Zoning Ordinance Section 6 Proposed Text Amendment
Planning Services Department
50 West 13th Street
Dubuque, Iowa 52001-4864
(319) 589-4210
(319) 589-4149 FAX
I3UOB~~E
~ck~
December 2, 1999
The Honorable Mayor and City Council Members
City of Dubuque
50 W. 13th Street
Dubuque, IA 52001
SUBJECT: Proposed Text Amendment to Section 6 of the Zoning Ordinance
Dear Mayor and City Council Members:
INTRODUCTION
The Long Range Planning Advisory Commission is proposing a text amendment to
Section 6 of the Zoning Ordinance. This text amendment provides for review by the Long
Range Planning Advisory Commission of zoning reclassifications (rezonings) that differ
from the Comprehensive Plan or are for areas outside of identified growth areas.
Background materials and a draft ordinance and attached for your review.
At our January, 1999 meeting, our Zoning Advisory Commission liaison conveyed
concerns that he felt the Zoning Advisory Commission had with the Quagliano, Aldi, Hilby
and Tschiggfrie rezoning requests, in which the Comprehensive Plan played a significant
role in public discussions. We hope this information will help address those concerns.
The Long Range Planning Advisory Commission is pleased to have the opportunity to
review how the Comprehensive Plan was developed and to share our views as to its use
in reviewing rezoning requests. We have prepared this information and attached
background materials related to our proposed text amendment.
BACKGROUND
In 1990, the City Council split the Planning and Zoning Commission into the Zoning
Commission and the Long Range Planning Commission. The two commissions were
created to allow each commission to focus on their areas of responsibility. Prior to the
split, the Planning and Zoning Commission had experienced difficulty finding time to do
long range planning with their case load of rezonings and subdivisions. In creating the
two commissions, the City Council defined the duties of each commission and the
Comprehensive Plan. A copy of the City Code on Planning and Zoning is enclosed for
your information.
The development of the Comprehensive Plan first began in 1990 with the Vision 2000 Tri-
State Community Planning process. In 1993-1994, we studied the development needs
for the community for single-family residential, multi-family residential, commercial,
Service
People
Integrity
Responsibility
Innovation
Teamwork
The Honorable Mayor and City Council Members
Proposed Text Amendment to Section 6 of the Zoning Ordinance
Page 2
industrial and park/open space for the next 20 years, and identified 38 potential growth
areas of vacant, developable land that could be served by City utilities.
From 1990 to 1994, the Long Range Planning Commission conducted an extensive
public input process during which literally thousands of citizens offered input. The
Commission asked for input from the community, and many of the property owners in and
around the growth areas provided their thoughts as to what they felt the land uses should
be. The results of a Development Needs Study and the public input were used to
develop the Future Land Use Map of the Comprehensive Plan, as well as the goals and
objectives of the Comprehensive Plan's fourteen elements.
The Comprehensive Plan was developed with extensive community input, and represents
the community's land use vision. We believe that the City Council looks at the
Comprehensive Plan as a very strong guide, planned by the people of this community.
We further believe that the Comprehensive Plan is a very strong plan that needs to be
updated and adjusted periodically.
Even given all this, the Comprehensive Plan is intended to serve as a guide, and is not
cast in concrete. The land use boundaries in the growth areas of the Future Land Use
Map are not exact, but rather are conceptual. The Future Land Use Map is not a zoning
map.
However, given the extent of public input that went into the development of the
Comprehensive Plan and the Future Land Use Map, the onus is on the applicant for
rezoning to make the case why something different from the Plan should be approved.
We believe it is appropriate to require compelling reasons why we should do something
different than the Comprehensive Plan.
DISCUSSION
The Long Range Planning Advisory Commission is proposing the attached text
amendment as a process to deal with proposals that are inconsistent with the
Comprehensive Plan, and for areas that are outside the boundaries of the Future Land
Use Map. We would like to share our text amendment with the Zoning Advisory
Commission in the future.
As we begin to review and discuss the roles of the two Commissions, and how we may
work together to resolve land use issues, we thought it appropriate to share the enclosed
information on planning and zoning prepared by Iowa State University Extension in their
1989 publication, A Guide to Common Planning and Zoning Procedures. In particular, we
draw your attention to items 3 and 4 on page 5 of the ISU publication which provides a
series of questions to consider when reviewing rezoning requests. In addition, we would
like to reiterate the following excerpt from the ISU publication:
The Honorable Mayor and City Council Members
Proposed Text Amendment to Section 6 of the Zoning Ordinance
Page 3
Zoning is a . . .
· Means for avoiding land use conflicts between one neighbor and another.
· Tool used to insure that new uses and structures will have characteristics
generally compatible with others in the area.
· Way of promoting the welfare of the community by guiding its growth along orderly
lines.
· Method of implementing the comprehensive plan.
· Legal and enforceable document which is prepared by the planning and zoning
commission and adopted by the legislative body (Board of Supervisors or City
Council).
But zoning can only be effective if it is . . .
· based on a sound understanding of the community's needs and reflects citizens'
desires and concepts of what the community should be;
· used with competent legal and other technical assistance as needed;
· based on a properly structured and enacted zoning ordinance;
· consistently, fairly, and impartially administered and enforced;
· administered in strict compliance with procedures required by statutes and all
procedures specified in the zoning ordinance;
· periodically reviewed and updated;
· understood and supported by the public; and
· an integral part of the mechanisms adopted by the community to implement
community plans and growth management programs.
RECOMMENDATION
Bya vote of 5 to 1, the Long Range Planning Advisory Commission recommends the
attached text amendment to the Zoning Ordinance regarding process steps to be taken
for proposals that differ from the Comprehensive Plan. Planning Commissioners have
proposed this amendment as a means to deal with rezoning requests that differ from the
Comprehensive Plan or occur in areas outside of identified growth areas. The text
amendment would be made to Section 6 of the Zoning Ordinance, which deals with the
rezoning process (see attachment).
Planning Commissioners have proposed two different processes for proposals that differ
from the Comprehensive Plan. One process is for rezonings in unidentified growth areas.
The other is for rezonings that differ from the Comprehensive Plan for identified growth
areas. These are described below.
