Code of Ordinances Amendment - Title 16 Zoning Board of Adjustment Copyright 2014
City of Dubuque Action Items # 9.
ITEM TITLE: Code of Ordinances Amendment - Title 16 Zoning Board of Adjustment
SUMMARY: City Manager recommending approval of an ordinance which adds a new
Section 16-8-1 which establishes the Zoning Board of Adjustment and
provides for the powers, operation, membership and meetings.
ORDINANCE Amending City of Dubuque Code of Ordinances Title 16
Unified Development Code, Chapter 8 Zoning Board of Adjustment
Applications by Repealing Section 16-8-1 Zoning Board of Adjustment
and Adopting a New Section 16-8-1 Zoning Board of Adjustment in Lieu
Thereof Establishing the Zoning Board of Adjustment, Providing for the
Powers, Operation, Membership, and Meetings
SUGGESTED DISPOSITION: Suggested Disposition: Receive and File; Motion B; Motion A
ATTACHMENTS:
Description Type
❑ Zoning Board of Adjustment Code Amendment-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 Commission —Zoning Board of Adjustment
DATE: August 10, 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 which adds a new Section 16-8-1 which establishes the Zoning Board of
Adjustment and provides for the powers, operation, membership and meetings. The
Zoning Board of Adjustment was originally established in January 1934.
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: August 4, 2015
RE: Boards and Commissions —Zoning Board of Adjustment
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 Board of Adjustment, which was
established in January 1934. For this ordinance, a new Section 16-8-1 is adopted which
establishes the Zoning Board of Adjustment 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. 53-15
AMENDING CITY OF DUBUQUE CODE OF ORDINANCES TITLE 16 UNIFIED
DEVELOPMENT CODE, CHAPTER 8 ZONING BOARD OF ADJUSTMENT
APPLICATIONS BY REPEALING SECTION 16-8-1 ZONING BOARD OF
ADJUSTMENT AND ADOPTING A NEW SECTION 16-8-1 ZONING BOARD OF
ADJUSTMENT IN LIEU THEREOF ESTABLISHING THE ZONING BOARD OF
ADJUSTMENT, 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 16-8-1 of the City of Dubuque Code of Ordinances is hereby
released and the following adopted in lieu thereof:
16-8-1: ZONING BOARD OF ADJUSTMENT:
A. Board Created. There is hereby created the Zoning Board of Adjustment.
B. Purpose: The purpose of the board is to review applications regarding criteria for
granting of special exceptions, conditional use permits, or variances; to decide citizens'
appeals of orders, requirements, decisions, or determinations made by Planning
Services staff; and to hear cases given by applicants and decide whether the request
should be granted based on the criteria set forth in the Zoning Ordinance.
C. Internal Organization and Rules: The board 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 board in all its operations.
E. Membership:
1. The board comprises five (5) residents of the city, appointed by the city
council.
2. Residents must be eighteen (18) years of age or older.
3. Two (2) members from the board must be appointed as cross -
representatives to the Airport Zoning Board of Adjustment, with city council
approval.
4. A majority of the members of the board must be persons representing the
public at -large and must not be involved in the business of purchasing or selling
real estate.
5. Membership on the board must comply with the provisions of Iowa Code
§69.16A, relating to gender balance. No person can be appointed or reappointed
to the board if that appointment or reappointment would cause the number of
members of one gender to be greater than one-half (1/2) of the membership of the
board plus one (1). If the city has made a good faith effort to appoint a qualified
person to fill a vacancy on the board 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 the best qualified applicants.
F. Oath: Each person, upon appointment or reappointment to the board, must
execute an oath of office at the first meeting of the board following the appointment or
reappointment or at the city clerk's office any time prior to the first meeting of the board.
G. Terms. The term of office for members of the board is five (5) years or until such
member's successor is appointed and qualified. The terms of the cross -representative
appointees to the Airport Zoning Board of Adjustment must serve a term on the Airport
Zoning Board of Adjustment which coincides with their terms on the Zoning Board of
Adjustment.
