Unified Development Code Text Amendment - Keeping of Hens Copyright 2014
City of Dubuque Public Hearings # 1.
ITEM TITLE: Unified Development Code Text Amendment - Keeping of Hens
SUMMARY: Proof of publication on notice of public hearing to consider a request by the
City of Dubuque to amend the Unified Development Code regarding the
keeping of hens as a Conditional Use in the R-1 and R-2 Residential
Districts and the Zoning Advisory Commission recommending approval.
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 16-5-2-2 (R-1) And 16-5-3-2 (R-2) to delete the Keeping of Hens
for Egg Production as an Conditional Use in R-1 and R-2 Residential
Districts.
SUGGESTED DISPOSITION: Suggested Disposition: Receive and File; Motion B; Motion A
ATTACHMENTS:
Description Type
❑ Commission Letter Staff Memo
❑ Staff Materials Supporting Documentation
❑ Ordinance Ordinance
❑ Proof of Publication Supporting Documentation
❑ Suggested Motion Supporting Documentation
Planning Services Department D`ubluqu.e
City Hall fi�i�iZl THE CITY OF
50 West
Dubuque,]A 520 DUB
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wlu�ta LJ
Dubuque,IA 52001-4864 �•'
(563)589-4210 phone.
(563)589-4221 fax mr•mu•mu Masterpiece on the Mississippi
(563)690-6678 TDD
planning@cityofdubuque.org
November 7, 2014
The Honorable Mayor and City Council Members
City of Dubuque
City Hall — 50 W. 13" Street
DubuquelA 52001
Applicant: City of Dubuque
Description: Text Amendment to remove "hens" from the list of Conditional Uses in R-1
Single-Family and R-2 Two-Family Residential zoning 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
Staff Member Kritz spoke in favor of the request, reviewing the Commission previously
reviewed and recommended approval of a text amendment to allow the keeping of hens
as an accessory use in residential districts rather than as a conditional use in just the R-
1 and R-2 Residential Districts. He explained that the ordinance approved removing the
keeping of hens from Article 8 of the Unified Development Code, but did not include
removal from Article 5. He noted the current ordinance corrects that oversight.
There were no public comments.
The Zoning Advisory Commission discussed the request and had no objection.
Recommendation
By a vote of 6 to 0, the Zoning Advisory Commission recommends that the City Council
approve the request.
A simple majority vote is needed for the City Council to approve the request.
Respectfully submitted,
Patrick Norton, Chairperson
Zoning Advisory Commission
Attachments
service People Integrity Responsibility Innovation Teamwork
THfi CrCYOF Dubuque City of Dubuque
DT T Planning Services Department
T B E 1ilj� Dubuque,IA 52001-4805
Masterpiece on the Mississippi Phone: 563-589-4210
Fax: 563-589-4221
planning&citvofdubuque.org
PLANNING APPLICATION FORM
❑Variance ❑Preliminary Plat ❑Simple Subdivision ❑Certificate of Appropriateness
❑Conditional Use Permit ❑Major Final Plat OText Amendment ❑Advisory Design Review(Public Projects)
❑Appeal ❑Minor Final Plat ❑Temporary Use Permit ❑Certificate of Economic Non-Viability
❑Special Exception ❑Simple Site Plan ❑Annexation ❑Historic Designation
❑Limited Setback Waiver ❑Minor Site Plan ❑Historic Revolving Loan [:]Demolition
❑Rezoning/PUD/ID ❑Major Site Plan ❑Historic Housing Grant ❑Port of Dubuque Design Review
Please type or print legibly in in
Property owner(s): N/A Phone:
Address: City: State: Zip:
Fax#: Cell #: E-mail:
Applicant/Agent: City of Dubuque Planning Services Phone: 563-589-4210
Address: 50 W. 13"St. City: Dubuque State: IA Zip: 52001
Fax#: 563-589-4211 Cell #: N/A E-mail: olanningCa citvofdubugue org
Site location/address: N/A Neighborhood Association: N/A
Existing zoning: N/A Proposed zoning: N/A District: N/A Landmark: ❑ Yes M 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 Section 16-5-2-2(R-1)and
Section 16-5-2-3 (R-2)of the Unified Development Code to delete the keeping of hens for eggproduction as a Conditional Use
in the R-1 and R-2 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): Date:
Applicant/Agent: / Date:
FOR OFFICE USE ONLY—APPLICATION SUBMITTAL CHECKLIST
Fee: Received by: Date: /0•08 •Rbocket:
Dubuque
THE CM OF bAd
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Masterpiece on the Mississippi W."12-WO
October 27, 2014
TO: Zoning Advisory Commission
FROM: Kyle L. Kritz, Associate Planner x 7 x
SUBJECT: Text Amendment to Sections 16-5-2-2 and 16-5-3-2 regarding the keeping
of hens as a conditional use in the R-1 and R-2 Residential Districts.