The Honorable Mayor and City Council Members
Proposed Text Amendment to Section 6 of the Zoning Ordinance
Page 4
Unidentified Growth Areas
To deal with areas outside the boundaries of the Comprehensive Plan (Le., unidentified
growth areas), the Planning Commission recommends the following process:
The applicant for a rezoning or PUD Planned Unit Development request would appear
before the Long Range Planning Advisory Commission at a public hearing to request a
land use map amendment to the Comprehensive Plan for the property. Notification of the
public hearing would be published in the local newspaper and mailed to property owners
within 200 feet. The Planning Commission would hold the public hearing on the land use
request, and then transmit a recommendation on the land use map amendment to the
Zoning Advisory Commission.
The Zoning Commission then would hold their public hearing on the rezoning or PUD
request, and the land use map amendment request, having received the land use
recommendation of the Planning Commission. After the public hearing, the Zoning
Commission would transmit their recommendations on the land use map amendment and
the rezoning or PUD request to the City Council. The Planning Commission's
recommendation on the land use map amendment also would be transmitted to the City
Council. The City Council then would follow their public hearing process.
Procedurally, the land use map amendment would need to be considered by the Zoning
Commission and the City Council before their consideration of the rezoning or PUD
request. The denial of a land use map amendment would not mean denial of the
rezoning or PUD request.
Inconsistencies with the Comprehensive Plan
To deal with rezoning requests that differ from the Comprehensive Plan (Le.,
inconsistencies with the Comprehensive Plan, such as industrial or commercial uses
proposed for an area identified for residential land uses), the Planning Commission
recommends the following process:
If the applicant requests a rezoning or a PUD that the Zoning Advisory Commission
believes is or may be inconsistent with the Comprehensive Plan's land use map or land
use goals, then the Zoning Commission will table the public hearing, after taking public
input on the request, to their next regular meeting. The Zoning Commission then would
refer the rezoning or PUD request to the Long Range Planning Advisory Commission for
a recommendation on land use.
The Planning Commission would consider the request and the public input received by
the Zoning Commission, at their next regular meeting. The Planning Commission would
consider the request as an action item, not as a public hearing. The Planning
Commission then would transmit a recommendation to the Zoning Commission for
consideration at their next regular meeting. The Zoning Commission would provide a
The Honorable Mayor and City Council Members
Proposed Text Amendment to Section 6 of the Zoning Ordinance
Page 5
recommendation to the City Council on the rezoning or PUD request. The City Council
then would follow their public hearing process.
Although the Planning Commission would not review the rezoning request at a public
hearing, they can choose to take input from the applicant and the general public.
Property owners within 200 feet would not be mailed a notice regarding the Planning
Commission's consideration of the request. A denial of a land use map amendment
would not mean denial of the rezoning or PUD request.
ACTION REQUESTED
The Long Range Planning Advisory Commission requests that the City Council refer the
proposed text amendment to the Zoning Advisory Commission. The Zoning Advisory
Commission would hold a public hearing on the text amendment, and then provide a
recommendation for the City Council to consider at your public hearing on the text
amendment.
We appreciate the opportunity to share our thoughts, and welcome a continued dialogue
with the City Council and the Zoning Advisory Commission regarding the Comprehensive
Plan and rezonings.
Sincerely,
~. E.-,~/~
Gordon E. Mills, Chairperson
Long Range Planning Advisory Commission
Enclosures
cc: Long Range Planning Advisory Commission
Prepared by: Laura Carstens.City Planner Address: City Hall. 50 W. 13th St.. DubuQue. Iowa Telephone: 589-4210
ORDINANCE NO. -00
AN ORDINANCE AMENDING THE CITY OF DUBUQUE CODE OF ORDINANCES BY
AMENDING SECTION 6 OF APPENDIX A (THE ZONING ORDINANCE) TO PROVIDEfi)
FOR REVIEW BY THE LONG RANGE PLANNING COMMISSION OF ZONING
RECLASSIFICATIONS THAT DIFFER FROM THE COMPREHENSIVE PLAN OR
INVOLVE UNIDENTIFIED GROWTH AREAS.
Whereas, the City Council has adopted a Comprehensive Plan for the City of
Dubuque and its environs to serve as a guide for annexation, rezoning and subdivision
requests; and
Whereas, the Long Range Planning Advisory Commission has the responsibility for
the continuing review of the Comprehensive Plan; and
Whereas, the Zoning Advisory Commission has the responsibility to implement the
Comprehensive Plan through review of annexation, rezoning and subdivision requests; and
Whereas, the Long Range Planning Advisory Commission desires to assist the
Zoning Advisory Commission with review of zoning reclassifications that differ from the
Comprehensive Plan or involve unidentified growth areas.
NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. That Appendix A (the Zoning Ordinance) be amended by adding Section
6-1 .X Consistency with the Comprehensive Plan as follows:
Section 6-1. X Consistency with the Comprehensive Plan
fA) Land Use Map Amendment -- Unidentified Growth Areas: For a zoning
reclassification request that includes a potential growth area that lies outside the
boundaries of or was not identified on the future land use map of the 1995
Comprehensive Plan, a land use map amendment must be approved prior to approval
of the zoning reclassification request. For purposes of this ordinance, a planned unit
development shall be considered to be a zoning reclassification request.
Ordinance No. -00
page 2
1 . Application Requirements. For a zoning reclassification request that requires a
land use amendment, the applicant for the reclassification request shall submit
a land use map amendment concurrent with the zoning reclassification request,
together with the fee as specified in Section 7-2 of this ordinance, to the
Planning Services Department.
2. Planning Commission Action. The Long Range Planning Advisory Commission
shall consider the land use map amendment at a public hearing. The Planning
Commission shall hold its public hearing prior to the public hearing held by the
Zoning Advisory Commission on the zoning reclassification request.
Following the public hearing, the Planning Commission may act to recommend
approval, approval with conditions, denial or tabling of the amendment. The
affirmative vote of at least five (5) Planning Commission members shall be
required to constitute a approval of a land use map amendment, and any lesser
number of affirmative votes shall constitute denial of the amendment. A failure
of the Planning Commission to consider a land use map amendment within
sixty (60) days following the first Planning Commission meeting at which the
amendment is received shall constitute Planning Commission approval of the
amendment, unless the applicant of the amendment requests an extension of
this sixty-day limitation.
3. Notice and Hearing Requirements. Notice of Planning Commission hearings and
hearing procedures shall be in accordance with Section 6-2 of this ordinance.
4. Zoning Advisory Commission Action. Following receipt of any recommendation
of the Planning Commission, or on a finding that the Planning Commission has
not considered the land use map amendment within the sixty (60) day
limitation, the Zoning Advisory Commission shall consider the zoning
reclassification request at a public hearing. Zoning Advisory Commission
action on shall be in accordance with Sections 6-1 .4 and 6-2 of this
ordinance.
