Code of Ordinances Amendment - Title 16 Zoning Advisory Commission Copyright 2014
City of Dubuque Action Items # 6.
ITEM TITLE: Code of Ordinance Amendment - Title 16 Zoning Advisory Commission
SUMMARY: City Manager recommending approval of an ordinance that adds a new
Section 16-9-1 which establishes the Zoning Advisory Commission and
provides for the powers, operation, membership and meetings.
ORDINANCE Amending City of Dubuque Code of Ordinances Title 16
Unified Development Code, Chapter 9 Zoning Advisory Commission
Applications and Procedures by repealing Section 16-9-1 Zoning Advisory
Commission and adopting a new Section 16-9-1 Zoning Advisory
Commission in lieu thereof Establishing the Zoning Advisory Commission,
Providing for the Powers, Operation, Membership, and Meetings
SUGGESTED DISPOSITION: Suggested Disposition: Receive and File; Motion B; Motion A
ATTACHMENTS:
Description Type
❑ Zoning Advisory Commission-MVM Memo City Manager Memo
❑ Staff Memo Staff Memo
❑ Ordinance Ordinance
❑ Suggested Motion Supporting Documentation
THE CITY OF Dubuque
UBE I
erica .i
Masterpiece on the Mississippi 2007-2012-2013
TO: The Honorable Mayor and City Council Members
FROM: Michael C. Van Milligen, City Manager
SUBJECT: Boards and Commissions —Zoning Advisory Commission
DATE: June 25, 2015
The City Attorney's Office and the City Clerk's Office have been working on updating
the Boards and Commissions ordinances to make the standard provisions in all of the
ordinances uniform and consistent.
Assistant City Attorney Crenna Brumwell recommends City Council approval of an
ordinance that adds a new Section 16-9-1 which establishes the Zoning Advisory
Commission and provides for the powers, operation, membership and meetings. The
Zoning Advisory Commission was originally established in March of 1929.
1 concur with the recommendation and respectfully request Mayor and City Council
approval.
Mic ael C. Van Milligen
MCVM:jh
Attachment
cc: Barry Lindahl, City Attorney
Cindy Steinhauser, Assistant City Manager
Teri Goodmann, Assistant City Manager
Crenna Brumwell, Assistant City Attorney
THS CITY OF
DUB E MEMORANDUM
Masterpiece on the Mississippi
CRENNA M . BRUMWELL , ESQ.
ASSISTANT CITY ATTORNEY /�
To: Michael C. Van Milligen /l/I`'`„".'_Y_
City Manager
DATE: June 15, 2015
RE: Boards and Commissions —Zoning Advisory Commission
The City Attorney's Office, together with the City Clerk's Office and each individual
department, have been working on updating the Boards and Commissions ordinances
for the City of Dubuque. The goal is to make the standard provisions in all of the
ordinances uniform and consistent.
Attached please find a draft ordinance for the Zoning Advisory Commission, which was
established in March 1929. For this ordinance, a new Section 16-9-1 is adopted which
establishes the Zoning Advisory Commission and provides for the powers, operation,
membership, and meetings.
I recommend that the ordinance be submitted to the City Council for consideration.
Please let me know if you need further information.
Thank you.
Prepared by: Crenna M. Brumwell, Esq. 300 Main Street Suite 330 Dubuque IA 52001 563 589-4381
ORDINANCE NO. 43-15
AMENDING CITY OF DUBUQUE CODE OF ORDINANCES TITLE 16 UNIFIED
DEVELOPMENT CODE, CHAPTER 9 ZONING ADVISORY COMMISSION
APPLICATIONS AND PROCEDURES BY REPEALING SECTION 16-9-1 ZONING
ADVISORY COMMISSION AND ADOPTING A NEW SECTION 16-9-1 ZONING
ADVISORY COMMISSION IN LIEU THEREOF ESTABLISHING THE ZONING
ADVISORY COMMISSION, PROVIDING FOR THE POWERS, OPERATION,
MEMBERSHIP, AND MEETINGS
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. Section 16-9-1 of the City of Dubuque Code of Ordinances is hereby
released and the following adopted in lieu thereof:
16-9-1: ZONING ADVISORY COMMISSION:
A. Commission Created: There is hereby created the Zoning Advisory Commission.
B. Purpose: The purpose of the commission is to make recommendations to the city
council on applications for rezoning, subdivision plat approval, and text amendments to
the Zoning Ordinance; to receive input from applicants, neighboring property owners,
citizens, and city staff; to review applications in terms of their impact on the
neighborhood, community, environment, and the city's utilities and transportation
systems; and to forward to the city council the commission's recommendations with the
assistance of Planning Services staff.
