Zoning - Separate, Adult Enter
Planning Services Deparhnent
City Hall
50 West 13th Street
Dubuque, Iowa 52001-4864
(563) 589-4210 office
(563) 589-4221 fax
(563) 690-6678 roD
p lanning@cityofdubuque.org
www.cityofdubuque.org
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October 8, 2004
The Honorable Mayor and City Council Members
City of Dubuque
City Hall - 50 W. 13th Street
Dubuque IA 52001
Text Amendment
Applicant: City of Dubuque
Description: Separation of School Property from Adult Entertainment Uses
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 Member Hemenway reviewed the staff report, existing separation requirements and
proposed change. He stated that the intent of the text amendment is to buffer two downtown
schools that lie outside existing residential districts by providing consistent separation from
adult entertainment uses as afforded to all other schools.
John Burgart, Superintendent of the Dubuque Community Schools, spoke regarding the text
amendment. He indicated that he became aware of the situation when a parent called
regarding the proximity of the new school to an existing adult business. Mr. Burgart also felt
that the downtown school should be afforded the same separation from adult businesses as
other schools in the school district.
Ryan Montague, owner of the Adult Warehouse, addressed the Commission noting that he
was notified of the proposal, has no plans to expand the business and had no additional
concerns.
The Zoning Advisory Commission discussed the request and felt it was appropriate.
Recommendation
By a vote of 5 to 0, the Zoning Advisory Commission recommends that the City Council
approve the request.
A simple majority vote is needed for the City Council to approve the request.
Respectfully submitted,
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Jeff Stiles, Chairperson
Zoning Advisory Commission
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Planning Services Department
Dubuque, IA 52001-4864
Phone: 563-589-4210
Fax: 563-589-4221
PLANNING APPLICATION FORM
0 Variance DRezoning
DConditional Use Permit DPianned District
DAppeal DPreliminary Plat
DSpecial Exception DMlnor Anal Plat
DUmited Setback Waiver X Text Amendment
DSimpie Site Plan
DMinor Site Plan
0 Major Site Plan
0 Major Final Plat
DSimpie Subdivision
DAnnexation
DTemporary Use Permit
DCertiftcate of Eronomic Non-Viability
DCertiftcate of Appropriateness
DOther:
Please tvoe or Drint legibly in ink
Property owner(s):
Phone:
Address:
oty:
State:- Zip:
Fax Number:
Mobile/Cellular Number:
City: DubuQue
Phone: ~
State: IA... Zip: 52001
Applicant/Agent: Citv of DubUQue
Address: 50 W. 13th Street
Fax Number: 589-4221
Mobile/Cellular Number:
Site location/address:
Existing zoning:
Proposed zoning: - Historic District:
landmark: -
Legal Description (Sidwell parcel 10# or lot number/block number/subdivision):
Total property (lot) area (square feet or acres):
Describe proposal and reason necessary (attach a letter of explanation, if needed): To amend Section 4-
8.3(1) of the Zonina Ordinance to orovide for a 1.200 foot seDaration of school Drooerties from adult
entertainment uses.
CERTIFICATION: I/we, the undersigned, do hereby certify 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 guarantee approval; and
3. All additional required written and graphic materials are attached.
Property Owner(s): Ill! 1/ iÎ.,jìL-
Applicant/Agent: ILe (,'" ' ( " --
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Date: f
Date: <!j.J¡ .IC (
FOR OmCE ~~ ~CATION SUBMmA~CHECKUST
Fee: N/A Received by: t Date: ~ 'ZÞH Docket:
DSite/sketch plan DConceptual De elopment Plan Dphoto Dlmprovement plans
DDesign review project description DFloor plan DPlat DOther:
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MEMORANDUM
September 16, 2004
TO: Zoning Advisory Commission
FROM: Laura Carstens, Planning Services Manager-~
SUBJECT: Separation of Schools from Adult Entertainment Uses
INTRODUCTION
This memo transmits a text amendment to the Zoning Ordinance providing for
separation of adult entertainment uses from school property to provide consistency in
spatial separation. Maps and an ordinance are attached.
DISCUSSION
The Zoning Ordinance requires separation between adult entertainment establishments
and residential or institutional zoning districts. The minimum separation required
between adult entertainment uses and residential or institutional districts is 1,200 feet.