5. City Council Action. Following receipt of any recommendation of the Planning
Commission, or on a finding that the Planning Commission has not considered
Ordinance No. -00
page 3
the land use map amendment within the sixty (60) day limitation, the City
Council shall initiate final action on the amendment. The Council shall act on
the land use map amendment prior to acting on the zoning reclassification
request. City Council action on the zoning reclassification request shall be in
accordance with Section 6-1 .5 of this ordinance, and may occur at the same
City Council meeting as the action on the land use map amendment.
The City Council shall act to hold its own public hearing on the land use map
amendment, at which time all interested parties shall have an opportunity to be
heard. Notice of the date, time and place of such hearing shall be published in
a newspaper of general circulation in the City at least seven (7) days and not
more than twenty (20) days prior to the hearing.
Following the public hearing, the City Council shall act to approve, approve
with conditions, deny or table the land use map amendment. Approval of the
zoning reclassification request shall not be conditioned on approval of the land
use map amendment.
(8) Land Use Map Amendment -- Identified Growth Areas: For a zoning reclassification
request that differs from or is inconsistent with the land uses for a potential growth
area identified on the future land use map of the 1995 Comprehensive Plan, a land
use map amendment must be approved prior to approval of the zoning
reclassification request. For purposes of this ordinance, a planned unit development
shall be considered to be a zoning reclassification request.
1. Application Requirements. For a zoning reclassification request that requires a
land use amendment, the applicant for the reclassification request shall submit
a land use map amendment concurrent with the zoning reclassification request,
together with the fee as specified in Section 7-2 of this ordinance, to the
Planning Services Department.
2. Zoning Advisory Commission Referral. The Zoning Advisory Commission may
not recommend approval of any zoning reclassification request that it
determines is inconsistent with the land uses for a potential growth area
identified on the future land use map of the 1995 Comprehensive Plan, without
first referring the zoning reclassification request a recommendation from the
Ordinance No. -00
page 4
Long Range Planning Advisory Commission for a recommendation on a land use
map amendment to the Comprehensive Plan.
3. Planning Commission Action. The Long Range Planning Advisory Commission
shall consider the land use map amendment at a public meeting. The Planning
Commission shall hold its public meeting prior to the public hearing held by the
Zoning Advisory Commission on the zoning reclassification request.
4. Zoning Advisory Commission Action. Following receipt of any recommendation
of the Planning Commission, or on a finding that the Planning Commission has
not considered the land use map amendment within the sixty (60) day
limitation, the Zoning Advisory Commission shall consider the zoning
reclassification request at a public hearing. Zoning Advisory Commission
action on the zoning reclassification request shall be in accordance with
Sections 6-1.4 and 6-2 of this ordinance.
5. City Council Action. Following receipt of any recommendation of the Planning
Commission, or on a finding that the Planning Commission has not considered
the land use map amendment within the sixty (60) day limitation, the City
Council shall initiate final action on the amendment. The Council shall act on
the land use map amendment prior to acting on the zoning reclassification
request. City Council action on the zoning reclassification request shall be in
accordance with Section 6-1 .5 of this ordinance, and may occur at the same
City Council meeting as the action on the land use map amendment.
The City Council shall act to hold its own public hearing on the land use map
amendment, at which time all interested parties shall have an opportunity to be
heard. Notice of the date, time and place of such hearing shall be published in
a newspaper of general circulation in the City at least seven (7) days and not
more than twenty (20) days prior to the hearing.
Following the public hearing, the City Council shall act to approve, approve
with conditions, deny or table the land use map amendment. Approval of the
zoning reclassification request shall not be conditioned on approval of the land
use map amendment.
Ordinance No. -00
page 5
Section 2. This ordinance has heretofore been considered by the Zoning Advisory
Commission.
Section 3. This ordinance shall become effective upon publication, as provided by
law.
Passed, approved and adopted this
day of
,2000.
Terrance M. Duggan, Mayor
Attest:
Mary A. Davis, City Clerk
COUNCIL\lrpac.ord 1
Sec. 36-l.
Sec. 36-2.
Sec. 36-3.
Chapter 36
PLANNING; ZONINGl
Article I. Comprehensive Plan, In General
Comprehensive Plan Defined
Elements Of Comprehensive Plan
Community Planning Defined
Article II. Long-Range Planning Advisory Commission
Sec. 36-4.
Sec. 36-5.
Sec. 36-6.
Sec. 36-7.
Sec. 36-8.
Sec. 36-9.
Sec. 36-10.
Sec. 36-10.l.
Sec. 36-11.
Sec. 36-12.
Sec. 36-13.
Sec. 36-14.
Sec. 36-15.
Long-Range Planning Advisory Commission Created, Composition
Application And Appointment Process
Term; Filling Of Vacancies; Compensation
Powers
Organization
Procedures For Operations
Article III. Zoning Advisory Commission
Zoning Advisory Commission Created; Composition; Appointment
Appointment 1b Airport Zoning Commission
Application And Appointment Process
Terms; Filling Of Vacancies; Compensation
Powers
Organization; Meetings
Procedures Of Operation
1. See also Administration, Ch. 2; Boats, Boating And Municipal Waterfront, Ch. 10; Civic Center, Ch. 13; Civil Defense, Ch. 14;
Community Development, Ch. 15; Historic Preservation, Ch. 25; Parks And Recreation, Ch. 34; Subdivision Regulations, Ch. 42;
Zoning App. A.
Supp. No. 29
2299
PLANNING; ZONING
ARTICLE I. COMPREHENSIVE PLAN,
IN GENERAL
Sec. 36-1. Comprehensive Plan Defined:
Comprehensive Plan: The community's princi-
ple tool to guide its future development, public
policies and decision making. The Comprehen-
sive Plan is only intended as a guide and shall
not be interpreted or construed to give rise to
any enforceable rights or remedies.
Such community plan must be:
(1) Value driven;
(2) Product of and periodically tested and
updated by a community planning pro-
cess;
(3) Involves all aspects of the community
(physical, environmental, social, cultural,
economic, emotional and spiritual);
(4) Long-range in focus, covering a period of
from ten (10) to fifteen (15) years;
(5) Include the entire community geographi-
cally, not just one or more sections;
(6) Action oriented;
(7) Approved by City Council resolution.
(Ord. 11-90, ~ 2, 2-5-1990)
Sec. 36-2. Elements Of Comprehensive
Plan:
The Comprehensive Plan consists of the fol-
lowing elements:
(1) Shared Vision Statement: This element
summarizes the shared vision which is a
product of the community planning pro-
cess.
