Code of Ordinances Amendment - Title 16 Zoning Board of Adjustment Copyright 2014
City of Dubuque Action Items # 4.
ITEM TITLE: Code of Ordinances Amendment - Title 16 Zoning Board of Adjustment
SUMMARY: City Manager recommending approval of an ordinance which amends Title
16, Chapter 8 of the City of Dubuque Code of Ordinances by removing
duplicate sections and renumber the sections accordingly.
ORDINANCE Amending City of Dubuque Code of Ordinances Title 16
Unified Development Code, Chapter 8 Zoning Board of Adjustment
Applications by removing duplicate sections and renumbering the sections
accordingly
SUGGESTED DISPOSITION: Suggested Disposition: Receive and File; Motion B; Motion A
ATTACHMENTS:
Description Type
❑ Zoning Board of Adjustment-MVM Memo City Manager Memo
❑ Staff Memo Staff Memo
❑ Ordinance Ordinance
❑ Suggested Motion Supporting Documentation
THE CITY OF Dubuque
UBE I
erica .i
Masterpiece on the Mississippi 2007-2012-2013
TO: The Honorable Mayor and City Council Members
FROM: Michael C. Van Milligen, City Manager
SUBJECT: Boards and Commissions —Zoning Board of Adjustment
DATE: October 26, 2015
The City Attorney's Office and the City Clerk's Office have been working on updating
the Boards and Commissions ordinances to make the standard provisions in all of the
ordinances uniform and consistent.
Assistant City Attorney Crenna Brumwell recommends City Council approval of an
ordinance which amends Title 16, Chapter 8, Zoning Board of Adjustment, by removing
duplicate sections and renumbering the sections accordingly.
I concur with the recommendation and respectfully request Mayor and City Council
approval.
Micliael C. Van Milligen
MCVM:jh
Attachment
cc: Barry Lindahl, City Attorney
Cindy Steinhauser, Assistant City Manager
Teri Goodmann, Assistant City Manager
Crenna Brumwell, Assistant City Attorney
THS CITY OF
DUB E MEMORANDUM
Masterpiece on the Mississippi
CRENNA M . BRUMWELL , ESQ.
ASSISTANT CITY ATTORNEY /�
To: Michael C. Van Milligen /l/I`'`„'"_—_`
City Manager
DATE: October 26, 2015
RE: Boards and Commissions —Zoning Board of Adjustment
The City Attorney's Office, together with the City Clerk's Office and each individual
department, have been working on updating the Boards and Commissions ordinances
for the City of Dubuque. The goal is to make the standard provisions in all of the
ordinances uniform and consistent.
Attached please find a draft ordinance for the Zoning Board of Adjustment. For this
ordinance, Title 16, Chapter 8 is amended by removing duplicate sections and
renumbering the sections accordingly.
I recommend that the ordinance be submitted to the City Council for consideration.
Please let me know if you need further information.
Thank you.
Prepared by: Crenna M. Brumwell, Esq. 300 Main Street Suite 330 Dubuque IA 52001 563 589-4381
ORDINANCE NO. 69-15
AMENDING CITY OF DUBUQUE CODE OF ORDINANCES TITLE 16 UNIFIED
DEVELOPMENT CODE, CHAPTER 8 ZONING BOARD OF ADJUSTMENT
APPLICATIONS BY REMOVING DUPLICATE SECTIONS AND RENUMBERING THE
SECTIONS ACCORDINGLY
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. Title 16, Chapter 8 of the City of Dubuque Code of Ordinances is
hereby amended to read as follows:
Chapter 8
ZONING BOARD OF ADJUSTMENT APPLICATIONS AND PROCEDURES
16-8-2: APPEAL FROM ADMINISTRATIVE OFFICIAL:
16-8-2-1: AUTHORIZATION:
16-8-2-2: APPEAL PROCEDURE:
16-8-2-3: EFFECT OF APPEAL:
16-8-3: CONDITIONAL USE PERMIT PROCEDURE:
16-8-3-1: GENERALLY:
16-8-3-2: APPLICATION:
C. The board may require the applicant for a conditional use permit to supply any
further information beyond that contained in the application where it reasonably
considers such information necessary to make the determinations required by section
16-8-3-4 of this chapter.
