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Dubuque City Zoning Code

CHAPTER 5

ZONING DISTRICTS

16-5-1-1: APPLICATION OF ZONING DISTRICT REGULATIONS:

In order to regulate and restrict the height, number of stories, and size of buildings and other structures; the percentage of lot that may be occupied; the size of the yards, courts, and other open spaces; the density of population; and the location and use of buildings, structures, and land for trade, industry, residence, or other purposes, the city and the area within its extraterritorial jurisdiction is hereby divided into zoning districts. (Ord. 52-09, 10-19-2009)

16-5-1-2: ZONING DISTRICT BOUNDARIES:

Where uncertainty exists with respect to the boundaries of the various districts shown on the official zoning map, the following rules apply:
   A.   The district boundaries are the centerlines of either streets or alleys unless otherwise shown, and where the districts designated on the official zoning map are bounded approximately by street or alley centerlines, the street or alley centerline shall be construed to be the boundary of the district.
   B.   Where the property has been or may hereafter be divided into blocks and platted lots, the district boundaries shall be construed to coincide with the nearest platted lot lines; and where the districts designated on the official zoning map are bounded approximately by platted lot lines, the platted lot line shall be construed to be the boundary of the district.
   C.   In unsubdivided property, the district boundary lines on the official zoning map shall be determined by use of the scale appearing on the map. (Ord. 52-09, 10-19-2009)

16-5-1-3: OFFICIAL ZONING MAP:

   A.   The city is hereby divided into districts as shown on the official zoning map, which together with all explanatory matter thereon, is hereby adopted by reference and declared to be a part of this title. The official zoning map shall be identified by the signature of the mayor, attested by the city clerk together with the date of adoption of this title. The official zoning map shall be located in the planning services department.
   B.   No changes of any nature shall be made on the official zoning map except in conformity with the procedure set forth in this title. (Ord. 52-09, 10-19-2009)

16-5-1-4: ZONING DISTRICTS ESTABLISHED:

In order to carry out the purposes of this title, the following districts are hereby established:
Residential districts:
Residential districts:
 
R-2
Two-family residential
 
R-2A
Alternate two-family residential
 
R-3
Moderate density multi-family residential
 
R-4
Multi-family residential
Office districts:
 
OR
Office residential
 
OS
Office service
 
OC
Office commercial
Commercial districts:
 
C-1
Neighborhood commercial
 
C-2
Neighborhood shopping center
 
C-2A
Mixed use neighborhood
 
C-3
General commercial
 
C-4
Downtown commercial
 
C-5
Central business
 
CS
Commercial service and wholesale
 
CR
Commercial recreation
Industrial districts:
 
LI
Light industrial
 
HI
Heavy industrial
 
MHI
Modified heavy industrial
Special purpose districts:
 
AG
Agriculture
 
ID
Institutional
 
POS
Public open space
 
PUD
Planned unit development
Overlay districts:
 
RROD
Rural residential
 
RHOD
Restricted height
 
SOD
Freeway 61/151 corridor signage
 
 
Flood hazard
 
OTN
Old town neighborhood
 
(Ord. 52-09, 10-19-2009)

16-5-1-5: ANNEXATION ZONING POLICY:

All unincorporated territory which may come within the jurisdiction of the city limits by virtue of annexation to the city shall be placed and continued in the AG agriculture district, unless prior to annexation, such land is classified, effective upon annexation, as another zoning district. If voluntary annexation of the territory is requested, but the territory is not classified as requested by the applicant, the applicant may withdraw the voluntary annexation request. If not so classified, the territory shall be classified AG agriculture district, and shall remain in that classification pending request for reclassification in accordance with the provisions of section 16-9-5 of this title. (Ord. 52-09, 10-19-2009)

16-5-1-6: CONFORMANCE TO CODE REQUIRED:

   A.   No building, structure, or land shall hereafter be used or occupied, and no building, structure, or part hereof, shall hereafter be erected, constructed, reconstructed, moved, or structurally altered except in conformity with all of the regulations herein specified for the district in which it is located. Regulations within each district shall be applied uniformly to each class or kind of structure or land.
   B.   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:
      1.   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; or
      2.   So as to provide any front, side, or rear yard or other open space that is less than the minimum specified for the zoning district in which such building, structure or use of land is located or maintained; or
      3.   So as to exceed the maximum number of units specified for the zoning district in which such building is located. (Ord. 52-09, 10-19-2009)

16-5-2: R-1 SINGLE-FAMILY RESIDENTIAL:

The R-1 district is the most restrictive residential district and is intended to protect low density residential areas from the encroachment of incompatible uses. The principal use of land in this district is for low density single-family dwellings and related recreational, religious and educational facilities. (Ord. 52-09, 10-19-2009)

16-5-2-1: PRINCIPAL PERMITTED USES:

The following uses are permitted in the R-1 district:
   Cemetery, mausoleum, or columbarium.
   Community gardens.
   Golf course.
   Maternity group home.
   Parks, public or private, and similar natural recreation areas.
   Place of religious exercise or assembly.
   Public, private or parochial school approved by the state of Iowa (K - 12).
   Railroad or public or quasi-public utility, including substation.
   Single-family detached dwelling. (Ord. 52-09, 10-19-2009; amd. Ord. 17-13, 3-18-2013; Ord. 19-20, 5-18-2020; Ord. 49-23, 11-20-2023)

16-5-2-2: CONDITIONAL USES:

The following conditional uses may be permitted in the R-1 district, subject to the provisions of section 16-8-5 of this title:
   Accessory dwelling unit.
   Bed and breakfast home.
   Keeping of horses or ponies.
   Licensed adult day services.
   Licensed childcare center.
   Mortuary, funeral home, or crematorium.
   Off street parking.
   Tour home.
   Tourist home.
   Wind energy conversion system. (Ord. 52-09, 10-19-2009; amd. Ord. 66-14, 11-17-2014)

16-5-2-3: ACCESSORY USES:

The following uses are permitted as accessory uses as provided in section 16-3-7 of this title:
   Detached garage.
   Fence.
   Garage sale, provided that not more than three (3) such sales shall be allowed per premises per calendar year and not more than three (3) consecutive days per sale.
   Home based business.
   Keeping of hens for egg production.
   Noncommercial garden, greenhouse or nursery.
   Off street parking and storage of vehicles.
   Satellite receiving dish.
   Solar collector (freestanding arrays are limited to not more than 100 aggregate square feet and 10 feet in height).
   Sport, recreation, or outdoor cooking equipment.
   Storage building.
   Tennis court, swimming pool or similar permanent facility.
   Wind turbine (building mounted). (Ord. 52-09, 10-19-2009; amd. Ord. 47-14, 7-21-2014; Ord. 54-15, 8-17-2015)

16-5-2-4: TEMPORARY USES:

Temporary uses shall be regulated in conformance with the provisions of section 16-3-19 of this title. (Ord. 52-09, 10-19-2009)

16-5-2-5: PARKING:

Minimum parking requirements shall be regulated in conformance with the provisions of chapter 14 of this title. (Ord. 52-09, 10-19-2009)

16-5-2-6: SIGNS:

Signs shall be regulated in conformance with the provisions of chapter 15 of this title. (Ord. 52-09, 10-19-2009)

16-5-2-7: BULK REGULATIONS:

R-1 Residential
Minimum
Lot Area
Minimum
Lot
Frontage
Maximum Lot
Coverage
(Lot Area)
Setbacks
Maximum
Height
Front
Minimum
Side
Minimum
Rear
Minimum2
Maximum
R-1 Residential
Minimum
Lot Area
Minimum
Lot
Frontage
Maximum Lot
Coverage
(Lot Area)
Setbacks
Maximum
Height
Front
Minimum
Side
Minimum
Rear
Minimum2
Maximum
Permitted uses:
 
 
 
 
 
 
 
 
Place of religious exercise or assembly, school
20,000 sq. ft.
100 ft.
40%
20 ft.
-
20 ft.
20 ft.
75 ft.1
Single-family detached dwelling
5,000 sq. ft.
50 ft.
40%
20 ft.
50 ft.
6 ft.
20 ft.
30 ft.
Conditional uses:
 
 
 
 
 
 
 
 
Bed and breakfast home
5,000 sq. ft.
50 ft.
40%
20 ft.
50 ft.
6 ft.
20 ft.
30 ft.
Licensed adult day services, licensed childcare center
5,000 sq. ft.
50 ft.
40%
20 ft.
-
6 ft.
20 ft.
30 ft.
Mortuary, funeral home or crematorium
20,000 sq. ft.
100 ft.
40%
20 ft.
-
20 ft.
20 ft.
30 ft.
 
Notes:
   1.    May be erected to a height not exceeding 75 feet; provided, that such buildings shall provide at least 1 additional foot of yard space on all sides for each additional foot by which such building exceeds the maximum height limit of the district in which it is located.
   2.    See section 16-3-17 of this title for adjustment of minimum front yard setbacks.
(Ord. 52-09, 10-19-2009)

16-5-3: R-2 TWO-FAMILY RESIDENTIAL:

The R-2 district is intended to provide residential areas characterized by single-family and two-family dwellings. Increased densities and the introduction of two-family housing types are intended to provide greater housing options while maintaining the basic qualities of a low density residential neighborhood. The principal use of land in this district is for low density single- and two-family dwellings and related recreational, religious and educational facilities. (Ord. 52-09, 10-19-2009)

16-5-3-1: PRINCIPAL PERMITTED USES:

The following uses are permitted in the R-2 district:
   Cemetery, mausoleum, or columbarium.
   Community gardens.
   Golf course.
   Maternity group home.
   Parks, public or private, and similar natural recreation areas.
   Place of religious exercise or assembly.
   Public, private, or parochial school, approved by the state of Iowa (K - 12).
   Railroad or public or quasi-public utility, including substation.
   Single-family detached dwelling.
   Townhouse (maximum 2 dwelling units).
   Two-family dwelling (duplex). (Ord. 52-09, 10-19-2009; amd. Ord. 17-13, 3-18-2013; Ord. 19-20, 5-18-2020; Ord. 49-23, 11-20-2023)

16-5-3-2: CONDITIONAL USES:

The following conditional uses may be permitted in the R-2 district, subject to the provisions of section 16-8-5 of this title:
   Accessory dwelling unit.
   Bed and breakfast home.
   Hospice.
   Licensed adult day services.
   Licensed childcare center.
   Mortuary, funeral home, or crematorium.
   Off street parking.
   Tour home.
   Tourist home.
   Wind energy conversion system. (Ord. 52-09, 10-19-2009; amd. Ord. 66-14, 11-17-2014; Ord. 20-22, 5-20-2022)

16-5-3-3: ACCESSORY USES:

The following uses are permitted as accessory uses as provided in section 16-3-7 of this title:
   Detached garage.
   Fence.
   Garage sale, provided that not more than three (3) such sales shall be allowed per premises per calendar year and not more than three (3) consecutive days per sale.
   Home based business.
   Keeping of hens for egg production.
   Noncommercial garden, greenhouse or nursery.
   Off street parking and storage of vehicles.
   Satellite receiving dish.
   Solar collector (freestanding arrays are limited to not more than 100 aggregate square feet and 10 feet in height).
   Sport, recreation, or outdoor cooking equipment.
   Storage building.
   Tennis court, swimming pool or similar permanent facility.
   Wind turbine (building mounted). (Ord. 52-09, 10-19-2009; amd. Ord. 47-14, 7-21-2014; Ord. 54-15, 8-17-2015)

16-5-3-4: TEMPORARY USES:

Temporary uses shall be regulated in conformance with the provisions of section 16-3-19 of this title. (Ord. 52-09, 10-19-2009)

16-5-3-5: PARKING:

Minimum parking requirements shall be regulated in conformance with the provisions of chapter 14 of this title, except for properties located within the Jackson Park and Cathedral Historic Districts where off-street parking is not required. (Ord. 52-09, 10-19-2009; amd. Ord. 9-24, 4-15-2024)

16-5-3-6: SIGNS:

Signs shall be regulated in conformance with the provisions of chapter 15 of this title. (Ord. 52-09, 10-19-2009)

16-5-3-7: BULK REGULATIONS:

R-2 Residential
Minimum Lot Area
Minimum Lot Frontage
Maximum Lot Coverage (Lot Area)
Setbacks
Maximum Height
Front
Minimum Side
Minimum Rear
Minimum2
Maximum
R-2 Residential
Minimum Lot Area
Minimum Lot Frontage
Maximum Lot Coverage (Lot Area)
Setbacks
Maximum Height
Front
Minimum Side
Minimum Rear
Minimum2
Maximum
Permitted uses:
 
 
 
 
 
 
 
 
Place of religious exercise or assembly, school
20,000 sq. ft.
100 ft.
40%
20 ft.
-
20 ft.
20 ft.
75 ft.1
Single-family detached dwelling
5,000 sq. ft.
50 ft.
40%
20 ft.
50 ft.
6 ft.
20 ft.
30 ft.
Townhouse (2 du maximum)
3,000 sq. ft./du
25 ft./du
40%
20 ft.
50 ft.
6/0 ft.
20/0 ft.
30 ft.
Two-family dwelling
6,000 sq. ft.
50 ft.
40%
20 ft.
50 ft.
6 ft.
20 ft.
30 ft.
Conditional uses:
 
 
 
 
 
 
 
 
Bed and breakfast home
5,000 sq. ft.
50 ft.
40%
20 ft.
50 ft.
6 ft.
20 ft.
30 ft.
Hospice
5,000 sq. ft.
50 ft.
40%
20 ft.
-
6 ft.
20 ft.
30 ft.
Licensed adult day services, licensed childcare center
5,000 sq. ft.
50 ft.
40%
20 ft.
-
6 ft.
20 ft.
30 ft.
Mortuary, funeral home or crematorium
20,000 sq. ft.
100 ft.
40%
20 ft.
-
20 ft.
20 ft.
30 ft.
 
