Zoning - Text Amend - Horses(56~) 589~2~0 o~e
(56~) ~89~2~
planning~fityofdubuque.org
June 13, 2001
The Honorable Mayor and City Council Members
City of Dubuque
City Hall - 50 W. 13~ Street
Dubuque IA 52001
RE: Text Amendment to the Zoning Ordinance
Applicant:
Description:
City of Dubuque
To amend Section 3-1.1 Single-Family Residential Distdct of the Zoning
Ordinance to allow the keeping of horses as an accessory use with a conditional
use permit.
Dear Mayor and City Council Members:
The City of Dubuque Zoning Advisory Commission has reviewed the above-cited request. The
application, staff report and related materials are attached for your review:
Discussion
Kyle Kritz, Associate Planner spoke in favor of the request, reviewing that the amendment will
allow the keeping of a maximum of two (2) horses on a minimum of 3.5 acres. The Planning
Department receives four to six inquiries a year from citizens or realtors looking for property that
will allow horses.
The Zoning Advisory Commission discussed the request, noting that it would be more
appropriate to require property owners who want to keep horses on their property to receive a
conditional use permit from the Zoning Board of Adjustment. This process requires notification
of property owners and a public headng that would allow any concerns to be aired before
allowing horses into an area.
Recommendation
By a vote of 6 to 0, the Zoning Advisory Commission recommends that the City Council approve
the request, subject to making the keeping of horses a conditional use in the R-1 Single-Family
Residential District.
A simple majodty vote is needed for the City Council to approve the request.
Respectfully submitted,
Eugene Bird, Jr., Chairpemon
Zoning Advisory Commission
A~achments
Prepared by: Laura Carstens~ City Planner Address: City Hall~ 50 W. 13th ~treet Telephone: 589,.42'10
ORDINANCE NO. 36-01
AN ORDINANCE AMENDING APPENDIX A (THE ZONING ORDINANCE) OF THE CODE OF
ORDINANCES OF THE CITY OF DUBUQUE, IOWA, BY AMENDING SECTION 3-1 .I(D) CONDITIONAL
USES FOR THE R-1 SINGLE-FAMILY RESIDENTIAL DISTRICT TO ALLOW THE KEEPING OF
HORSES OR PONIES AS A CONDITIONAL USE AND AMENDING SECTION 8 DEFINITIONS BY
ADDING DEFINITIONS FOR HORSE AND PONY.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE,
IOWA:
Section 1. Appendix A of the Zoning Ordinance of the City of Dubuque Code of Ordinances
is hereby amended by adding the keeping of horses and ponies as a conditional use to a single-family
residential distdct as follows:
~3.1.1(D)(4): Keeping of homes or ponies provided that:
a)
b)
A minimum of two acres of property is available for the first animal;
A minimum of 1.5 acres of property is available for an additional animal,
up to a maximum of two animals; and
A shelter of at least 150 square feet and enclosed on at least three sides
shall be provided on the property."
Section 2. Appendix A of the Zoning Ordinance of the City of Dubuque Code of Ordinances
is hereby amended adding a new definition to Section 8 as follows:
Home: A large solid-hoofed herbivorous mammal (equus caballus, family Equidae, the
home family) domesticated since a prehistoric pedod and used as a beast of burden, a
draft animal, or for dding.
Pony: A small home, especially one of any of several breeds of very small stocky
animals, noted for their gentleness and endurance.
Section 3. The foregoing amendment has heretofore been reviewed by the Zoning Advisory
Commission of the City of Dubuque, Iowa.
Section 4. This ordinance shall take effect immediately upon publication, as provided by law.
Passed, approved and adopted this 18th day of June, 2001..
Terrance M. Duggan, Mayor
Attest:
Jeanne F. Schneider, City Clerk
City of Dubuque
Planning Services Deparl~ent
Dubuque, [A 52001-4864
Phone: 563-589-4210
Fax: 563-589-422!
PLANNING APPL[CA1/ON FORM
[3 Vadance
E~ Conditional Use Permit
[] Appeal
[] Special Exception
[] Limited Setback Waiver
[] Rezoning
[] Planned District
[] Preliminary Plat
[] Minor Final Plat
[] Text Amendment
[] Simple Site Plan
[] Ninor S'rte Plan
[] Najor Site Plan
[] Najor Final Rat
[] Simple Subdivision
[] Annexation
[] Temporary Use Permit
[] Certificate of= E~onomic Hardship
[] Certificate of Appropriateness
Please twe or print leaiblv in ink
Property owner(s): (3tv of Dubuaue, Zowa
Phone: (563)5894210
Address: City Hall. 50 W. 13m Street C..~/: Dubuaue State: IA Zip:. 52001
Fax Number: (563)589-~221
Hobile/Cellular Number:
Applicant/Agent: Same Phone:
Address: C[b/: . State: Zip:.
