Unified Development Code Amendment on Restaurant, Carry-OutCity of Dubuque
City Council
PUBLIC HEARINGS # 3.
Copyrighted
June 16, 2025
ITEM TITLE: Unified Development Code Amendment on Restaurant,
Carry -Out
SUMMARY: Proof of publication on notice of public hearing to consider a
request from the City of Dubuque to amend the Unified
Development Code to include a definition for Restaurant,
Carry -Out and modify the definition of Restaurant, Drive-
In/Carry-Out and to allow for Restaurant, Carry -Out (not
including drive-in) as a Permitted Use in the C-2
Neighborhood Shopping Center, C-4 Downtown Commercial,
and CR Commercial Recreation zoning districts and as a
Conditional Use in the C-1 Neighborhood Commercial zoning
district, and Zoning Advisory Commission recommending
approval.
ORDINANCE Amending Title 16 Of The City Of Dubuque
Code Of Ordinances, Unified Development Code, By
Amending Sections 16-2-3 Definitions, 16-5-10 C-1
Neighborhood Commercial, 16-5-11 C-2 Neighborhood
Shopping Center, 16-5-14 C-4 Downtown Commercial, And
16-5-17 Cr Commercial Recreation By Adding The
Restaurant, Carryout Definition And Making It A Principal
Permitted Use In C-2, C-4, And CR Districts And A
Conditional Use In The C-1 District
SUGGUESTED Receive and File; Motion B; Motion A
DISPOSITION:
ATTACHMENTS:
1. ZAC Ltr to CC - Carry Out Restaurant
2. Application Text Amendment - Carryout Restaurant
3. Memo - Carryout Restaurant
4. Zoning Map - Carryout Restaurant
5. Ordinance - Text Amendment Carryout Restaurant
6. CC Presentation - Text Amendment Carryout Restaurant
Page 543 of 1053
Planning Services Department
Dubuque
City Hall
THE CITY OF
50 West 1311, Street
IA 52001-4864
DUB El
whwin �4
) I r,Dubuque,
Ij(563)
589-4210 phone
II(563)589-4221fax2007-2012.2013
(563) 690-6678 TDD
Masterpiece on the Mississippi
2017*2019
planning@ci!yofdubuque.org
June 9, 2025
The Honorable Mayor and City Council Members
City of Dubuque
City Hall — 50 W. 13t" Street
Dubuque IA 52001
Applicant: City of Dubuque
Description: To amend the Unified Development Code to include a definition for
Restaurant, Carry -Out and modify the definition of Restaurant, Drive-
In/Carry-Out and to allow for Restaurant, Carry -Out (not including drive-in)
as a Permitted Use in the C-2 Neighborhood Shopping Center, C-4
Downtown Commercial, and CR Commercial Recreation zoning districts
and as a Conditional Use in the C-1 Neighborhood Commercial zoning
district.
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
Staff spoke on behalf of the City of Dubuque, the applicant. Staff explained the recent
request by a business owner to operate a carryout restaurant on the 1400 block of Central
Avenue, which would require a Conditional Use Permit. Staff explained that the Planning
Services Department has received similar requests and as a result have evaluated
whether a the Carryout Restaurant use should be a separate use from the Drive -In
Restaurant use in the code. Staff explained that the two uses have different
characteristics and carryout restaurants are typically less intense and require less space
than drive-in restaurants. Therefore, the Carryout Restaurant use is a more appropriate
to allow as a principal permitted use for a wider set of zoning districts.
The Commission asked how a carryout restaurant differs from a convenience store. Staff
responded that a carryout restaurant serves food that is prepared on site, rather than just
prepackaged food prepared or processed elsewhere.
Trijuana Robinson, the business owner seeking to start the carryout restaurant, thanked
the Commission for advancing the text amendment. She noted she is working with the
Health Department to get a restaurant license.
Service
People
Integrity
Responsibility
Innovation Teamwork
Page 544 of 1053
The Honorable Mayor and City Council Members
Page 2
The Zoning Advisory Commission discussed the request finding it appropriate.