16-8-3-3: NOTICE AND MEETING REQUIREMENTS:
16-8-3-4: STANDARDS FOR GRANTING CONDITIONAL USE PERMIT:
16-8-3-5: CONDITIONS AND RESTRICTIONS ON CONDITIONAL USE PERMIT:
A. Imposition Of Conditions And Restrictions: In granting a conditional use permit,
the board may impose any conditions or restrictions it reasonably considers necessary
to ensure full compliance with the standards of section 16-8-3-4 of this chapter to
reduce or eliminate any detrimental effect of the proposed conditional use permit upon
the neighborhood or the district, or to carry out the general purposes and intent of this
title.
16-8-3-6: DECISION AND RECORDS:
The board shall render a written decision on an application for a conditional use permit
after the close of the meeting. The decision of the board shall contain specific findings
of fact supporting the granting or denial of the conditional use permit and shall clearly
set forth any conditions or restrictions imposed pursuant to section 16-8-3-5 of this
chapter. The board shall maintain the record of all actions with respect to applications
for conditional use permits and shall notify the city council of their decisions on each
application.
16-8-3-7: PERIOD OF VALIDITY; EXPIRATION:
16-8-3-8: PARKING REGULATIONS:
16-8-3-9: SIGN REGULATIONS:
16-8-3-10: LIST OF CONDITIONAL USES:
16-8-4: VARIANCE PROCEDURE:
16-8-4-1: APPLICATION:
16-8-4-2: NOTICE AND MEETING REQUIREMENTS:
16-8-4-3: REQUIREMENTS FOR GRANTING OF VARIANCE:
16-8-4-4: CONDITIONS AND RESTRICTIONS ATTACHED TO GRANTING OF
VARIANCE:
16-8-4-5: DECISIONS AND RECORDS:
16-8-5: SPECIAL EXCEPTIONS:
16-8-5-1: APPLICATION:
16-8-5-2: NOTICE AND MEETING REQUIREMENTS:
16-8-5-3: REQUIREMENTS FOR GRANTING SPECIAL EXCEPTION:
16-8-5-4: CONDITIONS AND RESTRICTIONS ATTACHED TO GRANTING SPECIAL
EXCEPTION:
16-8-5-5: DECISIONS AND RECORDS:
16-8-6: APPEAL FROM BOARD DECISION:
Section 2. This Ordinance takes effect upon publication.
Passed, approved, and adopted the 2nd day oNovember, 2015.
Roy D. Bui° Mayor
Attest:
Kevin B. Firnstahl, Crit I`erk
ec."
EFFECT OF AMENDMENT
Chapter 8
ZONING BOARD OF ADJUSTMENT APPLICATIONS AND PROCEDURES
16 R r_CnICDAI Dnnon DDnrCn' IRF=
A M@@t Rje. M@@ti R96 Of th@ 9eaFd S9@11 by hPId at the A@ll of the Gha rn@rnRR
@4 9119h n49er timet @9 49e 9n@rrl Fnay rle4er.Rin 911n9 n9@i rnercnR OF 49e
Gha rn@rnRR1n r bs@RR.. the arA R9 Gha FP@FGGR, may
r dFR Ri Gt@F oaths and R @I 49..