Fax Number:
. Mobile/Cellular Number:
Site location/address: All R-1 Districts
Existing zoning: n/a Proposed zoning: n/a Histodc District: n/a Landmark: n/a
Legal Description (E~_JI parcel tD# or lot number/block number/subdivision):.
Total property Oot) area (square feet or acres):_
Describe proposal and reason necessary (attach a letter of explanaUon, if needed): To ~ermithor~es and
oonies (ma~mum of two) to be keot on Io1~ in excess of two 1'2) a~as as a condi#onal u~e in al~
5~nole-fami/v Res/'de~t/al Dist/ic~ ~fl~irl b~e ~ of Oubu~ue.
CERT[F~CATZON: Z/we, the undersigned, do hereby ce~dfy that:
The information submitted herein is true and correct to the best of my/our knowledge and upon
subrnittal becomes public record;
2. Fees are not refundable and payment does not guarantee approval; and
Applicant/Agent: //'/'~///~/// ~///~////~--~ Date:
FOR OFF]ICE USE ONLY - APPLTCA1TON SUBH~LI t AL CHECKLTST
/ l
Siba/sketch plan [] Conceptual Dev(~l~pment Plan DPhoto D Plat
Improvement plans ~] Design review project description [] Floor plan r~ Other:
CITY OF DUBUQUE, IOWA
MEMORANDUM
May 30, 2001
TO:
FROM:
SUBJECT:
Zoning Advisory Commission
Kyle L. Kritz, Associate Planner
Text Amendment to allow keeping horses in R-1 Single-Family
Residential Districts
INTRODUCTION
Planning staff is proposing a text amendment to the City's Zoning Ordinance to allow
the keeping of horses in R-1 Single-Family Residential Districts subject to adequate
acreage and shelter being provided for the homes. The proposed text amendment
would allow a maximum of two horses to be kept as an accessory use to a property that
is zoned R-1 Single-family Residential District. In addition, a definition of a home and
pony would be added to Section 8 Definitions of the Zoning Ordinance.
Planning staff has proposed a text amendment to allow homes in R-1 Single-Family
Residential Districts because of the number of requests received over the Years from
citizens and realtors looking for residential property that can accommodate one or two
horses. In addition, Wayne Stewart is currently requesting annexation of a subdivision
into the City of Dubuque that is designed in part to facilitate the keeping of horses on
the same lot as a single-family home.
DISCUSSION
Planning staff consulted with Jane McCall, Director of the Dubuque County Humane
Society, Susan Barnes, City of Dubuque Animal Control Officer, and Dr. Robert
Hathaway, Dubuque Animal Hospital, in reseamhing for the proposed text amendment.
The major issues regarding the keeping of homes was the amount of acreage needed
to support each animal, and the need to provide a shelter for the homes in inclement
weather. Research indicated that between one and a half and two acres minimum was
needed for the first home, with an additional one to two acres for each additional horse.
The other issue is the need to provide a shelter for the horses in inclement weather. It
was advised that a minimum of a three-sided structure of at least 144 square foot would
be needed for two horses. It was also advised that the structure be of three or four
sides to provide shelter from high winds.
Memo tothe Zoning Advisory Commission
May 30, 2001
Page 2
As a result of the research, Planning staff recommends that the first horse have a
minimum two-acre lot, with an additional one and a half acres for a second horse.
Planning staff recommends that each eligible lot be limited to have a maximum of two
horses. Planning staff does not believe that keeping a maximum of one or two horses
on two to three and a half acre lots would adversely impact adjacent property because
of the limited amount of noise and odors that could be produced by two horses. There
are also several properties currently existing in the City of Dubuque where horses have
been kept for many years and are grandfathered. Staff has not received complaints
regarding these properties.
RECOMMENDATION
Planning staff recommends that the Zoning Advisory Commission review the proposed
text amendment to allow one horse on two acres of property, and a second horse on a
minimum of three and a half acres as an accessory use to a single-family residential
property, provided a minimum three-sided, 150 square foot shelter is provided for the
animals, and that a definition for horse and pony is provided for in Section 8 Definitions
of the Zoning Ordinance.
KLK/mkr
Enclosures