Recommendation
By a vote of 5 to 0, the Zoning Advisory Commission recommends that the City Council
approved the request.
A simple majority vote is needed for the City Council to approve the request.
Respectfully submitted,
Rich Russell, Vice Chairperson
Zoning Advisory Commission
Attachments
Service People Integrity Responsibility Innovation Teamwork
Page 545 of 1053
THE COF
DtUB E
Masterpiece on the Mississippi
Zoning Advisory
Commission
❑ Amended PUD
❑ Rezoning/PUD/ID
❑X Text Amendment
❑ Simple Subdivision
❑ Preliminary Plat
❑ Major Final Plat
❑ Minor Final Plat
❑ Waiver from Site
Design Standards
A. Property Information
Site Location/Address:
Zoning Board of
Adiustment
❑ Conditional Use Permit
❑ Special Exception
❑ Variance
❑ Appeal
City of Dubuque
Legal Description/Parcel ID#/Subdivision:
Existing Zoning: Proposed Zoning:
Historic District:
Development Services
❑ Annexation
❑ Limited Setback Waiver
❑ Site Plan Simple
❑ Site Plan Minor
❑ Site Plan Major
❑ Simple Subdivision
❑ Temporary Use Permit
❑ Port of Dubuque/
Chaplain Schmitt Island
Design Review
City of Dubuque
Planning Services Department
Dubuque, IA 52001-4845
Phone:563-589-4210
Fax: 563-589-4221
planning@)cityofdu buque.org
Historic Preservation Commission
❑ Demolition Review
❑ Historic Revolving Loan
❑ Certificate of Economic Non -Viability
❑ Design Review Certificate of
Appropriateness
❑ Advisory Design Review (Public
Projects)
❑ Historic Designation
Site Area (square feet/acres):
-andmark: ❑ Yes ❑ No
B. Describe proposal and reason for application (attach a letter of explanation, if necessary):
To create a separate definition for Carryout Restaurant and to allow Carryout Restaurant as a Permitted Use
in the C-2. C-4. and CR zonina districts and a Conditional Use in the C-1 zonina district.
C. Applicant/Agent Information
Name: Michael Van Milligen, City Manager Phone: 563-589-4110
Address: 50 W 13th St City: Dubuque
State:lA zip:52001 Email:
D. Property Owner(s) Information
Name(s): N/A
Address:
State: Zip:
Email:
E. Certification: I/we, the undersigned, do hereby certify/acknowledge that:
Phone:
City:
1. Payment does not guarantee approval and fees are nonrefundable;
2. All additional required written and graphic materials are attached;
3. It is the property owner's responsibility to locate property lines and to review the abstract for easements and restrictive
covenants; and
4. The information submitted herein is true and correct to the best of my/our knowledge and upon submittal becomes
public record. 1�
Applicant/Agent: !/ Date: 05/22/2025
Property Owner(s): N/A Date:
Fee $ N/A Ck#
❑CC ❑Cash Received by
Date
Page 546 of 1053
THE COF
DUi! B El
Masterpiece on the Mississippi
TO: Zoning Advisory Commission
FROM: Jason Duba, Assistant Planner
DATE: May 23, 2025
Dubuque
MI-Amerin City
u�,���n� 1 1.
11 1►
2007-2012.2013
2017*2019
SUBJECT: Amend the Unified Development Code Section 16-2-3 to include a definition
for Restaurant, Carry -Out and modify the definition of Restaurant, Drive-
In/Carry-Out and to allow for Restaurant, Carry -Out as a Principal Permitted
Use in the C-2 Neighborhood Shopping Center, C-4 Downtown Commercial,
and CR Commercial Recreation zoning districts and as a Conditional Use in
the C-1 Neighborhood Commercial zoning district.
INTRODUCTION
This memo transmits an application and an ordinance for a proposed Text Amendment
to Section 16-2-3 of the Unified Development Code (UDC) zoning regulations to define
Carryout Restaurant separately from Drive -In Restaurant.