@Henri@Rne Of VARecceS All .Ree4i R96 Of 49e 9n@rrl S9@II ho n n 4n 49e 961191 G. T9e
9n@rrl S9@" Loon m R14e6 Of i4S n eerli nnc SNOW nn 49e vn4e of e n9 FA .R9er 1
R9 9 @Gt OR, OF i£r,b%R4 OF fa li R9 tg'•R4.. Rd Gat R9 s R9 farA R.1 shall !(@@n r
e£ i49 PX@FA Roti nnc @Rd n49er Gg ni@' @Ati nnc all Of Wh n9 S9@" be FnFned ate'v £i ler'
the R££i R.. R£ the bAaFd and shall be r, 911191 Rr.1 Thp bAaFd may R add i4i RR a en4
r@' F611@6 Of n nerL Ire PARS iSte Rt•n•it9 49e n ORSOf 4966 41@-
R.
g '.'AtP Qf DRr,4 :Ph@ R9 Ygt@ Of th r..r@@ /Q\ FR FRbPF; Of thp- bA@Fd sh@1l h..
4nF&,'@FseaRYnrrler ono rleniS inn OF rle4er.R R@4inR n£ aRY
r dFR Ri 64',46•.. A#Rir,l OF 4R .1..G d@ iR 409r of the r, n1i GaR4 OR aRy a#@F 1 .•9iR9 i4
rerl 4n
pass Rrler 4966 4i4Io r 4n @£fent @ i@4inR 1n9 4i4Io r 4e @'lent
@I enrl @ n 1'e n£n nerL ire @''enter' n ono 4n th S n9@n4er
1F R Q. r`CAICDAI DQ\NCDQ.
The 9n@rrl S9@'' 9@.•e 49e fn'IGN nn n
A. Appeals CrRm AdFR Ri64rrt"P Q#A@I. TR hP@F @Rd .1prd appeals •h@Fe it
alleged there 6 @FFGF R aRY nrrler F@961 F@FA@Rt, rleni Si OR, AF rle4er.Ri Roti nn
@rle 9v @RadFn RiS4r@4i.•e Gg ni@' in 49e enfnrnement of @ nrrli Ronne adopter'
ono 4nln• a r"nrle n9@n4er 414, 1n9 m • he @ enr'o'l frn.R 4i me 4n 4i me
•---j Formatted:Indent:Left: 36 pt
g. C-AR.J i4i RR@l IRRS. TR hP@F @Rd .1..G de n1iGat RRG fRr R Rd t RR@l
P@FFm i4S 61POR •e•9 in9 c 1n9 9n@rrl 6 F@961 rerl 4n pass inner 49e PFQV 6 QRS Of 4966
4'4�e
t-'- Formatted:Indent:Left: 36 pt
Q V@F @RAPS. T @1149nri oi4V.nri� 61POR appeal R SP@G Gases 91"nh a £rnm
th@ 96111( r 1 lat RR R Of 4966 4641.. a*Rq and RM Of 4966
4i4Io n•ill Rn4 he nRtr@ry 4n 49e n119'in iRtereS4 •@•here OW Rg 4n SP@G @'
nRdt nnc @ liter@' enfnrnement Of 49ece PF9ORSn•i11 r 1114
9@rrlS9in and n 49@4 the c F Of 49ec PFONORSS9@" he n9Sen•e•{c Rd
119SMR4i@' 611646 ne Anne
•--- Formatted:Indent:Left: 36 pt
P. CRnniol FXG@PtQRS� To hear and rinnirin RRlinotinns £r.r SP@Gal
GFda RG@'A'th 4h@ g aI r ''htin RS n£
8.n 'Alh nti 8.n PFGRnhv 6 Innotnrl Rd SP@GfG sto Rd@Fds nn RtniRnrl
V.nrP'R
t--- Formatted:Indent:Left: 36 pt
16-8-24:APPEAL FROM ADMINISTRATIVE OFFICIAL:
16-8-24-1: AUTHORIZATION:
16-8-24-2: APPEAL PROCEDURE:
16-8-24-3: EFFECT OF APPEAL:
4c ❑ n n. onnon PF=QRInnl nnl nPPFnl
th 6 title F@V@F6@ OF a#r.R Wholly OF nobly, OF Fnay Qd i£v 8.n nrrinr F@961 FWAeRt,
rinni si OR OF rintnr.R i Roti OR appealed £rn.R Rd Fnay oLn s IGh nrrinr F@961 FWAept,
d@G 6inR OF d@t@rmi Rat i OR as 96ight to be add Rd to that PRd rh@11 h@yin @II the
Of 8.n n£fi nnr£rnm whem the appeal is to LnR
16-8-35: CONDITIONAL USE PERMIT PROCEDURE:
16-8-35-1: GENERALLY:
16-8-35-2: APPLICATION:
C. The board may require the applicant for a conditional use permit to supply any
further information beyond that contained in the application where it reasonably
considers such information necessary to make the determinations required by section
16-8-35-4 of this chapter.
