Code of Ordinances Amendment_Title 16 UDC Keeping of HensPlanning Services Department
City Hall
50 West 13th Street
Dubuque, IA 52001-4864
(563) 589-4210 phone
(563) 589-4221 fax
(563) 690-6678 TDD
planning@cityofdubuque.org
The Honorable Mayor and City Council Members
City of Dubuque
City Hall — 50 W. 13th Street
Dubuque IA 52001
Dubuque
i�[ lTHE CITY OF
�j I� DUB
I
to11.ton Masterpiece on the Mississippi
July 14, 2014
Applicant: City of Dubuque
Description: Text Amendment to the Unified Development Code to allow the keeping of
Hens for egg production as an accessory use in residential districts
Dear Mayor and City Council Members:
The City of Dubuque Zoning Advisory Commission has reviewed the above-cited
request. The application, staff report and related materials are attached for your review.
Discussion
Assistant Planner Guy Hemenway, representing the City of Dubuque, reviewed the
proposed amendment, noting the history of zoning regulations regarding the keeping of
chickens, and that the current requirement for obtaining a conditional use permit was
implemented in 2009 with the adoption of the Unified Development Code.
Staff reviewed that there have been three conditional use permits requested, with two
being approved by the Zoning board of Adjustment. Staff discussed the rationale for
regulating chickens and noted staff has received very few complaints from neighbors
during the public hearings for the conditional use permits. Staff reviewed that the
amendment would make the keeping of chickens or ducks, hens only, as accessory use
in all residential districts for egg production only.
There were no public comments.
The Zoning Advisory Commission discussed the request with Commissioner Henschel
reviewing the increased interest in raising chickens and Chairperson Norton asking why
the existing regulations were initially established. Staff indicated there were concerns
regarding potential negative impacts concerning noise and sanitation.
Recommendation
By a vote of 4 to 0, the Zoning Advisory Commission recommends that the City Council
approve the request.
Service People Integrity Responsibility
Innovation Teamwork
The Honorable Mayor and City Council Members
Page 2
A simple majority vote is needed for the City Council to approve the request.
Respectfully submitted,
Patrick Norton, Chairperson
Zoning Advisory Commission
Service People Integrity Responsibility Innovation Teamwork
THE CITY OF
DUB
Masterpiece on the Mississippi
❑Variance
❑Conditional Use Permit
Appeal
['Special Exception
['Limited Setback Waiver
❑Rezoning/PUD/ID
Dubuque
Waibta1'IIi►
PLANNING APPLICATION FORM
['Preliminary Plat
['Major Final Plat
['Minor Final Plat
['Simple Site Plan
DMinor Site Plan
['Major Site Plan
❑Simple Subdivision
®Text Amendment
❑Temporary Use Permit
❑Annexation
❑Historic Revolving Loan
['Historic Housing Grant
City of Dubuque
Planning Services Department
Dubuque, IA 52001-4805
Phone: 563-589-4210
Fax: 563-589-4221
planningC@cityofdubuaue.orq
❑Certificate of Appropriateness
❑Advisory Design Review (Public Projects)
['Certificate of Economic Non -Viability
['Historic Designation
❑ Demolition
['Port of Dubuque Design Review
Please type or print legibly in ink
Property owner(s): N/A Phone:
Address: City: State: Zip:
Fax #: Cell #: E-mail:
Applicant/Agent: City of Dubuque Phone: 563-589-4210
Address: 50 W. 13th St. City: Dubuque State: IA Zip: 52001
Fax #: 563-589-4211 Cell #: E-mail: planning@ cityofdubuque.org
Site location/address: City-wide Neighborhood Association: N/A
Existing zoning: Proposed zoning:
District: N/A Landmark: ❑ Yes ❑ No
Legal Description (Sidwell parcel ID# or lot number/block number/subdivision): N/A
Total property (lot) area (square feet or acres): N/A
Describe proposal and reason necessary (attach a letter of explanation, if needed): Amend UDC to allow the keeping of hens
for egg production as an accessory use in residential districts.
CERTIFICATION: I/we, the undersigned, do hereby certify/acknowledge that:
1. It is the property owner's responsibility to locate property lines and to review the abstract for easements and restrictive
covenants.