H. Vacancies: Vacancies must be filled in the same manner as original
appointments.
I. Officers/Organization: The board must choose annually a chairperson and vice -
chairperson, each to serve a term of one (1) year. The chairperson must appoint a
secretary, who need not be a member of the board. The board must fill a vacancy
among its officers for the remainder of the officer's unexpired term.
J. Meetings.
1. Regular Meetings. The board must meet monthly.
2. Special Meetings. Special meetings may be called by the chairperson or
at the written request of a majority of the members.
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 member of the board has been absent for three (3) or
more consecutive meetings of the board, without being excused by the
chairperson, such absence will be grounds for the board 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
board 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. The concurring vote of three (3) members of the board is
necessary to reverse any order, requirement, decision, or determination of any
such administrative official, or to decide in favor of the applicant on any matter
upon which it is required to pass under any such ordinance or to effect any
variation in such ordinance.
K. Compensation: Members serve without compensation, provided that they may
receive reimbursement for necessary travel and other expenses while on official board
business within the limits established in the city administrative policies and budget.
L. Removal: The city council may remove any member for cause upon written
charges and after a public hearing.
M. Powers: The board has the following powers, duties, and responsibilities:
1. To hear and decide appeals where it is alleged there is error in any order,
requirement, decision, or determination made by an administrative official in the
enforcement of Iowa Code Chapter 414, as such may be amended from time to
time, or any ordinance adopted pursuant thereto.
2. To hear and decide special exceptions to the terms of this Code upon
which such board is required to pass under such ordinance, in accordance with
the general regulations of the zone in which the property is located and specific
standards contained herein.
3. To hear and decide conditional use permits under the terms of this Code
upon which such board is required to pass under such ordinance, in accordance
with the general regulations of the zone in which the property is located and
specific standards contained herein.
4. To authorize upon appeal in specific cases such variance from the terms
of the ordinance as will not be contrary to the public interest, where owing to
special conditions a literal enforcement of the provisions of the ordinance will
result in unnecessary hardship, and so that the spirit of the ordinance must be
observed and substantial justice done.
In exercising the above-mentioned powers such board may, in conformity with the
provisions of this section, reverse or affirm, wholly or partly, or may modify the order,
requirement, decision, or determination appealed from and may make such order
requirement, decision, or determination as ought to be made, and to that end shall have
all the powers of the officer from whom the appeal is taken.
Section 2. Nothing herein effects the term of any person serving as a member of
the board as of the effective date of this Ordinance.
Section 3. This Ordinance takes effect upon publication.
Passed, approved, and adopted the 17th day of august, 2015.
4,/
Roy D. B
Attest:
Kevin irnstahl, City C erk
ayor
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: August 21, 2015, and for which the charge is $79.77.
Subscribed to before me, a Notary Public in and for Dubuque County, Iowa,
this ,./i day of , 20 /5
Notary Public in and for Dubuque County, Iowa.
MARY IC. WESTERN 3EYER
Commission Number 154885
My Comm, Exp. FEB. 1, 2017
• sence will be grounds
for the board to.recom-
, ttecitycoun-
cjI
that the pOSitieri 'be
declared vacanCand a
,r4ilaCemeht appointed.
AttendanCA. must
bA.:4htered•-;upon ; the
OFFICIAL minutes. of -all 'meet-
, oRbINAN'etNo. 53.45•.,,. 5. MInutes..-.-kcopy of
AMENDING CITY OF the minutes, of all
DUBUQUE- CODE OF regular and. 'special
ORDINANCES 1TILE ;...ineetings•-"ofthe board
1. mustbe:,ftled.with the,
Of0ENT- within ten
1'.ckApTgR fitomiNd -'',(10),Motktr)4'.":day after
BOARO.ff0F', ADIOSt, each or by'
BMINt;AREPEALING'PO1-CA the net .0;y,regularly000
rciI
TION meeting .Whidheyer, is
ater
M BtiEANRT??Alf6NFD.:;',-ADDIOP:P5TT:
, Quorum Th? COfl
ING A NEW SECTION curring vote of three
16-84 ZONING (3), members of.. the
,BOARB .OF ADJUST7. ljbOCLI to
MENT IN LIEU:THERE,-
OF ESTABOSHINGT.
