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Ordinance 72-06OFFICIAL PUBLICATION ORDINANCE NO. 72-06 AN ORDINANCE AMENDING APPENDIX A (THE ZONING ORDINANCE) OF THE CITY OF DUBUQUE CODE OF ORDINANCES BY ADDING DRIVE -UP AUTOMATED TELLER MACHINES AS AN ACCESSORY USE IN THE ID DISTRICT. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA Section 1. That Sections 3-5.2(C)(1), 3-5.2 (C)(4) and 3.5.2(E)(3) of the Code of Ordinances are hereby amended by adding drive -up automated teller machines as an accessory use in the ID Institutional District as follows: : (C) Accessory Uses: The following uses shall be permitted as accessory uses as provided in Section 4 of this ordinance: (1) Restaurants or cafeterias; flower shops; gift shops, and candy, cigar or magazine stands; but only when operated and located entirely within a principal building, except that drive -up automated teller machines shall be allowed on medical institutional campuses. (4) All other uses customarily incidental to the principal permitted use in conjunction with which such accessory use is operated or maintained, but not to include commercial uses outside a principal building, except for drive -up automated teller machines. (E) Prohibition on commencement of use by parties unassociated with the principal institution: Within an existing ID Institutional District, no use otherwise provided for this district may be commenced by any person(s) except that: (1) The principal institution or its agent; or (2) A person under contractual or other legally binding obligation to provide services to such institution (e.g., the independent operator of a student cafeteria); or (3) The person or persons operating a doctors' clinic or other facility permitted under the principal permitted or accessory uses of this section. Section 2. The foregoing amendment has heretofore been reviewed by the Zoning Advisory Commission of the City of Dubuque, Iowa. Ordinance No. -06 Page 2 Section 3. This ordinance shall take effect immediately upon publication, as provided by law. Passed, approved and adopted this 20th day of November, 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 November, 2006. /s/Jeanne F. Schneider, CMC City Clerk 1t 11/24