(2) Statement Of Policy, Goals And Objec-
tives: This element explains the direc-
tion, ideals and desires which the Com-
Supp. No. 29
~ 36-2
prehensive Plan is intended to satisfy.
This Section serves as the justification
for many of the planning and budget
decisions and ordinances and regulations
which follow.
(3) Inventory Analysis: This Section includes
a complete description of current condi-
tions in the community and represents a
shared data base for use in developing
the various elements of the Comprehen-
sive Plan. It includes population charac-
teristics and projections; income informa-
tion; housing information; economic ac-
tivity (retail, services and industry);
employment characteristics and needs;
natural environment (soils, climate,
vegetation, and topography); transporta-
tion information; survey of existing land
use; utility systems; community facili-
ties; history and culture of the residents;
problems and issues identified by com-
munity planning process; feelings and
image of the community as viewed by its
residents; and similar data. This analy-
sis should identify community trends,
project such trends into the future and
assess the probable impact. The invento-
ry analysis should identify and include
all appropriate studies and analysis done
by City, County, State and Federal agen-
cies.
(4) Land Use Element: This element includes
a description of existing land use pat-
terns and identifies the best future phys-
ical development of the community. It
becomes the guide for the Official Zoning
Map and for making zoning and subdivi-
sion decisions, but only such decisions by
the City Council may be binding and
enforceable. It is the guide in regard to
the best utilization of private and public
development, the timing of that develop-
ment and its association with other pub-
lic improvements.
(5) Transportation Element: The total trans-
portation network which serves the com-
munity is inventoried, mapped and eval-
uated in this element. In addition to the
2301
~ 36-2
DUBUQUE CODE
/
local streets and highways, this element
includes air traffic (passenger and
freight handling); railroad service; other
public transportation (bus and traffic-
type modes) and water transportation.
(6) Housing Element: This element considers
the present condition of housing; the
community's housing needs in terms of
condition, availability and affordability
and future demand. Areas with housing
in need of substantial rehabilitation and
maintenance are identified, and financial
and service assistance are addressed as
they relate to improving the housing
stock.
(7) City Physical Infrastructure Element:
This element is to analyze the current
and future needs of the City's physical
infrastructure system. These future
needs must be compatible and consistent
with the Land Use Plan and Transporta-
tion Plan. The City's physical infrastruc-
ture includes:
a. Parks and open spaces plan;
b. Water treatment and distribution
plan;
c. Wastewater collection and treatment
plan;
d. Stormwater management plan;
e. Floodwall management plan;
f. Library long-range plan;
g. Parking system long-range plan;
h. Solid waste management plan;
i. Capital improvements program
(ClP);
j. Electric, natural gas, cable TV and
telecommunications distribution
plans;
Supp. No. 29
2302
k. Public buildings plans of City, Coun-
ty and school systems;
1. Vacant land study (capability for
development).
(8) Public Safety Element: This element
reviews the current and future needs of
the police, fire, communications, and
code enforcement activities based upon
current and projected workload and com-
munity goals, desires and priorities.
(9) Public Health Element: This element
determines the current and future public
health needs and priorities of the com-
munity. This plan should look specifical-
ly at community public health nursing
services, communicable disease preven-
tion and control issues and actions and
environmental health needs and actions.
(10) Public Education Element: This element
is concerned with the quality and quanti-
ty of education provided to the communi-
ty by the public, parochial and private
education districts and facilities. (This
narrative should be completed by such
education providers and includes an
inventory of facilities, conditions, pro-
grams, uses, statistics, needs, improve-
ments planned, etc.)
/
I
(11) Human Services Element: This element is
to study current efforts and needs in
providing basic services and amenities to
the needy, disadvantaged and underem-
ployed. (This narrative should be com-
pleted by human services providers and
include the delivery of services, pro-
grams, uses and conditions of facilities,
client data, needs, plans, etc.)
(12) Special Plans Element: This element
includes areas and issues of special con-
cern which require special consideration
and planning. These include:
a. Economic development plan;
b. Long-range annexation plan;
PLANNING; ZONING
c. Downtown redevelopment plan;
d. Historic preservation plan;
e. Tourism development plan;
f. Riverfront development plan;
g. Freeway corridor plan;
h. Urban renewal plan;
l. Urban revitalization plan.
(13) Implementation Element: This element
details the necessary and agreed upon
action steps, responsibility, schedule and
cost to implement the goals, objectives
and recommendations of the Comprehen-
sive Plan. The community planning pro-
cess should serve to assist the City Coun-
cil, City administration and community
leaders in prioritizing implementation.
(Ord. 11-90, ~ 2, 2-5-1990)
Sec. 36-3. Community Planning Defined:
Community Planning: A process by which a
community decides what kind of future it wants
by establishing a shared vision of the future
and then establishes the policies, goals and
management tools (Le., specific plans, assign-
ments and regulations) to help reach that de-
sired future. The emphasis is on a process and
direction more than on a plan or document. The
community planning process is comprehensive
in scope, future oriented, highly participatory
and emphasizes consensus decision making.
(Ord. 11-90, ~ 2, 2-5-1990)
ARTICLE II. LONG-RANGE PLANNING
ADVISORY COMMISSION
Sec. 36-4. Long-Range Planning Advisory
Commission Created; Composi-
tion:
There is hereby created a City Long-Range
Supp. No. 29
~ 36-6
Planning Advisory Commission, which shall
consist of nine (9) members including a member
of the City Council designated by the City
Council, a member of the Zoning Advisory Com-
mission designated by the Zoning Advisory
Commission and seven (7) residents of the City
appointed by the City Council who shall be
qualified by their knowledge, experience and
ability to contribute to the City's long-range
planning and development efforts.
The City Council shall annually designate a
Councilmember to serve as an alternate in the
absence of the Council's designated representa-
tive and the Zoning Advisory Commission shall
annually designate a Commission member to
serve as an alternate in the absence of the
Commission's designated representative. (Ord.
