Zoning Text Am. Bldg Per. TimePlava~h~g Service~ Department
City H~i1
50 West 13th Street
Dubuque, Iowa 520014864
(563) 589-4210 office
(563) 589-4221 fax
(563) 6904678 TDD
plmming@cityofdubuque.or g
September 10, 2002
The Honorable Mayor and City Council Members
City of Dubuque
City Hall - 50 W. 13th Street
Dubuque IA 52001
RE: Text Amendment
Applicant:City of Dubuque
Description:To amend Section 5-3.4(C) of the Zoning Ordinance to eliminate the
stipulation in a conditional use permit that an applicant has 6 months to
obtain a building permit and to begin construction or an occupancy permit, if
required.
Dear Mayor and City Council Members:
The City of Dubuque Zoning Advisory Commission has reviewed the above-cited request.
The application, staff report and related materials are attached for your review.
Discussion
Staff reviewed the proposed text amendment stating that the original six-month time limit
was often not realistic for large projects and that two years was more reasonable.
There were no public comments.
The Zoning Advisory Commission discussed the request, and agreed with staff's
recommendation.
Recommendation
By a vote of 6 to 0, the Zoning Advisory Commission recommends that the City Council
approves the request.
A simple majority vote is needed for the City Council to approve the request.
Respectfully submitted,
Eugene Bird, Jr., Chairperson
Zoning Advisory Commission
Attachments
Service People lntegrit7 Responsibility h*movation Teamwork
Preparer: Laura Carstens, Planninq Services ManaRer Address: 50 W. 13th S[reet Telephone: 563-589-4210
ORDINANCE NO. -02
AN ORDINANCE AMENDING SECTION 5-3.4(F) OF THE ZONING ORDINANCE OF
THE CITY OF DUBUQUE CODE OF ORDINANCES BY EXTENDING THE PERIOD OF
VALIDITY FOR CONDITIONAL USE PERMITS FROM SIX MONTHS TO TWO YEARS.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. Section 5-3.4(F) of the Zoning Ordinance of the City of Dubuque Code of
Ordinances is hereby amended by extending the pedod of validity for conditional use
permits from six months to two years.
(F) Period of Validly. No conditional use permit granted by the board shall be
valid for a period longer than ~-~× m'c~*.?_ two (2) years from the date on
which the board grants the permit, unless within such =!× mc=*~ ~o-year
pedod:
(1) A building permit is obtained and the erection or alteration of a
structure is started, or
(2) An occupancy permit is obtained, if required, and the use is
commenced.
The board may grant a maximum of ~ one (1) extension
not exceeding six (6) months, upon written application, without notice of hearing.
Section 2. The foregoing amendment has heretofore been reviewed by the Zoning
Advisory Commission of the City of Dubuque, Iowa.
Section 3. This ordinance shall take effect immediately upon publication, as
provided by law.
Passed, approved and adopted this day of ,2002.
Attest:
Terrance M. Duggan, Mayor
Jeanne F. Schneider, City Clerk
PLANNt'NG APPLZCATI'ON FORM
Crb/of= Dubuque
Planning Services Department:
Dubuque, IA 5200:t-486~
Phone: 563-589-4210
Fax: 563-589-4221
,~ Vadance
C Conditional Use Permit
[] Spedal Exception
[] Umil~l Setback Waiver
~ Rezoning
[] Planned Disbict
[] Preliminary Plat
[~ Hino~ Final Plat
~l(ext Amendment
[] Simple Site Plan
[] Minor Site Plan
[] Major Site Plan
r~ ~lajor Final Rat
[] Simple Subdivision
[~ Annexation
[] Temporary Use Permit
[] Cerldficate of Economic Non-Viability
c Certificate of Appropriateness
[] Other:
Please tvoe or mint legibly in ink
Property owner(s): N/A Phone:
Address: CE-y: State: Zip:
Fax Number:
IVlobile/Ceilular Number:
Applicant/Agent: Oty of Dubuoue Phone:
Address: atv Hall - 50 W. 13m SE
ab/: Dubuque State: ~A Zip: 52001-486~
Fax Number:
IVlobile/Cellular Number:
Site location/address: .__Qty-wide
Exisfingzoning:
Pmposed~ni~:
Historic Dist ddt.
Landmark:
Legal DescfipUon (Sidwell parcel [D~ or lot number/block number/subdMsion):
Total property (lot) area (square feet or acres):.
Describe proposal and reason necessa~/(attacfl a letter of explanation, if needed): To extend pedod of
validity for conditional use oermits from six months to two years.
C~RTIFICAT~ON: I/we, the undersigned, do hereby ceddfi/that:
1. The information submitted herein is true and correct to the best of my/our knowledge and upon
submittal becomes public record;
2. Fees are not refundable and payment does not guarant~e approval; and
3. All addiUonal required wril~en and graphic materials are attached.
PropertyOwner(s): /~j I~// ~ //
FOR OFFZCE USE ONLY - APPI..ZCAT/ON SUBIqTR'AL CHECKLTST
Fee: N/A Received by: Date: Docket:
[] Site/sketch plan [3 Conceptual Development Plan DPhoto [] Plat
D Impmvemant plans [~ Design review pmjec~ description [~ Floor plan [~ Other:
MEMORANDUM
August 27, 2002
To:Zoning Advisory Commission
From:Guy Hemenway, Assistant Planner
Subject:Proposed Text Amendment regarding Conditional Use Permit Expiration
Date
INTRODUCTION
Several recent Zoning Board of Adjustment cases have involved review of conditional
use permits for funeral homes, elderly care facilities and day care centers. Section 5-
3.4(F) states that, "No conditional use permit created by the Board shall be valid for a
period longer than six months from the date on which the Board grants the permit,
unless within such six month period, a building permit is obtained and the erection or
alteration of the structure is started, or, an occupancy permit is obtained, if required, and
the use has commenced." The same provision of the Ordinance allows the Board to
grant a minimum of two extensions not to exceed six months each upon written
application without further notice of public hearing.
DISCUSSION
For many projects, the conditional use permit application is undertaken at the beginning
of what can often be a lengthy process that may also involve site plan and building
design. Several applicants who were granted a conditional use permit in the past two
years have asked to extend the period of validity through written notice to the Zoning
Board of Adjustment. However, because many recent projects tend to be lengthier and
more complicated, it is often difficult for applicants to begin the project within the time
period allotted, even after filing for extensions. If an applicant fails to begin the project
within the period of validity, they must reapply to the Board and a new application, fee
and public rehearing are necessary.
RECOMMENDATION
In general, staff feels that a conditional use permit time limitation is appropriate;
however, a six-month time limit is too burdensome for the applicant. Staff recommends
that the time limitation for the period of validity for a conditional use permit be extended
to 2 years, with the ability to allow one six-month extension. Please review this
information and be prepared to make a recommendation to the City Council.