, 10-19-2009)

Whenever a violation of this title occurs or is alleged to have occurred, any person may file a complaint of such alleged violation with the city planner stating fully the facts or grounds upon which the complaint is based. The city planner shall promptly record and investigate such complaint and take appropriate action as provided by this title. (Ord. 52-09, 10-19-2009)

Whenever the city planner finds that any of the provisions of this title are being violated, the city planner shall promptly notify in writing both the person(s) responsible for such violations and the city manager, indicating in such notice the nature of the violation and the actions ordered to correct it. The city planner shall in all cases take such actions or issue such orders or directives as are authorized by this title to ensure compliance with or to prevent violations of its provisions. (Ord. 52-09, 10-19-2009)

In addition to all other powers conferred upon the city planner by this title, the city planner shall have the power to issue appropriate written orders or directives to any person deemed to be responsible for a violation of this title, as provided in section 16-1-9-1 of this chapter. A failure to promptly comply with such lawful orders or directives shall be deemed a violation of this title, punishable as provided herein. Such orders or directives shall include, but shall not be limited to: orders to discontinue illegal use of land, buildings, or structures; orders to remove illegal buildings or structures, or illegal additions, alterations or structural changes to buildings or structures; orders to discontinue illegal work or construction or any other appropriate orders to prevent or correct violations of this title. (Ord. 52-09, 10-19-2009)

Upon the effective date and publication of this title, all existing ordinances in conflict herewith and all amendments thereto shall be, and the same hereby are repealed. However, in the event that this title shall fail to become effective for any reason whatsoever, all existing ordinances and all amendments thereto shall remain in full force and effect. (Ord. 52-09, 10-19-2009)

Nothing contained in this title shall be deemed to be a consent, license or permit to use any property or to locate, construct or maintain any building, structure or facility or to carry on any trade, industry, occupation or activity. (Ord. 52-09, 10-19-2009)

This title is not intended to abrogate, annul or otherwise interfere with any easement, covenant or any other private agreement or legal relationship; provided, however, that where the regulations of this title are more restrictive or impose higher standards or requirements than such easement, covenant or other private agreement of legal relationship, the regulations of this title shall govern. (Ord. 52-09, 10-19-2009)

Where the conditions imposed by any provision of this title upon the use of land, buildings, or structures are either more restrictive or less restrictive than comparable conditions imposed by any other provision of this title or of any other law, ordinance, resolution, rule or regulations of any kind, the regulations which are more restrictive shall govern. (Ord. 52-09, 10-19-2009)

Any references herein to sections of this code are to those sections in force on the effective date hereof and shall be deemed to refer to the successor section, if any, in the event the section referenced is renumbered. (Ord. 52-09, 10-19-2009)

The provisions of this title are cumulative and additional limitations upon all other laws and ordinances, heretofore passed or which may be passed hereafter, governing any subject matter in this title. (Ord. 52-09, 10-19-2009)

It is hereby declared to be the intention of the city council that the provisions of this title are separable, in accordance with the following:

   A.   If any court of competent jurisdiction shall adjudge any provision of this title to be invalid, such judgment shall not affect any other provisions of this title.

   B.   If any court of competent jurisdiction shall adjudge invalid the application of any provision of this title to a particular parcel of land, a building or other structure, such judgment shall not affect the application of said provisions to any other parcel of land, building or structure. (Ord. 52-09, 10-19-2009)

This title shall be in force and effect on the day of its final passage, adoption and publication as provided by law. (Ord. 52-09, 10-19-2009)