This text amendment would add Carryout Restaurant as a Principal Permitted Use to
three zoning districts: C-2, C-4, and CR; and as a Conditional Use to the C-1 zoning
district.
The UDC notes: "Text amendments are intended for wholesale changes to the zoning
regulations, as a means for the City to respond to changing conditions and emerging
trends in the community. Text amendments are not property specific."
BACKGROUND
The Planning Services Department was recently contacted by a business owner
interested in operating a carryout restaurant on the 1400 block of Central Avenue, located
in a C-4 Downtown Commercial zoning district. The property in question is one the
business owner already owns, and the business plan is to offer grab -and -go options
including "freshly prepared food, refreshing ice snow balls, and packaged snacks."
Staff informed the business owner that the UDC defines this use as a Carryout
Restaurant, and under current C-4 regulations this is allowed only as a Conditional Use
and therefore would require approval of a Conditional Use Permit by the Zoning Board of
Adjustment to operate.
In the recent past, staff have received other inquiries from business owners seeking to
open a carryout restaurant in the city. Currently, the UDC combines carryout restaurant
Page 547 of 1053
Memo — Text Amendment for Carryout Restaurants Page 2
with drive-in restaurant into one use which is listed as "Restaurant, Drive-In/Carryout."
This use is currently defined as follows:
"Any business establishment or portion thereof where food is prepared for sale for
consumption off the premises and/or served in disposable containers or wrappers,
including all fast food restaurants equipped with a drive -through service and/or
having a carryout service, and not serving beer, wine or alcoholic beverages."
In response to a number of inquiries for carryout restaurants since Covid, Staff have
discussed the possibility of separating these two uses, as these types of restaurants have
significantly different characteristics and intensity. This recent business owner's request
provided the impetus to follow through and create two separate uses with distinct
permissions.
The use "Carryout Restaurant (not including drive-in)" is a Principal Permitted Use in the
C-5 Central Business zoning district. It is not included as a separate definition, however,
and it is not listed under any other zoning district. The intent of this text amendment then
is to treat other districts in the same manner and allow the carryout restaurant use to be
separated from the drive-in restaurant use.
DISCUSSION
Staff discussed the distinct characteristics of carryout restaurants and drive-in
restaurants.
• Carryout restaurants typically require significantly less space, as they do not need
to have room for vehicles to queue up at the delivery window.
• Typically, drive-in restaurants are larger and physically separated from other
structures, whereas a carryout restaurant can occupy a single storefront among
an entire block face of businesses.
• Carryout restaurants can occupy the ground floor of mixed use buildings with
residential units above, whereas drive-in restaurants typically are the only use of
that property.
• While many carryout restaurant customers will drive, park near the restaurant, and
walk in to pick up food, these restaurants may have few or no off-street parking
spaces. Many customers will walk directly from their home, place of business,
hotel, etc. to the restaurant. Drive-in restaurants typically have substantial parking
lots and are located in auto -oriented areas.
• The operation of carryout restaurants has changed and perhaps become more
efficient with online ordering in advance, rather than customers arriving to the
restaurant, placing an order, and waiting there for it. This reduces the demand for
parking near the restaurant.
For these reasons, staff feel that the impacts of carryout restaurants are less than those
of drive-in restaurants. Therefore, allowing Restaurant, Carryout as a Principal Permitted
Use in the C-2, CA and CR zoning districts and as a Conditional Use in the C-1 district
should not have an adverse effect. In fact, permitting carryout restaurants may have a
beneficial effect by diversifying the types of businesses in a neighborhood and allowing
Page 548 of 1053
Memo — Text Amendment for Carryout Restaurants Page 3
restaurant owners to offer food options that customers desire. This change also supports
a more walkable community.
To facilitate this change, the new, separate definitions of Restaurant, Carryout and
Restaurant, Drive -In are modified from the existing definition of "Restaurant, Drive-
In/Carryout." The proposed definitions are as follows:
RESTAURANT, CARRYOUT: Any business establishment or portion thereof where
food is prepared for sale for consumption off the premises and/or served in disposable
containers or wrappers, and which may involve seating on the premises of a limited
nature as an accessory use to the restaurant, as defined in this section and not serving
beer, wine or alcoholic beverages.
