Dubuque City Zoning Code

The provisions of this title are the minimum requirements for promoting the health, safety, sustainability, and general welfare of the community. (Ord. 52-09, 10-19-2009)

No building shall be built upon a lot without the required minimum frontage along an improved private or public street built to minimum city street standards. No building shall be built upon a lot without a city approved driveway access to a public or private street or alley. (Ord. 52-09, 10-19-2009)

   A.   No building, structure, or part thereof, shall hereafter be built, moved or altered, and no building, structure or land shall hereafter be used or occupied upon a lot which is smaller in area than the minimum lot area or minimum lot area per dwelling unit; narrower than the minimum lot width; or shallower than the minimum lot depth required in the zoning district in which the building, structure or land is located.

   B.   No existing building or structure shall hereafter be built or altered so as to conflict or further conflict with this title.

   C.   This title expresses bulk regulations in terms of maximum building or structure height, maximum lot coverage, and minimum front, side and rear yards. Unless permitted elsewhere in this title, no building, structure or part thereof, shall hereafter be built, moved or remodeled, and no building, structure or land shall hereafter be used, occupied or designed for use or occupancy so as to exceed the maximum building or structure height, or maximum lot coverage specified for the zoning district in which the building or structure is located.

   D.   Within residential districts, only one principal permitted use or structure shall be located on a single zoning lot. In other districts, any number of structures or uses permitted by this title may be built, moved, altered, used or occupied, provided that the individual district regulations can be met. (Ord. 52-09, 10-19-2009)

No lot existing on the effective date hereof shall be reduced in dimension or area below the minimum requirements set forth herein. (Ord. 52-09, 10-19-2009)

   A.   On any corner lot, a visibility triangle shall be provided in which nothing shall be erected, placed, planted or allowed to grow as to materially impede vision from within motor vehicles, between a height of two feet (2') and eight feet (8') above the average grades of the intersecting property lines, in the area bounded by said lines, and a line joining the points of such property lines at a distance of ten feet (10') from the intersection.

   B.   On any lot, except for those with single-family detached dwellings, duplexes or townhouses of not more than two (2) units, a visibility triangle shall be provided in which nothing shall be erected, planted or allowed to grow so as to materially impede vision from within motor vehicles, between a height of two feet (2') and eight feet (8') above the average grades of the intersecting property line and driveway edge, in an area bounded by said lines and a line joining the points of said property line and driveway edge at a distance of ten feet (10') from the intersection. (Ord. 52-09, 10-19-2009)

   A.   All yards required by this title shall be provided and remain as open, unobstructed space.

   B.   No part of a yard or open space required by this title for any structure shall be included as part of a yard or open space for any other structure, unless otherwise allowed by this title.

   C.   The following may be located within an otherwise required yard, provided they are used in conjunction with a use permitted in the underlying zoning district:

      1.   All Required Yards: Awnings, shutters, canopies; arbors and trellises; swimming or wading pools less than eighteen inches (18") deep; play equipment; chimneys projecting not more than twenty four inches (24") into the required yard; flagpoles; steps necessary for access to a building or lot; fences and walls as provided in section 16-3-21 of this chapter; hedges and other vegetation, and accessibility ramps and landings, except that landings which exceed five feet (5') in any horizontal dimension shall meet setback requirements. Poles, posts, and other customary yard accessories, ornaments, and furniture may be located in any yard subject to requirements limiting obstruction of visibility and height limitations.

      2.   Required Front Yards: Bay windows, oriels, or balconies projecting not more than five feet (5') into the required front yard; overhanging eaves and gutters projecting into the required front yard not more than one-third (1/3 ) the distance to the front property line from an exterior wall; off street parking.

      3.   Required Rear Yards: Accessory uses, buildings or structures as permitted by sections 16-3-7 and 16-3-8 of this chapter; open and unroofed off street parking spaces, patios and terraces; bay windows projecting not more than five feet (5') into the required rear yard; overhanging eaves and gutters projecting into the required rear yard not more than one-third (1/3) the distance to the rear property line from an exterior wall.