Notes:
   1.    May be erected to a height not exceeding 75 feet; provided, that such buildings shall provide at least 1 additional foot of yard space on all sides for each additional foot by which such building exceeds the maximum height limit of the district in which it is located.
   2.    See section 16-3-17 of this title for adjustment of minimum front yard setbacks.
(Ord. 52-09, 10-19-2009)

16-5-4: R-2A ALTERNATE TWO-FAMILY RESIDENTIAL:

The R-2A district is intended to provide for the protection of certain older areas of the community developed principally as single-family and two-family uses. Characteristics of the R-2A district are: smaller than average lot widths and area, established building lines much closer to the public right of way and required setback lines, and/or greater lot coverage than allowed in the more recent developing areas where such requirements can be provided. The R-2A district is intended to be located in those areas displaying one or more of the above characteristics. The purpose of this district is to stabilize and preserve the residential character of existing areas through the establishment of bulk regulations in conformity with existing conditions. (Ord. 52-09, 10-19-2009)

16-5-4-1: PRINCIPAL PERMITTED USES:

The following uses are permitted in the R-2A district:
   Cemetery, mausoleum, or columbarium.
   Community gardens.
   Golf course.
   Maternity group home.
   Parks, public or private, and similar natural recreation areas.
   Place of religious exercise or assembly.
   Public, private, or parochial school approved by state of Iowa (K - 12).
   Railroad or public or quasi-public utility, including substation.
   Single-family detached dwelling.
   Townhouse (maximum 2 dwelling units).
   Two-family dwelling (duplex). (Ord. 52-09, 10-19-2009; amd. Ord. 17-13, 3-18-2013; Ord. 19-20, 5-18-2020; Ord. 49-23, 11-20-2023)

16-5-4-2: CONDITIONAL USES:

The following conditional uses may be permitted in the R-2A district, subject to the provisions of section 16-8-5 of this title:
   Accessory dwelling unit.
   Bed and breakfast home.
   Hospice.
   Licensed adult day services.
   Licensed childcare center.
   Off premises residential garage.
   Off street parking.
   Tour home.
   Tourist home.
   Wind energy conversion system. (Ord. 52-09, 10-19-2009; Ord. 20-22, 5-20-2022)

16-5-4-3: ACCESSORY USES:

The following uses are permitted as accessory uses as provided in section 16-3-7 of this title:
   Detached garage.
   Fence.
   Garage sale, provided that not more than three (3) such sales shall be allowed per premises per calendar year and not more than three (3) consecutive days per sale.
   Home based business.
   Keeping of hens for egg production.
   Noncommercial garden, greenhouse or nursery.
   Off street parking and storage of vehicles.
   Satellite receiving dish.
   Solar collector (freestanding arrays are limited to not more than 100 aggregate square feet and 10 feet in height).
   Sport, recreation, or outdoor cooking equipment.
   Storage building.
   Tennis court, swimming pool or similar permanent facility.
   Wind turbine (building mounted). (Ord. 52-09, 10-19-2009; amd. Ord. 47-14, 7-21-2014; Ord. 54-15, 8-17-2015)

16-5-4-4: TEMPORARY USES:

Temporary uses shall be regulated in conformance with the provisions of section 16-3-19 of this title. (Ord. 52-09, 10-19-2009)

16-5-4-5: PARKING:

Minimum parking requirements shall be regulated in conformance with the provisions of chapter 14 of this title, except for properties located within the Jackson Park and Cathedral Historic Districts where off-street parking is not required. (Ord. 52-09, 10-19-2009; amd. Ord. 9-24, 4-15-2024)

16-5-4-6: SIGNS:

Signs shall be regulated in conformance with the provisions of chapter 15 of this title. (Ord. 52-09, 10-19-2009)

16-5-4-7: BULK REGULATIONS:

R-2A Residential
Minimum Lot Area
Minimum Lot Frontage
Maximum Lot Coverage (Lot Area)
Setbacks
Maximum Height
Front
Minimum Side
Minimum Rear
Minimum1,3
Maximum
R-2A Residential
Minimum Lot Area
Minimum Lot Frontage
Maximum Lot Coverage (Lot Area)
Setbacks
Maximum Height
Front
Minimum Side
Minimum Rear
Minimum1,3
Maximum
Permitted uses:
 
 
 
 
 
 
 
 
Place of religious exercise or assembly, school
20,000 sq. ft.
100 ft.
40%
10 ft.
-
20 ft.
20 ft.
75 ft.2
Single-family detached dwelling
2,500 sq. ft.
25 ft.
50%
10 ft.
50 ft.
3 ft.
10 ft.
30 ft.
Townhouse (2 du maximum)
2,500 sq. ft./du
25 ft./du
50%
10 ft.
50 ft.
3/0 ft.
10/0 ft.
30 ft.
Two-family dwelling
2,500 sq. ft.
25 ft.
50%
10 ft.
50 ft.
3 ft.
10 ft.
30 ft.
Conditional uses:
 
 
 
 
 
 
 
 
Bed and breakfast home
2,500 sq. ft.
25 ft.
50%
10 ft.
50 ft.
3 ft.
10 ft.
30 ft.
Hospice
2,500 sq. ft.
25 ft.
50%
10 ft.
-
3 ft.
10 ft.
30 ft.
Licensed adult day services, licensed childcare center
2,500 sq. ft.
25 ft.
50%
10 ft.
-
3 ft.
10 ft.
30 ft.
Off premises residential garage
-
-
-
10 ft.
-
3 ft.
6 ft.
15 ft.
 
Notes:
   1.    Minimum 20 feet for garages facing a street.
   2.    May be erected to a height not exceeding 75 feet; provided, that such buildings shall provide at least 1 additional foot of yard space on all sides for each additional foot by which such building exceeds the maximum height limit of the district in which it is located.
   3.    See section 16-3-17 of this title for adjustment of minimum front yard setbacks.
 
(Ord. 52-09, 10-19-2009)

16-5-5: R-3 MODERATE DENSITY MULTI-FAMILY RESIDENTIAL:

The R-3 district is intended to provide locations for a variety of dwelling types ranging from single-family to low rise multi-family dwellings. The R-3 district also serves as a transition between residential and nonresidential districts. (Ord. 52-09, 10-19-2009)

16-5-5-1: PRINCIPAL PERMITTED USES:

The following uses are permitted in the R-3 district:
   Cemetery, mausoleum, or columbarium.
   Community gardens.
   Golf course.
   Maternity group home.
   Multi-family dwelling (maximum 6 dwelling units).
   Parks, public or private, and similar natural recreation areas.
   Place of religious exercise or assembly.
   Public, private, or parochial school approved by state of Iowa (K - 12).
   Railroad or public or quasi-public utility, including substation.
   Single-family detached dwelling.
   Townhouse (maximum 6 dwelling units).
   Two-family dwelling (duplex). (Ord. 52-09, 10-19-2009; amd. Ord. 17-13, 3-18-2013; Ord. 19-20, 5-18-2020; Ord. 49-23, 11-20-2023)

16-5-5-2: CONDITIONAL USES:

The following conditional uses may be permitted in the R-3 district, subject to the provisions of section 16-8-5 of this title:
   Accessory dwelling unit.
   Bed and breakfast home.
   Group home.
   Hospice.
   Housing for the elderly or persons with disabilities.
   Individual zero lot line detached dwelling.
   Licensed adult day services.
   Licensed childcare center.
   Mortuary, funeral home, or crematorium.
   Nursing or convalescent home.
   Off premises residential garage.
   Off street parking.
   Rooming or boarding house.
   Tour home.
   Tourist home.
   Wind energy conversion system. (Ord. 52-09, 10-19-2009; Ord. 20-22, 5-20-2022)

16-5-5-3: ACCESSORY USES:

The following uses are permitted as accessory uses as provided in section 16-3-7 of this title:
   Detached garage.
   Fence.
   Garage sale, provided that not more than three (3) such sales shall be allowed per premises per calendar year and not more than three (3) consecutive days per sale.
   Home based business.
   Keeping of hens for egg production.
   Noncommercial garden, greenhouse or nursery.
   Off street parking and storage of vehicles.
   Satellite receiving dish.
   Solar collector (freestanding arrays are limited to not more than 100 aggregate square feet and 10 feet in height).
   Sport, recreation, or outdoor cooking equipment.
   Storage building.
   Tennis court, swimming pool or similar permanent facility.
   Wind turbine (building mounted). (Ord. 52-09, 10-19-2009; amd. Ord. 47-14, 7-21-2014; Ord. 54-15, 8-17-2015)

16-5-5-4: TEMPORARY USES:

Temporary uses shall be regulated in conformance with the provisions of section 16-3-19 of this title. (Ord. 52-09, 10-19-2009)

16-5-5-5: PARKING:

Minimum parking requirements shall be regulated in conformance with the provisions of chapter 14 of this title, except for properties located within the Jackson Park and Cathedral Historic Districts where off-street parking is not required. (Ord. 52-09, 10-19-2009; amd. Ord. 9-24, 4-15-2024)

16-5-5-6: SIGNS:

Signs shall be regulated in conformance with the provisions of chapter 15 of this title. (Ord. 52-09, 10-19-2009)

16-5-5-7: BULK REGULATIONS:

R-3 Residential
Minimum Lot Area
Minimum Lot Frontage
Maximum Lot Coverage (Lot Area)
Setbacks
Maximum Height
Front
Minimum Side
Minimum Rear
Minimum2
Maximum
R-3 Residential
Minimum Lot Area
Minimum Lot Frontage
Maximum Lot Coverage (Lot Area)
Setbacks
Maximum Height
Front
Minimum Side
Minimum Rear
Minimum2
Maximum
Permitted uses:
 
 
 
 
 
 
 
 
Multi-family dwelling (6 du maximum)
2,000 sq. ft./du
50 ft.
40%
20 ft.
-
4 ft.
20 ft.
30 ft.
Place of religious exercise or assembly, school
20,000 sq. ft.
100 ft.
40%
20 ft.
-
20 ft.
20 ft.
75 ft.1
Single-family detached dwelling
5,000 sq. ft.
50 ft.
40%
20 ft.
50 ft.
4 ft.
20 ft.
30 ft.
Townhouse (6 du maximum)
1,600 sq. ft./du
16 ft./du
40%
20 ft.
-
4/0 ft.
20/0 ft.
30 ft.
Two-family dwelling
5,000 sq. ft.
50 ft.
40%
20 ft.
50 ft.
4 ft.
20 ft.
30 ft.
Conditional uses:
 
 
 
 
 
 
 
 
Bed and breakfast home
5,000 sq. ft.
50 ft.
40%
20 ft.
50 ft.
4 ft.
20 ft.
30 ft.
Group home
5,000 sq. ft.
50 ft.
40%
20 ft.
-
4 ft.
20 ft.
30 ft.
Hospice
5,000 sq. ft.
50 ft.
40%
20 ft.
-
4 ft.
20 ft.
30 ft.
Housing for the elderly or disabled
20,000 sq. ft.
100 ft.
40%
20 ft.
-
20 ft.
20 ft.
30 ft.
Individual zero lot line dwelling
5,000 sq. ft.
50 ft.
40%
20 ft.
50 ft.
10/0 ft.
20 ft.
30 ft.
Licensed adult day services, licensed childcare center
5,000 sq. ft.
50 ft.
40%
20 ft.
-
4 ft.
20 ft.
40 ft.
Mortuary, funeral home or crematorium
20,000 sq. ft.
100 ft.
40%
20 ft.
-
20 ft.
20 ft.
30 ft.
Nursing or convalescent home
20,000 sq. ft.
100 ft.
40%
20 ft.
-
20 ft.
20 ft.
30 ft.
Off premises residential garage
-
-
-
20 ft.
-
4 ft.
6 ft.
15 ft.
Rooming or boarding house
5,000 sq. ft.
50 ft.
40%
20 ft.
-
4 ft.
20 ft.
30 ft.
 
Notes:
   1.    May be erected to a height not exceeding 75 feet; provided, that such buildings shall provide at least 1 additional foot of yard space on all sides for each additional foot by which such building exceeds the maximum height limit of the district in which it is located.
   2.    See section 16-3-17 of this title for adjustment of minimum front yard setbacks.
 
(Ord. 52-09, 10-19-2009)

16-5-6: R-4 MULTI-FAMILY RESIDENTIAL:

The R-4 district is intended to provide residential areas of moderate to high density developments located adjacent to a major street and serves as a buffer or transition between commercial development, nonresidential uses, or heavy automobile traffic and medium density residential development. (Ord. 52-09, 10-19-2009)

16-5-6-1: PRINCIPAL PERMITTED USES:

The following uses are permitted in the R-4 district:
   Cemetery, mausoleum, or columbarium.
   Community gardens.
   Golf course.
   Maternity group home.
   Multi-family dwelling (3 to 12 units per buildings).
   Parks, public or private, and similar natural recreation areas.
   Place of religious exercise or assembly.
   Public, private, or parochial school approved by state of Iowa (K - 12).
   Railroad or public or quasi-public utility, including substation.
   Single-family detached dwelling.
   Townhouse (3 to 12 units laterally attached).
   Two-family dwelling (duplex). (Ord. 52-09, 10-19-2009; amd. Ord. 17-13, 3-18-2013; Ord. 19-20, 5-18-2020; Ord. 49-23, 11-20-2023)

16-5-6-2: CONDITIONAL USES:

The following conditional uses may be permitted in the R-4 district, subject to the provisions of section 16-8-5 of this title:
   Accessory dwelling unit.
   Bed and breakfast home.
   Bed and breakfast inn.
   Group home.
   Hospice.
   Housing for the elderly or persons with disabilities.
   Licensed adult day services.
   Licensed childcare center.
   Mortuary, funeral home, or crematorium.
   Multi-family dwelling of thirteen (13) or more units.
   Nursing or convalescent home.
   Off premises residential garage.
   Off street parking.
   Rooming or boarding house.
   Tour home.
   Tourist home.
   Wind conversion energy system. (Ord. 52-09, 10-19-2009; amd. Ord. 20-22, 5-20-2022)

16-5-6-3: ACCESSORY USES:

The following uses are permitted as accessory uses as provided in section 16-3-7 of this title:
   Detached garage.
   Fence.
   Garage sale, provided that not more than three (3) such sales shall be allowed per premises per calendar year and not more than three (3) consecutive days per sale.
   Home based business.
   Keeping of hens for egg production.
   Noncommercial garden, greenhouse or nursery.
   Off street parking and storage of vehicles.
   Satellite receiving dish.
   Solar collector (freestanding arrays are limited to not more than 100 aggregate square feet and 10 feet in height).
   Sport, recreation, or outdoor cooking equipment.
   Storage building.
   Tennis court, swimming pool or similar permanent facility.
   Wind turbine (building mounted). (Ord. 52-09, 10-19-2009; amd. Ord. 47-14, 7-21-2014; Ord. 54-15, 8-17-2015)

16-5-6-4: TEMPORARY USES:

Temporary uses shall be regulated in conformance with the provisions of section 16-3-19 of this title. (Ord. 52-09, 10-19-2009)

16-5-6-5: PARKING:

Minimum parking requirements shall be regulated in conformance with the provisions of chapter 14 of this title, except for properties located within the Jackson Park and Cathedral Historic Districts where off-street parking is not required. (Ord. 52-09, 10-19-2009; amd. Ord. 9-24, 4-15-2024)

16-5-6-6: SIGNS:

Signs shall be regulated in conformance with the provisions of chapter 15 of this title. (Ord. 52-09, 10-19-2009)

16-5-6-7: BULK REGULATIONS:

R-4 Residential
Minimum
Lot Area
Minimum
Lot
Frontage
Maximum Lot Coverage
Setbacks
Maximum
Height
Front
Minimum Side
Minimum Rear
Minimum
Maximum
R-4 Residential
Minimum
Lot Area
Minimum
Lot
Frontage
Maximum Lot Coverage
Setbacks
Maximum
Height
Front
Minimum Side
Minimum Rear
Minimum
Maximum
Permitted uses:
 