2. The information submitted herein is true and correct to the best of my/our knowledge and upon submittal becomes public
record;
3. Fees are not refundable and payment does not guarantee approval; and
4. All additional required written and graphic materials are attached.
Property Owner(s): N/A Date:
Applicant/Agent:
Date:
%y
FOR OFFICE USE ONLY — APPLICATION SUBMITTAL CHECKLIST
Fee: Received by: 22 r• Date: & 10' t ! Docket:
THE CITY OF
Dui
Masterpiece on the Mississippi
MEMORANDUM
Dubuque
btril
AI -Amelia Ctty
11111,
2007 • 2012 • 2013
TO: Zoning Advisory Commission
FROM: Laura Carstens, Planning Services ManagerV?,C,
SUBJECT: Text Amendment to Allow Keeping of Hens in Residential Districts
DATE: June 11, 2014
Introduction
This memorandum transmits a proposed text amendment to the Unified Development
Code (UDC) to allow the keeping of hens for egg production in the R-1 Single Family,
R-2 Two -Family, R -2A Alternate Two -Family, R-3 Moderate Density Multi -Family, and
R-4 Multi -Family residential zoning districts. This use currently is allowed as conditional
use in the R-1 and R-2 districts, and as a principal use in the AG Agriculture district. The
text amendment ordinance and other documentation are enclosed.
Background
The 2009 UDC updated and consolidated previous zoning, subdivision, site
development, historic preservation, and sign regulations into a single City Code.
Sustainability measures in the previous codes were retained, and new sustainability
measures were added based on review of other codes and public input.
Zoning district regulations include lists of principal uses allowed by right, accessory
uses subordinate to the principal use, and conditional uses that require a permit.
Conditional uses are deemed to need additional review by the Zoning Board of
Adjustment to weigh their public benefit on a case-by-case basis against to their
potential adverse effects on the use and enjoyment of adjoining properties. Property
owners within 200 feet are notified by mail prior to the Board's public hearing. The
conditional use permit procedure is set forth in UDC Section 8-5.
Discussion
A number of new conditional uses were added in the UDC in 2009. Based on public
input, the keeping of hens in one- and two-family districts was added as a sustainability
measure. The use included conditions based on the 1934 Zoning Ordinance, which
Text Amendment to Allow Keeping of Hens in Residential Districts
allowed poultry in one- and two-family residential districts. The keeping of hens was
allowed only in agricultural districts by the 1975 and 1985 Zoning Ordinances.
Since 2009, the Planning Services Department has facilitated three conditional use
applications for the keeping of hens. Two applications were approved. One application
was denied by the Board, largely based on opposition from surrounding neighbors.
Recently, the Planning Services Department has received a number of inquiries about
the keeping of hens for egg production. Questions about raising chickens for egg
production have far exceeded the few complaints received. Please also see enclosed
correspondence from citizens on this topic.
Based on our experience since adoption of the UDC, Planning Services staff believe
that the keeping of hens for egg production can be removed from regulation as a
conditional use in R-1 and R-2 districts, and allowed as an accessory use in the R-1, R-
2, R -2A, R-3, and R-4 districts. As an accessory use, the keeping of hens would be
subject to regulations in UDC Section 3-7 for Accessory Structures and Uses in
Residential and Office Residential Districts. A copy of Section 3-7 is enclosed.
Recommendation
Staff recommends the Zoning Advisory Commission consider the enclosed UDC text
amendment to allow the keeping of hens for egg production as an accessory use in the
R-1 Single Family, R-2 Two -Family, R -2A Alternate Two -Family, R-3 Moderate Density
Multi -Family, and R-4 Multi -Family residential zoning districts.
Requested Action
The requested action is for the Zoning Advisory Commission to provide a
recommendation to the City Council with respect to possible zoning regulations for the
keeping of hens in residential districts.
Enclosures
cc: Mary Rose Corrigan, Public Health Specialist
Crenna Brumwell, Assistant City Attorney
F:\USERS\LCARSTEN\WP\ZONING\keeping hens\Memo UDC amendment keeping hens.doc
2
UDC Regulations
3-7 Accessory Structures and Uses in Residential and Office Residential Districts
3-7.1 Accessory Structures and Uses Permitted
Accessory structures and uses shall only be permitted as specifically authorized within
each individual district of this ordinance, and shall be subordinate to and on the same
zoning lot with the principal structure or use in conjunction with which it is maintained.
3-7.2 Bulk Regulations
A. Location: No accessory use or structure permitted by this Code may be located in a
required front yard, except as otherwise specifically authorized. No accessory
structure, equipment or material of any kind exceeding five feet in height may be
located in a required side yard.
B. Accessory Use/Structure Coverage: The lot coverage of permitted accessory uses
and/or structures and the principal structure it serves shall be calculated together for
the purpose of complying with the specified lot coverage as a percent of lot area.
The maximum lot coverage shall not be exceeded within the district in which it is
located and in no case shall permitted accessory structures or uses exceed the lot
coverage of the principal structure it serves, with a maximum of 1,000 aggregate
square feet for all detached structures.