      4.   Required Side Yards: Accessory uses, buildings or structures as permitted by sections 16-3-7 and 16-3-8 of this chapter; overhanging eaves and gutters projecting into the required side yard not more than one-third (1/3) the distance to the side property line from an exterior wall; open off street parking, except as provided for in chapter 14 of this title.

      5.   Continuing Maintenance Required: The maintenance of any yard, open space, minimum lot area, or off street parking spaces required by this title shall be a continuing obligation of the owner of the property to which such requirements apply. No yard, open space, lot area, or off street parking area required by this title for any building, structure or use shall, by virtue of change of ownership or any other reason be used to satisfy any yard, open space, lot area, or off street parking area required for any other building, structure, or use, except as may be otherwise specifically provided herein. In addition, no yard or lot existing at the effective date hereof shall be reduced in dimension or area below the minimum requirements set forth herein for the district in which such yard or lot is located. (Ord. 52-09, 10-19-2009)

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)

   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)

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)

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)

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)

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)

   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)

Any application for action taken under this title shall be submitted along with the required fee, as established by resolution of the city council. All required fees shall be submitted to the city planner for deposit with the city treasurer. No fee is required for applications filed in the public interest by members of the city council, zoning advisory commission, zoning board of adjustment, city manager, or other city department. (Ord. 52-09, 10-19-2009)

Uses not listed within this title shall be prohibited, except that uses similar in nature and intensity to those specifically listed may be allowed, provided the city planner determines that such use presents a character and compatibility consistent with other uses in the same zoning district, and is consistent with the spirit and intent of this title. (Ord. 52-09, 10-19-2009)

The following structures or uses are exempt from the regulations of this title and shall be permitted in any district:

   A.   Poles, wires, cables, conduits, vaults, laterals, pipes, mains, valves, or any other similar equipment for transmission or distribution to customers of telephone or other communication services, electricity, gas, steam or water, or the collection of sewage or surface water, operated or maintained by a public utility.

   B.   Individually owned residential antennas not including satellite receiving dishes over four feet (4') in diameter.

   C.   Railroad tracks, signals, bridges and similar facilities and equipment located on a railroad right of way.

   D.   Communication towers used to transmit and/or receive television, radio, cellular, or other communication signals shall not be exempt from this title. (Ord. 52-09, 10-19-2009)

No structure shall hereafter be built or moved and no structure or land shall hereafter be used, occupied, or designed for use or occupancy unless the minimum off street parking required by the provisions of chapter 14 of this title are provided. No structure or use already established on the effective date hereof shall be enlarged, expanded or increased in area or intensity of use unless the minimum off street parking spaces which would be required by the provisions of this title for such enlargement, expansion or increase in area or intensity of use are provided. (Ord. 52-09, 10-19-2009)

All buildings, structures, signs, or uses owned or operated by the city shall be exempt from the regulations of this title and shall be permitted in any district, provided a site plan is submitted and approved in accordance with the provisions of chapter 12 of this title. (Ord. 52-09, 10-19-2009)

The required front yard setback may be adjusted by the city planner as follows:

   A.   Interior Lots: Where dwellings exist on both abutting lots and both have setback less than required by the underlying zoning district, the setback for the interior lot need not exceed the average of the setbacks of the two (2) abutting dwellings. Where dwellings exist on both abutting lots and only one has a setback less than required by the underlying zoning district, the setback for the interior lot need not exceed the average of the required setback and the smaller setback.

   B.   Corner Lots: Where a dwelling exists on an abutting lot and has a setback less than required by the underlying zoning district, the setback for the corner lot need not exceed the setback of the abutting lot on the same street frontage, provided the required visibility triangle is maintained.

   C.   Building Extending Beyond Front Property Line: In no event shall any structure extend beyond the front property line of a lot.

