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Building Permit Prohibition Zon D~~~E ~ck~ MEMORANDUM August 31,2004 TO: The Honorable Mayor and City Council Members FROM: Michael C. Van Milligen, City Manager SUBJECT: Permit Prohibition during Consideration of Rezoning or Text Amendments Planning Services Manager Laura Carstens recommends City Council approval of an amendment to Chapter 11 (Building Regulations) of the City Code to prohibit the issuance of permits during consideration of a rezoning or text amendment. Currently, Section 11-3 of the Building Regulations in the City Code states that the building official is prohibited from issuing a building permit to the owners of real property when that property is subject to a rezoning. The proposed amendment would extend that prohibition to the situation where a text amendment of the Zoning or Subdivision Ordinance is under consideration. I concur with the recommendation and respectfully request Mayor and City Council approval. Il1L¡~ L14::1 /JtZll Michael C. Van Milligen MCVM/jh Attachment cc: Barry Lindahl, Corporation Counsel Cindy Steinhauser, Assistant City Manager Laura Carstens, Planning Services Manager l" D~ ~ck~ MEMORANDUM August26,2004 FROM: Michael C. Van Milligen, City Manager Laura Carstens, Planning Services Manager ~ Permit Prohibition during Consideration of Rezoning or Text Amendments TO: SUBJECT: INTRODUCTION This memo transmits an amendment to Chapter 11 (Building Regulations) of the City Code to prohibit the issuance of permits during consideration of a rezoning or text amendment. A marked-up version and final version of the ordinance amendment are enclosed for consideration. Legal staff has reviewed this ordinance amendment. DISCUSSION Currently, Section 11-3 of the Building Regulations in the City Code states that the building official is prohibited from issuing a building permit to the owners of real property when that property is subject to a rezoning. The proposed amendment would extend that prohibition to the situation where a text amendment of the Zoning or Subdivision Ordinances is under consideration. The purpose of the current regulations is to prevent issuance of a permit for a project that may ultimately be made non-conforming by a resulting rezoning of that same property. The proposed amendment would extend that prohibition to text amendments of the Zoning or Subdivision Ordinances, which could have the same effect of making a new use or building non-conforming. The current regulations also limit the permit prohibition from the date of the Zoning Advisory Commission's public hearing to the date of final action by the City Council. The proposed amendment would extend that time period from the date the application is filed with the Planning Services Department until the approved rezoning or text amendment is published in the local newspaper. RECOMMENDATION I recommend that the City Council adopt the enclosed ordinance prohibiting the issuance of a building permit during consideration of a zoning reclassification or text amendment to the Zoning or Subdivision Ordinances. LC/mkr Attachments cc: Kyle L. Kritz, Associate Planner Rich Russell, Building Services Manager Section 11-3. Pennit Issuance Prohibited during Consideration of a Zoning Reclassification or Text Amendment to the Zoning or Subdivision Ordinances PrÐhibited. The building official of the city is hereby prohibited from issuing a building permit for te the 9'.'Iner or owners of real property for which action has been initiated for the purpose of securing a change in the zoning reclassification of the property or for a text amendment to the Zoning Ordinance, Appendix A, or the Subdivision Ordinance, Chapter 42. The peried of SYsh prohibition shall be exteRå from the date of the effiGial filing of the application for a zoning reclassification or for a text amendment with aGt-Gf the planning ana Z9Aing oommission services department calling for a 3YÐlis heaFing on until up to and iASlyging the date of final action by the city CQuncil upen such zoning reclassification or text amendment, including publication as provided by law where the reclassification or amendment is adopted by the city council. Prepared by: Laura Carstens Citv Planner Address: 50 W. 13th St. Citv Hall Telephone: 589-4210 ORDINANCE NO. 65-04 AN ORDINANCE AMENDING SECTION 11-3 BUILDING REGULATIONS OF THE CITY OF DUBUQUE CODE OF ORDINANCES BY ADDING LANGUAGE TO PROHIBIT BUILDING PERMIT ISSUANCE DURING CONSIDERATION OF A ZONING RECLASSIFICATION OR TEXT AMENDMENT TO THE ZONING OR SUBDIVISION ORDINANCES NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That Appendix A (The Zoning Ordinance) and Section 42 (Subdivision Regulations) of the City of Dubuque Code of Ordinances is hereby amended by, to wit: Section 11-3. Permit Issuance Prohibited during Consideration of a Zoning Reclassification or Text Amendment to the Zoning or Subdivision Ordinances. The building official of the city is hereby prohibited from issuing a building permit for real property for which action has been initiated for a change in the zoning classification of the property or a text amendment of the Zoning or Subdivision Ordinances. The prohibition shall be from the date of the filing of the application with the planning services department until the date of final action of the city council upon such zoning reclassification or text amendment, including publication as provided by law where the reclassification or amendment is adopted by city council. Section 2. The foregoing amendment has heretofore been reviewed by the Legal Department 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 7th day of September, 2004. Terrance M. Duggan, Mayor Attest: Jeanne F. Schneider, City Clerk F : \Council\Planning \O90604ccmtg\permítmoratoriu mord. doc