 
 
 
 
 
 
 
Multi-family dwelling (12 du maximum)
2,000 sq. ft./du
50 ft.
40%
20 ft.
-
3 ft.1
20 ft.
40 ft.
Place of religious exercise or assembly, school
20,000 sq. ft.
100 ft.
40%
20 ft.
-
20 ft.
20 ft.
75 ft.2
Single-family detached dwelling
5,000 sq. ft.
50 ft.
40%
20 ft.
50 ft.
4 ft.
20 ft.
30 ft.
Townhouse (12 du maximum)
1,600 sq. ft./du
16 ft./du
40%
20 ft.
-
0/3 ft.1
20/0 ft.
40 ft.
Two-family dwelling
5,000 sq. ft.
50 ft.
40%
20 ft.
50 ft.
4 ft.
20 ft.
30 ft.
Conditional uses:
 
 
 
 
 
 
 
 
Bed and breakfast home
5,000 sq. ft.
50 ft.
40%
20 ft.
50 ft.
4 ft.
20 ft.
30 ft.
Bed and breakfast inn
5,000 sq. ft.
50 ft.
40%
20 ft.
50 ft.
4 ft.
20 ft.
30 ft.
Group home
5,000 sq. ft.
50 ft.
40%
20 ft.
-
3 ft.1
20 ft.
40 ft.
Hospice
5,000 sq. ft.
50 ft.
40%
20 ft.
-
3 ft.1
20 ft.
40 ft.
Housing for the elderly or disabled
20,000 sq. ft.
100 ft.
40%
20 ft.
-
20 ft.
20 ft.
40 ft.
Licensed adult day services, licensed childcare center
5,000 sq. ft.
50 ft.
40%
20 ft.
-
3 ft.1
20 ft.
40 ft.
Mortuary, funeral home or crematorium
20,000 sq. ft.
100 ft.
40%
20 ft.
-
20 ft.
20 ft.
40 ft.
Nursing or convalescent home
20,000 sq. ft.
100 ft.
40%
20 ft.
-
20 ft.
20 ft.
40 ft.
Off premises residential garage
-
-
-
20 ft.
-
3 ft.
6 ft.
15 ft.
Rooming or boarding house
5,000 sq. ft.
50 ft.
40%
20 ft.
-
3 ft.1
20 ft.
40 ft.
 
Notes:
   1.    Plus 1 additional foot per floor above the second floor.
   2.    May be erected to a height not exceeding 75 feet; provided, that such buildings shall provide at least 1 additional foot of yard space on all sides for each additional foot by which such building exceeds the maximum height limit of the district in which it is located.
 
(Ord. 52-09, 10-19-2009)

16-5-7: OR OFFICE RESIDENTIAL:

The OR district is intended to serve as a transition zone between commercial and single- and two-family residential areas permitting adaptive reuse of existing building stock, which will normally be residential in character. This OR district is not intended to have any application in undeveloped or newly developing areas of the city or on land made vacant through intentional demolition. Development standards remain flexible to allow conservation and reuse of existing buildings. This district should be located in areas abutting arterial and/or collector streets which are, because of location and trends, suitable for development of low intensity office uses, and high intensity residential uses. (Ord. 52-09, 10-19-2009)

16-5-7-1: PRINCIPAL PERMITTED USES:

The following uses are permitted in the OR district:
   Art gallery, museum or library.
   Artist studio.
   Community gardens.
   General office.
   Hospice.
   Housing for the elderly or persons with disabilities.
   Licensed childcare center.
   Maternity group home.
   Medical office.
   Mortuary or funeral home.
   Multi-family dwelling.
   Nursing or convalescent home.
   Parking structure.
   Place of religious exercise or religious assembly.
   Public, private, or parochial school approved by state of Iowa (K - 12).
   Railroad or public or quasi-public utility, including substation.
   Registered child development home.
   School of private instruction.
   Single- or two-family dwelling unit within an existing structure only.
   Townhouse (2 or more laterally attached units). (Ord. 52-09, 10-19-2009; amd. Ord. 54-19, 12-16-2019; Ord. 19-20, 5-18-2020; Ord. 30-21, 9-20-2021; Ord. 49-23, 11-20-2024)

16-5-7-2: CONDITIONAL USES:

The following conditional uses are permitted in the OR district, subject to the provisions of section 16-8-5 of this title:
   Accessory dwelling unit.
   Bed and breakfast home.
   Bed and breakfast inn.
   Group home.
   Licensed adult day services.
   Off premises residential garage.
   Off street parking.
   Photographic studio.
   Private club.
   Rooming or boarding house.
   Tour home.
   Tourist home.
   Wind energy conversion system. (Ord. 52-09, 10-19-2009; amd. Ord. 54-19, 12-16-2019; Ord. 20-22, 5-20-2022)

16-5-7-3: ACCESSORY USES:

The following uses are permitted as accessory uses as provided in section 16-3-7 of this title:
   Crematorium accessory to a mortuary or funeral home.
   Detached garage.
   Fence.
   Garage sale, provided that not more than three (3) such sales shall be allowed per premises per calendar year and not more than three (3) consecutive days per sale.
   Home based business.
   Noncommercial garden, greenhouse or nursery.
   Off street parking and storage of vehicles.
   Satellite receiving dish.
   Solar collector (freestanding arrays are limited to not more than 100 aggregate square feet and 10 feet in height).
   Sport, recreation, or outdoor cooking equipment.
   Storage building.
   Tennis court, swimming pool or similar permanent facility.
   Wind turbine (building mounted). (Ord. 52-09, 10-19-2009; amd. Ord. 54-15, 8-17-2015)

16-5-7-4: TEMPORARY USES:

Temporary uses shall be regulated in conformance with the provisions of section 16-3-19 of this title. (Ord. 52-09, 10-19-2009)

16-5-7-5: PARKING:

Minimum parking requirements shall be regulated in conformance with the provisions of chapter 14 of this title, except for properties located within the Jackson Park and Cathedral Historic Districts where off-street parking is not required.. (Ord. 52-09, 10-19-2009; amd. Ord. 9-24, 4-15-2024)

16-5-7-6: SIGNS:

Signs shall be regulated in conformance with the provisions of chapter 15 of this title. (Ord. 52-09, 10-19-2009)

16-5-7-7: BULK REGULATIONS:

OR Office Residential
Minimum Lot Area
Minimum Lot Frontage
Maximum Lot Coverage (Lot Area)
Setbacks
Maximum Height
Front
Minimum Side
Minimum Rear
Minimum
Maximum
OR Office Residential
Minimum Lot Area
Minimum Lot Frontage
Maximum Lot Coverage (Lot Area)
Setbacks
Maximum Height
Front
Minimum Side
Minimum Rear
Minimum
Maximum
Permitted uses:
 
 
 
 
 
 
 
 
General office
-
-
50%
20 ft.
-
3 ft.
10 ft.
40 ft.
Hospice
5,000 sq. ft.
50 ft.
50%
20 ft.
-
3 ft.
10 ft.
40 ft.
Housing for the elderly or disabled
10,000 sq. ft.
-
-
-
-
3 ft.1
10 ft.
40 ft.
Medical office
-
-
50%
20 ft.
-
3 ft.
10 ft.
40 ft.
Mortuary, funeral home
-
-
50%
20 ft.
-
3 ft.1
10 ft.
40 ft.
Multi-family dwelling
1,200 sq. ft./du
50 ft.
50%
20 ft.
-
3 ft.
10 ft.
40 ft.
Nursing or convalescent home
10,000 sq. ft.
100 ft.
50%
20 ft.
-
3 ft.1
10 ft.
40 ft.
Place of religious exercise or assembly, school
20,000 sq. ft.
100 ft.
50%
20 ft.
-
3 ft.
10 ft.
75 ft.2
Single-family detached dwelling
5,000 sq. ft.
50 ft.
50%
20 ft.
50 ft.
3 ft.
10 ft.
40 ft.
Townhouse
1,200 sq. ft./du
16 ft./du
50%
20 ft.
-
3/0 ft.
10/0 ft.
40 ft.
Two-family dwelling
5,000 sq. ft.
50 ft.
50%
20 ft.
50 ft.
3 ft.
10 ft.
40 ft.
All other permitted uses
-
-
50%
20 ft.
-
3 ft.
10 ft.
40 ft.
Conditional uses:
 
 
 
 
 
 
 
 
Bed and breakfast home
5,000 sq. ft.
50 ft.
50%
20 ft.
50 ft.
3 ft.
10 ft.
40 ft.
Bed and breakfast inn
-
-
50%
20 ft.
50 ft.
3 ft.
10 ft.
40 ft.
Group home
5,000 sq. ft.
50 ft.
50%
-
-
3 ft.
10 ft.
40 ft.
Licensed adult day services, licensed childcare center
5,000 sq. ft.
50 ft.
50%
20 ft.
-
3 ft.
10 ft.
40 ft.
Off premises residential garage
-
-
50%
20 ft.
-
3 ft.
10 ft.
15 ft.
Photographic studio
-
-
50%
20 ft.
-
3 ft.
10 ft.
40 ft.
Private club
-
-
50%
20 ft.
-
3 ft.
10 ft.
40 ft.
Rooming or boarding house
5,000 sq. ft.
50 ft.
50%
20 ft.
-
3 ft.
10 ft.
40 ft.
 
Notes:
   1.    When abutting a residential district, a 6 foot side setback is required.
   2.    May be erected to a height not exceeding 75 feet; provided, that such buildings shall provide at least 1 additional foot of yard space on all sides for each additional foot by which such building exceeds the maximum height limit of the district in which it is located.
 
(Ord. 52-09, 10-19-2009)

16-5-8: OS OFFICE SERVICE:

The OS district is intended to encourage and permit professional office uses in newly developing areas of the city, and is intended to be used as a transition between commercial and residential area. (Ord. 52-09, 10-19-2009)

16-5-8-1: PRINCIPAL PERMITTED USES:

The following uses are permitted in the OS district:
   Art gallery, museum, or library.
   Artist studio.
   Barber or beauty shop.
   Dental or medical lab.
   General office.
   Licensed childcare center.
   Maternity group home.
   Medical office.
   Parking structure.
   Photographic studio.
   Place of religious exercise or assembly.
   Public, private, or parochial school approved by the state of Iowa (K - 12).
   Railroad or public or quasi-public utility, including substation.
   Registered child development home.
   Residential use above the first floor only.
   School of private instruction. (Ord. 52-09, 10-19-2009; amd. Ord. 54-19, 12-16-2019; Ord. 30-21, 9-20-2021; Ord. 49-23, 11-20-2023)

16-5-8-2: CONDITIONAL USES:

The following conditional uses may be permitted in the OS district, subject to the provisions of section 16-8-5 of this title:
   Licensed adult day services.
   Off street parking.
   Private club.
   Wind energy conversion system. (Ord. 52-09, 10-19-2009; amd. Ord. 54-19, 12-16-2019)

16-5-8-3: ACCESSORY USES:

The following uses are permitted as accessory uses as provided in section 16-3-7 of this title:
Any use customarily incidental and subordinate to the principal use it serves.
Wind turbine (building mounted). (Ord. 52-09, 10-19-2009)

16-5-8-4: TEMPORARY USES:

Temporary uses shall be regulated in conformance with the provisions of section 16-3-19 of this title. (Ord. 52-09, 10-19-2009)

16-5-8-5: PARKING:

Minimum parking requirements shall be regulated in conformance with the provisions of chapter 14 of this title, except for properties located within the Jackson Park and Cathedral Historic Districts where off-street parking is not required. (Ord. 52-09, 10-19-2009; amd. Ord. 9-24, 4-15-2024)

16-5-8-6: SIGNS:

Signs shall be regulated in conformance with the provisions of chapter 15 of this title. (Ord. 52-09, 10-19-2009)

16-5-8-7: BULK REGULATIONS:

OS Office Service
Minimum Lot Area
Minimum Lot Frontage
Maximum Lot Coverage (Lot Area)
Setbacks
Maximum Height
Front
Minimum Side1
Minimum Rear2
Minimum
Maximum
OS Office Service
Minimum Lot Area
Minimum Lot Frontage
Maximum Lot Coverage (Lot Area)
Setbacks
Maximum Height
Front
Minimum Side1
Minimum Rear2
Minimum
Maximum
Permitted uses:
 
 
 
 
 
 
 
 
All permitted uses
-
-
-
20 ft.
-
-
-
75 ft.
Conditional uses:
 
 
 
 
 
 
 
 
Licensed adult day services, licensed childcare center
3,500 sq. ft.
50 ft.
50%
20 ft.
-
-
-
-
All other conditional uses
-
-
-
20 ft.
-
-
-
75 ft.
 
Notes:
   1.    When abutting a residential or office residential district, a 20 foot side setback is required.
   2.    When abutting a residential or office residential district, a 20 foot rear setback is required.
 
