Ordinance 69-06OFFICIAL PUBLICATION
ORDINANCE NO. 69-06
AMENDING THE CITY OF DUBUQUE CODE OF ORDINANCES SECTION 11-58.6
MORATORIUM ON THE CONSTRUCTION OF ETHANOL PLANTS, ETHANOL
PROCESSING FACILITIES, BIODIESEL PLANTS AND BIODIESEL PROCESSING
FACILITIES BY EXTENDING A MORATORIUM ON 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 gather additional input in the process of
studying 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 Section 11-58.6 is
amended to read as follows:
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 from the
date of this Ordinance to May 1, 2007, 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 6th day of November, 2006.
/s/Roy D. Buol, Mayor
Attest:
Jeanne F. Schneider, City Clerk
Published officially in the Telegraph Herald Newspaper the 10th day of November, 2006.
/s/Jeanne F. Schneider, CMC
City Clerk
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