THE ZONING BOARD or determination
OF . ADJUSTMENT, any .such administrai•
PROVIONH, FOR THE tive official, Lor •.to
POWERS, OPERA- decide: ir"faVeir-Z of the,
TION,MEMBERSHIP, applicantAny
AND MggT1NGS : Olai"Prup_on, which itis
Now.;,-,INENE0oig, x-requ,ired .tO'PaSS. ander;
RE IT ORPAINED taoff0
P51:1cCth,a0nrydijrai1tio
n040onr
THE e
COUNCIL'.
OF THE 'CITY 0F. in slich,ordinonce,.'
DUBUQUE, IOWA: :•..1‹; : ,q0,1141:idriS011:
Sectjon 1. S: citt ol .?? 06 f- oftet bo ee or hrSpeae' tmh!se, otarhu: tVeireosnoc iwmpiert:nhyt-:
vreiredly',"0t
OrdinariCes-,,„IS
•,released r):,..affdc-frig:,... for necessary. travel
followinVACIAlitkeifi', and Other '..:expenses
: - while onofficial l board
• 1644:.,1ONING business .',within
the
BOARD , OF •ADJUST, limits' established •.in
MENT: admjoistratiyA
-Board PojigfeaAtidp460.There„• ,
[
ooi'd
Bit)1411ftil?.hQeb°A''Ar.‘rd6le;I'
upon Writte charges
purposto review applications hearing: :
regarding Criteria board
granting ,of specialhas ''tle..foIIowing
exceptions, . conditional ,P0Weis, .citieSi and
uae' nerrnits,nr. '•.resPenSibilfties;,'
ances; : decide • 1:79' hea'r.and. decide.
citizenS”. 'anneals- of appeals Where it Is
orders, requirements,,, ,alleged there is error in,
deciSiens,;Or'deterimiri,*'„,an9 r3 order,
ation8 made by rriehts idecision, " Or; de'
• fling SerViceS staff; and.1:'•terrnifigieriSmadOV.an
th hear cases- given by adrniniStratiVe; Off iCial
applicants and decide in tie. enforcement of
whether the request lowa Ode :J. -Chapter
Should . granted • 414, as such may be
based...on,the, ,criterja_ a.rOeDded.,frern tinie, to..
.Set izriiii
'birth nfli'e
Ordinance: pursuant•
tioti ai%l Rules TheY.,'2:1-TelioreciAle6icte
-•:bbed'itiaTadciP,t riiles spei4it-'0coObtrciiis :to
:and -,:.,regulations to the terms of this Code
'OOP Which§iOn board
.•zatiOnafliimeeddreS': as .it:temiired:;,::107-)Ta'ss
simYfbe..neceSaaryjand 0.nder. snob:, ordinance,
;Which ,ato:.. not • in itlacCerctailce With Ilie-
.COnflieti withlhiS''.9-6d.: general; ,r,egUlatiOns:ef
the zone iivwhiCh`the
'Iowa:Code— •. property is located and
D Procedures, for §PeOlfic:SIanciqrcis con,
Operation:All tainedherein:—,
*.tratiVe; personnel; ac-• ite hear.and decide
Uounting,-,'", budgetary; 1:1660ridde!rt,itgtirod
oirihailuaes::.-pefIMithisits.
and procUrerrient"PolP.