RESTAURANT, DRIVE-IN: Any business establishment or portion thereof equipped
with a drive -through service where food is prepared for sale for consumption off the
premises and/or served in disposable containers or wrappers and not serving beer,
wine or alcoholic beverages.
In the C-2, C-4, and CR districts, "Restaurant, Drive -In or Carryout" is currently allowed
as a Conditional Use. With the approval of this text amendment, Restaurant, Carryout will
become a Principal Permitted Use and Restaurant, Drive -In will remain a Conditional Use.
In the C-1 district, Indoor Restaurant is a Conditional Use, and Restaurant, Carryout
would be added as a Conditional Use.
In the C-3, LI, HI, and MHI districts, "Restaurant, Drive -In or Carryout" is currently allowed
as a Principal Permitted Use, so both those uses would remain and no changes are
proposed.
RECOMMENDATION
In conclusion, in an effort to allow greater opportunity for carryout restaurants in
commercial zoning districts and support an increase in the walkability of the city, staff
recommends that Unified Development Code Section 16-2-3 be amended to include a
definition for Restaurant, Carry -Out and modify the definition of Restaurant, Drive-
In/Carry-Out to allow for Restaurant, Carry -Out as a Principal Permitted Use in the C-2
Neighborhood Shopping Center, C-4 Downtown Commercial, and CR Commercial
Recreation zoning districts and as a Conditional Use in the C-1 Neighborhood
Commercial zoning district.
Enclosures
Page 549 of 1053
City of Dubuque Zoning
OC-21 C-4, and CR districts outlined in red
zoning OC-1 districts outlined in blue
❑ Single -Family Residential (R-1)
❑ Two -Family Residential (R-2)
Alternate Two -Family Residential (R-2A)
Mod. Density Mufti -Family Residential (R-3)
■ Multi -Family Residential (R-4)
Planned Residential (PR)
■ Offce Commercial (OC)
■ Office Residential (OR)
OffKe Service (OS)
E] Planned Office (PO)
Neighborhood Commercial (C-1)
Neighborhood Shopping Center (C-2)
■ Mixed Use Neighborhood (C-2A)
■ General Commercial (C-3)
. Downtown Commercial (C-4)
. Central Business District (C-5)
. Commercial Recreation (CR)
Commercial Service & Wholesale (CS)
Planned Commercial (PC)
Light Industrial (LI)
■ Heavy Industrial (HI)
El Modified Heavy Industrial (MHI)
D Planned Industrial (PI)
Institutional (ID)
■ Public Open Space (POS)
❑ Agricultural (AG)
Agncultural with a Rural Residential Overlay District
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Prepared by: Wally Wernimont, City Planner Address: City Hall, 50 W. 13th St Telephone: 563-589-4210
Return to: Adrienne Breitfelder, City Clerk Address: City Hall, 50 W. 1311 St Telephone: 563-589-4121
ORDINANCE NO. 22 - 25
AN ORDINANCE AMENDING TITLE 16 OF THE CITY OF DUBUQUE CODE OF
ORDINANCES, UNIFIED DEVELOPMENT CODE, BY AMENDING SECTIONS 16-
2-3 DEFINITIONS, 16-5-10 C-1 NEIGHBORHOOD COMMERCIAL, 16-5-11 C-2
NEIGHBORHOOD SHOPPING CENTER, 16-5-14 C-4 DOWNTOWN
COMMERCIAL, AND 16-5-17 CR COMMERCIAL RECREATION BY ADDING THE
RESTAURANT, CARRYOUT DEFINITION AND MAKING IT A PRINCIPAL
PERMITTED USE IN C-2, C-4, AND CR DISTRICTS AND A CONDITIONAL USE
IN THE C-1 DISTRICT
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. That Title 16 of the City of Dubuque Code of Ordinances, Unified
Development Code, by amending Section 16-2-3 is hereby amended as follows:
16-2-3 DEFINITIONS
RESTAURANT, CARRYOUT: Any business establishment or portion thereof
where food is prepared for sale for consumption off the premises and/or
served in disposable containers or wrappers, and which may involve seating
on the premises of a limited nature as an accessory use to the restaurant, as
defined in this section and not serving beer, wine or alcoholic beverages.