16-8-35-3: NOTICE AND MEETING REQUIREMENTS:
16-8-35-4: STANDARDS FOR GRANTING CONDITIONAL USE PERMIT:
16-8-35-5: CONDITIONS AND RESTRICTIONS ON CONDITIONAL USE PERMIT:
A. Imposition Of Conditions And Restrictions: In granting a conditional use permit,
the board may impose any conditions or restrictions it reasonably considers necessary
to ensure full compliance with the standards of section 16-8-35-4 of this chapter to
reduce or eliminate any detrimental effect of the proposed conditional use permit upon
the neighborhood or the district, or to carry out the general purposes and intent of this
title.
16-8-35-6: DECISION AND RECORDS:
The board shall render a written decision on an application for a conditional use permit
after the close of the meeting. The decision of the board shall contain specific findings
of fact supporting the granting or denial of the conditional use permit and shall clearly
set forth any conditions or restrictions imposed pursuant to section 16-8-35-5 of this
chapter. The board shall maintain the record of all actions with respect to applications
for conditional use permits and shall notify the city council of their decisions on each
application.
16-8-35-7: PERIOD OF VALIDITY, EXPIRATION:
16-8-35-8: PARKING REGULATIONS:
16-8-35-9: SIGN REGULATIONS:
16-8-35-10: LIST OF CONDITIONAL USES:
16-8-46:VARIANCE PROCEDURE:
16-8-46-1: APPLICATION:
16-8-46-2: NOTICE AND MEETING REQUIREMENTS:
16-8-46-3: REQUIREMENTS FOR GRANTING OF VARIANCE:
16-8-46-4: CONDITIONS AND RESTRICTIONS ATTACHED TO GRANTING OF
VARIANCE:
16-8-46-5: DECISIONS AND RECORDS:
16-8-57: SPECIAL EXCEPTIONS:
16-8-5�-1: APPLICATION:
16-8-57--2: NOTICE AND MEETING REQUIREMENTS:
16-8-57--3: REQUIREMENTS FOR GRANTING SPECIAL EXCEPTION:
16-8-57--4: CONDITIONS AND RESTRICTIONS ATTACHED TO GRANTING SPECIAL
EXCEPTION
16-8-5;-5: DECISIONS AND RECORDS:
16-8-68:APPEAL FROM BOARD DECISION:
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: November 6, 2015, and for which the charge is $43.65.
Subscribed to before me, otary Public 'n and for Dubuque County, Iowa,
this /47x day of , 20 /. .
Notary Public in and for Dubuque County, Iowa.
. 1, 2017
OFFICIAL
PUBLICATION
ORDINANCE NO. 69-15
AMENDING CITY OF
DUBUQUE CODE OF
ORDINANCES TITLE i
16 UNIFIED DEVELOP-
MENT CODE, CHAP -1
TER 8 ZONING BOARD'.