(Ord. 52-09, 10-19-2009)

16-5-9: OC OFFICE COMMERCIAL:

The OC district is intended to encourage and permit the establishment of commercial business uses in mixed use specialty areas. This district will generally be located in areas which have developed, or are appropriate to develop, as limited retail districts. This district should also be located in areas adjacent to established commercial districts, in historic and/or architecturally significant areas where the adaptive reuse of existing buildings is encouraged, in areas of particular tourist interest and along arterial and/or collector streets which are suitable for more intensive commercial development. (Ord. 52-09, 10-19-2009)

16-5-9-1: PRINCIPAL PERMITTED USES:

The following uses are permitted in the OC district:
   Art gallery, museum or library.
   Artist studio.
   Bakery (retail only).
   Barber or beauty shop.
   General office.
   Licensed childcare center.
   Maternity group home.
   Medical office.
   Multi-family dwelling.
   Parking structure.
   Photographic studio.
   Place of religious exercise or assembly.
   Registered child development home.
   Retail sales and service.
   School of private instruction.
   Single-family detached dwelling.
   Two-family dwelling.
   Any other specialty retail use of a similar nature and intensity. (Ord. 52-09, 10-19-2009; amd. Ord. 54-19, 12-16-2019; Ord. 30-21, 9-20-2021; Ord. 49-23, 11-20-2023)

16-5-9-2: CONDITIONAL USES:

The following conditional uses may be permitted in the OC district subject to the provisions of section 16-8-5 of this title:
   Accessory dwelling unit.
   Bar or tavern.
   Bed and breakfast home.
   Bed and breakfast inn.
   Licensed adult day services.
   Off street parking.
   Private club.
   Restaurant.
   Tour home.
   Wind energy conversion system. (Ord. 52-09, 10-19-2009; amd. Ord. 54-19, 12-16-2019; Ord. 20-22, 5-20-2022)

16-5-9-3: ACCESSORY USES:

The following uses are permitted as accessory uses as provided in section 16-3-7 of this title:
   Detached garage.
   Fence.
   Garage sale, provided that not more than three (3) such sales shall be allowed per premises per calendar year and not more than three (3) consecutive days per sale.
   Home based business.
   Noncommercial garden, greenhouse or nursery.
   Off street parking of vehicles.
   Satellite receiving dish.
   Solar collector (freestanding arrays are limited to not more than 100 aggregate square feet and 10 feet in height).
   Sport, recreation or outdoor cooking equipment.
   Storage building.
   Tennis court, swimming pool or similar permanent facility.
   Wind turbine (building mounted). (Ord. 52-09, 10-19-2009; amd. Ord. 54-15, 8-17-2015)

16-5-9-4: TEMPORARY USES:

Temporary uses shall be regulated in conformance with the provisions of section 16-3-19 of this title. (Ord. 52-09, 10-19-2009)

16-5-9-5: PARKING:

Minimum parking requirements shall be regulated in conformance with the provisions of chapter 14 of this title, except that a twenty five percent (25%) reduction shall be allowed in the OC district for both permitted and conditional uses, and except for properties located within the Jackson Park and Cathedral Historic Districts where off-street parking is not required. (Ord. 52-09, 10-19-2009; amd. Ord. 9-24, 4-15-2024)

16-5-9-6: SIGNS:

Signs shall be regulated in conformance with the provisions of chapter 15 of this title. (Ord. 52-09, 10-19-2009)

16-5-9-7: BULK REGULATIONS:

OC Office Commercial
Minimum Lot Area
Minimum Lot Frontage
Maximum Lot Coverage (Lot Area)
Setbacks
Maximum Height
Minimum Front
Minimum Side
Minimum Rear
OC Office Commercial
Minimum Lot Area
Minimum Lot Frontage
Maximum Lot Coverage (Lot Area)
Setbacks
Maximum Height
Minimum Front
Minimum Side
Minimum Rear
Permitted uses:
 
 
 
 
 
 
 
Multi-family dwelling
1,200 sq. ft./du
-
50%
10 ft.
3 ft.1
20 ft.
40 ft.
Place of religious exercise or assembly
20,000 sq. ft.
100 ft.
50%
10 ft.
10 ft.
20 ft.
75 ft.2
Single-family detached dwelling
5,000 sq. ft.
50 ft.
50%
10 ft.
3 ft.
20 ft.
40 ft.
Two-family dwelling
5,000 sq. ft.
50 ft.
50%
10 ft.
3 ft.
20 ft.
40 ft.
All other permitted uses
-
-
50%
10 ft.
3 ft.1
20 ft.
40 ft.
Conditional uses:
 
 
 
 
 
 
 
Bed and breakfast home
-
-
50%
10 ft.
3 ft.
20 ft.
40 ft.
Bed and breakfast inn
-
-
50%
10 ft.
3 ft.
20 ft.
40 ft.
Off street parking lot
-
-
-
-
-
-
-
Parking structure
-
-
-
10 ft.
3 ft.
3 ft.
40 ft.
All other conditional uses
-
-
50%
10 ft.
3 ft.1
20 ft.
40 ft.
 
Notes:
   1.    Plus 1 additional foot per floor above the second floor.
   2.    May be erected to a height not exceeding 75 feet; provided, that such buildings shall provide at least 1 additional foot of yard space on all sides for each additional foot by which such building exceeds the maximum height limit of the district in which it is located.
 
(Ord. 52-09, 10-19-2009)

16-5-10: C-1 NEIGHBORHOOD COMMERCIAL:

The C-1 district is intended to be established on a very limited basis, to provide individual parcels for commercial and residential uses in older buildings in the city's established neighborhoods, while maintaining neighborhood character and fostering opportunities for affordable housing. (Ord. 52-09, 10-19-2009)

16-5-10-1: PRINCIPAL PERMITTED USES:

The following uses are permitted in the C-1 district:
   Bakery (retail only).
   Barber or beauty shop.
   Flower shop, garden store, or commercial greenhouse.
   General office.
   Grocery or drug store (maximum 3,500 square feet).
   Laundromat.
   Licensed childcare center.
   Maternity group home.
   Multi-family dwelling (maximum 6 dwelling units).
   Place of religious exercise or assembly.
   Railroad or public or quasi-public utility, including substation.
   Registered child development home.
   Retail sales and service.
   School of private instruction.
   Shoe repair.
   Single-family detached dwelling.
   Townhouse (maximum 6 dwelling units).
   Two-family dwelling (duplex). (Ord. 52-09, 10-19-2009; amd. Ord. 54-19, 12-16-2019; Ord. 30-21, 9-20-2021; Ord. 49-23, 11-20-2023)

16-5-10-2: CONDITIONAL USES:

The following conditional uses may be permitted in the C-1 district, subject to the provisions of section 16-8-5 of this title:
   Accessory dwelling unit.
   Gas station (not including service station).
   Indoor restaurant.
   Licensed adult day services.
   Medical office.
   Restaurant, carryout.
   Wind energy conversion system. (Ord. 52-09, 10-19-2009; amd. Ord. 54-19, 12-16-2019; Ord. 20-22, 5-20-2022; Ord. 22-25, 6-16-2025)

16-5-10-3: ACCESSORY USES:

The following uses may be permitted as accessory uses as provided in section 16-3-7 of this title:
   Any use customarily incidental and subordinate to the principal use it serves.
   Wind turbine (building mounted). (Ord. 52-09, 10-19-2009)

16-5-10-4: TEMPORARY USES:

Temporary uses shall be regulated in conformance with the provisions of section 16-3-19 of this title. (Ord. 52-09, 10-19-2009)

16-5-10-5: PARKING:

Minimum parking requirements shall be regulated in conformance with the provisions of chapter 14 of this title, except for properties located within the Jackson Park and Cathedral Historic Districts where off-street parking is not required. (Ord. 52-09, 10-19-2009; amd. Ord. 9-24, 4-15-2024)

16-5-10-6: SIGNS:

Signs shall be regulated in conformance with the provisions of chapter 15 of this title. (Ord. 52-09, 10-19-2009)

16-5-10-7: BULK REGULATIONS:

 
C-1 Neighborhood Commercial
Minimum Lot Area
Minimum Lot Frontage
Maximum Lot Coverage (Lot Area)
Setbacks
Maximum Height
Front
Minimum Side2
Minimum Rear3
Minimum
Maximum
All uses
-
-
-
10 ft.1
-
-
-
30 ft.
 
Notes:
   1.    Minimum 20 feet for garages facing a street.
   2.    When abutting a residential or office residential district, a 6 foot side setback is required.
   3.    When abutting a residential or office residential district, a 20 foot rear setback is required.
(Ord. 52-09, 10-19-2009)

16-5-10-8: STANDARDS FOR NONRESIDENTIAL USES:

The following standards shall apply to all nonresidential permitted and conditional uses in the C-1 district:
   A.   The use shall be established in an existing structure that was designed for public, quasi-public, commercial, office, institutional, or industrial use.
   B.   The structure was never converted to a residential use after the effective date hereof.
   C.   The use shall be conducted entirely within the structure.
   D.   There shall be no outdoor storage of equipment or materials on the property or adjacent public right of way.
   E.   All vehicles in excess of two (2), used in conjunction with the use shall be stored within a building when they remain on the property overnight or during periods of nonuse, unless an alternate parking location is provided in a properly zoned area.
 
(Ord. 52-09, 10-19-2009)

16-5-11: C-2 NEIGHBORHOOD SHOPPING CENTER:

The C-2 district is intended to ensure that the size of the commercial center, the nature of uses permitted and the locational characteristics are such that the grouping of such uses will not adversely affect surrounding residences and do not detract from the residential purpose and character of the surrounding neighborhoods. (Ord. 52-09, 10-19-2009)

16-5-11-1: PRINCIPAL PERMITTED USES:

The following uses are permitted in the C-2 district:
   Appliance sales or service.
   Artist studio.
   Automated gas station.
   Bank, savings and loan, or credit union.
   Barber or beauty shop.
   Commercial greenhouse.
   Furniture or home furnishing sales.
   Furniture upholstery or repair.
   Gas station.
   General office.
   Golf course.
   Indoor restaurant.
   Laundry, dry cleaner, or laundromat.
   Licensed childcare center.
   Maternity group home.
   Medical office.
   Neighborhood shopping center.
   Parks, public or private, and similar natural recreation areas.
   Photographic studio.
   Place of religious exercise or assembly.
   Railroad or public or quasi-public utility, including substation.
   Registered child development home.
   Residential use above the first floor only.
   Restaurant, carryout.
   Retail sales and service.
   School of private instruction. (Ord. 52-09, 10-19-2009; amd. Ord. 54-10, 9-20-2010; Ord. 17-13, 3-18-2013; Ord. 54-19, 12-16-2019; Ord. 30-21, 9-20-2021; Ord. 3-22, 1-18-2022; Ord. 49-23,

16-5-11-2: CONDITIONAL USES:

The following conditional uses may be permitted in the C-2 district, subject to the provisions of section 16-8-5 of this title:
   Animal hospital or clinic.
   Car wash, self-service.
   Licensed adult day services.
   Passenger transfer facility.
   Pet daycare or grooming.
   Restaurant, drive-in.
   Tattoo parlor.
   Wind energy conversion systems. (Ord. 52-09, 10-19-2009; amd. Ord. 54-19, 12-16-2019; Ord. 22-25, 6-16-2025)

16-5-11-3: ACCESSORY USES:

The following uses are permitted as accessory uses as provided in section 16-3-7 of this title:
   Any use customarily incidental and subordinate to the principal use it serves.
   Off-premise parking lot.
   Wind turbine (building mounted). (Ord. 52-09, 10-19-2009; amd. Ord. 44-24, 7-15-2024)

16-5-11-4: TEMPORARY USES:

Temporary uses shall be regulated in conformance with the provisions of section 16-3-19 of this title. (Ord. 52-09, 10-19-2009)

16-5-11-5: PARKING:

Minimum parking requirements shall be regulated in conformance with the provisions of chapter 14 of this title, except for properties located within the Jackson Park and Cathedral Historic Districts where off-street parking is not required. (Ord. 52-09, 10-19-2009; amd. Ord. 9-24, 4-15-2024)

16-5-11-6: SIGNS:

Signs shall be regulated in conformance with the provisions of chapter 15 of this title. (Ord. 52-09, 10-19-2009)

16-5-11-7: BULK REGULATIONS:

 
C-2 Neighborhood Shopping Center
Minimum Lot Area
Minimum Lot Frontage
Maximum Lot Coverage (Lot Area)
Setbacks
Maximum Height
Front
Minimum Side2
Minimum Rear3
Minimum
Maximum
All uses
-
-
-
10 ft.1
-
-
-
30 ft.
 
Notes:
   1.    Minimum 20 feet for garages facing a street.
   2.    When abutting a residential or office residential district, a 20 foot side setback is required.
   3.    When abutting a residential or office residential district, a 20 foot rear setback is required.
 
(Ord. 52-09, 10-19-2009)

16-5-12: C-2A MIXED USE NEIGHBORHOOD:

The C-2A district is intended to provide locations for small mixed use and commercial developments that are separated by at least one-fourth (1/4) mile, and contain less than two (2) acres in total developed area that serve one or more neighborhoods. The C-2A district is intended to be compatible with and serve surrounding residential areas by providing the goods and services for daily living. The C-2A district is intended to reduce the need for vehicular trips and provide a pedestrian friendly walkable development. (Ord. 52-09, 10-19-2009)

16-5-12-1: PRINCIPAL PERMITTED USES:

The following uses are permitted in the C-2A district:
   Bank, savings and loan, or credit union.
   Barber or beauty shop.
   Commercial greenhouse.
   General office.
   Grocery store (less than 30,000 square feet).
   Indoor restaurant (less than 100 seats).
   Laundromat.
   Licensed childcare center.
   Maternity group home.
   Place of religious exercise or assembly.
   Railroad or public or quasi-public utility, including substation.
   Registered child development home.
   Residential use located entirely above the first floor only.
   Retail sales and service (less than 3,500 square feet per business).
   School of private instruction. (Ord. 52-09, 10-19-2009; amd. Ord. 54-10, 9-20-2010; Ord. 54-19, 12-16-2019; Ord. 30-21, 9-20-2021; Ord. 3-22, 1-18-2022; Ord. 49-23, 11-20-2023)

16-5-12-2: CONDITIONAL USES:

The following conditional uses may be permitted in the C-2A district, subject to the provisions of section 16-8-5 of this title:
   Animal hospital or clinic.
   Licensed adult day services.
   Pet daycare or grooming.
   Wind energy conversion systems. (Ord. 52-09, 10-19-2009; amd. Ord. 54-19, 12-16-2019)

16-5-12-3: ACCESSORY USES:

The following uses are permitted as accessory uses as provided in section 16-3-7 of this title:
Any use customarily incidental and subordinate to the principal use it serves.
Wind turbine (building mounted). (Ord. 52-09, 10-19-2009)

16-5-12-4: TEMPORARY USES:

Temporary uses shall be regulated in conformance with the provisions of section 16-3-19 of this title. (Ord. 52-09, 10-19-2009)

16-5-12-5: PARKING:

Minimum parking requirements shall be regulated in conformance with the provisions of chapter 14 of this title. (Ord. 52-09, 10-19-2009)

16-5-12-6: SIGNS:

Signs shall be regulated in conformance with the provisions of chapter 15 of this title. (Ord. 52-09, 10-19-2009)

16-5-12-7: BULK REGULATIONS:

 
C-2A Mixed Use Neighborhood
Minimum Lot Area
Minimum Lot Frontage
Maximum Lot Coverage (Lot Area)
Setbacks
Maximum Height
Front
Minimum Side2
Minimum Rear3
Minimum
Maximum
All uses
-
-
-
10 ft.1
-
-
-
30 ft.
 
Notes:
   1.    Minimum 20 feet for garages facing a street.
   2.    When abutting a residential or office residential district, a 20 foot side setback is required.
   3.    When abutting a residential or office residential district, a 20 foot rear setback is required.
 