11-90, ~ 2, 2-5-1990; Ord. 49-93, ~ 1, 8-16-1993;
Ord. 88-95, ~~ 2, 3, 12-18-1995, eff. 1-1-1996)
Sec. 36-5. Application And Appointment
Process:
The appointment process to the Commission
by the City Council shall include at least the
following:
(1) An application form requesting basic
information on the education, training,
experience, expectations and other quali-
fications of the applicant;
(2) Notice to and an opportunity for the
general public to comment in writing on
the qualifications of each applicant; and
(3) A formal interview by the City Council to
determine the applicant's qualifications
and ability to effectively serve on the
Commission. (Ord. 11-90, ~ 2, 2-5-1990)
Sec. 36-6. Term; Filling Of Vacancies; Com-
pensation:
The term of office for a resident member shall
be three (3) years or until a successor is duly
appointed. Two (2) of the initial terms shall be
for a term of one year; two (2) of the initial
2303
~ 36.6
DUBUQUE CODE
terms shall be for two (2) years; and two (2) of
the initial terms for three (3) years.
A Commission member may be removed at
any time with or without cause by a vote of two-
thirds (2fa) of all members of the City Council.
A vacancy occurring on the Commission
caused by resignation or otherwise, shall be
filled by appointment by the City Council for
the remainder of the unexpired term.
Members of the Commission shall serve with-
out compensation except for actual expenses,
which shall be subject to approval by the City
Council. (Ord. 11-90, ~ 2, 2-5-1990)
Sec. 36-7. Powers:
The Commission shall have the following
powers, duties and responsibilities:
(1) To provide a leadership role in the plan-
ning, coordinating and sponsoring of a
periodic community planning process;
(2) To coordinate and supervise the prepara-
tion and maintenance of the Comprehen-
sive Plan;
(3) To provide input to the City Manager in
the preparation of the City Manager's
recommended multi-year capital im-
provement program (CIP);
(4) To make comprehensive studies of the
present condition and the future growth
of the City to provide input into the
community planning process and to guide
and accomplish a coordinated, consistent
and harmonious development of the City
in accordance with the present and fu-
ture needs thereof to the end that the
health, safety, morales, order, conve-
nience, prosperity and general welfare
may be promoted;
(5) To make or cause to be made such sur-
veys, studies, maps, plans, or charts of
the City with due regard to its relation
Supp. No. 29
to neighboring territory as may be deter-
mined as necessary to carry out the pur-
poses of the Commission;
(6) To recommend amendments to all or a
part of the Comprehensive Plan in re-
sponse to the community planning pro-
cess, upon its own initiative or upon
recommendation presented by the Zoning
Advisory Commission, but only after a
public hearing;
(7) To review proposed urban renewal plans
and urban renewal plan amendments
and urban revitalization plans and urban
revitalization plan amendments for con-
sistency with the Comprehensive Plan
for the City;
(8) To undertake public information efforts
to enhance public understanding of the
community planning process generally
and the Comprehensive Plan specifically;
and
(9) To undertake from time to time other
specific long-range planning projects
which may be referred to it by the City
Council.
The City Council shall have the authority to
establish or revise the priorities of the Commis-
sion. (Ord. 11-90, ~ 2, 2-5-1990; Ord. 88-95, ~ 3,
12-18-1995, eff. 1-1-1996)
Sec. 36-8. Organization:
The Commission shall choose annually, at its
first regular meeting of the fiscal year, one of
its members to act as chairperson, and another
of its members to act as vice-chairperson, to
perform all of the duties of the chairperson
during the chairperson's absence or disability.
The Commission shall adopt such rules and
regulations governing its organization and pro-
cedures as it may be deemed necessary.
(1) The Commission shall meet as necessary
to fulfill the purposes of which the Com-
mission was created.
~
(
2304
PLANNING; ZONING
(2) Members of the Commission shall attend
at least two-thirds eta) of all regularly
scheduled meetings within any twelve
(12) month period. If any member fails to
attend such prescribed number of meet-
ings, such failure shall constitute
grounds for the Commission to recom-
mend to the City Council that said mem-
ber be replaced. Attendance of all mem-
bers shall be entered on the minutes.
(3) All meetings shall be held in accordance
with the provisions of the Iowa Open
Meetings Law.
(4) The Commission shall file with the City
Clerk a copy of the minutes of each regu-
lar and special meeting of the Commis-
sion within ten (10) working days after
each such meeting. (Ord. 11-90, ~ 2,
2-5-1990)
Sec. 36.9. Procedures For Operations:
All administrative, personnel, accounting,
budgetary and procurement policies of the City
shall govern the Commission in all its opera-
tions. (Ord. 11-90, ~ 2, 2-5-1990)
ARTICLE III. ZONING ADVISORY COM.
MISSION!
Sec. 36-10. Zoning Advisory Commission
Created; Composition; Ap-
pointment:
There is hereby created a City Zoning Adviso-
ry Commission, which shall consist of seven (7)
residents of the City, appointed by the City
Council, who shall be qualified by knowledge,
experience and ability to act in matters pertain-
ing to short-range planning and zoning, none of
whom shall hold an elective position in the
City. (Ord. 11-90, ~ 2, 2-5-1990; Ord. 88-95, ~ 3,
12-18-1995, eff. 1-1-1996)
~ 36-12
Sec. 36-10.1. Appointment To Airport
Zoning Commission:
Two (2) members of the Commission shall be
appointed by the City Council to serve on the
Airport Zoning Commission. A member shall
serve out the term on the Airport Zoning Com-
mission even if the member's term on the Zon-
ing Commission has expired. (Ord. 86-95,
12-18-1995)
Sec. 36.11. Application And Appointment
Process:
The appointment process to the Commission
by the City Council shall include at least the
following:
(1) An application form requesting basic
information on the education, training,
experience, expectations and other quali-
fications of the applicant;
(2) Notice to and an opportunity for the
general public to comment in writing on
the qualifications of each applicant; and
(3) A formal interview by the City Council to
determine the applicant's qualifications
and ability to effectively serve on the
Commission. (Ord. 11-90, ~ 2, 2-5-1990)
Sec. 36-12. Terms; Filling Of Vacancies;
Compensation:
The term of office for members of the Zoning
Advisory Commission shall be three (3) years or
until a successor is duly appointed. Two (2) of
the initial terms shall be for a term of one year;
two (2) of the initial terms for two (2) years;
and three (3) of the initial terms for three (3)
years.
A Commission member may be removed at
any time with or without cause by a vote of two-
thirds (%) of all members of the City Council.
Supp. No. 29
1. See also Airport zoning commission, Sec. 4-61 et seq.; airport zoning regulations Sec. 4-71 et seq.
2305
~ 36-12
DUBUQUE CODE
A vacancy occurring on the Commission
caused by resignation or otherwise, shall be
filled by appointment by the City Council for
the remainder of the unexpired term.
