Building Permit Prohibition Zon
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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
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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