RESTAURANT, DRIVE- IN: Any business establishment or portion thereof
equipped with a drive -through service where food is prepared for sale for
Ordinance 22 - 25
Page 2
consumption on or off the premises and/or served in disposable containers
or wrappers and not serving beer, wine or alcoholic beverages.
Section 2. That Title 16 of the City of Dubuque Code of Ordinances, Unified
Development Code, by amending Sections 16-2-3 Definitions, 16-5-10 (C-1), 16-5-11 (C-
2), 16-5-14 (C-4), and 16-5-17 (CR), are hereby amended as follows:
16-5-10 C-1 NEIGHBORHOOD COMMERCIAL
16-5-10-2 Conditional Uses
Restaurant, Carryout
16-5-11 C-2 NEIGHBORHOOD SHOPPING CENTER
16-5-11-1 Principal Permitted Uses
Restaurant, Carryout
16-5-11-2 Conditional Uses
Restaurant, Drive -In -or Carr-yout
16-5-14 C-4 DOWNTOWN COMMERCIAL
16-5-14-1 Principal Permitted Uses
Restaurant, Carryout
16-5-14-2 Conditional Uses
Restaurant, Drive -In
16-5-17 CR COMMERCIAL RECREATION
16-5-17-1 Principal Permitted Uses
Restaurant, Carryout
16-5-17-2 Conditional Uses
Restaurant, Drive -In -or Carryout
Section 3. The foregoing amendment has heretofore been reviewed by the
Zoning Advisory Commission of the City of Dubuque, Iowa.
Ordinance 22 - 25
Page 3
Section 4. This ordinance shall take effect immediately upon publication, as
provided by law.
Passed, approved, and adopted this 161" day of June 2025.
POWER
C . • &I gh, Mayor
Attest:
Adrienne N. Breitfelder, City Clerk
Text Amendment:
Carryout Restaurant
To amend the Unified Development Code to include a definition for Restaurant,
Carry -Out and modify the definition of Restaurant, Drive-In/Carry-Out and to allow
for Restaurant, Carryout (not including drive-in) as a Permitted Use in the C-2
Neighborhood Shopping Center, C-4 Downtown Commercial, and CR Commercial
Recreation zoning districts and as a Conditional Use in the C-1 Neighborhood
Commercial zoning district.
City Council Meeting
June 16, 2025
Background & Current UDC Standards
➢ Staff received a recent request to allow for a Carryout
Restaurant use onlv on the 1400 block of Central Ave.
• Staff has had other requests for Carryout Restaurant
only in the past, especially since Covid
➢ UDC currently allows for "Restaurant, Drive-In/Carryout" as a
combined use.
➢ In the C-4 Downtown Commercial zoning district, the UDC
requires a Conditional Use Permit for a "Restaurant, Drive-
In/Carryout" use.
➢ Carryout Restaurant (not including drive-in) is currently a
Permitted Use in the C-5 Central Business zoning district.
Discussion
➢ Characteristics of Carryout Restaurants & Drive -In Restaurants:
■ Carryout restaurants typically require significantly less space and do not
require vehicle queuing space for delivery windows.
■ Typically, Drive -In Restaurants are larger & physically separated from
other structures - Carryout Restaurant can occupy a single storefront
among an entire block face of businesses.
■ Carryout Restaurants can be part of a mixed -use property; Drive -In
Restaurant are typically on a single -use property.
■ Carryout Restaurant customers will drive and park nearby or walk in to
pick up food. Drive-in restaurants typically have substantial parking lots
and are located in auto -oriented areas.
■ Carryout Restaurant operations have changed and perhaps become
more efficient with online ordering in advance, rather than customers
arriving to the restaurant, placing an order, and waiting there for it.
Proposed Text Amendment
➢ Create a definition for Restaurant, Carryout separate from Restaurant,
Drive -In.