C. Internal Organization and Rules: The commission may adopt rules and
regulations to govern its organizational procedures as may be necessary and which are
not in conflict with this Code of Ordinances or the Iowa Code.
D. Procedures for Operation: All administrative, personnel, accounting, budgetary,
and procurement policies of the city govern the commission in all its operations.
E. Membership:
1. The commission comprises seven (7) residents of the city, appointed by
the city council.
2. Residents must be eighteen (18) years of age or older.
3. Qualifications.
a. Members must be qualified by knowledge, experience, and ability
to act in matters pertaining to short-range planning and zoning, none of
whom hold an elective position in the city.
b. Two (2) members of the Zoning Advisory Commission must be
appointed to serve on the Airport Zoning Advisory Commission, with city
council approval.
4. Membership on the commission must comply with the provisions of Iowa
Code §69.16A, relating to gender balance. No
prson can be appointed
reappointed to the commission if that appointment ore
reappointment would cau er
the number of members of one gender to be greater than one-half (1/2) of the
membership of the commission plus one (1). If the city has made a good faith
effort to appoint a qualified person to fill a vacancy on the commission for a
period of three (3) months but has been unable to make a compliant
appointment, the city must utilize a fair and unbiased method of selecting
best qualified applicants. the
F. Oath: Each person, upon appointment or reappointment to the
execute an oath of office at the first meeting of the commission following m the
appointment or reappointment or at the city clerk's office any timeprior to g
meeting of the commission. the first
G. Terms: The term of office for commissioners is three (3) years or until such
commissioner's successor is appointed ande
representative appointees to the Airport Zoning Advisory Commission must cointerms of the cide
with their terms on the Airport Zoning Advisory Commission. coincide
H. Vacancies: Vacancies must be filled in the same manner nner as original
I. Officers/Organization: The commissioners must choose annual) a
and vice -chairperson, each to serve a term of one (1)eY chairperson
chairperson
appoint a secretary, who need not be a member of the commission. The commissionersmust
must fill a vacancy among its officers for the remainder of the officer's unexpired term.
J. Meetings:
1. Regular Meetings. The commission must meet monthly.
2. Special Meetings. Special meetings may be called b the chairperson at the written request of a majority of the commissioners. Y airperson or
3. Open Meetings. All meetings must be called and held in conformance with
the Iowa Open Meetings Law.
4. Attendance.
a. In the event a commissioner has been absent for three (3) or more
consecutive meetings of the commission, without being excused by the
chairperson, such absence will be grounds for the commission to
recommend to the city council that the position be declared vacant and a
replacement appointed.
b. Attendance must be entered upon the minutes of all meetings.
5. Minutes. A copy of the minutes of all regular and special meetings of the
commission must be filed with the city council within ten (10) working days after
each meeting, or by the next regularly scheduled city council meeting, whichever
is later.
6. Quorum. Four (4) commissioners constitute a quorum for the transaction
of business. The affirmative vote of a majority of the commissioners present and
voting is necessary except at least four affirmative votes shall be required in the
case of (a) text amendment to the zoning ordinance; (b) a substantial zoning
reclassification; (c) approval, denial, or amendment of a planned district
application; (d) adoption of any plan or report; or (e) amendment of a
comprehensive plan.
K. Compensation: Commissioners serve without compensation, provided that they
may receive reimbursement for necessary travel and other expenses while on official
commission business within the limits established in the city administrative policies
budget.
L. Removal: Except as provided in J(4)(a), the city council may remove any
commissioner for good cause.