(Ord. 52-09, 10-19-2009)

16-5-13: C-3 GENERAL COMMERCIAL:

The C-3 district is intended to provide locations for commercial uses which are designed to serve the motoring public or uses requiring highway or arterial locations. (Ord. 52-09, 10-19-2009)

16-5-13-1: PRINCIPAL PERMITTED USES:

The following uses are permitted in the C-3 district:
   Agricultural supply sales.
   Animal hospital or clinic.
   Artist studio.
   Auditorium or assembly hall.
   Bakery (wholesale/commercial).
   Bank, savings and loan, or credit union.
   Bar or tavern.
   Barber or beauty shop.
   Business services.
   Car wash, full service.
   Car wash, self-service.
   Commercial greenhouse.
   Construction supply sales or service.
   Contractor shop or yard.
   Dental or medical lab.
   Department store (60,000 square feet maximum).
   Drive-up automated bank teller.
   Farm implement sales or service.
   Furniture upholstery or repair.
   Gas station.
   General office.
   Golf course.
   Grocery store.
   Hotel.
   Indoor amusement arcade.
   Indoor recreation facility.
   Indoor restaurant.
   Indoor theater.
   Laundry, dry cleaner, or laundromat.
   Licensed childcare center.
   Maternity group home.
   Medical office.
   Miniwarehouse.
   Mobile or manufactured home sales or service.
   Mortuary or funeral home.
   Moving or storage facility.
   Museum or library.
   Neighborhood shopping center.
   Parking structure.
   Parks, public or private, and similar natural recreation areas.
   Pet daycare or grooming.
   Photographic studio.
   Place of religious exercise or assembly.
   Printing or publishing.
   Private club.
   Railroad or public or quasi-public utility, including substation.
   Registered child development home.
   Residential use above the first floor only.
   Restaurant, drive-in or carryout.
   Retail sales and service.
   School of private instruction.
   Service station.
   Tattoo parlor.
   Tour home.
   Vehicle body shop.
   Vehicle sales or rental.
   Vehicle service or repair.
   Vending or game machine sales or service.
   Wholesale sales or distributor. (Ord. 52-09, 10-19-2009; amd. Ord. 17-13, 3-18-2013; Ord. 54-19, 12-16-2019; Ord. 30-21, 9-20-2021; Ord. 3-22, 1-18-2022; Ord. 44-23, 9-18-2023; Ord. 49-23, 11-20-2023)

16-5-13-2: CONDITIONAL USES:

The following conditional uses may be permitted in the C-3 district, subject to the provisions of section 16-8-5 of this title:
   Licensed adult day services.
   Outdoor recreation or outdoor amusement center.
   Passenger transfer facility.
   Wind energy conversion system. (Ord. 52-09, 10-19-2009; amd. Ord. 54-19, 12-16-2019)

16-5-13-3: ACCESSORY USES:

The following uses are permitted as accessory uses as provided in section 16-3-7 of this title:
   Any use customarily incidental and subordinate to the principal use it serves.
   Crematorium accessory to a mortuary or funeral home.
   Off-premise parking lot.
   Wind turbine (building mounted). (Ord. 52-09, 10-19-2009; amd. Ord. 44-24, 7-15-2024)

16-5-13-4: TEMPORARY USES:

Temporary uses shall be regulated in conformance with the provisions of section 16-3-19 of this title. (Ord. 52-09, 10-19-2009)

16-5-13-5: PARKING:

Minimum parking requirements shall be regulated in conformance with the provisions of chapter 14 of this title, except for properties located within the Jackson Park and Cathedral Historic Districts where off-street parking is not required. (Ord. 52-09, 10-19-2009; amd. Ord. 9-24, 4-15-2024)

16-5-13-6: SIGNS:

Signs shall be regulated in conformance with the provisions of chapter 15 of this title. (Ord. 52-09, 10-19-2009)

16-5-13-7: BULK REGULATIONS:

 
C-3 General Commercial
Minimum Lot Area
Minimum Lot Frontage
Maximum Lot Coverage (Lot Area)
Setbacks
Maximum Height
Front
Minimum Side1
Minimum Rear2
Minimum
Maximum
Licensed adult day services, licensed childcare center
5,000 sq. ft.
50 ft.
50%
20 ft.
-
-
-
40 ft.
Vehicle sales
20,000 sq. ft.
-
-
20 ft.
-
-
-
40 ft.
All other uses
-
-
-
20 ft.
-
-
-
40 ft.
 
Notes:
   1.    When abutting a residential or office residential district, a 20 foot side setback is required.
   2.    When abutting a residential or office residential district, a 20 foot rear setback is required.
 
(Ord. 52-09, 10-19-2009)

16-5-14: C-4 DOWNTOWN COMMERCIAL:

The C-4 district is intended to provide locations in the downtown commercial areas of the city for a large variety of uses. The C-4 district is not intended to have any application in undeveloped or newly developing areas of the city. The regulations for this district are designed to encourage the maintenance of existing uses and the private reinvestment and redevelopment of new uses. (Ord. 52-09, 10-19-2009)

16-5-14-1: PRINCIPAL PERMITTED USES:

The following uses are permitted in the C-4 district:
   Agricultural supply sales.
   Animal hospital or clinic.
   Appliance sales or service.
   Art gallery, museum, or library.
   Artist studio.
   Auditorium or assembly hall.
   Automated gas station.
   Bakery (wholesale/commercial).
   Banks, savings and loan, or credit union.
   Bar or tavern.
   Barber or beauty shop.
   Business services.
   Catalog center.
   Commercial greenhouse.
   Construction supply sales or service.
   Contractor shop or yard.
   Dental or medical lab.
   Department store.
   Furniture or home furnishing sales.
   Furniture upholstery or repair.
   Gas station.
   General office.
   Grocery store.
   Hotel.
   Housing for the elderly or persons with disabilities.
   Indoor amusement center.
   Indoor recreation facility.
   Indoor restaurant.
   Indoor theater.
   Laundry, dry cleaner, or laundromat.
   Licensed childcare center.
   Maternity group home.
   Medical office.
   Mini-warehouse below the first floor only.
   Mortuary or funeral home.
   Neighborhood shopping center.
   Parking structure.
   Pet daycare or grooming.
   Photographic studio.
   Place of religious exercise or assembly.
   Printing or publishing.
   Private club.
   Public or private park or similar natural recreation area.
   Public, private or parochial school approved by the state of Iowa (K - 12).
   Railroad or public or quasi-public utility, including substation.
   Registered child development home.
   Residential use above the first floor only.
   Restaurant, carryout.
   Retail sales or service.
   School of private instruction.
   Service station.
   Shoe repair.
   Supermarket.
   Tailor or alteration shop.
   Tattoo parlor.
   Tour home.
   Upholstery shop.
   Vending or game machine sales or service.
   Wholesale sales or distributor. (Ord. 52-09, 10-19-2009; amd. Ord. 41-16, 8-15-2016; Ord. 54-19, 12-16-2019; Ord. 30-21, 9-20-2021; Ord. 3-22, 1-18-2022; Ord. 49-23, 11-20-2023; Ord. 1-24, 1-16-2024; Ord. 22-25, 6-16-2025)

16-5-14-2: CONDITIONAL USES:

The following conditional uses may be permitted in the C-4 district, subject to the provisions of section 16-8-5 of this title:
   Car wash.
   Drive-up automated bank teller.
   Licensed adult day services.
   Off street parking.
   Passenger transfer facility.
   Restaurant, drive-in.
   Vehicle body shop.
   Vehicle sales or rental.
   Vehicle service or repair.
   Wind energy conversion system. (Ord. 52-09, 10-19-2009; amd. Ord. 54-19, 12-16-2019; Ord. 44-23, 9-18-2023; Ord. 22-25, 6-16-2025)

16-5-14-3: ACCESSORY USES:

The following uses are permitted as accessory uses as provided in section 16-3-7 of this title:
   Any use customarily incidental and subordinate to the principal use it serves.
   Crematorium accessory to a mortuary or funeral home.
   Drive-up automated bank teller.
   Wind turbine (building mounted). (Ord. 52-09, 10-19-2009)

16-5-14-4: TEMPORARY USES:

Temporary uses shall be regulated in conformance with the provisions of section 16-3-19 of this title. (Ord. 52-09, 10-19-2009)

16-5-14-5: PARKING:

Off street parking is not required. New surface off street parking lots are prohibited unless approved by the city council. Underground and aboveground parking garages are allowed provided they are an integral part of a new or existing building. (Ord. 52-09, 10-19-2009)

16-5-14-6: SIGNS:

Signs shall be regulated in conformance with the provisions of chapter 15 of this title. (Ord. 52-09, 10-19-2009)

16-5-14-7: BULK REGULATIONS:

C-4 Downtown Commercial
Minimum Lot Area
Minimum Lot Frontage
Maximum Lot Coverage (Lot Area)
Setbacks
Maximum Height
Minimum Front
Minimum Side1
Minimum Rear2
C-4 Downtown Commercial
Minimum Lot Area
Minimum Lot Frontage
Maximum Lot Coverage (Lot Area)
Setbacks
Maximum Height
Minimum Front
Minimum Side1
Minimum Rear2
Permitted uses:
 
 
 
 
 
 
 
Residential above first floor
-
-
-
-
-
-
75 ft.
Vehicle sales
20,000 sq. ft.
-
-
-
-
-
75 ft.
All other permitted uses
-
-
-
-
-
-
75 ft.
Conditional uses:
 
 
 
 
 
 
 
Licensed adult day services, licensed childcare center
3,500 sq. ft.
50 ft.
50%
-
-
-
75 ft.
All other conditional uses
-
-
-
10 ft.
-
-
75 ft.
 
Notes:
   1.    When abutting a residential or office residential district, a 6 foot side setback is required.
   2.    When abutting a residential or office residential district, a 20 foot rear setback is required.
 
(Ord. 52-09, 10-19-2009)

16-5-15: C-5 CENTRAL BUSINESS:

The C-5 district is intended to provide locations for a wide variety of uses. The district is intended to be applied to a very limited downtown business core. (Ord. 52-09, 10-19-2009)

16-5-15-1: PRINCIPAL PERMITTED USES:

The following uses are permitted in the C-5 district:
   Appliance sales or service.
   Art gallery, museum, or library.
   Artist studio.
   Auditorium or assembly hall.
   Automated gas station.
   Bank, savings and loan, or credit union.
   Bar or tavern.
   Barber or beauty shop.
   Business services.
   Carryout restaurant (not including drive-in).
   Catalog center.
   Convention center.
   Dental or medical lab.
   Department store.
   Furniture or home furnishing sales.
   Gas station.
   General office.
   Hotel.
   Housing for the elderly or persons with disabilities.
   Indoor amusement center.
   Indoor recreation facility.
   Indoor restaurant.
   Indoor theater.
   Laundry or dry cleaner.
   Licensed childcare center.
   Maternity group home.
   Medical office or clinic.
   Mini-warehouse below the first floor only.
   Parking structure.
   Photographic studio.
   Places of religious exercise or assembly.
   Printing or publishing.
   Private club.
   Public or private park or similar natural recreation area.
   Railroad or public or quasi-public utility, including substation.
   Regional shopping center.
   Registered child development home.
   Residential use above the first floor only.
   Retail sales or service.
   School of private instruction.
   Service station.
   Shoe repair.
   Sport arena.
   Supermarket.
   Tailor or alteration shop.
   Tattoo parlor. (Ord. 52-09, 10-19-2009; amd. Ord. 41-16, 8-15-2016; Ord. 54-19, 12-16-2019; Ord. 30-21, 9-20-2021; Ord. 49-23, 11-20-2023; Ord. 1-24, 1-16-2024)

16-5-15-2: CONDITIONAL USES:

The following conditional uses may be permitted in the C-5 district, subject to the provisions of section 16-8-5 of this title:
   Licensed adult day services.
   Passenger transfer facility.
   Wind energy conversion system. (Ord. 52-09, 10-19-2009; amd. Ord. 54-19, 12-16-2019)

16-5-15-3: ACCESSORY USES:

The following uses are permitted as accessory uses as provided in section 16-3-7 of this title:
   Any use customarily incidental and subordinate to the principal use it serves.
   Drive-up automated bank teller. (Ord. 52-09, 10-19-2009)

16-5-15-4: TEMPORARY USES:

The following uses may be permitted as temporary uses in the C-5 district in conformance with the provisions of section 16-3-19 of this title:
   Any use listed as a permitted use within the district.
   Temporary surface parking lot may be allowed as part of a construction or redevelopment project.
   Wind turbine (building mounted). (Ord. 52-09, 10-19-2009)

16-5-15-5: PARKING:

Off street parking is not required. New surface off street parking lots are prohibited unless approved by the city council. Underground and aboveground parking garages are allowed provided they are an integral part of a new or existing building. (Ord. 52-09, 10-19-2009)

16-5-15-6: SIGNS:

Signs shall be regulated in conformance with the provisions of chapter 15 of this title. (Ord. 52-09, 10-19-2009)

16-5-15-7: BULK REGULATIONS:

 
C-5 Business
Minimum Lot Area
Minimum Lot Frontage
Maximum Lot Coverage (Lot Area)
Setbacks
Maximum Height
Front
Minimum Side
Minimum Rear1
Minimum
Maximum
All uses
-
-
-
-
-
-
-
-
 
Note:
   1.    When abutting a residential or office residential district, a 20 foot rear setback is required.
 
(Ord. 52-09, 10-19-2009)

16-5-16: CS COMMERCIAL SERVICE AND WHOLESALE:

The CS district is intended to provide locations for a variety of business services, office uses, limited industrial activity and major wholesale operations. The CS district uses are primarily characterized by large storage space requirements, high volume truck traffic and low volume customer traffic. It is intended that the CS district is one that provides a transitional zone that can be used between industrial and commercial uses and in cases where topography establishes a transitional area due to physical limitations between industrial and higher density residential development. (Ord. 52-09, 10-19-2009)

16-5-16-1: PRINCIPAL PERMITTED USES:

The following uses are permitted in the CS district:
   Agricultural supply sales.
   Animal hospital or clinic.
   Appliance sales or service.
   Auto part sales or supply.
   Business services.
   Commercial greenhouse.
   Construction supply sales or service.
   Contractor shop or yard.
   Dental or medical lab.
   Farm implement sales or service.
   Freight transfer facility.
   Fuel or ice dealer.
   Furniture or home furnishing sales.
   Furniture upholstery or repair.
   General office.
   Kennel.
   Landscaping services (not including retail sales as primary use).
   Licensed childcare center.
   Lumberyard or building material sales.
   Mail order house.
   Maternity group home.
   Miniwarehousing.
   Moving or storage facility.
   Off street parking lot.
   Office supply.
   Passenger transfer facility.
   Pet daycare or grooming.
   Printing or publishing.
   Processing or assembly.
   Railroad or public or quasi-public utility, including substation.
   Refrigeration equipment sales or service.
   Registered child development home.
   Resource recovery/recycling center (indoor only).
   Upholstery shop.
   Vehicle body shop.
   Vehicle sales or rental.
   Vehicle service or repair.
   Vending or game machine sales or service.
   Wholesale sales or distributor. (Ord. 52-09, 10-19-2009; amd. Ord. 54-19, 12-16-2019; Ord. 30-21, 9-20-2021; Ord. 3-22, 1-18-2022; Ord. 49-23, 11-20-2023)

16-5-16-2: CONDITIONAL USES:

The following conditional uses may be permitted in the CS district, subject to the provisions of section 16-8-5 of this title:
   Licensed adult day services.
   Wind energy conversion system. (Ord. 52-09, 10-19-2009; amd. Ord. 54-19, 12-16-2019)

16-5-16-3: ACCESSORY USES:

The following uses are permitted as accessory uses as provided in section 16-3-7 of this title:
   Any use customarily incidental and subordinate to the principal use it serves.
   Wind energy turbine (building mounted). (Ord. 52-09, 10-19-2009)

16-5-16-4: TEMPORARY USES:

The following uses shall be permitted as temporary uses in the CS district in conformance with the provisions of section 16-3-19 of this title:
   Any use listed as a permitted use within the district. (Ord. 52-09, 10-19-2009)

16-5-16-5: PARKING:

Minimum parking requirements shall be regulated in conformance with the provisions of chapter 14 of this title. (Ord. 52-09, 10-19-2009)

16-5-16-6: SIGNS:

Signs shall be regulated in conformance with the provisions of chapter 15 of this title. (Ord. 52-09, 10-19-2009)

16-5-16-7: BULK REGULATIONS:

 
CS Commercial Service And Wholesale
Minimum Lot Area
Minimum Lot Frontage
Maximum Lot Coverage (Lot Area)
Setbacks
Maximum Height
Front
Minimum Side1
Minimum Rear2
Minimum
Maximum
Vehicle sales
20,000 sq. ft.
-
-
20 ft.
-
-
-
40 ft.
All other uses
-
-
-
20 ft.
-
-
-
40 ft.
 