All members of the Commission shall serve
without compensation except for actual expens-
es, which shall be subject to approval by the
Council. (Ord. 11-90, ~ 2, 2-5-1990; Ord. 88-95,
~ 3, 12-18-1995, eff. 1-1-1996)
Sec. 36-13. Powers:
The Zoning Advisory Commission shall con-
cern itself with short-range physical planning
and shall have and possess the following pow-
ers, duties and responsibilities:
(1) To prepare and recommend a Zoning
Ordinance by exercising the powers con-
ferred by Iowa Code chapter 414, "Munic-
ipal Zoning". Such Zoning Ordinance
shall include the boundaries of the vari-
ous zoning districts; the height, number
of stories and size of buildings and other
structures in each district; the percent-
age of ground that may be occupied;
setback requirements; the size of yards,
courts and other open space; the density
of population; the location and use of
buildings, structures, and land for trade,
industry, commercial, residential or
other purposes; and such regulations and
restrictions necessary to enforce such
zoning provisions. To this end the Zoning
Advisory Commission shall prepare a
preliminary Zoning Ordinance and hold
public hearings thereon and after such
hearings have been held, shall submit a
final Zoning Ordinance and its recom-
mendations to the City Council;
(2) To recommend to the City Council, from
time to time, as conditions require,
amendments, supplements, changes or
modifications to the Zoning Ordinance
but only after a public hearing;
(3) To make such surveys, studies, maps,
plans or plats of the whole or any portion
Supp. No. 29
of the City and of any land outside there-
of, which in the opinion of the Zoning
Advisory Commission are consistent with
the Comprehensive Plan and are neces-
sary to carry out the purposes of the
Commission;
(4) To make recommendations to the City
Council upon plans, plats or replats of
subdivisions or resubdivisions within the
City which show streets, alleys or other
portions of the same intended to be dedi-
cated for public use;
(5) To make recommendations to the Long-
Range Planning Advisory Commission on
the preparation and maintenance of the
Comprehensive Plan;
(6) To fulfill those duties and responsibili-
ties assigned to a City Planning Commis-
sion in Iowa Code chapter 409, "Plats";
and
(7) To undertake from time to time other
specific short-range planning projects
which may be referred to it by the City
Council.
The City Council shall have the authority to
establish or revise the priorities of the Commis-
sion. COrd. 11-90, ~ 2, 2-5-1990; Ord. 88-95,
~~ 2, 3, 12-18-1995, eff. 1-1-1996)
Sec. 36-14. Organization; Meetings:
(a) The Zoning Advisory Commission shall
choose annually, at its first regular meeting of
the fiscal year, one of its members to act as
chairperson, and another of its members to act
as vice-chairperson, to perform all of the duties
of the chairperson during the chairperson's
absence or disability. The Commission shall
adopt such rules and regulations governing its
operation and procedure as may be deemed
necessary.
(b) The Zoning Advisory Commission shall
hold a regular meeting at least monthly.
2306
PLANNING; ZONING
~ 36-15
(c) Members of the Zoning Advisory Commis-
sion shall attend at least two-thirds e/3) of all
regularly scheduled meetings within any twelve
(12) month period. If any member fails to at-
tend such prescribed number of meetings, such
failure shall constitute grounds for the Commis-
sion to recommend to the City Council that said
member be replaced. Attendance of all members
shall be entered on the minutes.
(d) All meetings shall be held in conformance
with the provisions of the Iowa Open Meetings
Law.
(e) The Zo~ing Advisory Commission shall file
with the City Clerk a copy of the minutes of
each regular and special meeting of the Com-
mission within ten (10) working days after each
such meeting. (Ord. 11-90, ~ 2, 2-5-1990; Ord.
88-95, ~ 3, 12-18-1~95, eff. 1-1-1996)
,
Sec. 36-15. Procedures Of Operation:
All administrative, personnel, accounting,
budgetary and procurement policies of the City
shall govern the Zoning Advisory Commission
in all its operations. (Ord. 11-90, ~ 2, 2-5-1990;
Ord. 88-95, ~ 3, 12-18-1995, eff. 1-1-1996)
Supp. No. 29
2307
[The next page is 2353]
A GUIDE TO COMMON PlAN"I\'"ING A"\1)
ZONll~G PROCEDURES
e
Introduction
The planluIlg and zoning process directly
affects the lives of more than 85 percent of all
Iov;ans because they live in cities or counties
which have prepared comprehensive plans
and/or adopted ZOn..hig ordinances. Yet it is
easy for people who encounter this process to
become confused by the labryinth of terms and
p.:-ocedures. This is equally true for local
elected officials. those appointed to serve on
Boards of Adjustment or the Planning and
Zoning Commissions. or citizens with concerns
about pla.m'li.Tlg and wning. This guide is
designed to ~xplain the planning and 2CnL'1g
puzzle and to describe some common zonL.'1g
procedures.
()
Every Iowa jurisdiction which adopts planpJng
and zoning does so according to the state
enabling legislation which passes the state's
authority" for pla,."1Iling and zon.i..""1g to the local
level. This legislation may be found in Chapter
3581\. (county enabling legislation) ~T}d Chapter
414 (Municipal enabling legislation) of the
Iowa Code. So, whUe the provisions of local
pLll,nir:.g and zonLig reg'~ilations vary widely
according to local desires and conditions, the
procedures should be sL.'1lilar in all 100va cities
and counties.
Understanding Planning and Zoning. Com-
munity pla.'l.l'1.L.ig is not much di1Terent from
the planning that all of us do in the course of
our daily lives. Vie plan for our future careers.
we plan ahead for vacatio:1.S and other impor-
tant events and we mal-;:e plans that involve
[;-iends and family. When \ve plan with other
people. however. L'1ings become more complex.
There is a need to check with all those who
v;ill be affected by these plans. Doubtless some
C0n11icts v.111 arise and need to be resolved.
--
People have hopes and dreams for their com-
munities just as they do for their indMdual
lives. These aspirations can be formulated
into a v.Titten plan for the community. But
cale must be taken to involve all interested
citizens and use open processes so that com-
peting interests and poL."1ts of \iew mav be
heard and accoIIlr.l1odated. Imponant~back-
ground data about the local population and
economy must also be considered. The final
document resulting from this planning process
is usually reierred to as the comprehensive
plan. Such a plan acts as a guide for future
development of the community.
Zoning is the most important tool to implement
the comprehensive plan. Zoning works by
regulating various aspects of how land may be
used.
