Adult Entertainment Moratorium Ordinance AmendmentTHE CITY OF
DUB E
Masterpiece on the
BARRY LIND
CITY ATTOR
To:
DATE:
RE:
MEMORANDUM
Mayor Roy D. Buol and
Members of the City Council
November 15, 2007
Moratorium on Adult Entertainment Establishments
Upon further consideration of the ordinance establishing a moratorium on the use of
property as an adult entertainment establishment, we have concluded that the
ordinance prohibiting all new adult entertainment establishments during the period of
the moratorium is subject to possible challenge as being broader than necessary
because it prohibits all such new uses.
We are recommending an amendment to Ordinance No. 57-07 prohibiting new adult
entertainment establishments within a certain distance of other existing adult
entertainment establishments during the moratorium period.
Attached is a proposed ordinance to that effect.
Attachment
cc: Michael C. Van Milligen, City Manager
OFFICE OF THE CITY ATTORNEY DUBUQUE, IOWA
SUITE 330, HARBOR VIEW PLACE, 300 MAIN STREET DUBUQUE, IA 52001-6944
TELEPHONE (563) 583-4113 / FAx (563) 583-1040 / EMAIL balesq@cityofdubuque.org
ORDINANCE NO. 58-07
AMENDING ORDINANCE NO. 57-07 AMENDING APPENDIX A, THE ZONING
ORDINANCE, OF THE CITY OF DUBUQUE CODE OF ORDINANCES, BY
ADOPTING A NEW SECTION 4-8.4 ESTABLISHING A MORATORIUM ON THE USE
OF CERTAIN PROPERTY AS AN ADULT ENTERTAINMENT ESTABLISHMENT
Whereas, the City of Dubuque Zoning Ordinance allows adult entertainment
establishments in certain zoning districts; and
Whereas, the City Council desires to gather additional input in the process
of studying the location and spatial separation of adult entertainment districts in
the City of Dubuque; and
Whereas, the City Council has adopted Ordinance No. 57-07 establishing a
moratorium on the use of property as an adult entertainment establishment; and
Whereas, the City Council now desires to amend Ordinance No. 57-07.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF DUBUQUE, IOWA:
Section 1. The City of Dubuque Code of Ordinances is amended by adding
the following new section:
Sec. 4-8.4 Moratorium on the Use of Certain Property As An Adult
Entertainment Establishment.
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 an adult entertainment
establishment within 2000 feet of the property line of property used
as an adult entertainment establishment as of the date of this
ordinance nor shall any person use any property for an adult
entertainment establishment within 2000 feet of the property line of
property used as an adult entertainment establishment as of the date
of this ordinance in the City of Dubuque from the time of the
adoption of this Ordinance to June 1, 2008.
Any person aggrieved or adversely affected by the building official's
refusal to issue a permit or the prohibition on the use of property as
provided in this Ordinance shall appeal therefrom to the City
Council. The City Council may direct the building official to issue a
permit or allow the use of such property as an adult entertainment
establishment where the City Council finds that the refusal to issue a
permit or the prohibition on the use of property would deprive the
person of a vested right.
Passed, approved and adopted this 19th day of November, 2007.
Patricia A. Cline, Mayor Pro Tem
Attest:
Kevin S. Firnstahl, Assistant City Clerk