Notes:
   1.    When abutting a residential or office residential district, a 20 foot side setback is required.
   2.    When abutting a residential or office residential district, a 20 foot rear setback is required.
(Ord. 52-09, 10-19-2009)

16-5-17: CR COMMERCIAL RECREATION:

The CR district is intended to provide for commercial recreation facilities, together with their supporting uses, which generally require large tracts of land and/or generate substantial volumes of traffic. (Ord. 52-09, 10-19-2009)

16-5-17-1: PRINCIPAL PERMITTED USES:

The following uses are permitted in the CR district:
   Art gallery, museum or library.
   Athletic field, stadium or sport arena.
   Auditorium or assembly hall.
   Bowling alley.
   Campground or recreational vehicle park.
   Car wash, self-service.
   Convention center.
   Dog and horse racing or track operation.
   Excursion boat or boat services.
   Gambling facility licensed by the state of Iowa.
   Golf course.
   Health, sport, recreation or athletic club or organization.
   Hotel.
   Indoor amusement center.
   Indoor recreation facility.
   Indoor restaurant.
   Indoor theater.
   Laundry, dry cleaner or laundromat.
   Licensed childcare center.
   Marine vehicle body shop.
   Marine vehicle sales or rental.
   Marine vehicle service or repair.
   Maternity group home.
   Off street parking lot.
   Outdoor recreation.
   Parking structure.
   Parks, public or private, and similar natural recreation areas.
   Passenger transfer facility.
   Place of religious exercise or assembly.
   Pleasure craft harbor.
   Private club.
   Railroad or public or quasi-public utility, including substation.
   Registered child development home.
   Residential use above the first floor only.
   Restaurant, carryout.
   Retail sales and service.
   Tour home. (Ord. 52-09, 10-19-2009; amd. Ord. 49-10, 8-16-2010; Ord. 17-13, 3-18-2013; Ord. 54-19, 12-16-2019; Ord. 30-21, 9-20-2021; Ord. 49-23, 11-20-2023; Ord. 22-25, 6-16-2025)

16-5-17-2: CONDITIONAL USES:

The following conditional uses may be permitted in the CR district, subject to the provisions of section 16-8-5 of this title:
   Bar or tavern.
   Drive-up automated bank teller.
   Gas station.
   Licensed adult day services.
   Restaurant, drive-in.
   Wind energy conversion system. (Ord. 52-09, 10-19-2009; amd. Ord. 54-19, 12-16-2019; Ord. 22-25, 6-16-2025)

16-5-17-3: ACCESSORY USES:

The following uses are permitted as accessory uses as provided in section 16-3-7 of this title:
   Any use customarily incidental and subordinate to the principal use it serves.
   Wind turbine (building mounted). (Ord. 52-09, 10-19-2009)

16-5-17-4: TEMPORARY USES:

The following uses shall be permitted as temporary uses in the CR district in conformance with the provisions of section 16-3-19 of this title:
   Any use listed as a permitted use within the district. (Ord. 52-09, 10-19-2009)

16-5-17-5: PARKING:

Minimum parking requirements shall be regulated in conformance with the provisions of chapter 14 of this title. (Ord. 52-09, 10-19-2009)

16-5-17-6: SIGNS:

Signs shall be regulated in conformance with the provisions of chapter 15 of this title. (Ord. 52-09, 10-19-2009)

16-5-17-7: BULK REGULATIONS:

 
CR Commercial Recreation
Minimum Lot Area
Minimum Lot Frontage
Maximum Lot Coverage (Lot Area)
Setbacks
Maximum Height
Front
Minimum Side1
Minimum Rear2
Minimum
Maximum
Bar or tavern
-
-
-
20 ft.
-
-
-
40 ft.
Drive-in or carryout restaurant
-
-
-
20 ft.
-
-
-
40 ft.
Gas station
-
-
-
20 ft.
-
-
-
40 ft.
All other uses
-
-
-
20 ft.
-
-
-
100 ft.
 
Notes:
   1.    When abutting a residential or office residential district, a 20 foot side setback is required.
   2.    When abutting a residential or office residential district, a 20 foot rear setback is required.
 
(Ord. 52-09, 10-19-2009)

16-5-18: LI LIGHT INDUSTRIAL:

The LI district is intended to provide locations for a variety of uses associated primarily in the conduct of light manufacturing, assembling and fabrication, warehousing, wholesaling and commercial service operations that require adequate accessibility to transportation facilities. The district is also intended to provide locations for a limited amount of commercial development that will serve employees of surrounding industrial uses. (Ord. 52-09, 10-19-2009)

16-5-18-1: PRINCIPAL PERMITTED USES:

The following uses are permitted in the LI district:
   Agricultural supply sales.
   Animal hospital or clinic.
   Auto part sales.
   Automated gas station.
   Bakery (wholesale/commercial).
   Bank, savings and loan, or credit union.
   Bar or tavern.
   Business services.
   Car wash, full service.
   Car wash, self-service.
   Cold storage or locker plant.
   Construction supply sales or service.
   Contractor shop or yard.
   Dental or medical lab.
   Drive-up automated bank teller.
   Farm implement sales, service or repair.
   Freight transfer facility.
   Fuel or ice dealer.
   Furniture upholstery or repair.
   Gas station.
   General office.
   Grocery store.
   Indoor recreation facility.
   Indoor restaurant.
   Kennel.
   Laboratory for research or engineering.
   Licensed childcare center.
   Lumberyard or building materials sales.
   Mail order house.
   Manufacturing, secondary.
   Miniwarehousing.
   Mobile home sales.
   Moving or storage facility.
   Off street parking lot.
   Outdoor recreation facility.
   Parking structure.
   Passenger transfer facility.
   Pet daycare or grooming.
   Printing or publishing.
   Processing, packaging, or storing meat, dairy or food products, but not including slaughterhouses or stockyards.
   Railroad or public or quasi-public utility, including substation.
   Registered child development home.
   Resource recovery/recycling center (indoor only).
   Restaurant, drive-in or carryout.
   Service station.
   Tool, die, or pattern making.
   Upholstery shop.
   Vehicle body shop.
   Vehicle sales or rental.
   Vehicle service or repair.
   Vending or game machine sales or service.
   Warehousing or storage facility.
   Welding services.
   Wholesale sales or distributor. (Ord. 52-09, 10-19-2009; amd. Ord. 54-19, 12-16-2019; Ord. 30-21, 9-20-2021)

16-5-18-2: CONDITIONAL USES:

The following conditional uses may be permitted in the LI district, subject to the provisions of section 16-8-5 of this title:
   Licensed adult day services.
   Licensed childcare center.
   Residential use.
   Wind energy conversion system. (Ord. 52-09, 10-19-2009; amd. Ord. 50-10, 8-16-2010)

16-5-18-3: ACCESSORY USES:

The following uses are permitted as accessory uses as provided in section 16-3-7 of this title:
   Any use customarily incidental and subordinate to the principal use it serves.
   Drive-up automated bank teller.
   Wind turbine (building mounted). (Ord. 52-09, 10-19-2009)

16-5-18-4: TEMPORARY USES:

The following uses may be permitted as temporary uses in the LI district in conformance with the provisions of section 16-3-19 of this title:
Any use listed as a permitted use within the district. (Ord. 52-09, 10-19-2009)

16-5-18-5: PARKING:

Minimum parking requirements shall be regulated in conformance with the provisions of chapter 14 of this title. (Ord. 52-09, 10-19-2009)

16-5-18-6: SIGNS:

Signs shall be regulated in conformance with the provisions of chapter 15 of this title. (Ord. 52-09, 10-19-2009)

16-5-18-7: BULK REGULATIONS:

 
LI Light Industrial
Minimum
Lot Area
Minimum
Lot
Frontage
Maximum Lot
Coverage
(Lot Area)
Setbacks
Maximum
Height
Front
Minimum
Side1
Minimum
Rear2
Minimum
Maximum
Vehicle sales
20,000 sq. ft.
-
-
-
-
-
-
50 ft.
All other uses
-
-
-
-
-
-
-
50 ft.
 
Notes:
   1.    When abutting a residential or office residential district, a 20 foot side setback is required.
   2.    When abutting a residential or office residential district, a 20 foot rear setback is required.
 
(Ord. 52-09, 10-19-2009)

16-5-19: HI HEAVY INDUSTRIAL:

The HI district is intended to provide locations for industrial uses which by their nature generate levels of smoke, dust, noise, odors, or other visual impacts that render them incompatible with virtually all other land uses. The district is also intended to provide locations for a limited amount of commercial development that will serve employees of surrounding industrial uses. (Ord. 52-09, 10-19-2009)

16-5-19-1: PRINCIPAL PERMITTED USES:

The following uses are permitted in the HI district:
   Agricultural supply sales.
   Animal hospital or clinic.
   Auto part sales.
   Automated gas station.
   Bakery (wholesale/commercial).
   Bank, savings and loan, or credit union.
   Bar or tavern.
   Business services.
   Car wash, full service.
   Car wash, self-service.
   Cold storage or locker plant.
   Construction supply sales and service.
   Contractor shop or yard.
   Convenience store.
   Crematorium, reduction plant, foundry, forge or smelter.
   Dental or medical lab.
   Drive-up automated bank teller.
   Farm implement sales, service or repair.
   Freight transfer facility.
   Fuel or ice dealer.
   Furniture upholstery or repair.
   General office.
   Grain or barge terminal.
   Indoor recreation facility.
   Indoor restaurant.
   Junkyard or salvage yard.
   Kennel.
   Laboratory for research or engineering.
   Licensed childcare center.
   Lumberyard or building material sales.
   Mail order house.
   Manufacturing, primary.
   Manufacturing, secondary.
   Miniwarehousing.
   Mobile home sales.
   Moving or storage facility.
   Off street parking lot.
   Packaging, processing, or storing meat, dairy or food products.
   Parking structure.
   Passenger transfer facility.
   Pet daycare or grooming.
   Printing or publishing.
   Railroad or public or quasi-public utility, including substation.
   Registered child development home.
   Resource recovery/recycling center (indoor only).
   Restaurant, drive-in or carryout.
   Sanitary landfill.
   Service station.
   Sewage treatment plant.
   Slaughterhouse or stockyard.
   Tool, die, or pattern making.
   Upholstery shop.
   Vehicle body shop.
   Vehicle sales or rental.
   Vehicle service and repair.
   Vending or game machine sales or service.
   Warehousing, packaging, distribution or storage facility.
   Welding services.
   Wholesale sales or distributor. (Ord. 52-09, 10-19-2009; amd. Ord. 63-10, 12-20-2010; Ord. 54-19, 12-16-2019; Ord. 30-21, 9-20-2021)

16-5-19-2: CONDITIONAL USES:

The following conditional uses may be permitted in the HI district, subject to the provisions of section 16-8-5 of this title:
   Licensed adult day services.
   Residential use.
   Retail sales and service.
   Wind energy conversion system. (Ord. 52-09, 10-19-2009; amd. Ord. 54-19, 12-16-2019)

16-5-19-3: ACCESSORY USES:

The following uses are permitted as accessory uses as provided in section 16-3-7 of this title:
   Any use customarily incidental and subordinate to the principal use it serves.
   Drive-up automated bank teller.
   Wind turbine (building mounted). (Ord. 52-09, 10-19-2009)

16-5-19-4: TEMPORARY USES:

The following uses may be permitted as temporary uses in the HI district in conformance with the provisions of section 16-3-19 of this title:
   Any use listed as a permitted use within the district. (Ord. 52-09, 10-19-2009)

16-5-19-5: PARKING:

Minimum parking requirements shall be regulated in conformance with the provisions of chapter 14 of this title. (Ord. 52-09, 10-19-2009)

16-5-19-6: SIGNS:

Signs shall be regulated in conformance with the provisions of chapter 15 of this title. (Ord. 52-09, 10-19-2009)

16-5-19-7: BULK REGULATIONS:

 
HI Heavy Industrial
Minimum
Lot Area
Minimum
Lot
Frontage
Maximum Lot
Coverage
(Lot Area)
Setbacks
Maximum
Height
Front
Minimum
Side1
Minimum
Rear2
Minimum
Maximum
Vehicle sales
20,000
sq. ft.
-
-
-
-
-
-
150 ft.
All other uses
-
-
-
-
-
-
-
150 ft.
 
Notes:
   1.    When abutting a residential or office residential district, a 20 foot side setback is required.
   2.    When abutting a residential or office residential district, a 20 foot rear setback is required.
 