RESTAURANT, CARRYOUT. Any business establishment or portion thereof where food is prepared for
sale for consumption off the premises and/or served in disposable containers or wrappers, and which
may involve seating on the premises of a limited nature as an accessory use to the restaurant, as
defined in this section and not serving beer, wine or alcoholic beverages.
RESTAURANT, DRIVE-IN: Any business establishment or portion thereof equipped with a drive -through
service where food is prepared for sale for consumption off the premises and/or served in disposable
containers or wrappers and not serving beer, wine or alcoholic beverages.
➢ Allow Restaurant, Carryout as a Permitted Use (as opposed to
Conditional Use) in the C-2, C-4 and CR zoning districts.
➢ Allow Restaurant, Carryout as a Conditional Use in the C-1 zoning
district (consistent with Indoor Restaurant use).
➢ Restaurant, Drive -In or Carry out would continue to be allowed in the C-
31 LI, HI, and MHI zoning districts.
By a vote of 5 to 0, the Zoning Advisory Commission recommends
approval of the text amendment.
A simple majority vote is necessary to approve the text amendment.
QUESTIONS?
STATE OF IOWA SS:
DUBUQUE COUNTY
CERTIFICATE OF PUBLICATION
I, Kathy Goetzinger, a Billing Clerk for Woodward
Communications, Inc., an Iowa corporation, publisher
of the Telegraph Herald, a newspaper of general
circulation published in the City of Dubuque, County
of Dubuque and State of Iowa; hereby certify that the
attached notice was published in said newspaper on the
following dates:
06/06/2025
and for which the charge is 42.18
IL
Subscribed to before me, a Notary Public in and for
Dubuque County, Iowa,
this 6th day of June, 2025
Notary Pub
in and for Dubuque County, Iowa.
Pt^L
z .T Commission Number 199659
JANET K. PAPE
My Commission Expires
/ow, 12/11/2025
C2)}.aa,5
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Ad text :
CITY OF DUBUQUE, IOWA
OFFICIAL NOTICE
PUBLIC NOTICE is hereby given that the Dubuque City Council
will conduct public hearings on the 16 day of June, 2025, at
6:30 p.m., in the Historic Federal Building, 350 W. 6th
Street, 2nd floor, Dubuque, Iowa, on the following:
REZONINGS
1. Request from Josh Ramler, Ramler Construction, to rezone
a portion of property located at the End of June Drive, PIN
1034478001, from AG Agriculture to R-1 Single Family
Residential zoning district.
2. Request from Ian Stormont to rezone property located at
1395 Washington, PIN 1024430010, from C-4 Downtown Commercial
to C-1 Neighborhood Commercial zoning district.
TEXT AMENDMENT
1. Request from City of Dubuque to amend the Unified
Development Code to include a definition for Restaurant,
Carry -Out and modify the definition of Restaurant,
DriveIn/Carry-Out and to allow for Restaurant, Carry -Out (not
including drive-in) as a Permitted Use in the C-2 Neighborhood
Shopping Center, C-4 Downtown Commercial, and CR Commercial
Recreation zoning districts and as a Conditional Use in the
C-1 Neighborhood Commercial zoning district.
At the meeting, the City Council will receive oral and
written comments from any resident or property owner of said
City to the above action. The official City Council agenda
will be posted the Friday before the meeting and will contain
public input options. The agenda can be accessed at
https://dubuqueia.portal.civicclerk.com/ or by contacting the
City Clerk's Office at 563-589-4100,
ctyclerk@cityofdubuque.org.
Written comments on the public hearing may be submitted to
the City Clerk's Office by email at ctyclerk@cityofdubuque.org
or by mail to City Hall, 50 W. 13th St., Dubuque, IA 52001,
before the scheduled hearing. The City Council will review all
written comments at the time of the hearing.
Documents related to the public hearing are on file in the
City Clerks Office and may be viewed Monday through Friday
between 8:00 a.m. and 5:00 p.m.