. 'cies of the city Code upon which such
• "the board in all Its board is- required to
• operatiebS:1--, • PaSs.'undersuch. ordi,
E. MernberShip:'', in. _aCcordanCe
The-,,'1;feard --corn- the -jot-lora'
prises f IVO (5)' lesi- regulations Of,the'ione'
dents,,,-,_ the 'city, in Which theprPPertY
:•appointed by the 'city Js IbbatqA..and specific
• council. . : • standards Contained
2. Residents .Must be. herein,'; • • • , •
eighteen (18) years of .! .4. To. authorize upon
, age or Older. --,H,- appeal in specific
3. Two (2)' members cases :Suchvariance
from file board , must from the terms of the
be ordinance: as ..will not
appointed as cross -
representatives to the be contrary to," the
Airport Zoning Board of public interest, Where
_Adjustinent,,:with: City (Mina to special con-
aPProvaf., fdoiti09001040n:at':,.f
literalthe
4;.--k-rtiajority'Cf the . e •
,:memhers' of tho- hharrl Provisions , of thP
v. H ipajul lLy"UT- Tne
members of the board
must be persons
,.:representing the public
at -large and must not
be involved - in : the
business of purchasing
or selling real estate.
5. Membership on the
board must comply
with the provisions of
, Iowa Code §69:16A;
relating to ' gender
balance. No person can
be appointed or reap-
, pointed to the board if
that appointment br
reappointment Would
,'cause the number of
members of one
gender to' be greater
than one-half (1/2) of
the membership of the
board. plus one '(1). If
the city has`:made ;:a
good faith effort to
appoint ; a qualified
i person to fill a vacancy
'Oh thea!•lboded fer =?a
-periodof'three':-(3)
months but has been -
unable to make -a
compliant appoint-
ment, the city must
utilize a fair and
unbiased method of
selecting •the best
qualified applicants._.
E Oath Each person
upon appointmept,•,pi-
reappointment to, -tlie
board, must execute an.
oath of office at the
first meeting of the
board following the
appointment or reap-
pointinent or at, the
city cl'rk's office any
time prior to the first
meeting of the board.
G. Terms: The term of
office for members of
the board is five (5)
years or '.until r•such
member's successor is
appointed ';andquail-
fled. The terms of the
cross -representative
appointees, to. the
Airport Zoning Board of
Adjustmenf must serve
acterm,op:tile Airport
Zoning Board - -of
Adjustment which
coincides, with'their
terms' on the'
Board of Adjustment.
H. Vacancies: 'Vacan-
cies must be filled in
the same [-manner as
original appointments.
I. Officers/Organi-
zation-The board must ,
choose anntaily a
chairperson and vice-:
chairperson;•' -each to
serve a term,of one (1):
year. The chairperson
must appoint a secre
tary, who need not be a
member of the board.
The board must fill a
vacancy among its
officers for the remain-
der of the -.:officer's
unexpired„term '
J. Meetings
1:- Regular:, Meetings.
The board must meet
'monthly.
2.; Special Meetings,
Special meetings may
'be 'called 'by :'the
chairperson or at' -'the
written request of :.a
majority of the
members. . l
3. Open Meetings. All
meetings must be I
called, and held in
conformance with the
Iowa Open Meetings
Law.
4. Attendance.
a. ;In,:the "event a
member of the board
has been absent for
three:; (3) or more
consecutive meetings.
of the 'board, without
being excused : by the :
chairperson, such ab
,UI IL ,.: VI Lne
provisions : of the
ordinance will result in
unnecessary, hardship;
and so that the spirit of
the ordinance must be
observed ' and sub-
stantial justice done.
In exercising the
above-mentioned pow-
ers such board may, in
conformity with :the
provisions ; of ,this
section reverse or
affirm wholly or partly,
or -;may _the
order, requirement,
decision,_: or deter-
mination appealed
from and may make',
such order 'require-
ment, decision, or
determination'as ought'
to be made, and to that
end shall have all the,
powers,, of the officer`
from:whom,the appeal„
is taken.
Section 2. Nothing
herein effects the term
of any person serving
as a member of the
board as ; of the
effective date ` of this
Ordinance.
Section 3. This
ordinance takes effect
upon,publication
Passed, approved,'`
and adopted the 17th
day of August,: 2015.;
/s/Roy D. Buol, Mayor
Attest: /s/Kevin S.
Firnstahl, City Clerk
Published officially in
the: Telegraph Herald
newspaper on the 21st
day of August, 2015:,
/s/Kevin S. Firnstahl,
City Clerk
It 8/21