(Ord. 52-09, 10-19-2009)

16-5-20: MHI MODIFIED HEAVY INDUSTRIAL:

The MHI district is intended to provide locations for most heavy industrial uses, while also serving as a buffer for transitional and redeveloping areas, particularly along the U.S. 61/151 freeway corridor, from the most intense industrial uses which, by their nature, generate levels of smoke, dust, noise, odors, or other visual impacts that render them incompatible with virtually all other land uses. This district is also intended to provide locations for a limited amount of commercial development that will serve employees of surrounding industrial uses. (Ord. 52-09, 10-19-2009)

16-5-20-1: PRINCIPAL PERMITTED USES:

The following uses are permitted in the MHI district:
   Agricultural supply sales.
   Animal hospital or clinic.
   Auto part supply.
   Automated gas station.
   Bakery (wholesale/commercial).
   Bank, savings and loan, or credit union.
   Bar or tavern.
   Business services.
   Car wash, full service.
   Car wash, self-service.
   Cold storage or locker plant.
   Construction supply sales or service.
   Contractor shop or yard.
   Convenience store.
   Dental or medical lab.
   Drive-up automated bank teller.
   Farm implement sales, service or repair.
   Freight transfer facility.
   Fuel or ice dealer.
   Furniture upholstery or repair.
   General office.
   Indoor recreation facility.
   Indoor restaurant.
   Kennel.
   Laboratory for research or engineering.
   Licensed childcare center.
   Lumberyard or building material sales.
   Mail order house.
   Manufacturing, primary.
   Manufacturing, secondary.
   Miniwarehousing.
   Mobile home sales.
   Moving or storage facility.
   Off street parking lot.
   Parking structure.
   Passenger transfer facility.
   Pet daycare or grooming.
   Printing or publishing.
   Processing, packaging, or storing meat, dairy or food products, but not including slaughterhouse or stockyard.
   Railroad or public or quasi-public utility, including substation.
   Registered child development home.
   Resource recovery/recycling center (indoor only).
   Restaurant, drive-in or carryout.
   Service station.
   Tool, die, or pattern making.
   Upholstery shop.
   Vehicle body shop.
   Vehicle sales or rental.
   Vehicle service or repair.
   Vending or game machine sales or service.
   Warehousing, packaging, distribution, or storage facility.
   Welding services.
   Wholesale sales or distributor. (Ord. 52-09, 10-19-2009; amd. Ord. 54-19, 12-16-2019; Ord. 30-21, 9-20-2021)

16-5-20-2: CONDITIONAL USES:

The following conditional uses may be permitted in the MHI district, subject to the provisions of section 16-8-5 of this title:
   Grain or barge terminal.
   Licensed adult day services.
   Residential use.
   Wind energy conversion system. (Ord. 52-09, 10-19-2009; amd. Ord. 50-10, 8-16-2010; Ord. 54-19, 12-16-2019)

16-5-20-3: ACCESSORY USES:

The following uses shall be permitted as accessory uses as provided in section 16-3-7 of this title:
   Any use customarily incidental and subordinate to the principal use it serves.
   Drive-up automated bank teller.
   Wind turbine (building mounted). (Ord. 52-09, 10-19-2009)

16-5-20-4: TEMPORARY USES:

The following uses shall be permitted as temporary uses in the MHI district in conformance with the provisions of section 16-3-19 of this title:
   Any use listed as a permitted use within the district. (Ord. 52-09, 10-19-2009)

16-5-20-5: PARKING:

Minimum parking requirements shall be regulated in conformance with the provisions of chapter 14 of this title. (Ord. 52-09, 10-19-2009)

16-5-20-6: SIGNS:

Signs shall be regulated in conformance with the provisions of chapter 15 of this title. (Ord. 52-09, 10-19-2009)

16-5-20-7: BULK REGULATIONS:

 
MHI Modified
Heavy Industrial
Minimum
Lot Area
Minimum
Lot
Frontage
Maximum Lot
Coverage
(Lot Area)
Setbacks
Maximum
Height
Front (Feet)
Minimum
Side1
Minimum
Rear2
Minimum
Maximum
Vehicle sales
20,000 sq. ft.
-
-
-
-
-
-
150 ft.
All other uses
-
-
-
-
-
-
-
150 ft.
 
Notes:
   1.    When abutting a residential or office residential district, a 20 foot side setback is required.
   2.    When abutting a residential or office residential district, a 20 foot rear setback is required.
 
(Ord. 52-09, 10-19-2009)

16-5-21: AG AGRICULTURE:

The AG district is intended to conserve farmland for agricultural purposes and to serve as a "holding" zone to prevent the premature development of large land acreages and of recently annexed land for which the most appropriate future use has not yet been determined. (Ord. 52-09, 10-19-2009)

16-5-21-1: PROHIBITED USES:

The following uses are prohibited in the AG district:
   Feedlot.
   Livestock confinement operation. (Ord. 52-09, 10-19-2009)

16-5-21-2: PRINCIPAL PERMITTED USES:

The following uses are permitted in the AG district:
   Farming and agriculture, including the raising of field crops and livestock, horticulture, forestry, animal husbandry, and similar farming activities.
   Noncommercial nursery.
   Railroad or public or quasi-public utility, including substation. (Ord. 52-09, 10-19-2009)

16-5-21-3: CONDITIONAL USES:

The following conditional uses may be permitted in the AG district subject to the provisions of section 16-8-5 of this title:
   Kennel.
   Quarry.
   Retail sale of agricultural products.
   Wind energy conversion systems.
   Winery. (Ord. 35-15, 5-18-2015)

16-5-21-4: ACCESSORY USES:

The following uses may be permitted as accessory uses as provided in section 16-3-7 of this title:
   Barbed wire or electric fences when used for livestock containment.
   Barn, shed or similar structure.
   Seasonal sale of produce grown on site.
   Single-family detached dwelling, provided it is located on a lot of ten (10) acres or more and is incidental and subordinate to an active agricultural use it serves.
   Wind turbine (building mounted). (Ord. 52-09, 10-19-2009)

16-5-21-5: TEMPORARY USES:

Temporary uses shall be regulated in conformance with the provisions of section 16-3-19 of this title. (Ord. 52-09, 10-19-2009)

16-5-21-6: PARKING:

Minimum parking requirements shall be regulated in conformance with the provisions of chapter 14 of this title. (Ord. 52-09, 10-19-2009)

16-5-21-7: SIGNS:

Signs shall be regulated in conformance with the provisions of chapter 15 of this title. (Ord. 52-09, 10-19-2009)

16-5-21-8: BULK REGULATIONS:

Reserved for future use.
 
(Ord. 52-09, 10-19-2009)

16-5-22: ID INSTITUTIONAL:

   A.   The city council finds that several factors distinguish institutions from other land use activities. The most significant feature of institutions is their tendency to function as substantially separate communities within the city. They maintain a large and definable resident population within a more or less discrete geographical area. Typically, a broad range of essential living services and facilities are provided by the institutions internally for both its resident and transitory populations. A second common feature of institutions is a primary educational, medical, religious, or charitable purpose. This distinguishes them from commercial nursing homes, hotels, boarding houses, and similar uses.
   B.   The ID institutional district is intended to address the particular problems and characteristics of Dubuque's many institutional facilities. It is the intent of this title that this district shall only be applied to facilities possessing the characteristics of an institutional use set forth in this section 16-5-22.
   C.   It is further the intent of this title that, because of the very substantial impact institutional uses may have upon the surrounding community, no expansion of an existing ID district will be permitted except in accordance with the provisions of this section 16-5-22, which requires a conceptual development plan to be filed and approved prior to institutional reclassification or substantial on premises expansions. (Ord. 52-09, 10-19-2009)

16-5-22-1: PRINCIPAL PERMITTED USES:

The following uses are permitted in the ID district, subject to the limitations found in this section 16-5-22:
   Business and secretarial school.
   Classroom, laboratory, lecture hall, auditorium or similar place of institutional assembly.
   College or university.
   Existing private use or structure for which the R-3 district standards shall apply.
   Farm, garden, nursery or greenhouse.
   Hospital.
   Library or museum.
   Medical facility and operation for the diagnosis, care, and treatment of human health disorders, including examination or operating rooms, physical therapy or X-ray facilities, psychiatric treatment, convalescent care, and similar hospital related uses. This provision shall include separate doctors' clinic, drugstore, or other medical facility not owned or operated by the principal institution, but only where such facility is functionally related to the institution and is included within the original institutional district boundary or the approved preliminary development plan.
   Nursing or convalescent home for institutional residents or affiliates.
   Office for administrative personnel or other institutional employees or affiliates.
   Outpatient care facility.
   Place of religious worship or exercise.
   Recreational or athletic facility for the primary use and benefit of institutional residents or affiliates.
   Residential care facility.
   Seminary.
   Single-, two-, or multiple-family dwelling to house institutional residents or affiliates.
   Vocational school. (Ord. 52-09, 10-19-2009)

16-5-22-2: CONDITIONAL USES:

The following uses may be permitted in the ID institutional district, subject to the provisions of section 16-8-5 of this title:
   Wind energy conversion system. (Ord. 52-09, 10-19-2009)

16-5-22-3: ACCESSORY USES:

The following uses may be permitted as accessory uses as provided in section 16-3-7 of this title:
   All other uses customarily incidental to the principal permitted use in conjunction with which such accessory use is operated or maintained, but not to include commercial uses outside a principal building.
   As an accessory use to a medical institution, and located entirely within a principal building, a facility for the compounding, dispensing, or sale of drugs or medicines, prosthetic devices, lotions and preparations, dental care supplies, eyewear, bandages or dressings, and similar medical or health related supplies.
   As an accessory use to an educational institution and located entirely within a principal building, bookstore, or bar seating not more than seventy five (75) persons at one time and located not closer than two hundred feet (200') from the nearest residential or office residential district.
   Licensed adult day services.
   Licensed childcare center.
   Off street parking and loading.
   Restaurant or cafeteria; flower shop; gift shop; and candy, cigar, or magazine stand; but only when operated and located entirely within a principal building.
   Wind turbine (building mounted). (Ord. 52-09, 10-19-2009)

16-5-22-4: DISTRICT ESTABLISHMENT, EXPANSION AND MODIFICATION:

   A.   Application And Conceptual Development Plan Submission: Application for district establishment, expansion, or modification of new or existing structures within an established ID district shall be filed, along with the appropriate filing fee with the planning services department. The application shall be accompanied by a conceptual development plan including:
      1.   Written Information:
         a.   Legal description and address of property;
         b.   Name, address and phone number(s) of the property owner(s);
         c.   Proposed construction and landscaping schedule indicating the timing and sequence of each development activity;
         d.   Existing and proposed uses for all buildings or structures;
         e.   Total area of property and all structures, existing and proposed; and
         f.   Present and proposed type and number of parking spaces on the property.
      2.   Graphic Materials:
         a.   Complete property dimensions;
         b.   The location, grade, and dimensions of all present and/or proposed streets or other paved surfaces and engineering cross sections of proposed new curbs and pavement;
         c.   Proposed parking and traffic circulation plan, if applicable, showing location and dimensions of parking stalls, dividers, planters or similar permanent improvements; perimeter screening treatment, including landscaping, etc.;
         d.   Location and dimensions of all buildings or major structures, both proposed and existing, showing exterior dimensions, number and area of floors, location, number and type of dwelling units, height of building(s), etc.;
         e.   Existing and proposed contours of the property taken at regular contour intervals not to exceed five feet (5'), or two feet (2') if the city planner determines that greater contour detail is necessary to satisfactorily make the determinations required by this title;
         f.   The general nature, location, and size of all significant existing natural land features, including, but not limited to, sidewalks or paths, tree or bush masses, all individual trees over six inches (6") in diameter, grassed areas, surface rock and/or soil features, and all springs, streams, or other permanent or temporary bodies of water; and
         g.   A location map or other drawing at appropriate scale showing the general location and relation of the property to surrounding areas, including, where relevant, the zoning and land use pattern of adjacent properties, the existing street system in the area, location of nearby public facilities, etc.
   B.   Commission Hearing: A public hearing shall be held by the zoning advisory commission on the application and conceptual development plan in the same manner and with the same public notice procedure as required for zoning classifications.
   C.   Commission Recommendation: The zoning advisory commission's recommendation shall be transmitted to the city council with a statement of reasons in support of the recommendation. If the recommendation is one of approval, it shall contain recommended conditions or restrictions to be included in an ordinance authorizing the establishment or expansion of the ID district or its uses. The conditions or restrictions shall include, but not be limited to:
      1.   Time limitations, if any, for submission of final development plans and commencement of construction.
      2.   Uses permitted in this district.
      3.   Lot and bulk and performance standards for the development and operation of the permitted uses.
      4.   Requirement that any transfer of ownership or lease of property in the district include in the transfer or lease agreement a provision that the purchaser or lessee acknowledges awareness of the conditions authorizing the establishment of the district.
   D.   Conceptual Development Plan Approval: The zoning advisory commission shall not approve the conceptual development plan unless and until the commission determines that such plan conforms to each of the following standards:
      1.   The conceptual development plan is in substantial conformance with adopted comprehensive plans to guide the future growth and development of Dubuque.
      2.   Expansions contemplated by the plan are justifiable and reasonable in light of the projected needs of the institution and the public welfare.
      3.   The proposed additions or expansions are designed so as to be functionally integrated with the existing institutional facilities, with due regard to maintenance of safe, efficient, and convenient vehicular and pedestrian traffic.
      4.   The proposed additions or expansions of use are permitted in the district and are of a location, size, and nature such that they are not likely to interfere with the appropriate use and enjoyment of property in abutting districts.
      5.   The conceptual development plan will not violate any provision or requirement of this title.
      6.   Approval of the conceptual development plan shall be valid for a period of three (3) years, provided that after the first year, if no final site development plan has been filed, the commission or council may require the resubmission of a conceptual development plan in conformity with the procedures and standards of this section 16-5-22.
      7.   A new or amended conceptual development plan may be filed at any time following council approval.
   E.   Council Action: Upon receiving the recommendation of the commission, the city council shall act in the manner provided by law to approve or disapprove the requested zoning reclassification of the property. The affirmative vote of at least three-fourths (3/4) of all the membership of the council shall be necessary to approve the conceptual development plan when the commission has recommended disapproval thereof, or to remove any conditions, requirements, or limitations imposed by the commission in approving the conceptual development plan.
   F.   Submission Of Final Site Development Plan: After passage of the ordinance authorizing the establishment of an ID institutional district by the city council, the applicant shall submit final site development plans to the city planner within the period of time, if any, specified in said ordinance. The plans shall include detailed information as required of a final site plan for adequate consideration of the plans. The city planner will judge the final site development plan for its conformance with the approved conceptual development plan, and if found to be in conformance with said plan, the issuance of building permits shall be permitted. Following approval of the final site development plan, no construction may take place except in substantial conformance with such plan. If the project is phased, then each phase would be considered on its own merit and be evaluated on the specific ordinance requirements establishing the district. The plans shall satisfy the subdivision regulations and other pertinent city ordinances where applicable.
   G.   Development According To Final Site Development Plan:
      1.   Site Development Plan Review: No building permit shall be issued on any site unless a site development plan has been submitted and approved in accordance with the provisions of chapter 12 of this title and such plan conforms with the conditions of the adopted conceptual development plan.
      2.   Construction Of Improvements Or Posting Of Bond: No buildings may be erected and no uses may occupy any portion of the district until the required related off site improvements are constructed or appropriate security as determined by the zoning commission is provided to ensure construction. If the institutional district is to be developed in phases, all improvements necessary to the proper operation and functioning of each phase even though same may be located outside of the section, must be constructed and installed, or appropriate security as determined by the zoning commission must be provided to ensure their construction.
   H.   Changes From Plan: After recording of a final site development plan, changes not inconsistent with the purpose or intent of this section 16-5-22 may be approved by the zoning advisory commission. Changes affecting the purpose or intent of this section 16-5-22 shall require a new petition to be filed. (Ord. 52-09, 10-19-2009)