M. Powers: The commission has the following powers, duties, and responsibilities:
1. To prepare and recommend a zoning ordinance to exercise the powers
conferred by state law. Such zoning ordinance must include the boundaries of
the various zoning districts; the height, number of stories, and size of buildings
and other structures in each district; the percentage of ground that may be
occupied; setback requirements; the size of yards, courts, and other open space;
the density of population; the location and use of buildings, structures, and land
for trade, industry, commercial, residential, or other purposes; and such
regulations and restrictions necessary to enforce such zoning provisions. To this
end the commission must prepare a preliminary zoning ordinance and hold public
hearings thereon and after such hearings have been held, and submit a final
zoning ordinance and its recommendations to the city council;
2. To recommend to the city council, from time to time, as conditions require,
amendments, supplements, changes, or modifications to the zoning ordinance
but only after a public hearing;
3. To make such surveys, studies, maps, plans, or plats of the whole or any
portion of the city and of any land outside thereof, which in the opinion of the
commission are consistent with the Comprehensive Plan and are necessary to
carry out the purposes of the commission;
4. To make recommendations to the city council upon plans, plats, or replats
of subdivisions or resubdivisions within the city which show streets, alleys, or
other portions of the same intended to be dedicated for public use;
5. To make recommendations to the Long Range Planning Advisory
Commission on the preparation and maintenance of the Comprehensive Plan;
6. To fulfill those duties and responsibilities assigned to a city planning
commission in state law; and
7. To undertake from time to time other specific short-range planning
projects which may be referred to it by the city council.
N. Waiver From Site Design Standards: The commission has the power to grant
such waiveres from the site design standards of this code, as may be reasonable and
within the general purpose and intent of the site plan review and approval provisions of
this code if the literal enforcement of one or more provisions of this code is
impracticable or will exact an undue hardship becauseof peculiar conditions pertaining
to the land in question. The affirmative vote of at least four (4) commissioners shall be
necessary to grant a waiver. The waiver may be granted subject to such conditions as
the commission may establish to ensure the general purpose and intent of the
provisions of this code are followed. At the commission meeting, the applicant and all
other interested parties must be presented a reasonable opportunity to present their
views. Decisions of the commission may be appealed to the Zoning Board of
Adjustment in the same manner as appeals from a decision of an administrative officer.
Section 2. Nothing herein effects the term of any person serving as a member of
the commission as of the effective date of this Ordinance.
Section 3. This Ordinance takes effect upon publication.
Passed, approved, and adopted the 6th day of J;tly, 2015.
Roy D. Buo,°Mayor
Attest:
Kevin S. irnstahl, CitClerk
STATE OF IOWA {SS:
DUBUQUE COUNTY
CERTIFICATION OF PUBLICATION
I, Suzanne Pike, 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: July 10, 2015, and for which the charge is $99.33.
P4,
Subscribed to before me, Notary Public in and for Dubuque County, Iowa,
this o day of
,20/5 .
Notary Public in and for Dubuqueounty, Iowa.
.i{ ARV K. WESSTERMEYER
^: A , Commission Number 164885
My Comm. Exp. FEB. 1, 2017
OFFICIAL
PUBLICATION
ORDINANCE N0.43 15
• AMENDING CITY OF ,
DUBUQUE CODE, OF
ORDINANCES' .TITLE
16.' UNIFIED • •DEVEL
OPMENT CODE,
'CHAPTER 9', ZONING
ADVISORY COMMIS
SIONAPPLICATIONS
APREDUS'
REPNDEALINGOCSECRETIONBY
16.9-1. ZONING ADV,I-
SORY ` COMMISSION
AND . ADOP,TING A
NEW, SECTION;`16,9-1
ZONING ADVISORY
COMMISSION INLIEU
THEREOF ESTABLISH
ING•,4:THE ZONING
ADVISORY COMMIS-
SION, ... PROVIDING'
FOR <:THE, POWERS,
OPERATION, HNEIT , , MEM-
BERSHIP,AND MEET
i !NGS
O, THEREFORE,
BE ,•ARDAINED BY
TWCITY.. COUNCIL
OF DUBUQ,THEUECITY OF
, IOWA
Section 1: Section 16-
.9-1 of. the 'City of
Dubuque Code of
Ordinances is hereby
released and the
following adopted in
lieu thereof:
ZONING;+ADVI-
SORY COMMISSION
A."Commission;Creat
ed:.:There is Hereby
created. the 1`Zoning
Advisory Commission
Br Purpose The
fpurpose of the. coin
missio`r._ is to' make,
recommendations to
the city council on
applications for rezon
ing, subdivision plat
approval, and text
'commiSsioriers. views Decisions of the .!1
3. Open Meetings, All commission may be ,
meetings must, be appealed to the Zoning I
called and held in Board of AdJustment in
onforinalice with the the ;m
sae manner ;as
':IdWa Open Meetings ,appeals from i a',I
LaW ; .s.%; decision r `'of an
4. Attendance, administrative officer.
a. In the event ,a Section 2. Nothing
commissioner has herein effects :the term
been absent for, three of any person Serving
(3) or-lhore' . con 'as. a member: of_ the
'the
Meetings of-, - comrnlssidn' as of the
the cornmisslon, 'with-, • effective date. ,of thi
out being 'excused by` Ordinance
the,. chairperson, such " Section - 3 .This
absence . • ; will be Ordinance takes effect'
grodnds for the upon publication.
.comriissiod to recom- Passed, approved,'
mend to„ the.. city and adopted, the 6th
council #hat. the , .d. y of July 2015.
position ' be declared ' Roy D Bupl, Mayor
vacant and a replace- •Attest ,
rnent appointed Kevin S,Flrnstahl, ,
- b.''Attendance must "CityClerk `
be entered i upon the Published officially in °•
;minutes of all • the Telegraph Herald
meetings. newspaper on the 10th;
5 Minutes A copyiof `day of July; 2015
theminutes of all; , Kevin S.,,Firnstahl,
rk,
s
regular ' and special City Cle
meetings 'of, ' the it 7/10
commission must be
filed "with the city
councilWithin, ten (10)
working `days after
each meeting or by
the next regularly
"scheduled :city cbuhcil
meeting, ,whichever;_is_.
latef._
6. Quorum Four, (4)
commissioners, consti=
tote a quorum for the.
transaction of busi-
ness. The affirmative
vote of a Majority' of
the commissioners pre-.
sent and voting
rjecessary: except at
least four --affirmative
"votes Shallbe required.
ih the case of (a) text
amendm.'ent to the;
zonrhg•'ordinance (b) a
substantial. zoning
reclassification, "'or
(c)'
;,approval': denial, ,
amendment of a
planned district appli-
cation; (d)' adoption of
'any plan or report; or
(e). amendment of a
amendments to , the comprehensive plana
Zoning': Ordinance; to-, K 'Co.rnpensation:
receive input from ComMissioners serve
;,applicants;
neighbor- 'without compensation,
ing Fproprty, owners,,provided that they may
citizens and city,staff; receive reimbursement
to review applications for necessary travel
in terms of their impact and other expenses
on" the neighborhood, While onn -official
community ,;,environ- commission bhsiness
ent and the cityrs Within the limits
�uMtihties, and
"
„°trans .;established.�in the city.;
Lao tation systems and administrative poiioies,
to'forward to the city budget
,council the ,commis- L Removal Except as;
lion's ' recomnienda- . provided in J(4)(a), fhe
tions ,with the assist- city ., council may,
ante- a of ,_' Planning remove any commis
Services staff, ; sioner for:good cause.
cl Internal-Organiza- M Powers The coin-„
tion" and Rules: The mission has 'the,
commission may. adopt following povyers,;
rules and regulations _duties and response
to '6 -Overly its'organi- bilities: "' ,
-zational,prrocedures as .<- 1. To prepare and
may,.pe;ne"cessary and -recommend a zoning
Which „ ,are not in _ordinance to exercise
cenflict,with this Code the powers conferred
of Ordinances or the by state law. Such
I Iowa Code zoning ordinance must
D. Procedures for include the boundaries
Operation:All adminis- of the'various zoning
trative, personnel, ac- districts; • the ' height,
counting, budgetary, number of stories, and
and procurement poli- •size of buildings and
cies of the city -govern other structures
the commission; in all ;each district; : the
its operations: percentage 9f.. ground
E. Membership that may be occupied;
1. The commission setback requirements;
comprises seven: (7) the size of.: yards, '1
residents' of the city, courts, and other open
appointed by, the city :space; ,the density, of
council population; -the
.the Iota-
2.' Residents,must'be mon • and use of
eighteep (18) years ;of :buildings,' structures,
age or bider.' _. and land for trade;''
3. Qualifications industry, commercial;
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