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Ordinance 46-06OFFICIAL PUBLICATION ORDINANCE NO. 46-06 AN ORDINANCE AMENDING APPENDIX A (THE ZONING ORDINANCE) OF THE CITY OF DUBUQUE CODE OF ORDINANCES BY AMENDING SECTION 4-4.2 REGARDING SITE PLANS, AND BY AMENDING SECTION 6-1.5.5 REGARDING REZONINGS, TO EXTEND A MORATORIUM FOR SITE PLAN AND REZONING APPLICATIONS IN THE IOWA 32 (SOUTHWEST ARTERIAL) CORRIDOR. Whereas, the Iowa Department of Transportation (IDOT) and the City of Dubuque are engaged in a study of the Iowa 32 (Southwest Arterial) Corridor, which will include the right-of-way acquisition for the preferred alignment; and Whereas, the City of Dubuque and the IDOT desire to minimize potential development conflicts during this study by extending the development moratorium for the Southwest Arterial Corridor. NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF DUBUQUE, IOWA: Section 1. Appendix A (Zoning Ordinance) of the City of Dubuque Code of Ordinances is hereby amended by amending Section 4-4.2 as follows: Section 4-4.2. Application and Scope. (A) Moratorium for Site Plans in the Iowa 32 (Southwest Arterial) Corridor. The City Planner shall not issue conditional or final approval for any site plan filed for property in the Iowa 32 (Southwest Arterial) Corridor that lies within the corporate limits of the City of Dubuque, as delineated on the attached drawings, from the effective date of this Section to July 1, 2007, except where a vested right to the issuance of such approval accrued to any person, firm or corporation as a matter of law prior to the effective date of this Section. Section 2. Appendix A (Zoning Ordinance) of the City of Dubuque Code of Ordinances is hereby amended by amending Section 6-1.5.5 as follows: Section 6-1.5.5 Moratorium for rezonings in the Southwest Arterial Corridor. In addition to the requirements of subsection 6-1.5 of this Section, the City Council shall not give final approval to any zoning reclassification (rezoning) request for property in the Iowa 32 (Southwest Arterial) Corridor that lies within the corporate limits of the City of Dubuque, as delineated on the attached drawings, from the effective date of this Section July 1, 2007, except where a vested right to the issuance of such approval accrued to any person, firm or corporation as a matter of law prior to the effective date of this Section. Section 3. This Ordinance shall take effect upon publication, as provided by law. Passed, approved and adopted this 19th day of June, 2006. /s/Roy D. Buol, Mayor Attest: /s/Jeanne F. Schneider, CMC City Clerk Published officially in the Telegraph Herald Newspaper the 24th day of June, 2006 /s/Jeanne F. Schneider, CMC City Clerk 1t 6/24