Its name derives from dividing the community
into wnes (also called districts). Certain uses
of land are penrJtted in each wne accordin<:5
b
to specific standards. There are a number of
Objectives that may be achieved through
zoning. These include:
-Conserving and protecting property values by
preventing incompatible land uses from
locating in a given area:
-Encouraging efficient and orderly develop-
ment patterns to facilitate adequate and
economical provision of public improvements;
· Limiting overcrowding of land and congestion
of population, transportation systems and
other public facUities;
-Facilitating the adequate provision of trans-
portation. vv'ater, sev,lage disposal. schools
parks and other public requirement: and
oPreserving the availability of agricultural land
and protecting the soil from Wind and water
erosion.
ZonL'1g helps to achieve these objectives by
controlling land uses, population density.
building height and bulk. lot sizes, yards and
open spaces. setbacks. and accessory uses. A
variety of regulations may be established to
carry out the specific purposes stated for each
zone, although v.ithin each zone all properties-
receive similar treatment.
A zoning ordil'lanCe consists of two distinct
parts--the district map and a written text. The
te..'\.-t sets out the purposes, uses and regula-
tions for each distrtct and the standards for
special land uses and for administration of the
ordinance. The map grapically depicts the lo-
cation of all zoning distrtcts within the city or
county.
Zor.Jng typically seeks to achieve its objectives
by grouping compatible uses within a district
and thereby separating incompatible uses.
Cs;.;s of land are typically incompatible if one
use results in negative consequences for
adjacent property. This may occur if residen-
tial use adjoins a land use which produces
large amounts of noise. dust. odors. traffic or
smoke.
TogeL'1er the ccmrnunity plan and related
zoning ordinance should establish an orderly
land use pattern for residential areas. business
districts. transportation facilities, utilities,
other public facilities and services. An appro-
priate balance of various land uses v..ithin the
community is typically sought. Likewise.
grouping land uses with similar needs or direct
relationships to each other helps ma..x:lmize
eiTiciency and mL"l.1.'TI1ze friction. while protect-
i:1g land val:1es and reducing public service
costs. For example. schools and parks are
good neighbors for residential areas; intensive
cOIT.JT1ercial or industrial developments may
not be.
ZOIlJng regulations do constrain how property
o'W'!1ers may use land. However. zoning
protects each property O\vner from the uncon-
trolled actions of others. Without zoning. uses
of land such as jUIl~"""'''Yards and asphalt batch-
ing plants could be developed adjacent to
homes. WhUe these land uses pro-vide valuable
senices to the community, their appropriate
location is not adjacent to residential areas.
Zoning is based upon local goals and helps
insure that the future which is embodied in
community plans is built, piece by piece.
Thus, zoning controls are a means to an end
and not an end in themselves.
Summary
Planning is....
a process of developing goals and objectives by
which a city or county decides what kind of
future it wants and then establishes the
policies and management tools to help in
reaching that fuure.
A comprehensive plan is....
a document which sets forth long-range goals
intended to guide the growth and development
of the community or region. It includes analy-
sis. recommendations and proposals for the
future direction of the locality's population.
economy. housing. transportation, community
facUities and land use.
e;
Zoning Is a...
-Means for avoiding land use conflicts between
one neighbor and another.
-Tool used to insure that new uses and struc-
tures will have characteristics generally com-
patible with others in the area.
-Way of promoting the welfare of the commu-
nity by guiding its growth along orderly lines.
-Method of implementing the comprehensive
plan.
-Legal and enforceable document which is
prepared by the plannL.~g and zoning commis-
sion and adopted by the legislative body (Board
of Supenisors or City Council.)
e
But zoning can only be effective if it is....
-Based on a sound understanding of the
community's needs and reflects citizens'
desires and concepts of what the community
should be;
-Used \'.ith competent legal and other technical
assistance as needed;
-Based on a properly structured and enacted
zoning ordinance:
-Consistently. fairly. and impartially admini-
stered and enforced;
-Administered in strict compliance with proce-
dures required by statutes and all procedures
specified in the zoning ordinance;
-Periodically reviewed and updated;
-Understood and supported by the public; and
--
-An integral part of the mechanisms adopted
by the community to implement community
2
plans and growth management programs.
e
Zoning cannot...
-Cure all local ills
-Be used to support any economic. racial. or
religious group
-Enforce private deed restrictions
-Solve all ne1ghborhood feuds
-Guarantee an Eden untouched by machines.
wandering dogs. or other noisy participants on
the local scene.
-Be used as a device for enforcing narrowly
parochial views of style. color. te-uure. or
shape.
-Totally restrict the location of group homes for
the ~developmentally disabled."
-Completely prohibit mobil homes or manufac-
tured houSL'"1g.
-
Zoning is not a weapon to be used in the
political arena to assist supporters or punish
opponents. Neither is it a scale on which the
thumb rests in favor of friends and to the
detrtment of strangers.
Zoning isn't a popularity contest. Where well-
considered planning requires an action, it
should be t~'<en even in the face of anguished
outcries at public hearings. Head counts don't
help; reasonable debate does.
IlJiLEVAMr
I~~TN>>I
-
.
-
"Stating The Facts"
-
Common Zoning Procedures
Thereare generally three broad phases
through which all zoning requests must pass:
application or submission; investigation-
evaluation (fact-finding and analysis); and final
action. Throughout each phase in the process,
proper and defensible zoning administration
requires (1) responsible communication, (2)
diligent record keeping and (3) consistent
adherence to all specific procedural require-
ments and standards found in the local zoning
ordinance and the state enabling legislation.
Zoning Amendments. When a property owner
or local official seeks a ch~'"1ge in the provi-
sions. rules or requirements of the zoning
ordinance (text change), or a change in the
mapping of district boundaries (rezoning), a
zoning amendment is required.
Amendments. as legislative actions. must
follow the same route required for the adoption
of the original ordinance. This means that the
proposed 3.111endment should be considered
carefully in view of adopted local land use
policies and plans. The review should estab-
lish the compatibility of the proposal with
adopted community policies, plans. and exist-
ing and future land use.
The general procedural steps for proposing
ZOnifl.g changes are as follows:
1. The Applicant:
a) Inquires of the Zoning Administrator
how one must proceed and obtains the appli-
cation form.
b) Completes and files the application form
along with any required fee (and other support-
ing documentation) to the Zoning Administra-
tor.
