Ethanol & Biodiesel Plants Moratorium Extension
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MEMORANDUM
October 31,2006
TO:
The Honorable Mayor and City Council Members
FROM:
Michael C. Van Milligen, City Manager
SUBJECT: Ethanol and Biodiesel Plants
A six month moratorium on the construction of ethanol and biodiesel plants was
approved by the City Council at the May 1, 2006 meeting to give time to research
appropriate Dubuque regulations. This research is not yet completed, and I respectfully
recommend that the Mayor and City Council extend the moratorium for another six
months.
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Micnael C. Van Milligen
MCVM/jh
cc: Barry Lindahl, Corporation Counsel
Cindy Steinhauser, Assistant City Manager
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Preparer: James S. O'Brien Address: Suite 330. Harbor View Place 300 Main Street Dubuque.
IA 52001 Telephone: (563)583-4113
ORDINANCE NO. 69-06
AMENDING THE CITY OF DUBUQUE CODE OF ORDINANCES SECTION 11-58.6
MORATORIUM ON THE CONSTRUCTION OF ETHANOL PLANTS, ETHANOL
PROCESSING FACILITIES, BIODIESEL PLANTS AND BIODIESEL PROCESSING
FACILITIES BY EXTENDING A MORATORIUM ON THE ISSUANCE OF BUILDING
PERMITS FOR THE CONSTRUCTION OF ETHANOL PLANTS, ETHANOL
PROCESSING FACILITIES, BIODIESEL PLANTS AND BIODIESEL PROCESSING
FACILITIES
Whereas, the City of Dubuque Zoning Ordinance allows the construction of
ethanol plants, processing facilities, biodiesel plants and biodiesel processing
facilities in certain zoning districts; and
Whereas, the City Council desires to gather additional input in the process
of studying whether the construction of such plants or facilities should be
permitted in the City of Dubuque.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF DUBUQUE, IOWA:
Section 1. The City of Dubuque Code of Ordinances Section 11-58.6 is
amended to read as follows:
Sec. 11-58.6. Moratorium on the Construction of Ethanol Plants, Ethanol
Processing Facilities, Biodiesel Plants and Biodiesel Processing Facilities:
The building official shall not issue a permit for any new
construction or substantial enlargement, alteration, repair or
remodeling of any structure or building for the production of ethanol
or biodiesel fuel or for the processing of ethanol or biodiesel fuel
within the City of Dubuque from the date of this Ordinance to May 1,
2007, except where a vested right to the issuance of such permit
accrued prior to the effective date of this Ordinance.
Any person, firm or corporation aggrieved or adversely affected by
the building official's refusal to issue a permit pursuant to this
moratorium shall appeal therefrom to the City Council. The City
Council may direct the building official to issue a permit where the
City Council finds that the refusal to issue a permit would deprive the
owner of the property of a vested right.
Section 2. This Ordinance shall take effect upon publication.
Passed, approved and adopted this 6th day of November
,2006.
Roy D. Buol, Mayor
Attest:
Jeanne F. Schneider, City Clerk
F:\USERS\tsteckle\O'Brien\Ordinances\EthanoIMoritoriumExtensio"_1 02506.doc
EFFECT OF AMENDMENT
Sec. 11-58.6. Moratorium on the Construction of Ethanol Plants, Ethanol
Processing Facilities, Biodiesel Plants and Biodiesel Processing Facilities:
The building official shall not issue a permit for any new
construction or substantial enlargement, alteration, repair or
remodeling of any structure or building for the production of ethanol
or biodiesel fuel or for the processing of ethanol or biodiesel fuel
within the City of Dubuque for a period of six months from the date
of this Ordinance to Mav 1. 2007. except where a vested right to the
issuance of such permit accrued prior to the effective date of this
Ordinance.
Any person, firm or corporation aggrieved or adversely affected by
the building official's refusal to issue a permit pursuant to this
moratorium shall appeal therefrom to the City Council. The City
Council may direct the building official to issue a permit where the
City Council finds that the refusal to issue a permit would deprive the
owner of the property of a vested right.