OF ADJUSTMENT AP-
PLICATIONS BY REII
-
MOVING DUPLICATE
SECTIONS ' AND RE-
NUMBERING THE
SECTIONS ACCORD-
INGLY
NOW, THEREFORE,
BE IT ORDAINED BY
THE CITY COUNCIL
OF THE CITY OF
DUBUQUE, IOWA:
Section 1. Title 16, I
Chapter 8 of the City of
Dubuque Code of
Ordinancesis hereby
amended to read as
follows:
Chapter 8
ZONING BOARD OF
ADJUSTMENT
APPLICATIONS AND
PROCEDURES
16-8-2 APPEAL FROM
ADMINISTRATIVE
OFFICIAL:
16-8-2-1: AUTHORI-
ZATION:
16-8-2-2: APPEAL
PROCEDURE: II
16-8-2-3: EFFECT OF II
APPEAL:
16-8:3 CONDITIONAL I
USE `-PERMIT •PRO-
CEDURE:
16-8-3-1: GENERALLY:
16-8-3-2: APPLICA-
TION:
C. The board may
require the applicant
for a conditional use
permit to supply any
further information
beyond that contained I
in the application
where it reasonably
considers such infor-
mation necessary to
make the determin-
ations, required by
section 16-8-3-4 of this
chapter.
16-8-3-3: NOTICE AND
MEETING REQUIRE-
MENTS:
16-8-3-4: STANDARDS
FOR GRANTING CON-
DITIONAL USE PERMIT:
16-8-3-5: CONDITIONS
AND RESTRICTIONS ON
CONDITIONAL, USE PER-
MIT:
A. Imposition Of
Conditions And Restric-
tions: In granting a
conditional use permit,
the board may impose
any conditions or
restrictions it reason-
ably considers neces-
sary to ensure full
compliance with the
standards of section 16-
8-3-4 of this chapter to
reduce or, eliminate
any detrimental effect
of the proposed con-
ditional use ' permit
upon the neighborhood
or the district, or to
carry out the general
purposes and intent of
this title.
16-8-3-6: DECISION
AND RECORDS:
The board shall
render a written
decision on an
application for a
conditional use permit
after the close of the
meeting. The decision
of the board s shall
,contain specific find-
ings of fact supporting
the granting or denial
of the, conditional use
permitand:shall clearly
set forth any condi-
tions `or' restrictions
imposed pursuant to
section 16-8-3-5 of this
chapter. The board
shall maintain the
record of all actions
with respect to appli-
cations for conditional
use permits andshall
notify the city council
of their decisions on
each application.
16-8-3-7: PERIOD OF
VALIDITY; EXPIRATION:
16-8-3-8: PARKING
REGULATIONS: '
16-8-3-9: SIGN REGU-
LATIONS:
16-8-3-10: LIST OF
CONDITIONAL USES:
16-8-4: VARIANCE
PROCEDURE:
,16-8-4-1: APPLICA-
TION:
16-8-4-2: NOTICE AND
MEETING .REQUIRE-
MENTS:
16-8-4-3:. REQUIRE-
MENTS FOR GRANTING
OF VARIANCE:
16-8-4-4: CONDITIONS
AND RESTRICTIONS
ATTACHED TO GRANT-
ING OF VARIANCE: ,
16-8-4-5: DECISIONS
AND RECORDS:
16-8-5: _ SPECIAL
EXCEPTIONS:
16-8-5-1: APPLICA-
TION:
16-8-5-2: NOTICE AND
MEETING REQUIRE-
MENTS:
16 8 5-3: REQUIRE-
MENTS FOR GRANTING
SPECIAL EXCEPTION:
16-8-5-4: CONDITIONS
AND RESTRICTIONS
ATTACHED TO GRANT-
ING SPECIAL EXCEP-
TION:
16-8-5-5: DECISIONS
AND RECORDS:
16-8-6: APPEAL FROM
BOARD DECISION:
Section 2. This
Ordinance takes effect
upon publication.
Passed, approved,
and adopted the 2nd
day of November, 2015.
/s/Roy D. Buol, Mayor
Attest: /s/Kevin S.
Firnstahl City Clerk
Published officiallyAl
11 the Telegraph Herald
newspaper on the 6th,
day of November, 2015.
Js/Kevin S. Firnstahl,l
City Clerk''
1t 11/6, I