Zoning Administrator
3
2. The Zoning Com...-.russion:
a) Reviews the amendment application and
studies the appropriateness of the proposed
amendment. Study is based on established
planning and zoning criteria. as set forth in the
zoning ordinance and community plans.
b) Schedules a public hearing on the re-
quest. (This is optional under the Code of
Iowa.)
c) Transmits the application and a sum-
mary report to the governing body. The report
should include:
1) A summary of the comments received
from the public eit...~er presented in \vrttten
form or at a public hearing. if one was held.
2) Detailed findingS concerning the ap-
plication based on planning and zonin criteria
and any other concerns that have been raised.
3) A recommendation for action which
is supported by the above findings and con-
cerns.
Zoning COmmission sometimes called
Planning and Zoning Commission
3. The Governing body (the Board of Supervi-
sors or the City Council):
a) Must hold a public hearing so that the
views of interested citizens may be heard.
b) Following the required public hearing.
may adopt or reject the proposed amendment.
or refer it back to the Zoning Commission for
further study and a new recommendation.
ei
.'
I. I
The Governing Body
Checklist
In order to help Zoning Commissions and
Governing Bodies objectively determine
whether a proposed zoning amendment is
appropriate. the following questions could be
considered:
1. For amendment applications to add addi-
tional uses to a zoning district classification. it
is appropriate to determine:
a) Is the proposed use already provided for
elsewhere in the ordinance?
o
b) Is the proposed use compatible with uses
already permitted in that district?
c) Does the proposed use relate well to the
comprehensive plan? Does the proposed use
contribute to the character of development
envisioned in the plan? -
d) Does the proposed use relate well to the
sp:lrit and intent of the ordinance and to the
objectives of the zoning district?
e) Is the proposed use appropriate
throughout the distrtct?
f) Is the proposed use most approprtate in
the distrtct if permitted as a special exception?
g) Is there a need to add the proposed
use at all?
2. For amendment applications to add a new
use or to change or add additional regulations
or standards to the district. it is appropriate to
determine:
e
a) If the proposed rule change or addition
helps reinforce the Land Use Plan.
4
b) Is the proposed rule change or addition zoning requests in the vicinity? Would this
in keeping with the spirit and intent of the secondary effect negatively impact community
- ordinance and with the objectives of the zoning plans and public services?
district. or does it go excessively beyond the
intent and objectives? 1) Is the proposed change precedent setting?
c) What is the problem or issue which the m) Is the proposed boundary appropriate?
change is intended to address? Can this be
accomplished in another. more appropriate n) Was there a mistake in the original
. fashion? Is it a new response to new prob- zoning classification?
I lerns not addressed in the zoning ordinance?
4. Thus. for any amendment request. it is
3. For rezoning requests to change. create. appropriate to give careful attention to the
extend or reduce a mapped zoning district. it is following:
appropriate to determine:
a) The effect of the proposed amendment on
a) Is the use more appropriately handled as the comprehensive planning of the entire
a special exception in that district? Does the community.
district already provide for this use as a special
exception? b) The changes in community characteris-
tics that may take place because of the pro-
b) Are there substantial reasons why the posed change.
property cannot be reasonably used as zoned?
c) The relative effectiveness or ineffective-
c) Is the proposed zone change supported ness of the present construction of the ordi-
by the adopted Land Use Plan? nance. and what specific improvement the
proposed change will make.
dJ Would the change of present district
() boundaries be consistent in relation to existing d) Whether a justification for a change
uses? exists. such as whether a change in conditions
has taken place since the original zoning. or
e) Would the change severely impact traffic. whether a mistake was made in the original
public facilities and the natural characteristics zoning.
of the area or Significantly change population
density? Is the change consistent with the e) Whether the amendment is designed to
purposes for which zoning is adopted? correct an improper situation or whether it
would result merely in the granting of special
f) Would the rezoning constitute a Mspot privileges.
zone." granting a special privilege to one land-
owner not available to others? 1) Whether an inappropriate precedent will
be set.
g) Is the change contrary to the established
land use pattern? Will it adversely affect g) Whether the proposed change is consis-
property values? tent with the intent and purpose of the ordi-
nance.
h) Has there been a change of conditions in
the area supporting the proposed rezoning? h) Whether the proposed change is consis-
tent With the Code of Iowa.
i) Are adequate sites. properly zoned.
available elsewhere to accommodate the i) Whether there are any Mred tape" implica-
proposed use? tions of the change.
j) Is the proposed change out of scale With j) Whether the change is exclusionary.
fit the needs of the community?
k) Whether the change is reasonable.
k) If the change is approved. what will be As a general rule. most of these concerns are
the probable effect on stimulating similar embodied in the follOwing question when
5
rezorungs or district use changes are at issue:
Is the proposed class of use appropriate in the
proposed location (district)?
If these factors are carefully considered and
sufficient data are available for evaluation, a
sound recommendation will result. In some
cases, it may be necesary for special studies
and surveys to be made in order to obtain
enough information to answer these questions.
When this is true, the comm1ssion should not
hesitate to investigate, making certain that
professional technical assistance is used
whenever possible.
In the case of a major amendment, such as for
a shopping mall, an environmental impact
assessment is a good technique for ensuring
that these points are thoroughly explored.
Large scale zorung changes can have far-
reaching environmental, social, fiscal and
public utility implications. These may greatly
affect the community and should be evaluated
very carefully.
Zoning Excuses
Excuses offered for granting rezorungs include:
-What is proposed is better than what is there.
-The lot is only a weed patch, this will clear it
up.
-You can't keep a person from using his/her
land.
-This will bring in more revenue.
-The owner of the land can get more money for
the land if its rezoned to commercial.
-There are more vehicles on the street than
when he built there or bought the property.
-I promised the people if I were elected I would
keep taxes down.
_ They are too big an outfit. we can't deny the
rezoning.
-,.",:.
W.",
-He is just an old man trying to make a living,
this won't really hurt anyone.
-Service stations provide quick urban renewal.
-We have to bring commerce and industry in
today, and not worry about a plan for tomor-
row.
_ I promised the people if I were elected I would
bring commerce and industry into our city and
this will be a start.
-We approved the commercial rezoning for the
other fellow, how can we deny this one?
-We don't have any right to say where commer-
cial or industrial developments should go.
- He invested a lot of money in this land and
these proposals thinking the rezoning would be
granted, how can we deny it?
e.,
-There is commercial zorung on the other
comer, how can we deny it on this comer?
-Like his attomey said, it's probably "unconsti-
tutional," and we don't know for sure.
-We don't want to have to go to court, after all
it really doesn't look so bad,
eJ
6