The intent of the separation requirement is to help buffer residential and institutional
districts from adult entertainment establishments.
Currently, there is no separation requirement between school properties and adult
entertainment uses. The original assumption of the separation requirement was that all
school properties were within a residential or institutional district, and therefore buffered
from adult entertainment uses. However, Prescott School at 1249 White Street, and St.
Patrick's School at 1425 Iowa Street, are located in a C-4 Downtown Commercial
zoning district. Therefore, the separation requirement does not apply to these school
properties.
In an effort to provide both Prescott School and St. Patrick's School with the same
spatial separation that all other school properties enjoy, the City is proposing to amend
the Zoning Ordinance to require a 1,200 foot separation of adult entertainment uses
from all school properties. School properties are defined as all of those public, private
and parochial schools that are approved by the Iowa State Board of Public Instruction
(K-12).
The Supreme Court has ruled that a community cannot prohibit adult entertainment
uses. Cities must provide an adequate inventory of land that is zoned for adult
entertainment.
Text Amendment - Separation of Schools from Adult Entertainment Uses
September 16, 2004
Page 2
Requiring a 1,200 foot separation between adult entertainment and schools within the
City will have a very limited impact on the total amount of eligible property. Currently,
there are approximately 1,625 acres of land (8.95%) eligible for adult entertainment
uses within the City of Dubuque (see attached map). Expanding the separation
requirement to include all school properties would remove 27 acres from this current
inventory. With this reduction, over 8% of the city's land area still would remain eligible
for adult entertainment uses.
This text amendment will, however, make the Adult Warehouse at 975 Jackson Street
non-conforming. This adult entertainment establishment is 1,084 feet from the existing
Prescott School and 772 feet from the proposed site for the Downtown School (see
attached map). The non-conforming status means the Adult Warehouse cannot expand
its business at this location and cannot rebuild if destroyed by fire or other accident by
more than 75% of replacement cost.
RECOMMENDATION
The City recommends that the Zoning Advisory Commission approve the 1,200 foot
separation between adult entertainment uses and school properties to ensure
consistent spatial separation from adult entertainment uses for all school properties
within the city.
LC/mkr
Attachments
cc: Tim O'Brien, Assistant City Attomey
Prepared by: Laura Carstens City Planner Address: SOW. 13th St. City Hall Telephone: 589-4210
ORDINANCE NO. 75-04
AN ORDINANCE AMENDING APPENDIX A (THE ZONING ORDINANCE) OF THE CITY
OF DUBUQUE CODE OF ORDINANCES BY AMENDING SECTION 4-8.3(1) OF THE
ZONING ORDINANCE REGULATIONS GOVERNING THE LOCATION AND SPATIAL
SEPARATION OF ADULT ENTERTAINMENT ESTABLISHMENTS TO PROVIDE FORA
1,200 FOOT SEPARATION OF SCHOOL PROPERTIES FROM ADULT
ENTERTAINMENT USES.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. That Appendix A (The Zoning Ordinance) of the City of Dubuque Code of
Ordinances is hereby amended by repealing Section 4-8.3(1) and adopting the following new
Section 4-8.3(1) goveming the location and spatial separation of adult entertainment
establishments and establishing a 1,200 separation between all public or private (parochial)
primary and secondary school properties (K-12) and adult entertainment establishments stating:
(1) "Adult entertainment may be established within a commercial zoning district or any
industrial zoning district, but not within one thousand two hundred feet (1,200') of any
residential or institutional district and any public or private (parochial) primary or
secondary school property (K-12) approved by the Iowa State Board of Public
Instruction."
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.
October
Passed, approved and adopted this 18th day of October, 2004.
Terrance M. Duggan, Mayor
Attest:
Jeanne F. Schneider, City Clerk
F:\USERSIMELlNDA\WP\Commissions\ZAC\adult entertainment ord.doc
Expanded Adult Entertainment Separation
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Eligible Adult Ent Areas
12th St Peninsula
Property Eligible for Adult Ent. Uses
7/04
City Limits
1,200 Foot Separation
School Property
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1 Miles
. Dubuque Tech Park
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