Individuals requiring special assistance should contact the
City Clerk's Office as soon as feasible. Deaf or
hard -of -hearing individuals can use Relay Iowa by dialing 711
or (800) 735-2942.
Adrienne N. Breitfelder, CMC
City Clerk
It 6/6
STATE OF IOWA SS:
DUBUQUE COUNTY
CERTIFICATE OF PUBLICATION
I, Kathy Goetzinger, a Billing Clerk for Woodward
Communications, Inc., an Iowa corporation, publisher
of the Telegraph Herald, a newspaper of general
circulation published in the City of Dubuque, County
of Dubuque and State of Iowa; hereby certify that the
attached notice was published in said newspaper on the
following dates:
06/20/2025
and for which the charge is 43.66
Subscribed to before me, a Notary Public in and for
Dubuque County, Iowa,
this 23rd day of June, 2025
a'Cie—•
Notary(Puplic in and for Dubuque County, Iowa.
JANET K. PAPE
Commission Number 199659
My Commission Expires
12/11/2025
Ad text :
CITY OF DUBUQUE
OFFICIAL PUBLICATION
ORDINANCE NO. 22 - 25
AN ORDINANCE AMENDING TITLE 16 OF THE CITY OF DUBUQUE CODE
OF ORDINANCES, UNIFIED DEVELOPMENT CODE, BY AMENDING SECTIONS
16-2-3 DEFINITIONS, 16-5-10 C-1 NEIGHBORHOOD COMMERCIAL,
16-5-11 C-2 NEIGHBORHOOD SHOPPING CENTER, 16-5-14 C-4 DOWNTOWN
COMMERCIAL, AND 16-5-17 CR COMMERCIAL RECREATION BY ADDING THE
RESTAURANT, CARRYOUT DEFINITION AND MAKING IT A PRINCIPAL
PERMITTED USE IN C-2, C-4, AND CR DISTRICTS AND A CONDITIONAL
USE IN THE C-1 DISTRICT
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE
CITY OF DUBUQUE, IOWA:
Section 1. That Title 16 of the City of Dubuque Code of
Ordinances, Unified Development Code, by amending Section
16-2-3 is hereby amended as follows:
16-2-3 DEFINITIONS
RESTAURANT, CARRYOUT: Any business establishment or portion
thereof where food is prepared for sale for consumption off
the premises and/or served in disposable containers or
wrappers, and which may involve seating on the premises of a
limited nature as an accessory use to the restaurant, as
defined in this section and not serving beer, wine or
alcoholic beverages.
RESTAURANT, DRIVE- IN: Any business establishment or portion
thereof equipped with a drive -through service where food is
prepared for sale for consumption on or off the premises
and/or served in disposable containers or wrappers and not
serving beer, wine or alcoholic beverages.
Section 2. That Title 16 of the City of Dubuque Code of
Ordinances, Unified Development Code, by amending Sections
16-2-3 Definitions, 16-5-10 (C-1), 16-5-11 (C-2), 16-5-14
(C-4), and 16-5-17 (CR), are hereby amended as follows:
16-5-10 C-1 NEIGHBORHOOD COMMERCIAL
16-5-10-2 Conditional Uses
Restaurant, Carryout
16-5-11 C-2 NEIGHBORHOOD SHOPPING CENTER
16-5-11-1 Principal Permitted Uses
Restaurant, Carryout
16-5-11-2 Conditional Uses
Restaurant, Drive -In
16-5-14 C-4 DOWNTOWN COMMERCIAL
16-5-14-1 Principal Permitted Uses
Restaurant, Carryout
16-5-14-2 Conditional Uses
Restaurant, Drive -In
16-5-17 CR COMMERCIAL RECREATION
16-5-17-1 Principal Permitted Uses
Restaurant, Carryout
16-5-17-2 Conditional Uses
Restaurant, Drive -In
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 16th day of June 2025.
/s/Brad M. Cavanagh, Mayor
Attest: /s/Adrienne N. Breitfelder, City Clerk
Published officially in the Telegraph Herald newspaper on
the 20th day of June, 2025.
/s/Adrienne N. Breitfelder, City Clerk
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