C. Accessory Structure Height Limitations: No accessory structure permitted by this
Code shall exceed a height of 15 feet measured from average ground level. Satellite
receiving dishes, wind energy conversion systems, and building -mounted wind
turbines shall comply with the bulk regulations of Article 7.
D. Side and Rear Yard Setbacks: Side yard setbacks for all permitted accessory
structures or uses shall be the same as required for the principal permitted use in
the bulk regulations section of the specific zoning district. Rear yard setbacks for all
permitted accessory structures or uses shall be six feet for all zoning districts. Side
and rear yard setbacks for detached storage sheds no larger than 120 square feet in
area shall be three feet for all zoning districts, provided such structure is located at
least six feet from the primary structure.
3-7.3 Residential Use Prohibited
No accessory structure may be used for residential dwelling purposes at any time,
except as allowed in Section 8-5.
OFFICIAL
PUBLICATION
ORDINANCE NO. 47-14
AN ORDINANCE AMENDING TITLE 16 OF THE CITY OF DUBUQUE CODE OF
ORDINANCES, UNIFIED DEVELOPMENT CODE, BY AMENDING ARTICLE 16-8-
5.10 CONDITIONAL USES BY ELIMINATING THE KEEPING OF HENS AND
AMENDING ARTICLES 16-5-2.3 (R-1), 16-5-3.3 (R-2), 16-5-4.3 (R -2A), 16-5-5.3 (R-3),
AND 16-5-6.3 (R-4) TO ALLOW THE KEEPING OF HENS FOR EGG PRODUCTION
AS AN ACCESSORY USE IN RESIDENTIAL DISTRICTS
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. That Title 16 of the City of Dubuque Code of Ordinances, Unified
Development Code Article 8-5.10 Conditional Uses and Articles 5-2.3, 5-3.3, 5-4.3, 5-
5.3, and 5-6.3 are hereby amended as follows:
16. Reserved
Section 2. That Title 16 of the City of Dubuque Code of Ordinances, Unified
Development Code Articles 16-5-2.3 (R-1), 16-5-3.3 (R-2), 16-5-4.3 (R -2A), 16-5-5.3
(R-3), and 16-5-6.3 (R-4) is hereby amended as follows:
5-2.3 Accessory Uses
13.The keeping of hens for egg production.
5-3.3 Accessory Uses
13.The keeping of hens for egg production.
5-4.3 Accessory Uses
13.The keeping of hens for egg production.
5-5.3 Accessory Uses
13.The keeping of hens for egg production.
5-6.3 Accessory Uses
13.The keeping of hens for egg production.
Section 2. The foregoing amendment has heretofore been reviewed by the
Zoning Advisory Commission of the City of Dubuque, Iowa.
Ordinance 47-14
Page 2
Section 3. This ordinance shall take effect immediately upon publication, as
provided by law.
Passed, approved and adopted this 21st day of July, 2014.
Attest:
Kevin Firnstahl, ty C
ILL!
Roy D. Buol, Mayor
STATE OF IOWA {SS:
DUBUQUE COUNTY
CERTIFICATION OF PUBLICATION
I, Suzanne Pike, a Billing Clerk for Woodward Communications, Inc., an Iowa corporation, publisher
of the Telegraph Herald,a newspaper of general circulation published in the City of Dubuque, County
of Dubuque and State of Iowa; hereby certify that the attached notice was published in said newspaper
on the following dates: July 25, 2014, and for which the charge is $20.93.
Subscribed/ �t before
this I✓ day o
OFFICIAL
PUBLICATION
ORDINANCE NO. 47-14
AN ORDINANCE
AMENDING TITLE 16
OF THE CITY OF DU-
BUQUE CODE OF OR-
DINANCES, UNIFIED
DEVELOPMENT
CODE, BY AMENDING
ARTICLE 16-8-5.10
CONDITIONAL . USES
BY ELIMINATING THE
KEEPING OF HENS
' AND' AMENDING AR-
TICLES 16-5-2.3 (R-1),
16-5-3.3 , (R-2), 16-5-
4.3 (R -2A), 16-5.5.3
(R-3), AND 16-5-6.3
(R-4) TO ALLOW THE
KEEPING OF HENS
FOR EGG PRODUC-
TION AS AN ACCES-
SORY USE IN RESI-
DENTIAL DISTRICTS
NOW, THEREFORE, BE
IT ORDAINED BY THE
CITY COUNCIL OF THE
CITY OF DUBUQUE, 10-i
WA::
Section 1. That; Title
1 16 of the City of Dubu-
que Code of Ordinan-
ces, Unified Develop-
ment Code Article :;8-
5.10, Conditional Uses
and Articles 5-2.3, 5-
3.35-4.3, 5-5.3, and` 5-
6.3 are hereby amend-
ed as follows:
16. Reserved
Section 2. That Title
16 of the City of Dubu-
que Code of Ordinan-
ces, Unified Develop-
ment Code Articles 16-
5-2.3 (R-1), 16-5-3.3 (R-
2), 16 -5 -4.3',(R -2A),"16
5-5.3 (R-3), and 16-5-6.3
(lt4) is hereby amend-
ed as follows:
3 PI
• - a Notary Public in and for Dubue County, Iowa,
,20 /5.