(Ord. 52-09, 10-19-2009)

   A.   The purpose of the limited setback waiver for one- and two-family residential structures that meet the following criteria established by the city council is to encourage reinvestment and infill housing, and to maintain property values in the city's residential neighborhoods. The city planner shall issue a waiver only for such setback adjustments that meet the following criteria. No public hearing or zoning board of adjustment review shall be required if the following criteria can be met. If these criteria are not met, then the applicant still has the opportunity to apply for a special exception from the zoning board of adjustment, in which case the criteria for the special exception, not the limited setback waiver, would apply.

   B.   The limited setback waiver requested is 33.3 percent or less of the required setback(s).

   C.   That all abutting property owner(s), including property owners directly across the street, agree(s) to the setback waiver(s) on a notarized letter stating they have no objection to the request.

   D.   The setback waiver requested for an additional or an accessory structure is the same or greater than the setback(s) of the existing structure.

   E.   The setback waiver request for reconstruction of an addition or an accessory structure is the same or greater than the setback(s) of a previously existing structure that has been removed. (Ord. 52-09, 10-19-2009)

Within any zoning district, temporary uses shall be allowed only as listed as a temporary use within the zoning district in which the proposed temporary use is located, provided that:

   A.   A site plan, indicating the proposed use, its duration, off street parking, and traffic circulation be submitted with the appropriate filing fee as established by resolution of the city council and approved by signature of the city planner except as otherwise provided for in the district regulations. For allowed temporary uses, the city planner may waive site development standards for the duration of the temporary use; and

   B.   The use is of a limited and temporary duration, and in no case, shall exceed six (6) months per calendar year unless the city planner grants an extension upon showing of good cause. The city planner may grant a maximum of two (2) 90-day extensions; and

   C.   The use will serve a public need or contribute to the public convenience and welfare; and

   D.   The use bears some functional or other beneficial relationship to a permitted use within the district; and

   E.   The use will not be likely to interfere with the appropriate use and enjoyment of nearby properties that may be affected by its operation. (Ord. 52-09, 10-19-2009)

   A.   Within any lot subject to a valid building permit, temporary construction buildings, storage trailers, materials, and/or equipment, including a temporary batch plant, necessary for construction authorized by a valid building permit, shall be permitted, provided the location of the building, trailer, materials, equipment, and batch plant has been approved by the building official.

   B.   Within any platted subdivision, the following uses shall be permitted:

      1.   A subdivision sales office under the following conditions:

         a.   The purpose of the subdivision sales office shall be to promote the sales of lots or homes in the subdivision.

         b.   Any office or similar premises used in connection with the subdivision sales office shall be located within a subdivision display home and no exterior reconstruction or any permanent alteration of the display home shall be permitted in establishing the subdivision sales office.

         c.   There shall be no sign on the premises other than those permitted by this title.

         d.   The subdivision sales office may continue for a period of one year from the issuance of the first building permit to a builder, contractor, or subdivider within the subdivision. A renewal permit may be issued by the building official to allow continuation of the subdivision sales office after an evaluation of the location of the subdivision sales office, the type of development in the immediate area, and the effect of the sales office on the adjacent area.

      2.   Subdivision display homes which do not contain any subdivision sales offices or continuing sales activities or continuing displays, shall be exempt from this section. (Ord. 52-09, 10-19-2009)

On any residential lot, fences may be erected to a height of seven feet (7') in all yards except that fences erected in required front yards shall not exceed four feet (4') in height provided, that ten feet (10') of clear visibility shall be maintained on corner lots in accordance with section 16-3-5 of this chapter. Fences surrounding pools shall also comply with all applicable standards required by the building code. (Ord. 52-09, 10-19-2009)

Fences surrounding schoolyards or located in nonresidential zoning districts shall be exempt from the provisions of section 16-3-21-1 of this chapter; provided, that visibility at intersections is not hindered in accordance with section 16-3-5 of this chapter. (Ord. 52-09, 10-19-2009)

Barbed wire and electric fences shall not be permitted below eight feet (8') in height, except when used in the AG agriculture district for purposes of containing livestock. (Ord. 52-09, 10-19-2009)