Loading...
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