1 1
13. 9
,The` kee p in of
hens for egg produc-
tion.
5-3.3 Accessory Uses
13. The keeping .of
hens`, for egg produc- I
tion:-
5-4.3 Accessory Uses I
13. The keeping of
hens for egg produc-
tign.
5-5.3 Accessory Uses.
13.`:The •keeping of
hens for egg ,produc
tion.
5-6.3 Accessory Uses °
13The keeping of
hens for egg produc-
tion. s '
Section 2. The forego-
ing amendment has
heretofore been re-
viewedby the Zoning
Advisory Commission
of the City of Dubuque,
Iowa.
Section 3. This ordi-
nance shall take. effect
immediately upon pub-
lication, as,provided by
law.': i
Passed, approved and
adopted this 21st okay
of July, 2014.
/s/Roy D. Buol, Mayor
Attest: /s/Kevin S.
Firnstahl, City Clerk
Published officially in
the Telegraph Herald
newspaper on the 25th
day of July, 2014.
"/s/Kevin S. Firnstahl,
CMC, City Clerk
It 7/25
Notary Public in and for Dubuque County, Iowa.
*h' ',STERP EVER
-,,,,T1i.ssiQn Number 154885
PXa, FEB, 1. 2017
['RECEIVED
14 JUL ®3 PM 2; 17
City Clerk's Office
Dubuque; IA
STATE OF IOWA {SS:
DUBUQUE COUNTY
CERTIFICATION OF PUBLICATION
I, Suzanne Pike, a Billing Clerk for Woodward Communications, Inc., an Iowa corporation, publisher
of the Telegraph Herald,a newspaper of general circulation published in the City of Dubuque, County
of Dubuque and State of Iowa; hereby certify that the attached notice was published in said newspaper
on the following dates: July 11, 2014, and for which the charge is $22.33.
Subscribed to before m Notary Public in and for Dubuque County, Iowa,
this /7a day of
, 20 /.
Notary Public in and for Dubuque County, Iowa.
MARY K, WESTERMEYER
Commission Number 154885
!Ay Comm. Exp. FEB. 1. 2017
1
CITY OF DUBUQUE,
IOWA •
OFFICIAL NOTICE
NOTICE IS HEREBY
GIVEN that the Dubu-
que City Council will
conduct a public hear-
ing . at a meeting to
commence at 6:30 p.m.
on July 21, 2014, In the
Historic Federal Build-
ing, 350 West 6th
Street, on the follow-
ing:
Text Amendments
Request by the City of
Dubuque td amend the
Unified Development
` Code to allow the
keeping of Hens for
I Egg Production as an 1
I accessory use in rest- I
dentia) districts.
t .Request by the City of
1 Dubuque -to. amend
Section 16-7, Supple-
mental Use Regula-
' tions, by adding a new
Section 16-7.5Establish-
'
D h
Lending .
ments and adding
siting requirements.
Request by the City of
Dubuque to amend
section 16-2-3 of the
Unified Development
Code to re•move the
aetinnion or aisaonity
and to redefine the
definition of family to
Include a reference to
City Code Chapter 8-1.1
defining-di4abll lty.
Written' comments re-
garding the :above pub-
lic hearings •-may be
submittedto the City
Clerk's Office oh or be-
fore said time of public
hearing. At sal d time
and place of public
hearings all Interested
citizens and parties
will be given an oppor-
tunity to be heard for,
or against said actions.
Copies of supporting;
documents for the pub-
lic hearings are- on file
in the City Clerk's Of-
fice and may be
viewed during regular
working hours.
Any visual or hearing
Impaired persons
needing special assis-
tance or persons with
special accessibility
needs should contact
the Gity Clerk's Office
at (563) 589-4100 or
TTY (563) 556-9948 at
least 48 hours prior to
the meeting.
Kevin 5. Firnstahl,
CMC, City Clerk
1t 7/11