Ordinance 32-06OFFICIAL PUBLICATION
ORDINANCE NO. 32-06
AMENDING THE CITY OF DUBUQUE CODE OF ORDINANCES BY ADOPTING A
NEW SECTION 11-58.6 PROHIBITING THE ISSUANCE OF BUILDING PERMITS
FOR THE CONSTRUCTION OF ETHANOL PLANTS, ETHANOL PROCESSING
FACILITIES, BIODIESEL PLANTS AND BIODIESEL PROCESSING FACILITIES
Whereas, the City of Dubuque Zoning Ordinance allows the construction of
ethanol plants, processing facilities, biodiesel plants and biodiesel processing facilities
in certain zoning districts; and
Whereas, the City Council desires to study whether the construction of such
plants or facilities should be permitted in the City of Dubuque.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF DUBUQUE, IOWA:
Section 1. The City of Dubuque Code of Ordinances is amended by adopting
the following new section:
Sec. 11-58.6. Moratorium on the Construction of Ethanol Plants, Ethanol
Processing Facilities, Biodiesel Plants and Biodiesel Processing Facilities:
The building official shall not issue a permit for any new construction or
substantial enlargement, alteration, repair or remodeling of any structure
or building for the production of ethanol or biodiesel fuel or for the
processing of ethanol or biodiesel fuel within the City of Dubuque for a
period of six months from the date of this Ordinance except where a
vested right to the issuance of such permit accrued prior to the effective
date of this Ordinance.
Any person, firm or corporation aggrieved or adversely affected by the
building official's refusal to issue a permit pursuant to this moratorium
shall appeal therefrom to the City Council. The City Council may direct the
building official to issue a permit where the City Council finds that the
refusal to issue a permit would deprive the owner of the property of a
vested right.
Section 2. This Ordinance shall take effect upon publication.
Passed, approved and adopted this 1st day May, 2006.
/s/Roy D. Buol, Mayor
Attest:
/s/Jeanne F. Schneider, CMC
City Clerk
Published officially in the Telegraph Herald Newspaper the 5th day of May, 2006.
/s/Jeanne F. Schneider, CMC
City Clerk
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