INTRODUCTION
The City Council approved an ordinance amending the Unified Development Code to
allow the keeping of hens in all residential districts as an accessory use at their July 21,
2014 meeting. That Ordinance changed how the keeping of hens was regulated by
removing them as a conditional use in just the R-1 and R-2 residential districts to an
accessory use in all residential districts.
DISCUSSION
The Ordinance that was drafted by Planning staff removed the keeping of hens as a
conditional use out of Section 16-8; however, it did not remove the keeping of hens as a
listed Conditional Use in the R-1 and R-2 zoning districts, Sections 16-5-2-2 and 16-5-3-
2.
It was the intent of the original text amendment to allow the keeping of hens as an
accessory use and the information provided to the Zoning Advisory Commission and
City Council indicated that they would be removed as a conditional use in the R-1 and
R-2 Districts. Unfortunately, the Ordinance did not reflect the proposed change
accurately. I apologize for this oversight.
RECOMMENDATION
Planning staff recommends that the Zoning Advisory Commission review the
information contained in this memorandum and recommend approval of eliminating the
language for keeping of hens as a Conditional Use in the R-1 and R-2 residential zoning
districts.
KLK/mkr
Attachments
Prepared by: Laura Carstens, City Planner Address: City Hall, 50 W. 13th St Telephone: 589-4210
Return to: Kevin Firnstahl, City Clerk Address: City Hall- 50 W. 13th St Telephone: 589-4121
ORDINANCE NO. 67-14
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 16-5-2-2 (R-1) AND 16-5-3-2 (R-2) TO DELETE THE
KEEPING OF HENS FOR EGG PRODUCTION AS A CONDITIONAL USE IN R-1 AND
R-2 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 Articles 5-2-2 and 5-3-2 are hereby amended as follows:
5-2-2 Conditional Uses:
Keeping -of -Hens
5-3-2 Conditional Uses:
Keening .,f Hens
Section 2. The foregoing amendment has heretofore been reviewed by the
Zoning Advisory Commission of the City of Dubuque, Iowa.
Section 3. This ordinance shall take effect immediately upon publication, as
provided by law.
Passed, approved and adopted this 17th day of Nov ber, 2014.
A
Attest:
,.P
Ke in S. irnsta I, Ci -Clerk
f:\users\mrettenb\wp\council\ordinances\2014\hens conditional use ord.doc
(4,S
Roy D. Buol, Mayor
STATE OF IOWA ISS.
DUBUQUE COUNTY
�I
CERTIFICATION OF PUBLICATION
1, 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: November 07, 2014, and for which the charge is $17,69.
j!.
I
Subscribed to before me, otary Public in and for Dubuque County, Iowa,
this day of , 20 fes.
CITY OF DIIilIUQUE,
IOWA
OFFICIAL NOTICE
NOTICE is hereby giv-
c` that the Dubuque
city Council will con-
duct a public hearing
T at a'meeting to com- l
Mende at 630 p.m. on
Notal Public in and for Dubuque County, Iowa. Monday;November tic
Notary q y 2014;: in the ;Historic
Federal Building, 350=1
West 6th Street,on the
following-
Text'Amendment
Request by the City of
Dubuque to amend the
Unified Development
E-3 2017 CondtigonrIaUsegn the
6, r C 9 1
keein
of
as a
R-1-and R-2 Residential
'Districts.
Copies of supporting
documents forthe pub
lid hearings are on file
in the City Clerk's Of-
fice,50 W.13th Street
and may, be viewed
during normal working
hours.
Written comments re-
garding the above pub-
lid hearings may be
submitted to'the City
Clerk's Office on or be-
fore said time bf public
hearing at 50 W.,13th
Street, or ctyclerkCcit 1
yofdubuque.org. At j
said<time and place of
public hearings ail"in-
terested citizens and
parties will be given an '.
opportunity to be
heard for or against
'saitl'rezoning:
Any_yisual or hearing
impaired persons'
needing special assis-
tance or persons-with
,special', accessibility
needs should :_contact'
the'City Clerk's office
at (563)' 589-4100 or,l
TDD (563) 690-66% at
least 48 hours prior to
the meeting.
Kevin S.Firnstahl,
CMC,City.Clerk¢
It 11/7