16-5-22-5: COMMENCEMENT OF USE BY PARTIES UNASSOCIATED WITH PRINCIPAL INSTITUTION PROHIBITED:

   A.   Within an existing ID institutional district, no principal use other than those provided for in this district may be commenced by any person(s) except:
      1.   The principal institution or its agent; or
      2.   A person under contractual or other legally binding obligation to provide services to such institution (e.g., the independent operator of a student cafeteria); or
      3.   The person or persons operating a doctors' clinic or other facility permitted under the principal permitted uses of this section 16-5-22.
   B.   The purpose of this provision is to prohibit the commencement of principal uses unrelated to the promotion of the primary educational, charitable, religious, or medical purpose of the institution, by requiring purchasers of institutional land and/or buildings to seek appropriate reclassification of the property prior to commencement of any noninstitutional use on the premises. (Ord. 52-09, 10-19-2009)

16-5-22-6: DISTRICT STANDARDS:

The specific ordinance establishing a particular institutional district, or resolutions adopted pursuant thereto, shall provide standards for the design, development, operation and maintenance of uses and structures. These standards may include, but are not limited to:
   A.   Control of operations outside of enclosed buildings.
   B.   Control of lighting and utilities.
   C.   Provision of landscaping and protection of natural areas.
   D.   Control of refuse collection areas.
   E.   Off street parking and loading requirements. When parking requirements are not included in the adopting ordinance establishing the specific ID district, then chapter 14 of this title shall apply.
   F.   Control of signage. When signage requirements are not included in the adopting ordinance establishing the specific ID district, then chapter 15 of this title shall apply. (Ord. 52-09, 10-19-2009)

16-5-22-7: BULK REGULATIONS:

 
ID Institutional
Minimum
Lot Area
Minimum
Lot
Frontage
Maximum Lot
Coverage
(Lot Area)
Setbacks
Maximum
Height2
Front
Minimum
Side1
Minimum
Rear1
Minimum
Maximum
All uses
-
-
-
20 ft.
-
10 ft.
10 ft.
120 ft.
 
Notes:
   1.    When abutting a residential or office residential district, the setback shall be increased by an additional 2 feet per story above the first.
   2.    Height shall be measured from the lowest at grade elevation along any wall.
 
(Ord. 52-09, 10-19-2009)

16-5-23: POS PUBLIC OPEN SPACE:

The POS district is intended to provide open space for passive recreation, to protect and conserve natural, historic or cultural resources, to provide habitat for wildlife, to prevent development in environmentally sensitive locations such as bluffs, wetlands, floodplains and drainageways; to serve as a buffer between differing land uses or to provide natural beauty in an urban environment. (Ord. 52-09, 10-19-2009)

16-5-23-1: PRINCIPAL PERMITTED USES:

The following uses are permitted in the POS district:
Golf course.
Parks, public or private, and similar natural recreation areas.
Railroad and public or quasi-public utility, including substation, but not including offices or storage. (Ord. 52-09, 10-19-2009; amd. Ord. 17-13, 3-18-2013)

16-5-23-2: CONDITIONAL USES:

The following conditional uses may be permitted in the POS district, subject to the provisions of section 16-8-5 of this title:
Recreational use. (Ord. 52-09, 10-19-2009)

16-5-23-3: ACCESSORY USES:

The following uses may be permitted as accessory uses as provided in section 16-3-7 of this title:
Any use customarily incidental and subordinate to the principal use it serves. (Ord. 52-09, 10-19-2009)

16-5-23-4: TEMPORARY USES:

The following uses may be permitted as temporary uses in the POS district in conformance with the provisions of section 16-3-19 of this title:
Uses of a recreational or amusement nature. (Ord. 52-09, 10-19-2009)

16-5-23-5: PARKING:

Minimum parking requirements shall be regulated in conformance with the provisions of chapter 14 of this title. (Ord. 52-09, 10-19-2009)

16-5-23-6: SIGNS:

Signs shall be regulated in conformance with the provisions of chapter 15 of this title. (Ord. 52-09, 10-19-2009)

16-5-23-7: BULK REGULATIONS:

 
POS Public Open Space
Minimum
Lot Area
Minimum
Lot
Frontage
Maximum Lot
Coverage
(Lot Area)
Setbacks
Maximum
Height
Front
Minimum
Side
Minimum
Rear
Minimum
Maximum
All uses
-
-
-
25 ft.
-
25 ft.
25 ft.
-
 
(Ord. 52-09, 10-19-2009)

16-5-24-1: PURPOSE:

   A.   The planned unit development (PUD) district is intended to encourage flexible and innovative design in the development of appropriate sites as integrated project units. Regulations for this district are designed to:
      1.   Allow a workable, interrelated mix of diverse land uses.
      2.   Encourage flexibility in design for efficiency and cost savings for the developer and the community.
      3.   Maximize the potential for large scale office, residential, commercial and industrial development and at the same time reduce to a minimum the impact of the development on surrounding land uses and the natural environment.
      4.   Encourage new development to preserve and utilize existing land characteristics and features which offer visual recreational benefits or other amenities.
      5.   Promote the economic, attractive, innovative and harmonious arrangement and design of new buildings, streets, utilities and other improvements or structures.
      6.   Provide a living, working and shopping environment within the layout of the site that contributes to a sense of community and a coherent lifestyle.
      7.   Provide for the creation and preservation of more and larger usable public or common open spaces than would normally be provided under conventional development.
      8.   Encourage the careful design and planning of larger development projects.
      9.   Give developers reasonable assurances regarding project approvals before the unnecessary expenditure of design efforts, while providing the city with appropriate assurances that approved PUDs will retain the character envisioned at the time of project approval.
   B.   Property may be reclassified to the planned unit development designation when the proposed development plan will promote the purpose of the district and this title and is formulated in conformance with the review procedures and standards of this chapter. (Ord. 52-09, 10-19-2009)

16-5-24-2: GENERAL REQUIREMENTS:

A PUD may be established on any parcel of two (2) acres or more in size for residential, office, commercial or industrial development. A PUD is required for all retail commercial uses open to the public or members which have over sixty thousand (60,000) square feet of building area. A PUD is also required for regional shopping centers, manufactured home parks, biofuels production facilities, commercial wind energy conversion systems and for all new industrial parks and all new office parks. Any structure existing at the time of adoption of this title which is expanded for retail commercial use to over sixty thousand (60,000) 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 this chapter, including rezoning to PUD. Such PUD district designation(s) shall be shown on the official zoning map as a P followed by a letter designating the primary use, C (commercial), O (office), I (industrial), or R (residential); i.e., PC, PO, PI, and PR. (Ord. 52-09, 10-19-2009)

16-5-24-3: DEVELOPMENT REGULATIONS:

Lots, uses, signs and structures shall conform to the bulk, sign, parking and any other development regulations specifically provided in the ordinance establishing the PUD; however, PUD districts established prior to adoption of this title without specific bulk, sign, parking and other development regulations shall be regulated by the regulations of the most compatible district allowing the existing uses which are in the PUD. In all PUDs the following minimum standards shall be met:
   A.   General Standards:
      1.   The density and design of the PUD shall be compatible in use, size and type of structure, relative amount of open space, traffic circulation and general layout with adjoining land uses, and shall be integrated into the neighborhood.
      2.   The PUD shall take into consideration the impact in existing streets and utilities.
      3.   The economic, environmental and neighborhood impacts of the development shall be considered.
      4.   The PUD shall conform to the adopted comprehensive plan.
   B.   Specific Standards:
      1.   Maximum land coverage of all buildings and impermeable areas shall be established.
      2.   Minimum open space shall be established and continued maintenance of the open space shall be provided in the specific PUD ordinance.
      3.   Minimum interior and perimeter setbacks shall be established.
      4.   Maximum height limitations shall be established.
      5.   Minimum landscape screening requirements shall be established.
      6.   Sign regulations for the PUD development shall be established.
      7.   Provision for the continued maintenance of all improvements shall be noted within the ordinance establishing the PUD district.
   C.   Other Conditions: Other conditions may be required, if found necessary to protect and promote the best interests of the surrounding property or the neighborhood. These conditions may include, but are not limited to, the following:
      1.   Improvement of traffic circulation for vehicles and pedestrians in the proposed development and adjoining properties and streets.
      2.   Specific landscaping/screening/lighting requirements to maintain privacy or reduce impacts in adjoining properties.
      3.   Joint use of private open space or amenities by adjoining property owners.
   D.   Natural Topography And Major Grade Changes: Due consideration shall be given to the natural topography and major grade changes shall be avoided. If the development includes hillsides and slopes, special evaluation is given to geological conditions, erosion and topsoil loss.
   E.   Unfavorable Development Conditions: If unfavorable development conditions exist, the zoning advisory commission and city council may restrict clearing, cutting, filling, or other substantial changes in the natural conditions of the affected area. (Ord. 52-09, 10-19-2009)

16-5-24-4: PROCEDURE TO ESTABLISH, AMEND, OR EXPAND PUD:

   A.   Preapplication Conference: Prior to any application for PUD district establishment, the applicant and/or their representative shall meet with planning services staff to determine the applicability of the development, timing of procedure, and any other information pertinent to the proposal.
   B.   Application And Submission Of Conceptual Development Plan: After the preapplication conference, the application for PUD district establishment shall be filed with the established filing fee with the planning services office. The application shall be submitted with a conceptual development plan, which shall include the following:
      1.   Legal description and address of property.
      2.   Name, address and phone number(s) of the property owner(s).
      3.   Number, type and general location of residential units.
      4.   General location and type of nonresidential uses including commercial, office and industrial uses.
      5.   List of principal permitted uses, conditional uses, accessory uses, and temporary uses.
      6.   General location and type of recreational (passive and active) and open space (usable and nonusable) areas.
      7.   Location of existing infrastructure and utilities, including: streets with appropriate grades; sidewalks; access drives; water, sanitary sewer and storm sewer drainage systems, where appropriate.
      8.   Proposed access to public right of way, including approximate grades, traffic projections and general indication of traffic control measures.
      9.   Sketches to indicate the general design of building types and the overall character of development.
      10.   Existing contours of the property taken at regular contour intervals.
      11.   Proposed parking facilities, including surface lots, ramps and loading/delivery areas.
      12.   Location of natural features, including woods, bluffs, waterway courses, floodways and meadows.
      13.   Conceptual landscape plan showing berms, plantings and fences.
      14.   Proposed development conditions for bulk, sign and parking regulation.
      15.   A location map or other framing at appropriate scale showing the general location and relation of the property to surrounding areas, including the zoning and land use pattern of adjacent properties, the existing street system in the area, and location of nearby public facilities.
      16.   Other information as required by the planning services department as necessary.
   C.   Commission Hearing: A public hearing shall be held by the zoning advisory commission on the PUD application in the same manner and with the same public notice procedure as required for zoning reclassification. (Ord. 52-09, 10-19-2009)

16-5-24-5: PLAN APPROVAL STANDARDS:

The PUD shall not be approved unless and until the city council determines that the conceptual development plan conforms to each of the following standards:
   A.   The conceptual development plan is in substantial conformance with the comprehensive plan to guide the future growth and development of the city.
   B.   The proposed development is designed so as to be functionally integrated with existing city streets, sanitary and storm sewer and water service.
   C.   The proposed development shall not interfere with the appropriate use and enjoyment of property on abutting districts.
   D.   The conceptual development plan will not violate any provision or requirement of this title.
   E.   Natural drainage areas are retained as appropriate and improved if necessary.
   F.   Due consideration is given to preserving natural site amenities and minimizing the disturbance to the natural environment.
   G.   Existing trees are preserved wherever possible, and the location of trees will be considered in designing building locations, underground services, and paved areas.
   H.   If the development includes floodplain areas, any development within the floodplain shall conform to the floodplain hazard overlay district regulations in accordance with section 16-6-4 of this title. (Ord. 52-09, 10-19-2009)

16-5-24-6: COMMISSION RECOMMENDATION:

The zoning advisory commission's recommendation shall be transmitted to the city council with a statement of reasons in support of, or in opposition to, the application, and with recommended conditions or restrictions to be included in an ordinance authorizing the PUD district. The conditions or restrictions shall include, but not be limited to:
   A.   Time limitations, if any, for submission of final site plans and commencement of construction.
   B.   Uses permitted in the district.
   C.   Lot, bulk and performance standards for the development and operation of the permitted uses.
   D.   Requirement that any transfer of ownership or lease of property in the district include in the transfer or lease agreement a provision that the purchaser or lessee acknowledges awareness of the conditions authorizing the establishment of the district.
   E.   The submittal and approval of a final site plan may be required by the zoning advisory commission to determine if the final detailed plans are in conformance with the conceptual development plan. (Ord. 52-09, 10-19-2009)

16-5-24-7: COUNCIL ACTION:

   A.   Upon the recommendation of the zoning advisory commission, the city council shall act in the manner provided by law to approve or disapprove the requested PUD zoning reclassification of the property. The affirmative vote of at least three-fourths (3/4) of all the membership of the council shall be necessary to approve the conceptual development plan when the commission has recommended disapproval thereof, or to remove any conditions, requirements, or limitations imposed by the commission in approving the conceptual development plan.
   B.   The ordinance authorizing the establishment, expansion, or amendment of a PUD district shall be recorded in the office of the Dubuque County recorder at the applicant's expense. (Ord. 52-09, 10-19-2009)

16-5-24-8: DEVELOPMENT TO FOLLOW APPROVED SITE PLAN:

   A.   Submission Of Final Site Plan: After adoption of the ordinance establishing the PUD by the city council, the applicant shall submit a final site plan to the city planner prior to development. The final site plan shall be in substantial conformance with approved conceptual development plan.
   B.   Site Plan Review: No building permit shall be issued for any site unless a final site plan has been submitted and approved in accordance with the provisions of chapter 12 of this title and unless such plan conforms with the conditions of the adopted conceptual development plan and PUD ordinance.
   C.   Construction Of Improvements And Posting Of Bond: No buildings may be erected and no uses may occupy any portion of the PUD district until the required related off site improvements are constructed or appropriate security as determined by the city manager is provided to ensure construction. If the PUD district is to be development in phases, all improvements necessary for the proper operation and functioning of each phase, even though some improvements may be located outside of the section, must be constructed and installed or appropriate security as determined by the city manager must be provided to ensure their construction.
   D.   Changes From Conceptual Plan: After recording of a final site plan, nonmaterial changes consistent with the purpose or intent of this section 16-5-24 may be approved by the city planner. Material changes affecting the purpose or intent of this section 16-5-24 shall require a new application to be filed. (Ord. 52-09, 10-19-2009)